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American Association of Airport Executives &
Airports Council International - North America Legislative Affairs Representing the nation's airports in Washington, D.C. |
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H.R. 3322 "Omnibus Civilian Science Authorization Act of 1996"
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 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 is 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 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)'.
TITLE III--UNITED STATES FIRE ADMINISTRATION
SEC. 301. SHORT TITLE.
This title may be cited as the `Fire Administration Authorization
Act of 1996'.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
Section 17(g)(1) of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2216(a)(1)) is amended--
(1) by striking `and' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F) and
inserting in lieu thereof `; and'; and
(3) by adding at the end the following new subparagraph:
`(G) $27,560,000 for the fiscal year ending September 30,
1997.'.
SEC. 303. FIRE SAFETY SYSTEMS IN ARMY HOUSING.
Section 31(c)(1)(A)(ii)(II) is amended by inserting `, or in the
case of housing under the control of the Department of the Army, 6
years after such date of enactment' after `date of enactment'.
SEC. 304. SUCCESSOR FIRE SAFETY STANDARDS.
The Federal Fire Prevention and Control Act of 1974 is amended--
(1) in section 29(a)(1), by inserting `, or any successor
standard thereto,' after `Association Standard 74';
(2) in section 29(a)(2), by inserting `or any successor
standards thereto,' after `whichever is appropriate,';
(3) in section 29(b)(2), by inserting `, or any successor
standards thereto' after `Association Standard 13 or 13-R';
(4) in section 31(c)(2)(B)(i), by inserting `or any successor
standard thereto,' after `Life Safety Code),'; and
(5) in section 31(c)(2)(B)(ii), by inserting `or any
successor standard thereto,' after `Association Standard 101,'.
SEC. 305. TERMINATION OR PRIVATIZATION OF FUNCTIONS.
The Administrator of the United States Fire Administration shall
transmit to Congress a report providing notice at least 60 days in
advance of the termination or transfer to a private sector entity
of any significant function of the United States Fire Administration.
SEC. 306. REPORT ON BUDGETARY REDUCTION.
The Administrator of the United States Fire Administration shall
transmit to Congress, within three months after the date of the
enactment of this Act, a report setting forth the manner in which
the United States Fire Administration intends to implement the
budgetary reduction represented by the difference between the
amount appropriated to the United States Fire Administration for
fiscal year 1997 and the amount requested in the President's budget
request for such fiscal year. Such report shall be prepared in
consultation with the Alliance for Fire and Emergency Management,
the International Association of Fire Chiefs, the International
Association of Fire Fighters, the National Fire Protection
Association, the National Volunteer Fire Council, the National
Association of State Fire Marshals, and the International
Association of Arson Investigators.
TITLE IV--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
SEC. 401. SHORT TITLE.
This title may be cited as the `National Oceanic and Atmospheric
Administration Authorization Act of 1996'.
SEC. 402. DEFINITIONS.
For the purposes of this title, the term--
(1) `Act of 1890' means the Act entitled `An Act to increase
the efficiency and reduce the expenses of the Signal Corps of
the Army, and to
transfer the Weather Bureau to the Department of Agriculture',
approved October 1, 1890 (26 Stat. 653);
(2) `Act of 1947' means the Act entitled `An Act to define
the functions and duties of the Coast and Geodetic Survey, and
for other purposes', approved August 6, 1947 (33 U.S.C. 883a et
seq.);
(3) `Act of 1970' means the Act entitled `An Act to clarify
the status and benefits of commissioned officers of the
National Oceanic and Atmospheric Administration, and for other
purposes', approved December 31, 1970 (33 U.S.C. 857-1 et seq.);
(4) `Administrator' means the Administrator of the National
Oceanic and Atmospheric Administration; and
(5) `Secretary' means the Secretary of Commerce.
SUBTITLE A--ATMOSPHERIC, WEATHER, AND SATELLITE PROGRAMS
SEC. 411. NATIONAL WEATHER SERVICE.
(a) OPERATIONS AND RESEARCH- There are authorized to be
appropriated to the Secretary to enable the National Oceanic and
Atmospheric Administration to carry out the operations and research
duties of the National Weather Service, $450,668,000 for fiscal
year 1997. Such duties include meteorological, hydrological, and
oceanographic public warnings and forecasts, as well as applied
research in support of such warnings and forecasts.
(b) SYSTEMS ACQUISITION- (1) There are authorized to be
appropriated to the Secretary to enable the National Oceanic and
Atmospheric Administration to carry out the public warning and
forecast systems duties of the National Weather Service,
$68,984,000 for fiscal year 1997. Such duties include the
development, acquisition, and implementation of major public
warning and forecast systems, including the upgrade of computer
facilities. None of the funds authorized under this subsection
shall be used for the purposes for which funds are authorized under
subsection (e). None of the funds authorized under this subsection
shall be used for the purposes for which funds are authorized under
section 102(b) of the National Oceanic and Atmospheric
Administration Authorization Act of 1992 (Public Law 102-567). None
of the funds authorized by such section 102(b) shall be expended
for a particular NEXRAD installation unless--
(A) it is identified as a National Weather Service NEXRAD
installation in the National Implementation Plan for
modernization of the National
Weather Service, required under section 703 of the National Oceanic
and Atmospheric Administration Authorization Act of 1992 (Public
Law 102-567); or
(B) it is to be used only for spare parts, not as an
installation at a particular site.
