[Congressional Record Volume 142, Number 76 (Wednesday, May 29, 1996)]
[House]
[Pages H5614-H5625]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OMNIBUS CIVILIAN SCIENCE AUTHORIZATION ACT OF 1996
The SPEAKER pro tempore. Pursuant to House Resolution 427 and rule
XXIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 3322.
1905
in the committee of the whole
Accordingly the House resolved itself into the Committee of the Whole
House on the State of the Union for the further consideration of the
bill, H.R. 3322, to authorize appropriations for fiscal year 1997 for
civilian science activities of the Federal Government, and for other
purposes, with Mr. Burton of Indiana in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole House rose earlier
today, amendment No. 8, offered by the gentleman from California [Mr.
Brown] had been disposed of.
Are there further amendments to section 1?
If not, the Clerk will designate title I.
The text of title I is as follows:
TITLE I--NATIONAL SCIENCE FOUNDATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``National Science
Foundation Authorization Act of 1996''.
SEC. 102. DEFINITIONS.
For purposes of this title--
(1) the term ``Director'' means the Director of the
Foundation;
(2) the term ``Foundation'' means the National Science
Foundation;
(3) the term ``institution of higher education'' has the
meaning given such term in section 1201(a) of the Higher
Education Act of 1965;
(4) the term ``national research facility'' means a
research facility funded by the Foundation which is
available, subject to appropriate policies allocating access,
for use by all scientists and engineers affiliated with
research institutions located in the United States; and
(5) the term ``United States'' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and any other territory or
possession of the United States.
Subtitle A--National Science Foundation Authorization
SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
(a) Findings.--The Congress finds that--
(1) the programs of the Foundation are important for the
Nation to strengthen basic research and develop human
resources in science and engineering, and that those programs
should be funded at an adequate level;
(2) the primary mission of the Foundation continues to be
the support of basic scientific research and science
education and
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the support of research fundamental to the engineering
process and engineering education; and
(3) the Foundation's efforts to contribute to the economic
competitiveness of the United States should be in accord with
that primary mission.
(b) Fiscal Year 1997.--There are authorized to be
appropriated to the Foundation $3,250,500,000 for fiscal year
1997, which shall be available for the following categories:
(1) Research and Related Activities, $2,340,300,000.
(2) Education and Human Resources Activities, $600,000,000.
(3) Major Research Equipment, $80,000,000.
(4) Academic Research Facilities Modernization,
$100,000,000.
(5) Salaries and Expenses, $120,000,000.
(6) Office of Inspector General, $5,000,000.
(7) Headquarters Relocation, $5,200,000.
(c) Limitation.--Consistent with the amendment made by
section 130(a) of this Act, funds appropriated under
subsection (b)(1) of this section shall be available to not
more than 6 scientific directorates. No funds appropriated
under subsection (b)(1) may be obligated or expended by, for,
or through a scientific directorate if funds appropriated
under subsection (b)(1) have been obligated or expended for 6
other scientific directorates.
SEC. 112. PROPORTIONAL REDUCTION OF RESEARCH AND RELATED
ACTIVITIES AMOUNTS.
If the amount appropriated pursuant to section 111(b)(1) is
less than the amount authorized under that paragraph, the
amount available for each scientific directorate under that
paragraph shall be reduced by the same proportion.
SEC. 113. CONSULTATION AND REPRESENTATION EXPENSES.
From appropriations made under authorizations provided in
this title, not more than $10,000 may be used in each fiscal
year for official consultation, representation, or other
extraordinary expenses at the discretion of the Director. The
determination of the Director shall be final and conclusive
upon the accounting officers of the Government.
SEC. 114. REPROGRAMMING.
(a) $500,000 or Less.--In any given fiscal year, the
Director may transfer appropriated funds among the
subcategories of Research and Related Activities, so long as
the net funds transferred to or from any subcategory do not
exceed $500,000.
(b) Greater Than $500,000.--In addition, the Director may
propose transfers to or from any subcategory exceeding
$500,000. An explanation of any proposed transfer under this
subsection must be transmitted in writing to the Committee on
Science of the House of Representatives, and the Committees
on Labor and Human Resources and Commerce, Science, and
Transportation of the Senate. The proposed transfer may be
made only when 30 calendar days have passed after
transmission of such written explanation.
Subtitle B--General Provisions
SEC. 121. ANNUAL REPORT.
Section 3(f) of the National Science Foundation Act of 1950
(42 U.S.C. 1862(f)) is amended to read as follows:
``(f) The Foundation shall provide an annual report to the
President which shall be submitted by the Director to the
Congress at the time of the President's annual budget
submission. The report shall--
``(1) contain a strategic plan, or an update to a previous
strategic plan, which--
``(A) defines for a three-year period the overall goals for
the Foundation and specific goals for each major activity of
the Foundation, including each scientific directorate, the
education directorate, and the polar programs office; and
``(B) describe how the identified goals relate to national
needs and will exploit new opportunities in science and
technology;
``(2) identify the criteria and describe the procedures
which the Foundation will use to assess progress toward
achieving the goals identified in accordance with paragraph
(1);
``(3) review the activities of the Foundation during the
preceding year which have contributed toward achievement of
goals identified in accordance with paragraph (1) and
summarize planned activities for the coming three years in
the context of the identified goals, with particular emphasis
on the Foundation's planned contributions to major multi-
agency research and education initiatives;
``(4) contain such recommendations as the Foundation
considers appropriate; and
``(5) include information on the acquisition and
disposition by the Foundation of any patents and patent
rights.''.
SEC. 122. NATIONAL RESEARCH FACILITIES.
(a) Facilities Plan.--The Director shall provide to
Congress annually, as a part of the report required under
section 3(f) of the National Science Foundation Act of 1950,
a plan for the proposed construction of, and repair and
upgrades to, national research facilities. The plan shall
include estimates of the cost for such construction, repairs,
and upgrades, and estimates of the cost for the operation and
maintenance of existing and proposed new facilities. For
proposed new construction and for major upgrades to existing
facilities, the plan shall include funding profiles by fiscal
year and milestones for major phases of the construction. The
plan shall include cost estimates in the categories of
construction, repair, and upgrades for the year in which the
plan is submitted to Congress and for not fewer than the
succeeding 4 years.
(b) Limitation on Obligation of Unauthorized
Appropriations.--No funds appropriated for any project which
involves construction of new national research facilities or
construction necessary for upgrading the capabilities of
existing national research facilities shall be obligated
unless the funds are specifically authorized for such purpose
by this title or any other Act which is not an appropriations
Act, or unless the total estimated cost to the Foundation of
the construction project is less than $50,000,000. This
subsection shall not apply to construction projects approved
by the National Science Board prior to June 30, 1995.
SEC. 123. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.
Section 203(b) of the Academic Research Facilities
Modernization Act of 1988 is amended by striking the final
sentence of paragraph (3) and inserting in lieu thereof the
following: ``The Director shall give priority to institutions
or consortia that have not received such funds in the
preceding 5 years, except that this sentence shall not apply
to previous funding received for the same multiyear
project.''.
SEC. 124. ADMINISTRATIVE AMENDMENTS.
(a) National Science Foundation Act of 1950 Amendments.--
The National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.) is amended--
(1) by redesignating the subsection (k) of section 4 (42
U.S.C. 1863(k)) that was added by section 108 of the National
Science Foundation Authorization Act of 1988 as subsection
(l);
(2) in section 5(e) (42 U.S.C. 1864(e)) by amending
paragraph (2) to read as follows:
``(2) Any delegation of authority or imposition of
conditions under paragraph (1) shall be promptly published in
the Federal Register and reported to the Committees on Labor
and Human Resources and Commerce, Science, and Transportation
of the Senate and the Committee on Science of the House of
Representatives.'';
(3) by inserting ``be entitled to'' between ``shall'' and
``receive'', and by inserting ``, including traveltime,''
after ``Foundation'' in section 14(c) (42 U.S.C. 1873(c));
(4) by striking section 14(j) (42 U.S.C. 1873(j)); and
(5) by striking ``Atomic Energy Commission'' in section
15(a) (42 U.S.C. 1874(a)) and inserting in lieu thereof
``Secretary of Energy''.
(b) National Science Foundation Authorization Act, 1976
Amendments.--Section 6(a) of the National Science Foundation
Authorization Act, 1976 (42 U.S.C. 1881a(a)) is amended by
striking ``social,'' the first place it appears.
(c) National Science Foundation Authorization Act of 1988
Amendments.--(1) Section 117(a)(1)(B)(v) of the National
Science Foundation Authorization Act of 1988 (42 U.S.C.
1881b(1)(B)(v)) is amended to read as follows:
``(v) from schools established outside the several States
and the District of Columbia by any agency of the Federal
Government for dependents of its employees.''.
(2) Section 117(a)(3)(A) of such Act (42 U.S.C.
1881b(3)(A)) is amended by striking ``Science and Engineering
Education'' and inserting in lieu thereof ``Education and
Human Resources''.
(d) Education for Economic Security Act Amendments.--
Section 107 of Education for Economic Security Act (20 U.S.C.
3917) is repealed.
(e) Technical Amendment.--The second subsection (g) of
section 3 of the National Science Foundation Act of 1950 is
repealed.
SEC. 125. INDIRECT COSTS.
(a) Matching Funds.--Matching funds required pursuant to
section 204(a)(2)(C) of the Academic Research Facilities
Modernization Act of 1988 (42 U.S.C. 1862c(a)(2)(C)) shall
not be considered facilities costs for purposes of
determining indirect cost rates.
(b) Report.--The Director of the Office of Science and
Technology Policy, in consultation with other relevant
agencies, shall prepare a report analyzing what steps would
be needed to--
(1) reduce by 10 percent the proportion of Federal
assistance to institutions of higher education that are
allocated for indirect costs; and
(2) reduce the variance among indirect cost rates of
different institutions of higher education, including an
evaluation of the relative benefits and burdens of each
option on institutions of higher education. Such report shall
be transmitted to the Congress no later than December 31,
1996.
SEC. 126. FINANCIAL DISCLOSURE.
Persons temporarily employed by or at the Foundation shall
be subject to the same financial disclosure requirements and
related sanctions under the Ethics in Government Act of 1978
as are permanent employees of the Foundation in equivalent
positions.
SEC. 127. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE DUTY.
In order to be eligible to receive funds from the
Foundation after September 30, 1996, an institution of higher
education must provide that whenever any student of the
institution who is a member of the National Guard, or other
reserve component of the Armed Forces of the United States,
is called or ordered to active duty, other than active duty
for training, the institution shall grant the member a
military leave of absence from their education. Persons on
military leave of absence from their institution shall be
entitled, upon release from military duty, to be
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restored to the educational status they had attained prior to
their being ordered to military duty without loss of academic
credits earned, scholarships or grants awarded, or tuition
and other fees paid prior to the commencement of the military
duty. It shall be the duty of the institution to refund
tuition or fees paid or to credit the tuition and fees to the
next semester or term after the termination of the
educational military leave of absence at the option of the
student.
