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H.R. 3322 "Omnibus Civilian Science Authorization Act of 1996"
104th CONGRESS
2d Session
IN THE SENATE OF THE UNITED STATES
June 3, 1996
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
AN ACT
To authorize appropriations for fiscal year 1997 for civilian
science activities of the Federal Government, and for other purposes.
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Omnibus Civilian
Science Authorization Act of 1996'.
(b) TABLE OF CONTENTS-
Sec. 1. Short title; table of contents.
TITLE I--NATIONAL SCIENCE FOUNDATION
Sec. 101. Short title.
Sec. 102. Definitions.
SUBTITLE A--NATIONAL SCIENCE FOUNDATION AUTHORIZATION
Sec. 111. Authorization of appropriations.
Sec. 112. Proportional reduction of research and related activities
amounts.
Sec. 113. Consultation and representation expenses.
Sec. 114. Reprogramming.
SUBTITLE B--GENERAL PROVISIONS
Sec. 121. Annual report.
Sec. 122. National research facilities.
Sec. 123. Eligibility for research facility awards.
Sec. 124. Administrative amendments.
Sec. 125. Indirect costs.
Sec. 126. Financial disclosure.
Sec. 127. Educational leave of absence for active duty.
Sec. 128. Science Studies Institute.
Sec. 129. Educational impact.
Sec. 130. Divisions of the Foundation.
TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SUBTITLE A--GENERAL PROVISIONS
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
SUBTITLE B--AUTHORIZATION OF APPROPRIATIONS
CHAPTER 1--AUTHORIZATIONS
Sec. 211. Human space flight.
Sec. 212. Science, aeronautics, and technology.
Sec. 213. Mission support.
Sec. 214. Inspector General.
Sec. 215. Total authorization.
Sec. 216. Office of Commercial Space Transportation Authorization.
Sec. 217. Office of Space Commerce.
CHAPTER 2--RESTRUCTURING THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
Sec. 221. Findings.
Sec. 222. Restructuring reports.
CHAPTER 3--LIMITATIONS AND SPECIAL AUTHORITY
Sec. 231. Use of funds for construction.
Sec. 232. Availability of appropriated amounts.
Sec. 233. Reprogramming for construction of facilities.
Sec. 234. Consideration by committees.
Sec. 235. Limitation on obligation of unauthorized appropriations.
Sec. 236. Use of funds for scientific consultations or
extraordinary expenses.
SUBTITLE C--INTERNATIONAL SPACE STATION
Sec. 241. Findings.
Sec. 242. Commercialization of Space Station.
Sec. 243. Sense of Congress.
Sec. 244. Space Station accounting report.
SUBTITLE D--MISCELLANEOUS PROVISIONS
Sec. 251. Commercial space launch amendments.
Sec. 252. Requirement for independent cost analysis.
Sec. 253. Office of Space Commerce.
Sec. 254. National Aeronautics and Space Act of 1958 amendments.
Sec. 255. Procurement.
Sec. 256. Additional National Aeronautics and Space Administration
facilities.
Sec. 257. Purchase of space science data.
Sec. 258. Plan for Mission to Planet Earth.
Sec. 259. Acquisition of earth remote sensing data.
Sec. 260. Shuttle privatization.
Sec. 261. Launch voucher demonstration program amendments.
Sec. 262. Privatization of microgravity parabolic flight operations.
Sec. 263. Unitary Wind Tunnel Plan Act of 1949 amendments.
Sec. 264. Use of abandoned and underutilized buildings, grounds,
and facilities.
Sec. 265. Cost effectiveness calculations.
Sec. 266. Procurement ombudsman.
Sec. 267. Authority to reduce or suspend contract payments based on
substantial evidence of fraud.
TITLE III--UNITED STATES FIRE ADMINISTRATION
Sec. 301. Short title.
Sec. 302. Authorization of appropriations.
Sec. 303. Fire safety systems in Army housing.
Sec. 304. Successor fire safety standards.
Sec. 305. Termination or privatization of functions.
Sec. 306. Report on budgetary reduction.
TITLE IV--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Sec. 401. Short title.
Sec. 402. Definitions.
SUBTITLE A--ATMOSPHERIC, WEATHER, AND SATELLITE PROGRAMS
Sec. 411. National Weather Service.
Sec. 412. Atmospheric research.
Sec. 413. National Environmental Satellite, Data, and Information
Service.
SUBTITLE B--PROGRAM SUPPORT
Sec. 431. Program support.
SUBTITLE C--STREAMLINING OF OPERATIONS
Sec. 441. Programs.
