[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

[[Page H5615]]

     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

[[Page H5616]]

     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

[[Page H5617]]

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.

                          ____________________