SEC. 128. SCIENCE STUDIES INSTITUTE.
(a) Amendment.--Section 822 of the National Defense
Authorization Act for Fiscal 1991 (42 U.S.C. 6686) is
amended--
(1) by striking ``Critical Technologies Institute'' in the
section heading and in subsection (a), and inserting in lieu
thereof ``Science Studies Institute'';
(2) in subsection (b) by striking ``As determined by the
chairman of the committee referred to in subsection (c),
the'' and inserting in lieu thereof ``The'';
(3) by striking subsection (c), and redesignating
subsections (d), (e), (f), and (g) as subsections (c), (d),
(e), and (f), respectively;
(4) in subsection (c), as so redesignated by paragraph (3)
of this subsection--
(A) by inserting ``science and'' after ``developments and
trends in'' in paragraph (1);
(B) by striking ``with particular emphasis'' in paragraph
(1) and all that follows through the end of such paragraph
and inserting in lieu thereof ``and developing and
maintaining relevant informational and analytical tools.'';
(C) by striking ``to determine'' and all that follows
through ``technology policies'' in paragraph (2) and
inserting in lieu thereof ``with particular attention to the
scope and content of the Federal science and technology
research and develop portfolio as it affects interagency and
national issues'';
(D) by amending paragraph (3) to read as follows:
``(3) Initiation of studies and analysis of alternatives
available for ensuring the long-term strength of the United
States in the development and application of science and
technology, including appropriate roles for the Federal
Government, State governments, private industry, and
institutions of higher education in the development and
application of science and technology.'';
(E) by inserting ``science and'' after ``Executive branch
on'' in paragraph (4)(A); and
(F) by amending paragraph (4)(B) to read as follows:
``(B) to the interagency committees and panels of the
Federal Government concerned with science and technology.'';
(5) in subsection (d), as so redesignated by paragraph (3)
of this subsection, by striking ``subsection (d)'' and
inserting in lieu thereof ``subsection (c)''; and
(6) by amending subsection (f), as so redesignated by
paragraph (3) of this subsection, to read as follows:
``(f) Sponsorship.--The Director of the Office of Science
and Technology Policy shall be the sponsor of the
Institute.''.
(b) Conforming Usage.--All references in Federal law or
regulations to the Critical Technologies Institute shall be
considered to be references to the Science Studies Institute.
SEC. 129. EDUCATIONAL IMPACT.
(a) Findings.--The Congress finds that--
(1) Federal research funds made available to institutions
of higher education often create incentives for such
institutions to emphasize research over undergraduate
teaching and to narrow the focus of their graduate programs;
and
(2) National Science Foundation funds for Research and
Related Activities should be spent in the manner most likely
to improve the quality of undergraduate and graduate
education in institutions of higher education.
(b) Educational Impact.--(1) The impact that a grant or
cooperative agreement by the National Science Foundation
would have on undergraduate and graduate education at an
institution of higher education shall be a factor in any
decision whether to award such grant or agreement to that
institution.
(2) Paragraph (1) shall be effective with respect to any
grant or cooperative agreement awarded after September 30,
1997.
(c) Report.--The Director shall provide a plan for the
implementation of subsection (b) of this section, no later
than December 31, 1996, to the Committee on Science of the
House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on Labor and
Human Resources of the Senate.
SEC. 130. DIVISIONS OF THE FOUNDATION.
(a) Amendment.--Section 8 of the National Science
Foundation Act of 1950 (42 U.S.C. 1866) is amended by
inserting ``The Director may appoint, in consultation with
the Board, not more than 6 Assistant Directors to assist in
managing the Divisions.'' after ``time to time determine.''.
(b) Report.--By November 15, 1996, the Director shall
transmit to the Congress a report on the reorganization of
the National Science Foundation required as a result of the
amendment made by subsection (a).
SEC. 131. NATIONAL SCIENCE AND ENGINEERING FOUNDATION.
The National Science Foundation and the National Science
Board are hereby renamed as the National Science and
Engineering Foundation and the National Science and
Engineering Board, respectively, and all references thereto
in Federal law or regulation shall be deemed to refer to the
National Science and Engineering Foundation or the National
Science and Engineering Board, as appropriate.
The CHAIRMAN. Are there any amendments to title I?
amendment offered by mr. ehlers
Mr. EHLERS. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Ehlers: Page 20, lines 1 through
10, strike section 131. Amend the table of contents
accordingly.
Mr. EHLERS. Mr. Chairman, the purpose of the amendment is very
straightforward and very simple. In the Committee on Science, an
amendment was added to the bill to change the name of the National
Science Foundation to the National Science and Engineering Foundation.
That amendment was added by a 1-vote margin. The purpose of my
amendment is to strike that amendment and to maintain the name of the
National Science Foundation as the National Science Foundation.
I want to emphasize that the issue before us is not an issue dealing
with respect for engineering. It is not an issue dealing with support
of engineering. I must say that I have the greatest respect for
engineers. I began my career in academic work as an engineer. I would
be perfectly happy and proud to have remained on that career track and
to be an engineer today. I also have a son who is currently a
practicing engineer. I have the greatest respect for the engineering
profession and for engineers as professionals.
I also strongly support and will continue to support engineering as a
discipline within the National Science Foundation. Currently the
engineering portion of the National Science Foundation budget exceeds
13 percent. So, obviously, there is a great deal of support for
engineering within the National Science Foundation.
As far as I am concerned, in fact, engineering is a part of science.
It is one of the subfields or subdisciplines of science, and I believe
it is a mistake to single them out and include them in the name of the
National Science Foundation.
Mr. Chairman, just to give some idea of what the National Science
Foundation covers, at this point they have programs in physics,
biology, chemistry, a number of the social sciences--including
psychology and economics--computer science, mathematics, oceanography,
geology, atmospheric sciences, and also education. I believe that if
this name change is added, there would immediately be a request for
other names to be included in the title of the organization and,
eventually, the name would lose all meaning as we would end up with
another meaningless Washington acronym.
Mr. Chairman, in fact, I believe that the only discipline within the
National Science Foundation which might have some rightful claim to
being included separately in the name of the NSF would be mathematics,
which never has been and is not now considered a science. It is a
separate discipline, a separate method of thought and investigation,
and provides the foundation for much of science. Also if anyone were to
change the name of the National Science Foundation to accurately
reflect its mission, perhaps ``National Research Foundation'' might be
most appropriate, because that is the primary emphasis of the National
Science Foundation in all the disciplines mentioned above. They fund
research in all these different scientific fields, including all those
I have mentioned, including engineering, as well as a few others.
The suggestion to change the name is particularly inappropriate at
this time because there is currently a trend, not only within the
National Science Foundation but within this Nation itself, in research
establishments to engage in interdisciplinary science. The lines
between the disciplines are blurring and we find more and more
interdisciplinary efforts to combine engineering and chemistry, for
example, or to combine mathematics and physics in particular programs
and in particular directions of research.
I would also emphasize that a major part of the Foundation's work is
in education, and the teachers might well come along and ask why NSF
should not be named the National Science and Education Foundation.
I recognize that a large number of engineers, many of whom are close
friends and all of whom I respect very
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deeply, are very anxious to have their discipline achieve greater
recognition and to be named specifically in the title of the National
Science Foundation. I believe this is going in the wrong direction. It
is very important to maintain the identity of the National Science
Foundation as it is. It is known worldwide by that name.
1915
Because I am a practicing scientist, I recall what happened when the
name of the National Bureau of Standards was changed to the National
Institutes of Standards and Technology. It still causes confusion
throughout the world because for many years the National Bureau of
Standards was recognized worldwide as a major scientific enterprise and
everyone knew it by that name.
In summary, Mr. Chairman, I urge that we adopt my amendment and
maintain the name of the organization as the National Science
Foundation.
Mr. BARTON of Texas. Mr. Chairman, I rise to speak in opposition to
the amendment.
(Mr. BARTON of Texas asked and was given permission to revise and
extend his remarks.)
Mr. BARTON of Texas. Mr. Chairman, I am reminded of a story that
President Abraham Lincoln used to tell. Somebody was about to be hung
and the crowd was gathering on the town square and they asked the
gentleman about to be hung if he had any last remarks; and he said, if
it were not for the honor of the occasion, he would just as soon not be
there.
If it were not for the honor of having my amendment singled out to be
struck from the bill, I would just as soon not be here. I am the author
of the amendment to change the name of the National Science Foundation
to the National Science and Engineering Foundation. Admittedly, it was
a close vote, 23 to 22, but it still was an affirmative vote.
I think it is very important that we recognize engineering for its
contributions to the American society. Our first President, George
Washington, was a practicing engineer. Even in this century, we have
had engineering Presidents like President Hoover and President Carter.
There are over 6 million practicing engineers in our Nation. So
engineers are not a part of science, they are a separate discipline. If
you go to any major research university in this country, they have a
school of engineering that is separate and apart from their science
departments. We have a National Academy of Sciences. We have a National
Academy of Engineering.
If my colleagues read the annual report of the National Science
Foundation, budget summary, fiscal 1997, I read the first sentence,
``The National Science Foundation requests $3.3 billion for fiscal 1997
to invest in almost 20,000 research and education projects in science
and engineering.'' Everywhere in the first two pages of the NSF budget
summary, where it says ``science,'' it says, ``and engineering.''
All of the various societies of engineering have submitted letters of
endorsement to change the name of the National Science Foundation to
the National Science and Engineering Foundation. I will submit those
for the Record. We have the Institute of Electrical and Electronics
Engineers, the American Society of Mechanical Engineers, the American
Nuclear Engineering Society, the American Society of Civil Engineers;
they have all gone on record specifically endorsing the Barton
amendment to change the name from the National Science Foundation to
the National Science and Engineering Foundation.
There is no cost to this amendment. The Director of the National
Science Foundation, Dr. Neal Lane, testified at our budget hearing that
there is no cost associated with this. It does not cost anything. It
empowers engineers. They are a separate field. It passed in committee
on a bipartisan vote in support of it.
Mr. Chairman, I would strongly recommend that we defeat the amendment
of the gentleman from Michigan [Mr. Ehlers]. Keep the name change as
adopted in committee and let us empower engineers. Let us call it the
National Science and Engineering Foundation.
Mr. BROWN of California. Mr. Chairman, I move to strike the last
word.
Mr. Chairman, this is a very difficult vote for me, and I would like
to explain why. I have shared with the gentleman from Texas [Mr.
