```

[Journal of the House of Representatives, 1995]
[Thursday, October 12, 1995 (127), Para 127.26 Roll No. 712]
[Pages 1523-1526]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.127.26                  [Roll No. 712]

                                AYES--177

     Abercrombie
     Ackerman
     Baesler
     Baldacci
     Barcia
     Becerra
     Beilenson
     Bentsen
     Berman
     Bevill
     Bishop
     Bonior
     Borski
     Boucher
     Brewster
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant (TX)
     Cardin
     Clay
     Clayton
     Clement
     Clyburn
     Coleman
     Collins (IL)
     Collins (MI)
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Danner
     de la Garza
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Durbin
     Edwards
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Filner
     Flake
     Frank (MA)
     Frost
     Furse
     Gejdenson
     Gibbons
     Gonzalez
     Gordon
     Green
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hamilton
     Harman
     Hastings (FL)
     Hayes
     Hefner
     Hilliard
     Hinchey
     Holden
     Houghton
     Hoyer
     Jackson-Lee
     Jefferson
     Johnson (SD)
     Johnson, E. B.
     Johnston
     Kanjorski
     Kaptur
     Kennedy (MA)
     Kennedy (RI)
     Kildee
     Kleczka
     Klink
     LaFalce
     Lantos
     Levin
     Lewis (GA)
     Lincoln
     Lipinski
     Lofgren
     Lowey
     Luther
     Maloney
     Manton
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy
     McDermott
     McHale
     McKinney
     McNulty
     Meek
     Menendez
     Mfume
     Miller (CA)
     Minge
     Mink
     Montgomery
     Moran
     Murtha
     Neal
     Oberstar
     Olver
     Ortiz
     Orton
     Pallone
     Pastor
     Payne (NJ)
     Payne (VA)
     Pelosi
     Peterson (FL)
     Peterson (MN)
     Pickett
     Pomeroy
     Poshard
     Rahall
     Rangel
     Reed
     Richardson
     Rivers
     Roemer
     Rose
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Schroeder
     Scott
     Serrano
     Sisisky
     Skaggs
     Skelton
     Slaughter
     Spratt
     Stark
     Stenholm
     Stokes
     Studds
     Stupak
     Tanner
     Taylor (MS)
     Thompson
     Thornton
     Thurman
     Torres
     Towns
     Velazquez
     Vento
     Visclosky
     Ward
     Waters
     Watt (NC)
     Waxman
     Williams
     Wilson
     Wise
     Woolsey
     Wyden
     Wynn
     Yates

                                NOES--229

     Allard
     Andrews
     Archer
     Armey
     Bachus
     Baker (CA)
     Baker (LA)
     Ballenger
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Bass
     Bateman
     Bereuter
     Bilbray
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bono
     Brownback
     Bryant (TN)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Castle
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Chrysler
     Clinger
     Coble
     Coburn
     Collins (GA)
     Combest
     Cooley
     Crapo
     Cremeans
     Cubin
     Cunningham
     Davis
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     English
     Ensign
     Everett
     Ewing
     Fawell
     Fields (TX)
     Flanagan
     Foley
     Forbes
     Fowler
     Fox
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Funderburk
     Gallegly
     Ganske
     Gekas
     Geren
     Gilchrest
     Gillmor
     Gilman
     Goodlatte
     Goodling
     Goss
     Graham
     Greenwood
     Gunderson
     Gutknecht
     Hancock
     Hansen
     Hastert
     Hastings (WA)
     Hayworth
     Hefley
     Heineman
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Horn
     Hostettler
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jacobs
     Johnson (CT)
     Johnson, Sam
     Jones
     Kasich
     Kelly
     Kim
     King
     Kingston
     Klug
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Linder
     Livingston
     LoBiondo
     Longley
     Lucas
     Manzullo
     Martini
     McCrery
     McHugh
     McInnis
     McIntosh
     McKeon
     Meehan
     Metcalf
     Meyers
     Mica
     Miller (FL)
     Molinari
     Moorhead
     Morella
     Myers
     Myrick
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Obey
     Oxley
     Packard
     Parker
     Paxon
     Petri
     Pombo
     Porter
     Pryce
     Quillen
     Quinn
     Radanovich
     Ramstad
     Regula
     Riggs
     Roberts
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaefer
     Schiff
     Seastrand
     Sensenbrenner
     Shadegg
     Shaw
     Shays
     Shuster
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Stearns
     Stockman
     Stump
     Talent
     Tate
     Tauzin
     Taylor (NC)
     Thomas
     Thornberry
     Tiahrt
     Torkildsen
     Traficant
     Upton
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Wolf
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                             NOT VOTING--26

     Barton
     Bilirakis
     Chapman
     Cox
     Crane
     Dornan
     Emerson
     Fazio
     Fields (LA)
     Foglietta
     Ford
     Gephardt
     Kennelly
     McCollum
     McDade
     Moakley
     Mollohan
     Nadler
     Owens
     Portman
     Roth
     Schumer
     Tejeda
     Torricelli
     Tucker
     Volkmer
  So the amendment in the nature of a substitute was not agreed to.