(2) Of the amounts authorized under paragraph (1), $42,935,000
shall be for NEXRAD program management, operations, and maintenance.
(c) NEW NEXRAD INSTALLATIONS- No funds may be obligated for
NEXRAD installations not identified in the National Implementation
Plan for 1996, unless the Secretary certifies that such NEXRAD
installations can be acquired within the authorization of NEXRAD
contained in section 102(b) of the National Oceanic and Atmospheric
Administration Authorization Act of 1992.
(d) ASOS PROGRAM AUTHORIZATION- Of the sums authorized in
subsection (b)(1), $10,056,000 for fiscal year 1997 are authorized
to be appropriated to the Secretary, for the acquisition and
deployment of--
(1) the Automated Surface Observing System and related
systems, including multisensor and backup arrays for National
Weather Service sites at airports; and
(2) Automated Meteorological Observing System and Remote
Automated Meteorological Observing System replacement units.
and to cover all associated activities, including program
management and operations and maintenance.
(e) AWIPS COMPLETE PROGRAM AUTHORIZATION- (1) Except as provided
in paragraph (2), there are authorized to be appropriated to the
Secretary for all fiscal years beginning after September 30, 1996,
an aggregate of $271,166,000, to remain available until expended,
of which up to $116,483,000 may be available for fiscal year 1997,
to complete the acquisition and deployment of the Advanced Weather
Interactive Processing System and NOAA Port and to cover all
associated activities, including program management and operations
and maintenance through September 30, 1999.
(2) No funds are authorized to be appropriated for any fiscal
year under paragraph (1) unless, within 60 days after the
submission of the President's budget request for such fiscal year,
the Secretary--
(A) certifies to the Congress that--
(i) the systems meet the technical performance
specifications included in the system contract as in effect
on August 11, 1995;
(ii) the systems can be fully deployed, sited, and
operational without requiring further appropriations beyond
amounts authorized under paragraph (1); and
(iii) the Secretary does not foresee any delays in the
systems deployment and operations schedule; or
(B) submits to the Congress a report which describes--
(i) the circumstances which prevent a certification under
subparagraph (A);
(ii) remedial actions undertaken or to be undertaken with
respect to such circumstances;
(iii) the effects of such circumstances on the systems
deployment and operations schedule and systems coverage; and
(iv) a justification for proceeding with the program, if
appropriate.
(f) CONSTRUCTION OF WEATHER FORECAST OFFICES- There are
authorized to be appropriated to the Secretary to enable the
National Oceanic and Atmospheric Administration to carry out
construction, repair, and modification activities relating to new
and existing weather forecast offices, $11,000,000 for fiscal year
1997. Such activities include planning, design, and land
acquisition related to such offices.
(g) WEATHER SERVICE MODERNIZATION- The Weather Service
Modernization Act (15 U.S.C. 313 note) is amended--
(1) in section 706--
(A) by amending subsection (b) to read as follows:
`(b) CERTIFICATION- The Secretary may not close, automate, or
relocate any field office unless the Secretary has certified to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science of the House of Representatives that
such action will not result in degradation of service to the
affected area. Such certification shall be in accordance with the
modernization criteria established under section 704.';
(B) by striking subsections (c), (d), (e), and (f); and
(C) by inserting after subsection (b) the following new
subsections:
`(c) SPECIAL CIRCUMSTANCES- The Secretary may not close or
relocate any field office which is located at an airport, if the
Secretary, in consultation with the Secretary of Transportation and
the Committee, determines as a result of an air safety appraisal
that such action will result in degradation of service that affects
aircraft safety. This air safety appraisal shall be issued jointly
by the Department of Commerce and the Department of Transportation
before September 30, 1996, and shall be based on a coordinated
review of all the airports in the United States subject to the
certification requirements of subsection (b). The appraisal shall--
`(1) consider the weather information required to safely
conduct aircraft operations and the extent to which such
information is currently derived through manual observations
provided by the National Weather Service and the Federal
Aviation Administration, and automated observations provided
from other sources including the Automated Weather Observation
Service (AWOS), the Automated Surface Observing System (ASOS),
and the Geostationary Operational Environmental Satellite
(GOES); and
`(2) determine whether the service provided by ASOS, and ASOS
augmented where necessary by human observations, provides the
necessary level of service consistent with the service
standards encompassed in the criteria for automation of the
field offices.