Barton] the desire to give engineers a more prominent role in the
national scientific and technological community, and I pursued this
over many, many years. I have actually authored a number of the changes
in the Science Foundation charter, which specifically includes in a
number of places in the charter a separate role for engineers.
I have not done this with the purpose of setting up a rivalry between
scientists and engineers, but to give what I felt was due respect to
the engineering profession and its vast contributions to the American
public.
I have likewise authored legislation to set up a separate foundation
for engineers and what you might call technologists that would parallel
the National Science Foundation, just as we have at the national
academies, a National Academy of Science and a National Academy of
Engineering, as well as the National Institute of Medicine. I thought
perhaps we could set up that kind of a structure.
My previous efforts to establish a separate engineering institute or
foundation have not succeeded, and I was persuaded that I should join
with the gentleman from Texas in this title change as a means of
providing the kind of respect and attention that I thought was
deserved.
At the risk of appearing to be without principle and totally wishy-
washy I have decided that I made the wrong vote in committee in
supporting Mr. Barton, and since there was only one vote difference, I
think Mr. Barton ought to accept the fact that he has lost the mandate
of heaven and that we ought to leave the title the same as it was. I
apologize for this, because I think I did not do justice to my overall
goal of trying to give greater respect to the engineering profession.
Mr. BARTON of Texas. Mr. Chairman, will the gentleman yield?
Mr. BROWN of California. I yield to the gentleman from Texas.
Mr. BARTON of Texas. Mr. Chairman, I just want to make sure that I
understand my good friend from California who has been such a stalwart
supporter of mine on this issue. When we are down to the critical
moment on the floor of the House of Representatives with the entire
country watching, we are not watching you change your mind as we debate
the issue?
Is that the gentleman's current position?
Mr. BROWN of California. Mr. Chairman, reclaiming my time, well, to
some of my friends on the other side who think I am a totally
inflexible, knee-jerk liberal, I want to indicate that I can change my
mind.
Mr. BARTON of Texas. Mr. Chairman, I respect the gentleman from
California. I am disappointed, but I certainly respect his change of
mind.
Mr. BROWN of California. Mr. Chairman, again reclaiming my time, I
can assure the gentleman that I am not happy with having to make this
change either, but I have received a number of communications from
people that I respect that this was not achieving what I thought it
might achieve, and my conclusion is that I would join with Mr. Ehlers
in trying to reverse this action, and I yield back the balance of my
time.
Mr. WALKER. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I do rise in support of the amendment. This section of
the bill did come out of committee on a one-vote margin, and the
gentleman from Texas [Mr. Barton] has worked very honorably on this and
feels very strongly about the need for this name change.
Mr. Chairman, my concern is this. You have one of the premier science
agencies in the world in the National Science Foundation. It is
recognized worldwide for the quality of its work. By changing the name,
we will in fact affect the ability of the world to understand just
exactly who our premier science agency is, and I think that would be a
shame at the present time.
Mr. Chairman, I also think that the current name more reflects the
mission of the agency than the changed name would. Adding engineering
to NSF's name suggests that science and engineering are fundamentally
separate and incompatible. A broader perspective recognizes science as
a method for solving problems. It is a method used
[[Page H5618]]
by physicists, chemists anthropologists, and engineers.
NSF does not support engineering the way it is classically defined,
the application of science and mathematics to practical ends. Rather,
it supports research, using scientific method on problems of interest
to engineers, just as it supports research using the scientific method
on problems of interest to chemists, physicists, and anthropologists.
The absence of the name ``engineering'' in the foundation's name is
not indicative of any absence of respect for engineers, any more than
the absence of ``teachers'' in the name shows a lack of respect for
education, which is another of the foundation's central missions.
The move to gain support for a name change comes at a particularly
unsuitable time for NSF inasmuch as the fiscal 1997 budget emphasizes
moving out of constraining ways of solving problems and encouraging
interdisciplinary thinking and the integration of problem-solving
efforts across multiple areas of inquiry.
NSF does not need a name change that brings attention to outdated
professional rivalries that are irrelevant to its mission.
The name of our committee was changed from Science, Space, and
Technology to Science to indicate our support for science in its
broadest context. Similarly, I believe that the National Science
Foundation supports the idea of basic research.
Mr. VOLKMER. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I just would like to make a little observation. Before
I do, I voted with the gentleman from Texas in committee and I plan to
vote with him now. But what I would like to observe is that with all of
the monumental tasks facing this Nation and facing this House of
Representatives, we are spending time debating whether or not the
National Science Foundation is called the National Science Foundation
or whether it is called the National Science and Engineering
Foundation.
Mr. Chairman, it does not make a difference what we call it. It is
going to do the same thing. It is only going to get the same amount of
money. Everything is going to be the same. I think this is really,
absolutely silly. Mr. Chairman, it is worse than whether we should have
pets in senior citizen housing.
Mr. BARTLETT of Maryland. Mr. Chairman, I move to strike the
requisite number of words.
Mr. Chairman, I rise very reluctantly to support the amendment of the
gentleman from Michigan [Mr. Ehlers], because I have such great respect
for the gentleman from Texas [Mr. Barton].
Mr. Chairman, I am a scientist. I have about 100 papers in the
literature; probably 50 of them are basic science. I worked as an
engineer. I was called engineer in several places. I was called
engineer for 8 years, at IBM for one of them. I have been awarded 20
patents, which is certainly in the engineering area.
Our youngest son of 10 children has just gotten his degree in
chemical engineering, so I am very, very supportive of engineering,
having worked as one and been awarded patents and having a son who is
an engineer. And I also have been in the scientific area.
I just think that this name change is not in the best interest of
either scientists or engineers. NSF has a long history. It is known
worldwide. I think it would be very confusing to people to change the
name.
I agree with the comment that was made that changing the name of the
National Bureau of Standards did not do much good. There is now a lot
of confusion. I still tend to refer to it as NBS because it was that
for a number of years. We need to be careful when changing names
because we may do more than change the name.
Mr. BARTON of Texas. Mr. Chairman, will the gentleman yield?
Mr. BARTLETT of Maryland. I yield to the gentleman from Texas.
Mr. BARTON of Texas. Mr. Chairman, what was that name changed to?
Mr. BARTLETT of Maryland. The National Institute of Science and
Technology.
Mr. BARTON of Texas. Mr. Chairman, and my name change is from the
National Science Foundation and we are adding ``engineering.'' Does the
gentleman really think that is going to confuse people?
Mr. BARTLETT of Maryland. Mr. Chairman, if the gentleman will
continue to yield, yes, I think it will confuse people. And if we need
a National Science Foundation, I will be very happy to join the
gentleman from California [Mr. Brown] in supporting that National
Engineering Foundation. I think that would be appropriate.
But the National Science Foundation is the National Science
Foundation. Science is not engineering. Engineering is not science.
They are separate disciplines, and I would strongly urge support to the
Ehlers amendment.
1930
Mr. STEARNS. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in strong support of the Barton amendment and
what he is trying to do. I think the simple word ``science'' without
the word ``engineering'' connotes that it is applied research. With
``engineering,'' it has practical aspects and it also represents a
broad consensus in America that engineers have a role, so their name
should be part of this.
So I strongly urge my colleagues to support the gentleman from Texas
[Mr. Barton]. I think the gentleman has taken a courageous stand for
engineers across this country, and I think we should support him.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Michigan [Mr. Ehlers].
The question was taken; and the Chairman announced that the noes
appeared to have it.
recorded vote
Mr. EHLERS. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 339,
noes 58, answered ``present'' 1, not voting 35, as follows:
[Roll No. 198]
AYES--339
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Bass
Bateman
Becerra
Beilenson
Bereuter
Berman
Bevill
Bilirakis
Bishop
Bliley
Blute
Boehner
Bonior
Bono
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Buyer
Callahan
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clement
Clinger
Coble
Coleman
Collins (GA)
Collins (IL)
Combest
Condit
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
Deal
DeLauro
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Doggett
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gilchrest
Gillmor
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Greene (UT)
Greenwood
Gutierrez
Hamilton
Hancock
Hansen
Hastings (WA)
Hayworth
Hefner
Heineman
Hinchey
Hobson
Hoekstra
Hoke
Holden
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Jackson (IL)
Jacobs
Johnson (CT)
Johnson (SD)
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Laughlin
Lazio
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Livingston
LoBiondo
Lofgren
Longley
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McCrery
McDermott
McHugh
McIntosh
McKeon
McNulty
Meehan
Menendez
Metcalf
Mica
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
[[Page H5619]]
Olver
Ortiz
Orton
Oxley
Packard
Pallone
Pastor
Paxon
Payne (NJ)
Pelosi
Peterson (MN)
Petri
Pickett
Pombo
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Ros-Lehtinen
Rose
Roybal-Allard
Royce
Rush
Sabo
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stenholm
Stokes
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thornton
Thurman
Torkildsen
Traficant
Upton
Velazquez
Vento
Visclosky
Walker
Walsh
Wamp
Ward
Watt (NC)
Watts (OK)
Waxman
Weller
White
Whitfield
Wicker
Williams
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Zeliff
NOES--58
Baker (LA)
Barton
Bentsen
Bilbray
Boehlert
Bryant (TX)
Burr
Burton
Calvert
Clayton
Clyburn
Coburn
Collins (MI)
DeLay
Frost
Funderburk
Geren
Graham
Green (TX)
Gutknecht
Hall (TX)
Harman
Hastings (FL)
Hefley
Hilleary
Hilliard
Hostettler
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones
Kim
Largent
Lipinski
McHale
McInnis
McKinney
Meek
Meyers
Millender-McDonald
Owens
Parker
Payne (VA)
Rohrabacher
Salmon
Schiff
Stearns
Stockman
Thompson
Thornberry
Tiahrt
Torres
Towns
Volkmer
Waters
Weldon (FL)
Weldon (PA)
Zimmer
ANSWERED ``PRESENT''--1
DeFazio
NOT VOTING--35
Bonilla
Brewster
Conyers
de la Garza
Dingell
Dooley
Foglietta
Ford
Gibbons
Gilman
Gunderson
Hall (OH)
Hastert
Hayes
Herger
Horn
Istook
LaFalce
Lantos
Leach
Lincoln
Lowey
McDade
Molinari
Peterson (FL)
Pomeroy
Roth
Roukema
Skeen
Stark
Studds
Torricelli
Vucanovich
Wilson
Young (FL)
1947
Messrs. BRYANT of Texas, HILLIARD, CLYBURN, and JEFFERSON changed
their vote from ``aye'' to ``no.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
personal explanation
Mr. HORN. Mr. Chairman, on rollcall No. 198, I was unavoidably
detained on official business and was not able to vote on the Ehlers
amendment which eliminated Engineering from the proposed title of
National Science and Engineering Foundation. Since I believe science
and engineering are equally honorable professions essential to the
well-being of our people and our Nation, I would have voted ``nay''.
personal explanation
Mr. GILMAN. Mr. Speaker, I inadvertently was absent during rollcall
198 on the Ehlers amendment and, had I been present, I would have voted
``aye''.