  The SPEAKER pro tempore, Mr. DICKEY, assumed the Chair.
  When Mr. KINGSTON, Chairman, pursuant to House Resolution 234, 
reported the bill back to the House with sundry amendments adopted by 
the Committee.
  The previous question having been ordered by said resolution.
  The following amendments, reported from the Committee of the Whole 
House on the state of the Union, were agreed to:

       Page 10, strike line 1 through line 7.

       Page 29, line 18, insert ``, 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'' 
     after ``$293,200,000''.

       Page 79, after line 16, insert the following new section:

     SEC. 257. USE OF ABANDONED AND UNDERUTILIZED BUILDINGS, 
                   GROUNDS, AND TO 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.
       Page 3, after the item in the table of contents relating to 
     section 256, insert the following:
       Sec. 257. Use of abandoned and underutilized building, 
     grounds, and facilities.

       Page 64, line 14, through page 67, line 2, amend subsection 
     (c) to read as follows:

[[Page 1524]]

       (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, on 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 1996, 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) Along with the initial publication of proposed 
     regulations under paragraph (2), the Administrator shall 
     include a list of those experimental, developmental, or 
     research activities or programs conducted by, or funded in 
     whole or in part by, the Administration that may result in 
     products or processes of significant value in maintaining 
     leadership or competitiveness in civil and governmental 
     aeronautical and space activities by the United States 
     industrial base. Such list shall be updated biannually.
       ``(5) The Administrator shall annually report to the 
     Congress all determinations made under paragraph (1).
       ``(6) 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.''. 

       Page 74, after line 23, insert the following new 
     subsection:
       (e) 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. 

       Page 76, line 16, strike ``30'' and insert in lieu thereof 
     ``60''.
       Page 76, line 18, insert ``which meet the microgravity 
     flight needs of the National Aeronautics and Space 
     Administration,'' after ``to provide services''.
       Page 76, line 21, insert ``as specified in paragraph (3)'' 
     after ``to the private sector''.
       Page 76, line 25, strike ``, and'' and insert in lieu 
     thereof ``to a microgravity flight provider certified by the 
     Federal Aviation Administration, and, except as provided in 
     paragraph (4),''.
       Page 77, after line 9, insert the following new paragraphs:
       (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.

       Page 90, line 16, strike ``$49,955,000'' and insert 
     ``$121,265,000.''
       Page 90, line 17, strike ``$43,234,000'' and insert 
     ``$55,714,000.''
       Page 90, line 20, strike ``$59,829,000'' and insert 
     ``$112,186,000.''
       Page 90, line 22, strike ``$45,535,000'' and insert 
     ``$66,597,000.''
       Page 90, line 23, strike ``$476,000'' and insert 
     ``$1,701,000.''
       Page 91, line 3, strike ``$1,994,000'' and insert 
     ``$2,304,000.''
       Page 91, line 5, strike ``$7,557,000'' and insert 
     ``$6,295,000.''
       Page 91, line 7, strike ``$12,370,000'' and insert 
     ``$14,919,000.''