`(d) PUBLIC LIAISON- The Secretary shall maintain for a period of
at least two years after the closure of any weather office a
program to--
`(1) provide timely information regarding the activities of
the National Weather Service which may affect service to the
community, including modernization and restructuring; and
`(2) work with area weather service users, including persons
associated with general aviation, civil defense, emergency
preparedness, and the news media, with respect to the provision
of timely weather warnings and forecasts.'; and
(2) in section 707--
(A) by amending subsection (c) to read as follows:
`(c) DUTIES- The Committee shall advise the Congress and the
Secretary on--
`(1) the implementation of the Strategic Plan, annual
development of the Plan, and establishment and implementation
of modernization criteria; and
`(2) matters of public safety and the provision of weather
services which relate to the comprehensive modernization of the
National Weather Service.'; and
(B) by amending subsection (f) to read as follows:
`(f) TERMINATION- The Committee shall terminate--
`(1) on September 30, 1996; or
`(2) 90 days after the deadline for public comment on the
modernization criteria for closure certification published in
the Federal Register pursuant to section 704(b)(2),
whichever occurs later.'.
(h) BI-AGENCY WORKING GROUP- The National Weather Service is
encouraged to follow through on the recommendation contained in the
document entitled `Secretary's Report to Congress on Adequacy of
NEXRAD Coverage and Degradation of Weather Services Under National
Weather Service Modernization for 32 Areas of Concern', dated
October 12, 1995, to initiate a dialogue with the Federal Aviation
Administration to form a bi-agency working group to further assess
the potential for National Weather Service operational use of
Federal Aviation Administration weather radar data, and to define
engineering considerations that would be involved in implementing a
data sharing link between the Federal Aviation Administration and
the National Weather Service.
(i) NEXRAD OPERATIONAL AVAILABILITY AND RELIABILITY- (1) The
Secretary of Defense, in conjunction with the Administrator of the
National Oceanic and Atmospheric Administration, shall take
immediate steps to ensure that NEXRADs operated by the Department
of Defense that provide primary detection coverage over a portion
of their range function as fully committed, reliable elements of
the national weather radar network, operating with the same
standards, quality, and availability as the National Weather
Service-operated NEXRADs.
(2) NEXRADs operated by the Department of Defense that provide
primary detection coverage over a portion of their range are to be
considered as integral parts of the National Weather Radar Network.
SEC. 412. ATMOSPHERIC RESEARCH.
(a) CLIMATE AND AIR QUALITY RESEARCH- There are authorized to be
appropriated to the Secretary to enable the National Oceanic and
Atmospheric Administration to carry out its climate and air quality
research duties, $99,272,000 for fiscal year 1997. Such duties
include internannual and seasonal climate research and long-term
climate and air quality research.
(b) ATMOSPHERIC PROGRAMS- There are authorized to be appropriated
to the Secretary to enable the National Oceanic and Atmospheric
Administration to carry out its atmospheric research duties,
$43,182,000 for fiscal year 1997. Such duties include research for
developing improved prediction capabilities for atmospheric
processes, as well as solar-terrestrial research and services.
SEC. 413. NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION
SERVICE.
(a) SATELLITE OBSERVING SYSTEMS- There are authorized to be
appropriated to the Secretary to enable the National Oceanic and
Atmospheric Administration to carry out its satellite observing
systems duties, $287,997,000 for fiscal year 1997, to remain
available until expended. Such duties include spacecraft
procurement, launch, and associated ground station systems
involving polar orbiting and geostationary environmental
satellites, as well as the operation of such satellites. None of
the funds authorized under this subsection shall be used for the
purposes for which funds are authorized under section 105(d) of the
National Oceanic and Atmospheric
Administration Authorization Act of 1992 (Public Law 102-567).
(b) POES PROGRAM AUTHORIZATION- Of the sums authorized in
subsection (a), there are authorized to be appropriated to the
Secretary $147,664,000 for fiscal year 1997, to remain available
until expended, for the procurement and launch of, and supporting
ground systems for, Polar Orbiting Environmental Satellites, K, L,
M, N, and N 1 .
(c) GEOSTATIONARY OPERATIONAL ENVIRONMENTAL SATELLITES- Of the
sums authorized in subsection (a), there are authorized to be
appropriated to the Administrator $70,757,000 for fiscal year 1997,
to remain available until expended to procure up to three
additional Geostationary Operational Environmental NEXT Satellites
(GOES I-M clones), instruments, and supporting ground systems.
(d) NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL SATELLITE
SYSTEM PROGRAM AUTHORIZATION- Of the sums authorized in subsection
(a), there are authorized to be appropriated to the Secretary, for
fiscal year 1997, $19,024,000, to remain available until expended,
for the procurement of the National Polar-Orbiting Operational
Environmental Satellite System, and the procurement of the
launching and supporting ground systems of such satellites.
(e) ENVIRONMENTAL DATA AND INFORMATION SERVICES- There are
authorized to be appropriated to the Secretary to enable the
National Oceanic and Atmospheric Administration to carry out its
environmental data and information services duties, $44,898,000 for
fiscal year 1997. Such duties include climate data services,
geophysical data services, and environmental assessment and
information services.
SUBTITLE B--PROGRAM SUPPORT
SEC. 431. PROGRAM SUPPORT.