The CHAIRMAN. Are there further amendments to title I?
If not, the Clerk will designate title II.
The text of title II is as follows:
TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Subtitle A--General Provisions
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Aeronautics and
Space Administration Authorization Act, Fiscal Year 1997''.
SEC. 202. FINDINGS.
The Congress makes the following findings:
(1) The National Aeronautics and Space Administration
should aggressively pursue actions and reforms directed at
reducing institutional costs, including management
restructuring, facility consolidation, procurement reform,
personnel base downsizing, and convergence with other defense
and commercial sector systems.
(2) While institutional reforms, restructurings, and
downsizing hold the slim promise of reconciling the disparity
between projected needs of the National Aeronautics and Space
Administration with funding levels requested by the
Administration over the next 4 years, such reforms provide no
guarantee against cancellation of missions or elimination of
centers in the event reform efforts fail to achieve cost
reduction targets.
(3) The National Aeronautics and Space Administration must
reverse its current trend toward becoming an operational
agency, and return to its proud history as the Nation's
leader in basic scientific air and space research.
(4) Commercial space activity is in a delicate state of
growth. It has the potential to eclipse Federal space
activity in its economic return to the Nation, if it is not
stifled.
(5) The United States is on the verge of creating and using
new technologies in microsatellites, information processing,
and space launches that could radically alter the manner in
which the Government approaches its space mission.
(6) The overwhelming preponderance of the Federal
Government's requirements for routine, nonemergency manned
and unmanned space transportation can be met most
effectively, efficiently, and economically by a free and
competitive market in privately developed and operated launch
services.
(7) In formulating a national space transportation service
policy, the National Aeronautics and Space Administration
should aggressively promote the pursuit by the commercial
sector of development of advanced space transportation
technologies including reusable space vehicles, single-stage-
to-orbit vehicles, and human space systems.
(8) The Federal Government should invest in the types of
research and innovative technology in which the United States
private sector does not invest, while avoiding competition
with the activities in which the United States private sector
does invest.
(9) International cooperation in space exploration and
science activities serves the United States national
interest--
(A) when it--
(i) reduces the cost of undertaking missions the United
States Government would pursue unilaterally;
(ii) enables the United States to pursue missions that it
could not otherwise afford to pursue unilaterally; or
(iii) enhances United States capabilities to use and
develop space for the benefit of United States citizens; and
(B) when it does not--
(i) otherwise harm or interfere with the ability of United
States private sector firms to develop or explore space
commercially;
(ii) interfere with the ability of Federal agencies to use
space to complete their missions;
(iii) undermine the ability of United States private
enterprise to compete favorably with foreign entities in the
commercial space arena; or
(iv) transfer sensitive or commercially advantageous
technologies or knowledge from the United States to other
countries or foreign entities except as required by those
countries or entities to make their contribution to a
multilateral space project in partnership with the United
States, or on a quid pro quo basis.
(10) The National Aeronautics and Space Administration and
the Department of Defense can cooperate more effectively in
leveraging their mutual capabilities to conduct joint space
missions that improve United States space capabilities and
reduce the cost of conducting space missions.
(11) The Reusable Launch Vehicle program, and the
acquisition by the Federal Government of the vehicle
resulting from that program, are necessary for the protection
of essential security interests for purposes of interpreting
the obligations of the United States under the General
Agreement on Tariffs and Trade.
SEC. 203. DEFINITIONS.
For purposes of this title--
(1) the term ``Administrator'' means the Administrator of
the National Aeronautics and Space Administration;
(2) the term ``cost threat'' means a potential change to
the program baseline documented as a potential cost by the
Space Station Program Office; and
(3) the term ``institution of higher education'' has the
meaning given such term in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)).
Subtitle B--Authorization of Appropriations
CHAPTER 1--AUTHORIZATIONS
SEC. 211. HUMAN SPACE FLIGHT.
There are authorized to be appropriated to the National
Aeronautics and Space Administration for fiscal year 1997 for
Human Space Flight the following amounts:
(1) For the Space Station, $1,840,200,000.
(2) For Space Shuttle Operations, $2,514,900,000.
(3) For Space Shuttle Safety and Performance Upgrades,
$636,000,000, including for Construction of Facilities
relating to such programs--
(A) replacement of LC-39 Pad B Chillers (KSC), $1,800,000;
(B) restoration of Pad B Fixed Support Structure Elevator
System (KSC), $1,500,000;
(C) rehabilitation of 480V Electrical Distribution System,
Kennedy Space Center, External Tank Manufacturing Building
(MAF), $2,500,000; and
(D) restoration of High Pressure Industrial Water Plant,
Stennis Space Center, $2,500,000.
(4) For Payload and Utilization Operations, $271,800,000.
(5) For Russian Cooperation, $100,000,000.
[[Page H5620]]
SEC. 212. SCIENCE, AERONAUTICS, AND TECHNOLOGY.
There are authorized to be appropriated to the National
Aeronautics and Space Administration for fiscal year 1997 for
Science, Aeronautics, and Technology the following amounts:
(1) For Space Science, $2,167,400,000.
(2) For Life and Microgravity Sciences and Applications,
$498,500,000, of which at least $2,000,000 is reserved for
research and early detection systems for breast and ovarian
cancer and other women's health issues.
(3) For Mission to Planet Earth, $1,028,400,000, of which
$50,000,000 shall be for commercial data purchases under
section 259(a). Funds authorized by this paragraph may not be
obligated to duplicate private sector or other Federal
activities or to procure systems to provide data unless the
Administrator certifies to Congress that no private sector
entity, or Federal entity other than the National Aeronautics
and Space Administration, can provide suitable data in a
timely manner.
(4) For Space Access and Technology, $711,000,000 of
which--
(A) $324,700,000 are authorized for Advanced Space
Transportation; and
(B) $10,000,000 shall be for continuing the Launch Voucher
Demonstration Program authorized under section 504 of the
National Aeronautics and Space Administration Authorization
Act, Fiscal Year 1993 (15 U.S.C. 5803).
(5) For Aeronautical Research and Technology, $823,400,000,
of which--
(A) $354,400,000 are authorized for Research and Technology
Base activities;
(B) $254,300,000 are authorized for High Speed Research;
(C) $152,800,000 are authorized for Advanced Subsonic
Technology;
(D) $23,300,000 are authorized for High-Performance
Computing and Communications; and
(E) $38,600,000 are authorized for Numerical Aerodynamic
Simulation.
(6) For Mission Communication Services, $410,600,000.
(7) For Academic Programs, $95,500,000.
SEC. 213. MISSION SUPPORT.
There are authorized to be appropriated to the National
Aeronautics and Space Administration for fiscal year 1997 for
Mission Support the following amounts:
(1) For Safety, Reliability, and Quality Assurance,
$36,700,000.
(2) For Space Communication Services, $281,250,000.
(3) For Construction of Facilities, including land
acquisition, $105,000,000, including the following:
(A) Modernization of Electrical Distribution System, Ames
Research Center, $2,400,000.
(B) Modification of Aircraft Ramp and Tow Way, Dryden
Flight Research Center, $3,000,000.
(C) Restoration of Hangar Building 4801, Dryden Flight
Research Center, $4,500,000.
(D) Modernization of Secondary Electrical Systems, Goddard
Space Flight Center, $1,500,000.
(E) Restoration of Chilled Water Distribution System,
Goddard Space Flight Center, $4,000,000.
(F) Modification of Refrigeration Systems, Various
Buildings, Jet Propulsion Laboratory, $2,800,000.
(G) Rehabilitation of Utility Tunnel Structure and Systems,
Johnson Space Center, $4,400,000.
(H) Replacement of DX Units with Central Chilled Water
System, Logistics Facility, Kennedy Space Center, $1,800,000.
(I) Rehabilitation of Central Air Equipment Building, Lewis
Research Center, $6,500,000.
(J) Modification of Chilled Water System, Marshall Space
Flight Center, $6,700,000.
(K) Rehabilitation of Condenser Water System, 202/207
Complex (MAF), $2,100,000.
(L) Rehabilitation of Electrical Distribution System, White
Sands Test Facility, $2,600,000.
(M) Minor Revitalization of Facilities at Various
Locations, not in excess of $1,500,000 per project,
$19,600,000.
(N) Minor construction of new facilities and additions to
existing facilities at various locations, not in excess of
$1,500,000 per project, $3,400,000.
(O) Facility planning and design, not otherwise provided
for, $6,700,000.
(P) Environmental compliance and restoration, $33,000,000.
(4) For Research and Program Management, including
personnel and related costs, travel, and research operations
support, $1,957,850,000.
SEC. 214. INSPECTOR GENERAL.
There are authorized to be appropriated to the National
Aeronautics and Space Administration for Inspector General,
$17,000,000 for fiscal year 1997.
SEC. 215. TOTAL AUTHORIZATION.
Notwithstanding any other provision of this subtitle, the
total amount authorized to be appropriated to the National
Aeronautics and Space Administration under this title shall
not exceed $13,495,500,000 for fiscal year 1997.
SEC. 216. OFFICE OF COMMERCIAL SPACE TRANSPORTATION
AUTHORIZATION.
There are authorized to be appropriated to the Secretary of
Transportation for the activities of the Office of Commercial
Space Transportation, $5,770,000 for fiscal year 1997.
SEC. 217. OFFICE OF SPACE COMMERCE.
There are authorized to be appropriated to the Secretary of
Commerce for the activities of the Office of Space Commerce
established by section 253 of this Act, $500,000 for fiscal
year 1997.
CHAPTER 2--RESTRUCTURING THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
SEC. 221. FINDINGS.
The Congress finds that--
(1) the restructuring of the National Aeronautics and Space
Administration is essential to accomplishing the space
missions of the United States while simultaneously balancing
the Federal budget;
(2) to restructure the National Aeronautics and Space
Administration rapidly without reducing mission content and
safety requires objective financial judgment; and
(3) a formal economic review of its missions and the
Federal assets that support them is required in order to plan
and implement needed restructuring of the National
Aeronautics and Space Administration.
SEC. 222. RESTRUCTURING REPORTS.