       Page 91, after 7, insert the following new paragraph:
       (9) Fuels Conversion, Natural Gas, and Electricity, 
     $2,687,000.
       Page 91, line 13, strike ``$55,074,000'' and insert 
     ``$88,645,000.''
       Page 91, line 14, strike ``$55,110,000'' and insert 
     ``$109,518,000.''
       Page 91, line 15, strike ``$112,123,000'' and insert 
     ``$176,568,000.''
       Page 91, line 17, strike ``$7,813,000'' and insert 
     ``$31,600,000.''
       Page 91, after line 17, insert the following:
       (5) Policy and Management--Energy Conservation, $7,666,000.
       (e) FISCAL YEAR 1997.--There are authorized to be 
     appropriated to the Secretary for fiscal year 1997 for 
     operating, capital equipment, and construction, the following 
     amounts:
       (1) Energy Supply Research and Development Activities, 
     $2,600,000,000.
       (2) General Science and Research Activities, $950,000,000.
       (3) Fossil Energy Research and Development, $220,950,000.
       (4) Energy Conservation Research and Development, 
     $230,120,000.
       Page 93, strike lines 3 and 4 and lines 21 and 22; and 
     redesignate the subparagraphs accordingly.
       Page 103, line 24, strike ``Unobligated'' and insert in 
     lieu thereof ``Subject to further appropriations, 
     unobligated''.

       Page 90, lines 17 through 19, strike ``, including'' and 
     all that follows through ``Energy Research''.
       Page 109, line 10, strike ``$8,757,000'' and insert in lieu 
     thereof ``$86,757,000''.
       Page 116, lines 19 and 20, strike ``Committee on Science'' 
     and insert in lieu thereof ``Committee on Science and the 
     Committee on Resources''.
       Page 119, lines 9 through 23, strike paragraphs (1) and (2) 
     and insert in lieu thereof the following:
       (1) Service contracts.--Notwithstanding any other provision 
     of law and subject to the availability of appropriations, the 
     Secretary shall enter into contracts, including multiyear 
     contracts, subject to paragraph (3), for the use of vessels 
     to conduct oceanographic research and fisheries research, 
     monitoring, enforcement, and management, and to acquire other 
     data necessary to carry out the missions of the National 
     Oceanic and Atmospheric Administration. The Secretary shall 
     enter into these contracts unless--
       (A) the cost of the contract is more than the cost 
     (including the cost of vessel operation, maintenance, and all 
     personnel) to the National Oceanic and Atmospheric 
     Administration of obtaining those services on vessels of the 
     National Oceanic and Atmospheric Administration;
       (B) the contract is for more than 7 years; or
       (C) the data is acquired through a vessel agreement 
     pursuant to paragraph (4).
       (2) Vessels.--The Secretary may not enter into any contract 
     for the construction, lease-purchase, upgrade, or service 
     life extension of any vessel.
       (3) Multiyear contracts.--
       (A) In general.--Subject to subparagraphs (B) and (C), and 
     notwithstanding section 1341 of title 31, United States Code, 
     and section 11 of title 41, United States Code, the Secretary 
     may acquire data under multiyear contracts.
       (B) Required findings.--The Secretary may not enter into a 
     contract pursuant to this paragraph unless the Secretary 
     finds with respect to that contract that there is a 
     reasonable expectation that throughout the contemplated 
     contract period the Secretary will request from Congress 
     funding for the contract at the level required to avoid 
     contract termination.
       (C) Required provisions.--The Secretary may not enter into 
     a contract pursuant to this paragraph unless the contract 
     includes--
       (i) a provision under which the obligation of the United 
     States to make payments under the contract for any fiscal 
     year is subject to the availability of appropriations 
     provided in advance for those payments;
       (ii) a provision that specifies the term of effectiveness 
     of the contract; and
       (iii) appropriate provisions under which, in case of any 
     termination of the contract before the end of the term 
     specified pursuant to clause (ii), the United States shall 
     only be liable for the lesser of--

       (I) an amount specified in the contract for such a 
     termination; or
       (II) amounts that were appropriated before the date of the 
     termination for the performance of the contract or for 
     procurement of the type of acquisition covered by the 
     contract and are unobligated on the date of the termination.