(a) EXECUTIVE DIRECTION AND ADMINISTRATIVE ACTIVITIES- There are
authorized to be appropriated to the Secretary, to enable the
National Oceanic and Atmospheric Administration to carry out
executive direction and administrative activities under the Act of
1970 and any other law involving those activities, $20,000,000 for
fiscal year 1997.
(b) CENTRAL ADMINISTRATIVE SUPPORT- There are authorized to be
appropriated to the Secretary, to enable the National Oceanic and
Atmospheric Administration to carry out central administrative
support activities under the Act of 1970 and any other law
involving those activities, $33,000,000 for fiscal year 1997.
(c) AIRCRAFT SERVICES- There are authorized to be appropriated to
the Secretary, to enable the National Oceanic and Atmospheric
Administration to carry out aircraft services activities (including
aircraft operations, maintenance, and support) under the Act of
1970 and any other law involving those activities, $9,153,000 for
fiscal year 1997.
(d) FACILITIES REPAIRS AND RENOVATIONS- There are authorized to
be appropriated to the Secretary, to enable the National Oceanic
and Atmospheric Administration to carry out facilities repairs and
renovations, $7,546,000 for fiscal year 1997.
SUBTITLE C--STREAMLINING OF OPERATIONS
SEC. 441. PROGRAMS.
(a) PROGRAMS- No funds are authorized to be appropriated for the
following programs and accounts:
(1) Federal/State Weather Modification Grants.
(2) The Southeast Storm Research Account.
(3) National Institute for Environmental Renewal.
(4) National Weather Service non-Federal, non-wildfire Fire
Weather Service.
(5) National Weather Service Regional Climate Centers.
(6) National Weather Service Samoa Weather Forecast Office
Repair and Upgrade Account.
(7) Dissemination of Weather Charts (Marine Facsimile Service).
(8) Global Learning and Observations to Benefit the
Environment program.
(b) REPORT- Not later than 60 days after the date of the
enactment of this Act, 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 report
certifying that all the programs listed in subsection (a) will be
terminated no later than September 30, 1996.
SEC. 442. REDUCTION IN TRAVEL BUDGET.
Of the sums appropriated under this Act for Operations, Research,
and Facilities, no more than $20,000,000 may be used for
reimbursement of travel and related expenses for National Oceanic
and Atmospheric Administration personnel.
SUBTITLE D--MISCELLANEOUS
SEC. 451. WEATHER DATA BUOYS.
(a) PROHIBITION- It shall be unlawful for any unauthorized person
to remove, change the location of, obstruct, willfully damage, make
fast to, or interfere with any weather data buoy established,
installed, operated, or maintained by the National Data Buoy Center.
(b) CIVIL PENALTIES- The Administrator is authorized to assess a
civil penalty against any person who violates any provision of this
section in an amount of not more than $10,000 for each violation.
Each day during which such violation continues shall be considered
a new offense. Such penalties shall be assessed after notice and
opportunity for a hearing.
(c) REWARDS- The Administrator may offer and pay rewards for the
apprehension and conviction, or for information helpful therein, of
persons found interfering, in violation of law, with data buoys
maintained by the National Data Buoy Center; or for information
leading to the discovery of missing National Weather Service
property or the recovery thereof.
SEC. 452. DUTIES OF THE NATIONAL WEATHER SERVICE.
(a) IN GENERAL- To protect life and property and enhance the
national economy, the Secretary, through the National Weather
Service, except as outlined in subsection (b), shall be responsible
for--
(1) forecasts and shall serve as the sole official source of
weather warnings;
(2) the issue of storm warnings;
(3) the collection, exchange, and distribution of
meteorological, hydrological, climatic, and oceanographic data
and information; and
(4) the preparation of hydrometeorological guidance and core
forecast information.
(b) COMPETITION WITH PRIVATE SECTOR- The National Weather Service
shall not compete, or assist other entities to compete, with the
private sector when a service is currently provided or can be
provided by commercial enterprise, unless--
(1) the Secretary finds that the private sector is unwilling
or unable to provide the services; and
(2) the service provides vital weather warnings and forecasts
for the protection of lives and property of the general public.
(c) AMENDMENTS- The Act of 1890 is amended--
(1) by striking section 3 (15 U.S.C. 313); and
(2) in section 9 (15 U.S.C. 317), by striking all after
`Department of Agriculture' and inserting in lieu thereof a
period.
(d) REPORT- Not later than 60 days after the date of the
enactment of this Act, 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 report
detailing all National Weather Service activities which do not
conform to the requirements of this section and outlining a
timetable for their termination.
TITLE V--ENVIRONMENTAL PROTECTION AGENCY
SEC. 501. SHORT TITLE.
This title may be cited as the `Environmental Research,
Development, and Demonstration Authorization Act of 1996'.
SEC. 502. DEFINITIONS.
For the purposes of this title, the term--
(1) `Administrator' means the Administrator of the
Environmental Protection Agency;
(2) `Agency' means the Environmental Protection Agency; and
(3) `Assistant Administrator' means the Assistant
Administrator for Research and Development of the Agency.