(a) Implementation Report.--The Administrator shall
transmit to Congress, no later than July 31, 1996, a report
on its restructuring activities by fiscal year containing, at
a minimum, a description of all actions taken or planned to
be taken after July 31, 1995, and before October 1, 2002,
including contracts terminated or consolidated; reductions in
force; relocations of personnel and facilities; sales,
closures, or mothballing of capital assets or facilities; and
net savings to be realized from such actions by fiscal year.
(b) Proposed Legislation.--The President shall propose to
Congress, not later than September 30, 1996, all enabling
legislation required to carry out actions described by the
Administrator's report under subsection (a).
CHAPTER 3--LIMITATIONS AND SPECIAL AUTHORITY
SEC. 231. USE OF FUNDS FOR CONSTRUCTION.
(a) Authorized Uses.--Funds appropriated under sections
211(1) through (5), 212, and 213(1) and (2), and funds
appropriated for research operations support under section
213(4), may be used for the construction of new facilities
and additions to, repair of, rehabilitation of, or
modification of existing facilities at any location in
support of the purposes for which such funds are authorized.
(b) Limitation.--None of the funds pursuant to subsection
(a) may be expended for a project, the estimated cost of
which to the National Aeronautics and Space Administration,
including collateral equipment, exceeds $500,000, until 30
days have passed after the Administrator has notified the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate of the nature, location, and estimated cost to the
National Aeronautics and Space Administration of such
project.
(c) Title to Facilities.--If funds are used pursuant to
subsection (a) for grants to institutions of higher
education, or to nonprofit organizations whose primary
purpose is the conduct of scientific research, for purchase
or construction of additional research facilities, title to
such facilities shall be vested in the United States unless
the Administrator determines that the national program of
aeronautical and space activities will best be served by
vesting title in the grantee institution or organization.
Each such grant shall be made under such conditions as the
Administrator shall determine to be required to ensure that
the United States will receive therefrom benefits adequate to
justify the making of that grant.
SEC. 232. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts,
appropriations authorized under chapter 1 may remain
available without fiscal year limitation.
SEC. 233. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.
(a) In General.--Appropriations authorized under any
paragraph of section 211(6) or 213(3)--
(1) may be varied upward by 10 percent in the discretion of
the Administrator; or
(2) may be varied upward by 25 percent, to meet unusual
cost variations, after the expiration of 15 days following a
report on the circumstances of such action by the
Administrator to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
The aggregate amount authorized to be appropriated under
sections 211(6) and 213(3) shall not be increased as a result
of actions authorized under paragraphs (1) and (2) of this
subsection.
(b) Special Rule.--Where the Administrator determines that
new developments in the national program of aeronautical and
space activities have occurred; and that such developments
require the use of additional funds for the purposes of
construction, expansion, or modification of facilities at any
location; and that deferral of such action until the
enactment of the next National Aeronautics and Space
Administration Authorization Act would be inconsistent with
the interest of the Nation in aeronautical and space
activities, the Administrator may use up to $10,000,000 of
the amounts authorized under section 211(6) or 213(3) for
each fiscal year for such purposes. No such funds may be
obligated until a period of 30 days has passed after the
Administrator has
[[Page H5621]]
transmitted to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science of
the House of Representatives a written report describing the
nature of the construction, its costs, and the reasons
therefor.
SEC. 234. CONSIDERATION BY COMMITTEES.
Notwithstanding any other provision of law--
(1) no amount appropriated to the National Aeronautics and
Space Administration may be used for any program for which
the President's annual budget request included a request for
funding, but for which the Congress denied or did not provide
funding;
(2) no amount appropriated to the National Aeronautics and
Space Administration may be used for any program in excess of
the amount actually authorized for the particular program
under this subtitle; and
(3) no amount appropriated to the National Aeronautics and
Space Administration may be used for any program which has
not been presented to the Congress in the President's annual
budget request or the supporting and ancillary documents
thereto,
unless a period of 30 days has passed after the receipt by
the Committee on Science of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate of notice given by the Administrator containing a full
and complete statement of the action proposed to be taken and
the facts and circumstances relied upon in support of such
proposed action. The National Aeronautics and Space
Administration shall keep the Committee on Science of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate fully and currently
informed with respect to all activities and responsibilities
within the jurisdiction of those committees. Except as
otherwise provided by law, any Federal department, agency, or
independent establishment shall furnish any information
requested by either committee relating to any such activity
or responsibility.
SEC. 235. LIMITATION ON OBLIGATION OF UNAUTHORIZED
APPROPRIATIONS.
(a) Reports to Congress.--Not later than 30 days after the
later of the date of enactment of an Act making
appropriations to the National Aeronautics and Space
Administration for fiscal year 1997 and the date of enactment
of this Act, the Administrator shall submit a report to
Congress and to the Comptroller General which specifies--
(1) the portion of such appropriations which are for
programs, projects, or activities not authorized under
chapter 1 of this subtitle, or which are in excess of amounts
authorized for the relevant program, project, or activity
under this title; and
(2) the portion of such appropriations which are authorized
under this title.
(b) Federal Register Notice.--The Administrator shall,
coincident with the submission of the report required by
subsection (a), publish in the Federal Register a notice of
all programs, projects, or activities for which funds are
appropriated but which were not authorized under this title,
and solicit public comment thereon regarding the impact of
such programs, projects, or activities on the conduct and
effectiveness of the national aeronautics and space program.
(c) Limitation.--Notwithstanding any other provision of
law, no funds may be obligated for any programs, projects, or
activities of the National Aeronautics and Space
Administration for fiscal year 1997 not authorized under this
title until 30 days have passed after the close of the public
comment period contained in the notice required in subsection
(b).
SEC. 236. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR
EXTRAORDINARY EXPENSES.
Not more than $30,000 of the funds appropriated under
section 212 may be used for scientific consultations or
extraordinary expenses, upon the authority of the
Administrator.
Subtitle C--International Space Station
SEC. 241. FINDINGS.
The Congress finds that--
(1) the development, assembly, and operation of the
International Space Station is in the national interest of
the United States;
(2) the National Aeronautics and Space Administration has
restructured and redesigned the International Space Station,
consolidated contract responsibility, and achieved program
management, control, and stability;
(3) the significant involvement by private ventures in
marketing and using, competitively servicing, and
commercially augmenting the operational capabilities of the
International Space Station during its assembly and
operational phases will lower costs and increase benefits to
the international partners;
(4) further rescoping or redesigns of the International
Space Station will lead to costly delays, increase costs to
its international partners, discourage commercial
involvement, and weaken the international space partnership
necessary for future space projects;
(5) total program costs for development, assembly, and
initial operations have been identified and capped to ensure
financial discipline and maintain program schedule
milestones;
(6) in order to contain costs, mission planning and
engineering functions of the National Space Transportation
System (Space Shuttle) program should be coordinated with the
Space Station Program Office;
(7) the International Space Station represents an important
component of an adequately funded civil space program which
balances human space flight with science, aeronautics, and
technology;
(8) the International Space Station should be an
inspiration to society, particularly our young people, and
should provide new and expanded opportunities to meet
important educational goals; and
(9) when completed, the International Space Station will be
the largest, most capable microgravity research facility ever
developed. It will provide a lasting framework for conducting
large-scale science programs with international partners and
it is the next step in the human exploration of space. The
United States should commit to completing this program,
thereby reaping the benefits of scientific research and
international cooperation.
SEC. 242. COMMERCIALIZATION OF SPACE STATION.
(a) Policy.--The Congress declares that a priority goal of
constructing the International Space Station is the economic
development of Earth orbital space. The Congress further
declares that the use of free market principles in operating,
allocating the use of, and adding capabilities to the Space
Station, and the resulting fullest possible engagement of
commercial providers and participation of commercial users,
will reduce Space Station operational costs for all partners
and the Federal Government's share of the United States
burden to fund operations.
(b) Report.--The Administrator shall deliver to the
Congress, within 60 days after the date of the enactment of
this Act, a market study that examines the role of commercial
ventures which could supply, use, service, or augment the
International Space Station, the specific policies and
initiatives the Administrator is advancing to encourage these
commercial opportunities, the cost savings to be realized by
the international partnership from applying commercial
approaches to cost-shared operations, and the cost
reimbursements to the United States Federal Government from
commercial users of the Space Station.
SEC. 243. SENSE OF CONGRESS.
It is the sense of Congress that the ``cost incentive fee''
single prime contract negotiated by the National Aeronautics
and Space Administration for the International Space Station,
and the consolidation of programmatic and financial
accountability into a single Space Station Program Office,
are two examples of reforms for the reinvention of all
National Aeronautics and Space Administration programs that
should be applied as widely and as quickly as possible
throughout the Nation's civil space program.
SEC. 244. SPACE STATION ACCOUNTING REPORT.
(a) Annual Report to the Congress.--The Administrator shall
transmit a report to the Congress each year containing a
complete accounting of all costs of the space station,
including cash and other payments to Russia.
(b) Quarterly Reports From Russia.--The Administrator shall
obtain quarterly reports from the Russian Space Agency during
the term of the contract between the Russian Space Agency and
the National Aeronautics and Space Administration which fully
account for the disposition of funds paid or transferred by
the National Aeronautics and Space Administration to Russia,
including--
(1) the amount of funds received from the National
Aeronautics and Space Administration and the date of their
receipt;
(2) the amount of funds converted from United States
currency by the Russian Space Agency, the currency into which
the funds have been converted, and the dates and exchange
rates of each such conversion;
(3) the amount of non-United States currency, and of United
States currency, disbursed by the Russian Space Agency to any
contractor or subcontractor, the identity of such contractor
or subcontractor, and the date on which the funds were
disbursed; and
(4) the balance of the funds provided by the National
Aeronautics and Space Administration which have not been
disbursed by the Russian Space Agency as of the date of the
report.