Sec. 442. Reduction in travel budget.
SUBTITLE D--MISCELLANEOUS
Sec. 451. Weather data buoys.
Sec. 452. Duties of the National Weather Service.
TITLE V--ENVIRONMENTAL PROTECTION AGENCY
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Authorization of appropriations.
Sec. 504. Scientific research review.
Sec. 505. Graduate student fellowships.
Sec. 506. Science Advisory Board.
Sec. 507. Endocrine disrupter research planning.
TITLE VI--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Sec. 601. Authorization of appropriations.
TITLE VII--FEDERAL AVIATION ADMINISTRATION RESEARCH, ENGINEERING,
AND DEVELOPMENT
Sec. 701. Short title.
Sec. 702. Authorization of appropriations.
Sec. 703. Research priorities.
Sec. 704. Research Advisory Committee.
Sec. 705. National aviation research plan.
TITLE VIII--NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM
Sec. 801. Authorization of appropriations.
TITLE IX--MISCELLANEOUS
Sec. 901. Prohibition of lobbying activities.
Sec. 902. Limitation on appropriations.
Sec. 903. Eligibility for awards.
Sec. 904. Buy American.
Sec. 905. ROTC access to campuses.
Sec. 906. Recruiting on campus.
TITLE X--FURTHER AUTHORIZATIONS
Sec. 1001. Further authorizations.
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
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 $3,291,700,000 for fiscal year 1997, which shall be
available for the following categories:
(1) Research and Related Activities, $2,381,500,000.
(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) of this
section shall be available to not more than 6 directorates. No
funds appropriated under subsection (b) may be obligated or
expended by, for, or through a directorate if funds appropriated
under subsection (b) have been obligated or expended for 6 other
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) in section 4(g) (42 U.S.C. 1863(g)), by striking `the
appropriate rate provided for individuals in grade GS-18 of the
General Schedule under section 5332' and inserting in lieu
thereof `the maximum rate payable under section 5376';
(2) 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);
(3) 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.';
(4) in section 14(c) (42 U.S.C. 1873(c))--
(A) by striking `shall receive' and inserting in lieu
thereof `shall be entitled to receive';
(B) by inserting `, including traveltime,' after
`business of the Foundation'; and
(C) by striking `the rate specified for the daily rate
for grade GS-18 of the General Schedule under section 5332'
and inserting in lieu thereof `the maximum rate payable
under section 5376'; 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) SCIENCE AND ENGINEERING EQUAL OPPORTUNITIES ACT AMENDMENTS-
(1) Section 34 of the Science and Engineering Equal Opportunities
Act (42 U.S.C. 1885b) is amended--
(A) by inserting `AND PERSONS WITH DISABILITIES' after
`MINORITIES IN SCIENCE' in the section heading; and
(B) by adding at the end the following new subsection:
`(c) The Foundation is authorized to undertake and support
programs and activities to encourage the participation of persons
with disabilities in the science and engineering professions.'.
(2) Section 36 of the Science and Engineering Equal Opportunities
Act (42 U.S.C. 1885c) is amended--
(A) in subsection (a), by inserting `persons with
disabilities,' after `minorities,';
(B) in subsection (b), by amending the second sentence to
read as follows: `In addition, the Chairman of the National
Science Board may designate members of the Board as ex officio
members of the Committee.';
(C) by striking subsections (c) and (d);
(D) by inserting after subsection (b) the following new
subsection:
`(c) The Committee shall be responsible for reviewing and
evaluating all Foundation matters relating to participation in,
opportunities for, and advancement in education, training, and
research in science and engineering of women, minorities, persons
with disabilities, and other groups currently underrepresented in
scientific, engineering, and professional fields.';
(E) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively; and
(F) in subsection (d), as so redesignated by subparagraph (E)
of this paragraph, by striking `additional'.
(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 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 development 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).
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
[BOLD->] CHAPTER 1--AUTHORIZATIONS [<-BOLD]
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.
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, $2,107,400,000.
(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, $405,600,000.
(7) For Academic Programs, $92,500,000.
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, $276,250,000.
(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,
$2,030,800,000, of which $1,611,000,000 shall be for personnel
and related costs, $31,500,000 shall be for travel, and
$388,300,000 shall be for research operations support.
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.
[BOLD->] CHAPTER 2--RESTRUCTURING THE NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION [<-BOLD]
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).
[BOLD->] CHAPTER 3--LIMITATIONS AND SPECIAL AUTHORITY [<-BOLD]
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
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);
(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--
(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.'.