SEC. 503. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There are authorized to be appropriated to the
Administrator $487,126,600 for fiscal year 1997 for Science and
Technology activities, including program management and support, in
the areas specified in subsection (b).
(b) SPECIFIC PROGRAMS AND ACTIVITIES- Of the amount authorized in
subsection (a), there are authorized to be appropriated the
following:
(1) For air related research, $74,119,900.
(2) For global change research, $1,400,000.
(3) For water quality related research, $26,294,000.
(4) For drinking water related research, $26,593,700.
(5) For toxic substances related research, $12,341,500.
(6) For lab and field expenses, $73,031,600.
(7) For headquarters expenses of the Office of Research and
Development, $9,254,800.
(8) For multimedia related research expenses, $174,060,100,
of which $5,000,000 shall be for graduate student fellowships.
(9) For program management expenses, $6,399,000.
(10) For pesticide related research, $20,632,000.
(11) For research related to hazardous waste, $12,000,000.
(12) For environmental research laboratories, $51,000,000.
(c) ADDITIONAL AUTHORIZATIONS- There are authorized to be
appropriated to the Administrator for fiscal year 1997--
(1) for oil pollution related research, $2,076,900; and
(2) for research related to leaking underground storage
tanks, $769,000.
(d) LIMITATIONS- No funds are authorized to be appropriated by
this title for--
(1) the Environmental Technology Initiative;
(2) the Climate Change Action Plan;
(3) North Dakota Center for Air Toxic Metals Research;
(4) drinking water research conducted by the American Water
Works Association Research Foundation, other than amounts
awarded through a competitive process;
(5) the Water Environment Research Foundation;
(6) the National Urban Air Toxics Research Center;
(7) the Gulf Coast Hazardous Substances Research Center;
(8) urban waste management research at the University of New
Orleans, other than amounts awarded through a competitive
process;
(9) the Resources and Agricultural Policy Systems Program at
Iowa State University; or
(10) the Oil Spill Remediation Research Center.
SEC. 504. SCIENTIFIC RESEARCH REVIEW.
(a) IN GENERAL- The Administrator shall assign to the Assistant
Administrator the duties of--
(1) developing a strategic plan for scientific and technical
research activities throughout the Agency;
(2) integrating that strategic plan into ongoing Agency
planning activities; and
(3) reviewing all Agency research to ensure the research--
(A) is of high quality; and
(B) does not duplicate any other research being conducted
by the Agency.
(b) REPORT- The Assistant Administrator shall transmit annually
to the Administrator and to the Committee on Science of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a report detailing--
(1) all Agency research the Assistant Administrator finds is
not of sufficiently high quality; and
(2) all Agency research the Assistant Administrator finds
duplicates other Agency research.
SEC. 505. GRADUATE STUDENT FELLOWSHIPS.
In carrying out the graduate student fellowship program for which
funds are authorized to be appropriated by this title, the
Administrator shall ensure that any fellowship award to a student
selected after the date of the enactment of this Act is used only
to support scientific research that would further missions of the
Office of Research and Development in fields in which there exists
or is projected to exist a shortage in the number of scientists.
SEC. 506. SCIENCE ADVISORY BOARD.
(a) ANNUAL REPORT- The Science Advisory Board shall submit to
Congress and to the Administrator an annual report that contains
the views of the Science Advisory Board on proposed research
programs as described in the President's budget for research,
development, and demonstration activities at the Environmental
Protection Agency. Such report shall be submitted to Congress as
soon as practicable after the submission of the President's budget
to Congress. The Administrator shall cooperate with the Director of
the Science Advisory Board, particularly with respect to the timely
provision of budget information to the Science Advisory Board, to
allow the Science Advisory Board to carry out its duties under this
subsection.
(b) EVALUATION- The Science Advisory Board shall conduct periodic
evaluations of selected areas of the current and planned research,
development, and demonstration activities of the Environmental
Protection Agency. The areas of evaluation shall be selected by the
Science Advisory Board in consultation with the Administrator, the
Office of Research and Development, other Agency programs, and
appropriate committees of the Congress. Reports containing the
Science Advisory Board's evaluations and recommendations shall be
filed with such committees and the Administrator. The Administrator
shall provide to such committees a written response to the Science
Advisory Board's evaluation and recommendations within 60 days
after the Science Advisory Board's report has been submitted.
(c) REVIEW OF CERTAIN RESEARCH ACTIVITIES- The Science Advisory
Board shall annually review the research activities of the
Environmental Protection Agency and shall include the results of
such review in the annual report required by subsection (a).
(d) SUBMISSION TO CONGRESS- The Administrator shall submit to the
Congress any report required by law to be submitted to the
Administrator by the Science Advisory Board. The Administrator
shall make any such submission not later than 60 days after the
Administrator receives the report from the Science Advisory Board.
SEC. 507. ENDOCRINE DISRUPTER RESEARCH PLANNING.
(a) SHORT TITLE- This section may be cited as the `Endocrine
Disrupter Research Planning Act of 1996'.