Subtitle D--Miscellaneous Provisions
SEC. 251. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) Amendments.--Chapter 701 of title 49, United States
Code, is amended--
(1) in the table of sections--
(A) by amending the item relating to section 70104 to read
as follows:
``70104. Restrictions on launches, operations, and reentries.'';
(B) by amending the item relating to section 70108 to read
as follows:
``70108. Prohibition, suspension, and end of launches, operation of
launch sites and reentry sites, and reentries.'';
and
(C) by amending the item relating to section 70109 to read
as follows:
``70109. Preemption of scheduled launches or reentries.'';
(2) in section 70101--
(A) by inserting ``microgravity research,'' after
``information services,'' in subsection (a)(3);
(B) by inserting ``, reentry,'' after ``launching'' both
places it appears in subsection (a)(4);
[[Page H5622]]
(C) by inserting ``, reentry vehicles,'' after ``launch
vehicles'' in subsection (a)(5);
(D) by inserting ``and reentry services'' after ``launch
services'' in subsection (a)(6);
(E) by inserting ``, reentries,'' after ``launches'' both
places it appears in subsection (a)(7);
(F) by inserting ``, reentry sites,'' after ``launch
sites'' in subsection (a)(8);
(G) by inserting ``and reentry services'' after ``launch
services'' in subsection (a)(8);
(H) by inserting ``reentry sites,'' after ``launch sites,''
in subsection (a)(9);
(I) by inserting ``and reentry site'' after ``launch site''
in subsection (a)(9);
(J) by inserting ``reentry vehicles,'' after ``launch
vehicles'' in subsection (b)(2);
(K) by striking ``launch'' in subsection (b)(2)(A);
(L) by inserting ``and reentry'' after ``commercial
launch'' in subsection (b)(3);
(M) by striking ``launch'' after ``and transfer
commercial'' in subsection (b)(3); and
(N) by inserting ``and development of reentry sites,''
after ``launch-site support facilities,'' in subsection
(b)(4);
(3) in section 70102--
(A) by striking ``and any payload'' and inserting in lieu
thereof ``or reentry vehicle and any payload from Earth'' in
paragraph (3);
(B) by inserting ``or reentry vehicle'' after ``means of a
launch vehicle'' in paragraph (8);
(C) by redesignating paragraphs (10) through (12) as
paragraphs (14) through (16), respectively;
(D) by inserting after paragraph (9) the following new
paragraphs:
``(10) `reenter' and `reentry' mean to return or attempt to
return, purposefully, a reentry vehicle and its payload, if
any, from Earth orbit or from outer space to Earth.
``(11) `reentry services' means--
``(A) activities involved in the preparation of a reentry
vehicle and its payload, if any, for reentry; and
``(B) the conduct of a reentry.
``(12) `reentry site' means the location on Earth to which
a reentry vehicle is intended to return (as defined in a
license the Secretary issues or transfers under this
chapter).
``(13) `reentry vehicle' means a vehicle designed to return
from Earth orbit or outer space to Earth, or a reusable
launch vehicle designed to return from outer space
substantially intact.''; and
(E) by inserting ``or reentry services'' after ``launch
services'' each place it appears in paragraph (15), as so
redesignated by subparagraph (C) of this paragraph;
(4) in section 70103(b)--
(A) by inserting ``and Reentries'' after ``Launches'' in
the subsection heading;
(B) by inserting ``and reentries'' after ``space launches''
in paragraph (1); and
(C) by inserting ``and reentry'' after ``space launch'' in
paragraph (2);
(5) in section 70104--
(A) by amending the section designation and heading to read
as follows:
``Sec. 70104. Restrictions on launches, operations, and
reentries'';
(B) by inserting ``or reentry site, or to reenter a reentry
vehicle,'' after ``operate a launch site'' each place it
appears in subsection (a);
(C) by inserting ``or reentry'' after ``launch or
operation'' in subsection (a)(3) and (4);
(D) in subsection (b)--
(i) by striking ``launch license'' and inserting in lieu
thereof ``license'';
(ii) by inserting ``or reenter'' after ``may launch''; and
(iii) by inserting ``or reentering'' after ``related to
launching''; and
(E) in subsection (c)--
(i) by amending the subsection heading to read as follows:
``Preventing Launches and Reentries.--'';
(ii) by inserting ``or reentry'' after ``prevent the
launch''; and
(iii) by inserting ``or reentry'' after ``decides the
launch'';
(6) in section 70105--
(A) by inserting ``or a reentry site, or the reentry of a
reentry vehicle,'' after ``operation of a launch site'' in
subsection (b)(1); and
(B) by striking ``or operation'' and inserting in lieu
thereof ``, operation, or reentry'' in subsection (b)(2)(A);
(7) in section 70106(a)--
(A) by inserting ``or reentry site'' after ``observer at a
launch site'';
(B) by inserting ``or reentry vehicle'' after ``assemble a
launch vehicle''; and
(C) by inserting ``or reentry vehicle'' after ``with a
launch vehicle'';
(8) in section 70108--
(A) by amending the section designation and heading to read
as follows:
``Sec. 70108. Prohibition, suspension, and end of launches,
operation of launch sites and reentry sites, and
reentries'';
and
(B) in subsection (a)--
(i) by inserting ``or reentry site, or reentry of a reentry
vehicle,'' after ``operation of a launch site''; and
(ii) by inserting ``or reentry'' after ``launch or
operation'';
(9) in section 70109--
(A) by amending the section designation and heading to read
as follows:
``Sec. 70109. Preemption of scheduled launches or
reentries'';
(B) in subsection (a)--
(i) by inserting ``or reentry'' after ``ensure that a
launch'';
(ii) by inserting ``, reentry site,'' after ``United States
Government launch site'';
(iii) by inserting ``or reentry date commitment'' after
``launch date commitment'';
(iv) by inserting ``or reentry'' after ``obtained for a
launch'';
(v) by inserting ``, reentry site,'' after ``access to a
launch site'';
(vi) by inserting ``, or services related to a reentry,''
after ``amount for launch services''; and
(vii) by inserting ``or reentry'' after ``the scheduled
launch''; and
(C) in subsection (c), by inserting ``or reentry'' after
``prompt launching'';
(10) in section 70110--
(A) by inserting ``or reentry'' after ``prevent the
launch'' in subsection (a)(2); and
(B) by inserting ``or reentry site, or reentry of a reentry
vehicle,'' after ``operation of a launch site'' in subsection
(a)(3)(B);
(11) in section 70111--
(A) by inserting ``or reentry'' after ``launch'' in
subsection (a)(1)(A);
(B) by inserting ``and reentry services'' after ``launch
services'' in subsection (a)(1)(B);
(C) by inserting ``or reentry services'' after ``or launch
services'' in subsection (a)(2);
(D) by inserting ``or reentry'' after ``commercial launch''
both places it appears in subsection (b)(1);
(E) by inserting ``or reentry services'' after ``launch
services'' in subsection (b)(2)(C);
(F) by striking ``or its payload for launch'' in subsection
(d) and inserting in lieu thereof ``or reentry vehicle, or
the payload of either, for launch or reentry''; and
(G) by inserting ``, reentry vehicle,'' after
``manufacturer of the launch vehicle'' in subsection (d);
(12) in section 70112--
(A) by inserting ``or reentry'' after ``one launch'' in
subsection (a)(3);
(B) by inserting ``or reentry services'' after ``launch
services'' in subsection (a)(4);
(C) by inserting ``or reentry services'' after ``launch
services'' each place it appears in subsection (b);
(D) by inserting ``applicable'' after ``carried out under
the'' in paragraphs (1) and (2) of subsection (b);
(E) by striking ``, Space, and Technology'' in subsection
(d)(1);
(F) by inserting ``or Reentries'' after ``Launches'' in the
heading for subsection (e); and
(G) by inserting ``or reentry site or a reentry'' after
``launch site'' in subsection (e);
(13) in section 70113(a)(1) and (d)(1) and (2), by
inserting ``or reentry'' after ``one launch'' each place it
appears;
(14) in section 70115(b)(1)(D)(i)--
(A) by inserting ``reentry site,'' after ``launch site,'';
and
(B) by inserting ``or reentry vehicle'' after ``launch
vehicle'' both places it appears; and
(15) in section 70117--
(A) by inserting ``or reentry site, or to reenter a reentry
vehicle'' after ``operate a launch site'' in subsection (a);
(B) by inserting ``or reentry'' after ``approval of a space
launch'' in subsection (d);
(C) by amending subsection (f) to read as follows:
``(f) Launch Not an Export; Reentry Not an Import.--A
launch vehicle, reentry vehicle, or payload that is launched
or reentered is not, because of the launch or reentry, an
export or import, respectively, for purposes of a law
controlling exports or imports.''; and
(D) in subsection (g)--
(i) by striking ``operation of a launch vehicle or launch
site,'' in paragraph (1) and inserting in lieu thereof
``reentry, operation of a launch vehicle or reentry vehicle,
or operation of a launch site or reentry site,''; and
(ii) by inserting ``reentry,'' after ``launch,'' in
paragraph (2).
(b) Additional Amendments.--(1) Section 70105 of title 49,
United States Code, is amended--
(A) by inserting ``(1)'' before ``A person may apply'' in
subsection (a);
(B) by striking ``receiving an application'' both places it
appears in subsection (a) and inserting in lieu thereof
``accepting an application in accordance with criteria
established pursuant to subsection (b)(2)(D)'';
(C) by adding at the end of subsection (a) the following
new paragraph:
``(2) In carrying out paragraph (1), the Secretary may
establish procedures for certification of the safety of a
launch vehicle, reentry vehicle, or safety system, procedure,
service, or personnel that may be used in conducting licensed
commercial space launch or reentry activities.'';
(D) by striking ``and'' at the end of subsection (b)(2)(B);
(E) by striking the period at the end of subsection
(b)(2)(C) and inserting in lieu thereof ``; and'';
(F) by adding at the end of subsection (b)(2) the following
new subparagraph:
``(D) regulations establishing criteria for accepting or
rejecting an application for a license under this chapter
within 60 days after receipt of such application.''; and
(G) by inserting ``, or the requirement to obtain a
license,'' after ``waive a requirement'' in subsection
(b)(3).
(2) The amendment made by paragraph (1)(B) shall take
effect upon the effective date of final regulations issued
pursuant to section 70105(b)(2)(D) of title 49, United States
Code, as added by paragraph (1)(F) of this subsection.
(3) Section 70102(5) of title 49, United States Code, is
amended--
[[Page H5623]]
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B), as so
redesignated by subparagraph (A) of this paragraph, the
following new subparagraph:
``(A) activities directly related to the preparation of a
launch site or payload facility for one or more launches;''.
(4) Section 70103(b) of title 49, United States Code, is
amended--
(A) in the subsection heading, as amended by subsection
(a)(4)(A) of this section, by inserting ``and State Sponsored
Spaceports'' after ``and Reentries''; and
(B) in paragraph (1), by inserting ``and State sponsored
spaceports'' after ``private sector''.
(5) Section 70105(a)(1) of title 49, United States Code, as
amended by subsection (b)(1) of this section, is amended by
inserting at the end the following: ``The Secretary shall
submit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a written notice not later than
7 days after any occurrence when a license is not issued
within the deadline established by this subsection.''.
(6) Section 70111 of title 49, United States Code, is
amended--
(A) in subsection (a)(1), by inserting after subparagraph
(B) the following:
``The Secretary shall establish criteria and procedures for
determining the priority of competing requests from the
private sector and State governments for property and
services under this section.'';
(B) by striking ``actual costs'' in subsection (b)(1) and
inserting in lieu thereof ``additive costs only''; and
(C) by inserting after subsection (b)(2) the following new
paragraph:
``(3) The Secretary shall ensure the establishment of
uniform guidelines for, and consistent implementation of,
this section by all Federal agencies.''.
(7) Section 70112 of title 49, United States Code, is
amended--
(A) in subsection (a)(1), by inserting ``launch, reentry,
or site operator'' after ``(1) When a'';
(B) in subsection (b)(1), by inserting ``launch, reentry,
or site operator'' after ``(1)A''; and
(C) in subsection (f), by inserting ``launch, reentry, or
site operator'' after ``carried out under a''.
(c) Regulations.--(1) Chapter 701 of title 49, United
States Code, is amended by adding at the end the following
new section:
``Sec. 70120. Regulations
``The Secretary of Transportation, within 6 months after
the date of the enactment of this section, shall issue
regulations to carry out this chapter that include--
``(1) guidelines for industry to obtain sufficient
insurance coverage for potential damages to third parties;
``(2) procedures for requesting and obtaining licenses to
operate a commercial launch vehicle and reentry vehicle;
``(3) procedures for requesting and obtaining operator
licenses for launch and reentry; and
``(4) procedures for the application of government
indemnification.''.
(2) The table of sections for such chapter 701 is amended
by adding after the item relating to section 70119 the
following new item:
``70120. Regulations.''.
(d) Report to Congress.--(1) Chapter 701 of title 49,
United States Code, is further amended by adding at the end
the following new section:
``Sec. 70121. Report to Congress
``The Secretary of Transportation shall submit to Congress
an annual report to accompany the President's budget request
that--
``(1) describes all activities undertaken under this
chapter, including a description of the process for the
application for and approval of licenses under this chapter
and recommendations for legislation that may further
commercial launches and reentries; and
``(2) reviews the performance of the regulatory activities
and the effectiveness of the Office of Commercial Space
Transportation.''.
(2) The table of sections for such chapter 701 is further
amended by adding after the item relating to section 70120,
as added by subsection (c)(2) of this section, the following
new item:
``70121. Report to Congress.''.
SEC. 252. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.
Before any funds may be obligated for Phase C of a project
that is projected to cost more than $75,000,000 in total
project costs, the Chief Financial Officer for the National
Aeronautics and Space Administration shall conduct an
independent cost analysis of such project and shall report
the results to Congress. In developing cost accounting and
reporting standards for carrying out this section, the Chief
Financial Officer shall, to the extent practicable and
consistent with other laws, solicit the advice of expertise
outside of the National Aeronautics and Space Administration.
SEC. 253. OFFICE OF SPACE COMMERCE.
(a) Establishment.--There is established within the
Department of Commerce an Office of Space Commerce.
(b) Functions.--The Office of Space Commerce shall be the
principal unit for the coordination of space-related issues,
programs, and initiatives within the Department of Commerce.
The Office's primary responsibilities shall include--
(1) promoting private sector investment in space activities
by collecting, analyzing, and disseminating information on
space markets, and conducting workshops and seminars to
increase awareness of commercial space opportunities;
(2) assisting United States commercial providers in their
efforts to do business with the United States Government, and
acting as an industry advocate within the executive branch to
ensure that the Federal Government meets its space-related
requirement, to the fullest extent feasible, with
commercially available space goods and services;
(3) ensuring that the United States Government does not
compete with the private sector in the provision of space
hardware and services otherwise available from the private
sector;
(4) promoting the export of space-related goods and
services;
(5) representing the Department of Commerce in the
development of United States policies and in negotiations
with foreign countries to ensure free and fair trade
internationally in the area of space commerce;
(6) seeking the removal of legal, policy, and institutional
impediments to space commerce; and
(7) licensing private sector parties to operate private
remote sensing space systems and supporting the private
sector's role in the commercial development of Landsat remote
sensing data distribution.
SEC. 254. NATIONAL AERONAUTICS AND SPACE ACT OF 1958
AMENDMENTS.
(a) Declaration of Policy and Purpose.--Section 102 of the
National Aeronautics and Space Act of 1958 (42 U.S.C. 2451)
is amended--
(1) by striking subsection (f) and redesignating
subsections (g) and (h) as subsections (f) and (g),
respectively; and
(2) in subsection (g), as so redesignated by paragraph (1)
of this subsection, by striking ``(f), and (g)'' and
inserting in lieu thereof ``and (f)''.
(b) Reports to the Congress.--Section 206(a) of the
National Aeronautics and Space Act of 1958 (42 U.S.C.
2476(a)) is amended--
(1) by striking ``January'' and inserting in lieu thereof
``May''; and
(2) by striking ``calendar'' and inserting in lieu thereof
``fiscal''.
(c) Disclosure of Technical Data.--Section 303 of the
National Aeronautics and Space Act of 1958 (42 U.S.C. 2454)
is amended--
(1) in subsection (a)(C), by inserting ``or (c)'' after
``subsection (b)''; and
(2) by adding at the end the following new subsection:
``(c)(1) The Administrator, at his discretion or at the
request of a private sector entity, shall delay for a period
of at least one day, but not to exceed 5 years, the
unrestricted public disclosure of technical data in the
possession of, or under the control of, the Administration
that has been generated in the performance of experimental,
developmental, or research activities or programs funded
jointly by the Administration and such private sector entity.
``(2) Within 1 year after the date of the enactment of the
National Aeronautics and Space Administration Authorization
Act, Fiscal Year 1997, the Administrator shall issue
regulations to carry out this subsection. Paragraph (1) shall
not take effect until such regulations are issued.
``(3) Regulations issued pursuant to paragraph (2) shall
include--
``(A) guidelines for a determination of whether data is
technical data within the meaning of this subsection;
``(B) provisions to ensure that technical data is available
for dissemination within the United States to United States
persons and entities in furtherance of the objective of
maintaining leadership or competitiveness in civil and
governmental aeronautical and space activities by the United
States industrial base; and
``(C) a specification of the period or periods for which
the delay in unrestricted public disclosure of technical data
is to apply to various categories of such data, and the
restrictions on disclosure of such data during such period or
periods, including a requirement that the maximum 5-year
protection under this subsection shall not be provided unless
at least 50 percent of the funding for the activities or
programs is provided by the private sector.
``(4) The Administrator shall annually report to the
Congress all determinations made under paragraph (1).
``(5) For purposes of this subsection, the term `technical
data' means any recorded information, including computer
software, that is or may be directly applicable to the
design, engineering, development, production, manufacture, or
operation of products or processes that may have significant
value in maintaining leadership or competitiveness in civil
and governmental aeronautical and space activities by the
United States industrial base.''.
SEC. 255. PROCUREMENT.
(a) Procurement Demonstration Program.--
(1) In general.--The Administrator shall establish within
the Office of Space Access and Technology a program of
expedited technology procurement for the purpose of
demonstrating how innovative technology concepts can rapidly
be brought to bear upon
[[Page H5624]]
space missions of the National Aeronautics and Space
Administration.
(2) Procedures and evaluation.--The Administrator shall
establish procedures for actively seeking from persons
outside the National Aeronautics and Space Administration
innovative technology concepts, relating to the provision of
space hardware, technology, or service to the National
Aeronautics and Space Administration.
(3) Requirement.--At least 1 percent of amounts authorized
to be appropriated under section 212(4) shall be used for
innovative technology procurements that are determined under
paragraph (2) of this subsection to meet mission
requirements.
(4) Special authority.--In order to carry out this
subsection the Administrator shall recruit and hire for
limited term appointments persons from outside the National
Aeronautics and Space Administration with special expertise
and experience related to the innovative technology concepts
with respect to which procurements are made under this
subsection.
(5) Sunset.--This subsection shall cease to be effective 10
years after the date of its enactment.
(b) Technology Procurement Initiative.--
(1) In general.--The Administrator shall coordinate
National Aeronautics and Space Administration resources in
the areas of procurement, commercial programs, and advanced
technology in order to--
(A) fairly assess and procure commercially available
technology from the marketplace in the most efficient manner
practicable;
(B) achieve a continuous pattern of integrating advanced
technology from the commercial sector, and from Federal
sources outside the National Aeronautics and Space
Administration, into the missions and programs of the
National Aeronautics and Space Administration;
(C) incorporate private sector buying and bidding
procedures, including fixed price contracts, into
procurements; and
(D) provide incentives for cost-plus contractors of the
National Aeronautics and Space Administration to integrate
commercially available technology in subsystem contracts on a
fixed-price basis.
(2) Certification.--Upon solicitation of any procurement
for space hardware, technology, or services that are not
commercially available, the Administrator shall certify, by
publication of a notice and opportunity to comment in the
Commerce Business Daily, for each such procurement action,
that no functional equivalent, commercially, available space
hardware, technology, or service exists and that no
commercial method of procurement in available.
SEC. 256. ADDITIONAL NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION FACILITIES.
The Administrator shall not construct or enter into a new
lease for facilities to support National Aeronautics and
Space Administration programs unless the Administrator
notifies the Congress that the Administrator reviewed
existing National Aeronautics and Space Administration and
other federally owned facilities, including military
facilities scheduled for closing or reduction, and found no
such facilities appropriate for the intended use.
SEC. 257. PURCHASE OF SPACE SCIENCE DATA.
(a) In General.--To the maximum extent possible, the
National Aeronautics and Space Administration shall, where
cost effective, purchase space science data from the United
States private sector. Examples of such data include
scientific data concerning the elemental and mineralogical
resources of the moon and the planets, Earth environmental
data obtained through remote sensing observations, and solar
storm monitoring.
(b) Competitive Bidding.--(1) Contracts for the purchase of
space data under this section shall be awarded in a process
of full, fair, and open competitive bidding.
(2) Submission of cost data, either for the purposes of
supporting the bid or fulfilling the terms of the contract,
shall not be required of bidders or awardees of the contract.
(3) Reasonable performance specifications, rather than
design or construction specifications, shall be used to the
maximum extent feasible to define requirements for United
States private sector providers with respect to the design,
construction, or operation of equipment used in obtaining
space science data under contracts entered into under this
section. This subsection shall not be construed to prohibit
the Federal Government from requiring compliance with
applicable safety standards.
(4) Contracts under this section shall not provide for the
Federal Government to obtain ownership of data not
specifically sought by the Federal Government.
SEC. 258. PLAN FOR MISSION TO PLANET EARTH.
(a) Requirement.--The Administrator shall, within 6 months
after the date of the enactment of this Act, transmit to the
Congress a report containing a plan for Mission to Planet
Earth.