(b) FINDINGS- The Congress finds that--
(1) recent reports in the media have focused public attention
on a possible link between exposure to chemicals that may mimic
hormones and may have adverse biological effects in humans and
wildlife, including carcinogenic, reproductive, neurological,
and immunological effects, now commonly referred to as
endocrine disrupters;
(2) given the significant scientific uncertainties concerning
the effects of such endocrine disrupters on humans and
wildlife, it cannot at this time be concluded whether or not
endocrine disrupters constitute a significant threat to human
health or the environment;
(3) neither a conclusion that endocrine disrupters pose an
imminent and serious threat to human health and the
environment, nor a conclusion that the risks are insignificant
or exaggerated, is warranted based on the present state of
scientific knowledge;
(4) additional research is needed to more accurately
characterize the risks of endocrine disrupters;
(5) risk assessment principles should be used to guide the
development of a coordinated research plan to ensure that
research results are relevant and adequate to objectively
estimate risk to guide future public policy decisions;
(6) research carried out by the Federal Government should be
done in a planned and coordinated manner to ensure that limited
resources are spent efficiently and that critical information
gaps are filled as quickly as possible; and
(7) researchers from academia, industry, and Federal
laboratories should coordinate efforts to prioritize research
topics, identify capital needs, and, in general, develop a
comprehensive research plan to address important scientific and
policy questions surrounding the potential effects of such
chemicals.
(c) RESEARCH PLANNING REPORT-
(1) REPORT- The Administrator, in coordination with other
Federal agencies with scientific expertise in areas relevant to
assessing the human health and ecological risks of endocrine
disrupters, shall submit to Congress, along with the
President's Budget Request for Fiscal Year 1998, a plan for
conducting research needed to objectively assess and
characterize the risk of endocrine disrupters on human health
and the environment.
(2) CONTENTS- The plan submitted under this section shall
include--
(A) the role of each participating agency in the research
plan and the resources required by each agency to carry out
the research plan, including human and capital resources
needed to ensure that agencies have appropriate expertise,
facilities, and analytical capabilities to meet the goals
of the research plan;
(B) the mechanisms by which each agency will carry out
research, including the use of Federal laboratory
facilities, extramural grants and contracts, and
cooperative research and development agreements with
universities, research centers, and the private sector, and
mechanisms to avoid duplication of effort and for
appropriate peer review, including independent and external
peer review of Federal agency intramural research;
(C) specific research strategies and timelines for
addressing the critical information gaps with respect to
hazard identification, dose-response assessment, and
exposure assessment; and
(D) an assessment of the current state of scientific
knowledge concerning effects of synthetic and naturally
occurring endocrine disrupters on human health and the
environment, including identification of scientific
uncertainties unlikely to be capable of significant
resolution in the near term, studies which support or fail
to support conclusions of adverse public health effects,
and the opportunity for public comment on such assessment.
(d) SAVINGS CLAUSE- Nothing in this section is intended to alter,
enhance, or otherwise affect any statutory authority of the
Environmental Protection Agency or any other Federal regulatory
agency to regulate substances which may pose a threat to the public
health or the environment.
TITLE VI--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated the following:
(1) For Scientific and Technical Research and Services of the
National Institute of Standards and Technology, $280,600,000
for fiscal year 1997, of which--
(A) $38,407,000 shall be for Electronics and Electrical
Engineering;
(B) $18,747,000 shall be for Manufacturing Engineering;
(C) $33,939,000 shall be for Chemical Science and
Technology;
(D) $28,048,000 shall be for Physics;
(E) $54,589,000 shall be for Material Science and
Engineering;
(F) $13,085,000 shall be for Building and Fire Research;
(G) $43,076,000 shall be for Computer Science and Applied
Mathematics;
(H) $18,950,000 shall be for Technical Assistance;
(I) $28,772,000 shall be for Research Support; and
(J) $2,987,000 shall be for the Malcolm Baldrige National
Quality Program under section 17 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3711a); and
(2) for Construction of Research Facilities of the National
Institute of Standards and Technology, $105,240,000 for fiscal
year 1997.
TITLE VII--FEDERAL AVIATION ADMINISTRATION RESEARCH, ENGINEERING,
AND DEVELOPMENT
SEC. 701. SHORT TITLE.
This title may be cited as the `FAA Research, Engineering, and
Development Management Reform Act of 1996'.
SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) of title 49, United States Code, is amended--
(1) by striking `and' at the end of paragraph (1)(J);
(2) by striking the period at the end of paragraph (2)(J) and
inserting in lieu thereof `; and'; and
(3) by adding at the end the following new paragraph:
`(3) for fiscal year 1997--
`(A) $10,000,000 for system development and
infrastructure projects and activities;
`(B) $39,911,000 for capacity and air traffic management
technology projects and activities;
`(C) $20,371,000 for communications, navigation, and
surveillance projects and activities;
`(D) $6,411,000 for weather projects and activities;
`(E) $6,000,000 for airport technology projects and
activities;
`(F) $37,978,000 for aircraft safety technology projects
and activities;
`(G) $36,045,000 for system security technology projects
and activities;
`(H) $23,682,000 for human factors and aviation medicine
projects and activities;
`(I) $3,800,000 for environment and energy projects and
activities; and
`(J) $1,500,000 for innovative/cooperative research
projects and activities.'.
SEC. 703. RESEARCH PRIORITIES.
Section 48102(b) of title 49, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking `AVAILABILITY FOR RESEARCH- (1)' and
inserting in lieu thereof `RESEARCH PRIORITIES- (1) The
Administrator shall consider the advice and recommendations of
the research advisory committee established by section 44508 of
this title in establishing priorities among major categories of
research and development activities carried out by the Federal
Aviation Administration.
`(2)'.
SEC. 704. RESEARCH ADVISORY COMMITTEE.
Section 44508(a)(1) of title 49, United States Code, is amended--
(1) by striking `and' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and
inserting in lieu thereof `; and'; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
`(D) annually review the allocation made by the Administrator
of the amounts authorized by section 48102(a) of this title
among the major categories of research and development
activities carried out by the Administration and provide advice
and recommendations to the Administrator on whether such
allocation is appropriate to meet the needs and objectives
identified under subparagraph (A).'.
SEC. 705. NATIONAL AVIATION RESEARCH PLAN.
Section 44501(c) of title 49, United States Code, is amended--
(1) in paragraph (2)(A) by striking `15-year' and inserting
in lieu thereof `5-year';
(2) by amending subparagraph (B) to read as follows:
`(B) The plan shall--
`(i) provide estimates by year of the schedule, cost, and
work force levels for each active and planned major research
and development project under sections 40119, 44504, 44505,
44507, 44509, 44511-44513, and 44912 of this title, including
activities carried out under cooperative agreements with other
Federal departments and agencies;
`(ii) specify the goals and the priorities for allocation of
resources among the major categories of research and
development activities, including the rationale for the
priorities identified;
`(iii) identify the allocation of resources among long-term
research, near-term research, and development activities; and
`(iv) highlight the research and development activities that
address specific recommendations of the research advisory
committee established under section 44508 of this title, and
document the recommendations of the committee that are not
accepted, specifying the reasons for nonacceptance.'; and
(3) in paragraph (3) by inserting `, including a description
of the dissemination to the private sector of research results
and a description of any new technologies developed' after
`during the prior fiscal year'.
TITLE VIII--NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM
SEC. 801. AUTHORIZATION OF APPROPRIATIONS.
Section 12 of the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7706) is amended--
(1) in subsection (a)(7) by striking `and $25,750,000 for the
fiscal year ending September 30, 1996' and inserting in lieu
thereof `$25,750,000 for the fiscal year ending September 30,
1996, and $18,825,000 for the fiscal year ending September 30,
1997';
(2) in subsection (b) by striking `and $50,676,000 for the
fiscal year ending September 30, 1996' and inserting in lieu
thereof `$50,676,000 for the fiscal year ending September 30,
1996, and $46,130,000 for the fiscal year ending September 30,
1997';
(3) in subsection (c) by adding at the end the following new
sentence: `There are authorized to be appropriated, out of
funds otherwise authorized to be appropriated to the National
Science Foundation, $28,400,000 for fiscal year 1997, including
$17,500,000 for engineering research and $10,900,000 for
geosciences research.'; and
(4) in subsection (d) by adding at the end the following new
sentence: `There are authorized to be appropriated, out of
funds otherwise authorized to be appropriated to the National
Institute of Standards and Technology, $1,932,000 for fiscal
year 1997.'.
TITLE IX--MISCELLANEOUS
SEC. 901. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this Act shall be available for
any activity whose purpose is to influence legislation pending
before the Congress, except that this shall not prevent officers or
employees of the United States or of its departments or agencies
from communicating to Members of Congress on the request of any
Member or to Congress, through the proper channels, requests for
legislation or appropriations which they deem necessary for the
efficient conduct of the public business.
SEC. 902. LIMITATION ON APPROPRIATIONS.
(a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR 1997- Notwithstanding
any other provision of law, no sums are authorized to be
appropriated for fiscal year 1997 for the activities for which sums
are authorized by this Act unless such sums are specifically
authorized to be appropriated by this Act.
(b) SUBSEQUENT FISCAL YEARS- No sums are authorized to be
appropriated for any fiscal year after fiscal year 1997 for the
activities for which sums are authorized by this Act unless such
sums are specifically authorized to be appropriated by Act of
Congress with respect to such fiscal year.
SEC. 903. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL- The head of each Federal agency for which funds
are authorized under this Act shall exclude from consideration for
awards of financial assistance made by that agency after fiscal
year 1996 any person who received funds, other than those described
in subsection (b), appropriated for a fiscal year after fiscal year
1996, from any Federal funding source for a project that was not
subjected to a competitive, merit-based award process. Any
exclusion from consideration pursuant to this section shall be
effective for a period of 5 years after the person receives such
Federal funds.