(b) Contents.--The report required by subsection (a) shall
include--
(1) an analysis of Earth observation systems of other
countries and the ways in which the United States could
benefit from such systems, including by eliminating
duplication of effort;
(2) an analysis of how the Department of Defense's airborne
and space sensor programs could be used in Mission to Planet
Earth;
(3) a plan for infusing advanced technology into the
Mission to Planet Earth program, including milestones and an
identification of available resources;
(4) a plan to solicit proposals from the private sector on
how to innovatively accomplish the most critical research on
global climate change;
(5) an integrated plan for research in the Scientific
Research and Mission to Planet Earth enterprises described in
the National Aeronautics and Space Administration Strategic
Plan issued in May, 1994;
(6) a plan for developing metrics and milestones to
quantify the performance of work on Mission to Planet Earth;
and
(7) a plan for the role, structure, and operation of the
Earth Observing Satellite Data Information System.
SEC. 259. ACQUISITION OF EARTH REMOTE SENSING DATA.
(a) Acquisition.--To the maximum extent possible, the
Administrator shall, where cost effective, acquire space-
based and airborne Earth remote sensing data, services,
distribution, and applications provided by the United States
private sector to meet Government goals for Mission to Planet
Earth.
(b) Study.--(1) The Administrator shall conduct a study to
determine the extent to which the baseline scientific
requirements of Mission to Planet Earth can be met by the
private sector, and how the National Aeronautics and Space
Administration will meet such requirements which cannot be
met by the private sector.
(2) The study conducted under this subsection shall--
(A) make recommendations to promote the availability of
information from the National Aeronautics and Space
Administration to the private sector to enable the private
sector to better meet the baseline scientific requirements of
Mission to Planet Earth;
(B) determine and prioritize the appropriate baseline
scientific requirements for Mission to Planet Earth, and
reevaluate, scientifically justify, and prioritize the data
sets necessary to fulfill those baseline scientific
requirements;
(C) make recommendations to promote the dissemination to
the private sector of information on advanced technology
research and development performed by or for the National
Aeronautics and Space Administration; and
(D) identify policy, regulatory, and legislative barriers
to the implementation of the recommendations made under this
subsection.
(3) The results of the study conducted under this
subsection shall be transmitted to the Congress within 6
months after the date of the enactment of this Act.
(c) Administration.--This section shall be carried out as
part of the Commercial Remote Sensing Program at the Stennis
Space Center.
SEC. 260. SHUTTLE PRIVATIZATION.
(a) Policy and Preparation.--The Administrator shall
prepare for an orderly transition from the Federal operation,
or Federal management of contracted operation, of space
transportation systems to the Federal purchase of commercial
space transportation services for all nonemergency launch
requirements, including human, cargo, and mixed payloads. In
those preparations, the Administrator shall take into account
the need for short-term economies, as well as the goal of
restoring the National Aeronautics and Space Administration's
research focus and its mandate to promote the fullest
possible commercial use of space. As part of those
preparations, the Administrator shall plan for the potential
privatization of the Space Shuttle program after the year
2012. Such plan shall keep safety and cost effectiveness as
high priorities. Nothing in this section shall prohibit the
National Aeronautics and Space Administration from studying,
designing, developing, or funding upgrades or modifications
essential to the safe and economical operation of the Space
Shuttle fleet.
(b) Safe Operation.--In reviewing proposals for moving to a
single prime contractor the Administrator shall give priority
to continued safe operation of space transportation systems.
(c) Feasibility Study.--The Administrator shall conduct a
study of the feasibility of implementing the recommendation
of the Independent Shuttle Management Review Team that the
National Aeronautics and Space Administration transition
toward the privatization of the Space Shuttle. The study
shall identify, discuss, and, where possible, present options
for resolving, the major policy and legal issues that must be
addressed before the Space Shuttle is privatized, including--
(1) whether the Federal Government or the Space Shuttle
contractor should own the Space Shuttle orbiters and ground
facilities;
(2) whether the Federal Government should indemnify the
contractor for any third party liability arising from Space
Shuttle operations, and, if so, under what terms and
conditions;
(3) whether payloads other than National Aeronautics and
Space Administration payloads should be allowed to be
launched on the Space Shuttle, how missions will be
prioritized, and who will decide which mission flies and
when;
(4) whether commercial payloads should be allowed to be
launched on the Space Shuttle and whether any classes of
payloads should be made ineligible for launch consideration;
(5) whether National Aeronautics and Space Administration
and other Federal Government payloads should have priority
[[Page H5625]]
over non-Federal payloads in the Space Shuttle launch
assignments, and what policies should be developed to
prioritize among payloads generally;
(6) whether the public interest requires that certain Space
Shuttle functions continue to be performed by the Federal
Government; and
(7) how much cost savings, if any, will be generated by
privatization of the Space Shuttle.
(d) Report to Congress.--Within 60 days after the date of
the enactment of this Act, the National Aeronautics and Space
Administration shall complete the study required under
subsection (c) and shall submit a report on the study to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science of the House of
Representatives.
SEC. 261. LAUNCH VOUCHER DEMONSTRATION PROGRAM AMENDMENTS.
Section 504 of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1993 (15 U.S.C.
5803) is amended--
(1) in subsection (a)--
(A) by striking ``the Office of Commercial Programs
within''; and
(B) by striking ``Such program shall not be effective after
September 30, 1995.'';
(2) by striking subsection (c); and
(3) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 262. PRIVATIZATION OF MICROGRAVITY PARABOLIC FLIGHT
OPERATIONS.
(a) Finding.--The Congress finds that no national security
or mission critical justification exists for the National
Aeronautics and Space Administration to maintain its own
fleet of aircraft to provide a short duration microgravity
environment via parabolic flight.
(b) Privatization of Flight Operations.--(1) The
Administrator shall privatize all parabolic flight aircraft
operations conducted by or for the National Aeronautics and
Space Administration in support of microgravity research,
astronaut training, and other functions, whose total cost can
be reduced through issuance of one or more long-term,
renewable, block purchase contracts for the performance of
such operations by United States commercial sector providers.
(2) Within 90 days after the date of the enactment of this
Act, the Administrator shall issue a request for proposals to
provide services which meet all or part of the microgravity
flight needs of the National Aeronautics and Space
Administration, as described in paragraph (1) at a net
savings to the United States Government. The Administrator
shall coordinate the process of review of such proposals, and
shall oversee the transfer of such operations to the
commercial sector as specified in paragraph (3).
(3) Within 6 months after the issuance of a request for
proposals under paragraph (2), the Administrator shall, where
cost effective, award one or more contracts for microgravity
parabolic flight services to a microgravity flight provider
that is certified by the Federal Aviation Administration.
Except as provided in paragraph (4), the Administrator shall
cease all National Aeronautics and Space Administration-
operated parabolic aircraft flights, and shall thereafter
procure all microgravity parabolic flight services from
commercial sector providers. National Aeronautics and Space
Administration experimenters, and National Aeronautics and
Space Administration-funded experimenters, who would
otherwise use National Aeronautics and Space Administration-
owned or operated microgravity parabolic flight aircraft,
shall be issued vouchers for the procurement of microgravity
parabolic flight services from the commercial sector.
(4) The Administrator may, as necessary to ensure the
continuity of National Aeronautics and Space Administration
operations, continue to operate parabolic aircraft flights
for up to 3 months after a contract is awarded under
paragraph (3). If the Administrator continues operations
pursuant to this paragraph, the Administrator shall
concurrently transmit to the Congress an explanation of the
reasons for such action.
(5) Six months after the National Aeronautics and Space
Administration ceases all parabolic aircraft flights under
paragraph (3), the Administrator shall transmit a report to
Congress on the effectiveness of privatization under this
section.
SEC. 263. UNITARY WIND TUNNEL PLAN ACT OF 1949 AMENDMENTS.
The Unitary Wind Tunnel Plan Act of 1949 is amended--
(1) in section 101 (50 U.S.C. 511) by striking ``transsonic
and supersonic'' and inserting in lieu thereof ``transonic,
supersonic, and hypersonic''; and
(2) in section 103 (50 U.S.C. 513)--
(A) by striking ``laboratories'' in subsection (a) and
inserting in lieu thereof ``laboratories and centers'';
(B) by striking ``supersonic'' in subsection (a) and
inserting in lieu thereof ``transonic, supersonic, and
hypersonic''; and
(C) by striking ``laboratory'' in subsection (c) and
inserting in lieu thereof ``facility''.
SEC. 264. USE OF ABANDONED AND UNDERUTILIZED BUILDINGS,
GROUNDS, AND FACILITIES.
(a) In General.--In meeting the needs of the National
Aeronautics and Space Administration for additional
facilities, the Administrator, whenever feasible, shall
select abandoned and underutilized buildings, grounds, and
facilities in depressed communities that can be converted to
National Aeronautics and Space Administration facilities at a
reasonable cost, as determined by the Administrator.
(b) Definitions.--For purposes of this section, the term
``depressed communities'' means rural and urban communities
that are relatively depressed, in terms of age of housing,
extent of poverty, growth of per capita income, extent of
unemployment, job lag, or surplus labor.
SEC. 265. COST EFFECTIVENESS CALCULATIONS.
In calculating the cost effectiveness of the cost of the
National Aeronautics and Space Administration engaging in an
activity as compared to the private sector, the comparison
shall be made based only on the price the private sector
provider will charge for such activity.
SEC. 266. PROCUREMENT OMBUDSMAN.
(a) Establishment.--The Administrator shall establish the
position of Procurement Ombudsman for the National
Aeronautics and Space Administration.
(b) Functions.--The Procurement Ombudsman shall--
(1) be responsible, in consultation with the Office of
Procurement, for reviewing proposed new missions for the
National Aeronautics and Space Administration to determine if
such missions, or elements thereof, can be fulfilled by
United States commercial providers; and
(2) serve as a point of contact for--
(A) persons with whom the National Aeronautics and Space
Administration has entered into a procurement contract, with
respect to concerns of those persons about that contract; and
(B) United States commercial providers, with respect to
issues relating to competition between those providers and
the Federal Government.
(c) Reports to Congress.--The Procurement Ombudsman shall
annually, in conjunction with the President's annual budget
request, transmit a report to Congress describing the
activities of the Ombudsman during the previous year.
SEC. 267. AUTHORITY TO REDUCE OR SUSPEND CONTRACT PAYMENTS
BASED ON SUBSTANTIAL EVIDENCE OF FRAUD.
Section 2307(h)(8) of title 10, United States Code, is
amended by striking ``and (4)'' and inserting in lieu thereof
``(4), and (6)''.
Mr. WALKER. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly the Committee rose; and the Speaker pro tempore (Mr.
Kingston) having assumed the chair, Mr. Burton of Indiana, Chairman of
the Committee of the Whole House on the State of the Union, reported
that that Committee, having had under consideration the bill (H.R.
3322) to authorize appropriations for fiscal year 1997 for civilian
science activities of the Federal Government, and for other purposes,
had come to no resolution thereon.
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