(b) EXCEPTION- Subsection (a) shall not apply to awards to
persons who are members of a class specified by law for which
assistance is awarded to members of the class according to a
formula provided by law.
SEC. 904. BUY AMERICAN.
(a) SENSE OF CONGRESS- It is the sense of Congress that any
recipient of a grant under this Act, or under any amendment made by
this Act, should purchase, when available and cost-effective,
American made equipment and products when expending grant monies.
(b) NOTICE TO RECIPIENTS OF ASSISTANCE- In allocating grants
under this Act, or under any amendment made by this Act, the
Secretary shall provide to each recipient a notice describing the
statement made in subsection (a) by the Congress.
SEC. 905. ROTC ACCESS TO CAMPUSES.
(a) DENIAL OF GRANTS AND CONTRACTS- (1) No funds appropriated for
civilian science activities of the Federal Government may be
provided by contract or by grant (including a grant of funds to be
available for student aid) to any institution of higher education
that, as determined by the agency to which the funds were
appropriated, in consultation with other appropriate Federal
agencies, has an anti-ROTC policy.
(2) In the case of an institution of higher education that is
ineligible for grants and contracts by reason of paragraph (1), the
prohibition under that paragraph shall cease to apply to that
institution upon a determination by the agency to which the funds
were appropriated, in consultation with other appropriate Federal
agencies, that the institution no longer has an anti-ROTC policy.
(b) NOTICE OF DETERMINATION- Whenever an agency makes a
determination under subsection (a) that an institution has an
anti-ROTC policy, or that an institution previously determined to
have an anti-ROTC policy no longer has such a policy, the agency--
(1) shall transmit notice of that determination to the
Secretary of Education and the Congress; and
(2) shall publish in the Federal Register notice of that
determination and of the effect of that determination under
subsection (a) on the eligibility of that institution for
grants and contracts.
(c) SEMIANNUAL NOTICE IN FEDERAL REGISTER- Each agency shall
publish in the Federal Register once every six months a list of
each institution of higher education that is currently ineligible
for grants and contracts by reason of a determination of the agency
under subsection (a).
(d) ANTI-ROTC POLICY- In this section, the term `anti-ROTC
policy' means a policy or practice of an institution of higher
education that--
(1) prohibits, or in effect prevents, the maintaining or
establishing of a unit of the Senior Reserve Officer Training
Corps at that institution; or
(2) prohibits, or in effect prevents, a student at that
institution from enrolling in a unit of the Senior Reserve
Officer Training Corps at another institution of higher
education,
but does not include a longstanding policy of pacifism based on
historical religious affiliation.
SEC. 906. RECRUITING ON CAMPUS.
(a) DENIAL OF FUNDS- (1) No funds appropriated for civilian
science activities of the Federal Government may be provided by
grant or contract (including a grant of funds to be available for
student aid) to any institution of higher education that, as
determined by the agency to which the funds were appropriated, in
consultation with other appropriate Federal agencies, has a policy
of denying, or which effectively prevents--
(A) entry to campuses or access to students on campuses; or
(B) access to directory information pertaining to students,
for purposes of military recruiting. This paragraph shall not apply
to a longstanding policy of pacifism based on historical religious
affiliation.
(2) In the case of an institution of higher education that is
ineligible for grants and contracts by reason of paragraph (1), the
prohibition under that paragraph shall cease to apply to that
institution upon a determination by the agency to which the funds
were appropriated, in consultation with other appropriate Federal
agencies, that the institution no longer has a policy described in
paragraph (1).
(3) Students referred to in paragraph (1) are individuals who are
17 years of age or older.
(b) NOTICE OF DETERMINATION- Whenever an agency makes a
determination under subsection (a) that an institution has a policy
described in subsection (a), or that an institution previously
determined to have such a policy no longer has such a policy, the
agency--
(1) shall transmit notice of that determination to the
Secretary of Education and the Congress; and
(2) shall publish in the Federal Register notice of that
determination and of the effect of that determination under
subsection (a) on the eligibility of that institution for
grants and contracts.
(c) SEMIANNUAL NOTICE IN FEDERAL REGISTER- Each agency shall
publish in the Federal Register once every six months a list of
each institution of higher education that is currently ineligible
for grants and contracts by reason of a determination of the agency
under subsection (a).
(d) DEFINITION- For purposes of this section, the term `directory
information' means, with respect to a student, the student's name,
address, telephone listing, date and place of birth, level of
education, degrees received, and the most recent previous
educational institution enrolled in by the student.
TITLE X--FURTHER AUTHORIZATIONS
SEC. 1001. FURTHER AUTHORIZATIONS.
There are authorized to be appropriated $90,000,000 for the
Manufacturing Extension Partnerships program under sections 25 and
26 of the National Institute of Standards and Technology Act (15
U.S.C. 278k and 278l) for fiscal year 1997. None of the funds
authorized by this section may be used to establish a new Center.
Passed the House of Representatives May 30, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
By Linda Nave,
Deputy Clerk.