       (4) Vessel agreements.--The Secretary shall use excess 
     capacity of University National Oceanographic Laboratory 
     System vessels where appropriate and may enter into memoranda 
     of agreement with the operators of these vessels to carry out 
     this requirement.
       Page 119, line 24, strike ``(3)'' and insert in lieu 
     thereof ``(5)''.
       Page 120, lines 3 and 4, strike ``, including activities 
     described in paragraphs (1) and (2),''.
       Page 121, line 3, insert ``(as of September 30, 1996)'' 
     after ``Observation Buoys''.
       Page 121, lines 6 through 8, strike paragraph (7).
       Page 121, lines 9, 11, 12, 13, and 15, redesignate 
     paragraphs (8), (9), (10), (11), and (12) as paragraphs (7), 
     (8), (9), (10), and (11), respectively.
       Page 121, lines 16 through 18, strike paragraphs (13) and 
     (14).
       Page 121, lines 19, 20, 22, and 24, and page 122, line 1, 
     redesignate paragraphs (15), (16), (17), (18), and (19) as 
     paragraphs (12), (13), (14), (15), and (16), respectively.

[[Page 1525]]

       Page 123, line 19, through page 124, line 6, amend section 
     443 to read as follows:

     SEC. 443. TERMINATION OF THE CORPS OF COMMISSIONED OFFICERS.

       (a) Number of Officers.--Notwithstanding section 8 of the 
     Act of June 3, 1948 (33 U.S.C. 853g), the total number of 
     commissioned officers on the active list of the National 
     Oceanic and Atmospheric Administration shall not exceed 358 
     for fiscal year 1996. No commissioned officers are authorized 
     for any fiscal year after fiscal year 1996.
       (b) Severance Pay.--Commissioned officers may be separated 
     from the active list of the National Oceanic and Atmospheric 
     Administration. In lieu of separation pay, officers so 
     separated shall be eligible only for severance pay in 
     accordance with the terms and conditions of section 5595 of 
     title 5, United States Code, and only to the extent provided 
     in advance in appropriations Acts.
       (c) Transfer.--(1) Subject to the approval of the Secretary 
     of Defense and under terms and conditions specified by the 
     Secretary, commissioned officers subject to subsection (a) 
     may transfer to the armed services under section 716 of title 
     10, United States Code.
       (2) Subject to the approval of the Secretary of 
     Transportation and under terms and conditions specified by 
     the Secretary, commissioned officers subject to subsection 
     (a) may transfer to the United States Coast Guard under 
     section 716 of title 10, United States Code.
       (3) Subject to the approval of the Administrator of the 
     National Oceanic and Atmospheric Administration and under 
     terms and conditions specified by that Administrator, 
     commissioned officers subject to subsection (a) may be 
     employed by the National Oceanic and Atmospheric 
     Administration as members of the civil service.
       (d) Repeals.--(1) The following provisions of law are 
     repealed:
       (A) The Coast and Geodetic Survey Commissioned Officers' 
     Act of 1948 (33 U.S.C. 853a-853o, 853p-853u).
       (B) The Act of February 16, 1929 (Chapter 221, section 5; 
     45 Stat. 1187; 33 U.S.C. 852a).
       (C) The Act of January 19, 1942 (Chapter 6; 56 Stat. 6).
       (D) Section 9 of Public Law 87-649 (76 Stat. 495).
       (E) The Act of May 22, 1917 (Chapter 20, section 16; 40 
     Stat. 87; 33 U.S.C. 854 et seq.).
       (F) The Act of December 3, 1942 (Chapter 670; 56 Stat. 
     1038.
       (G) Sections 1 through 5 of Public Law 91-621 (84 Stat. 
     1863; 33 U.S.C. 857-1 et seq.).
       (H) The Act of August 10, 1956 (Chapter 1041, section 3; 
     70A Stat. 619; 33 U.S.C. 857a).
       (I) The Act of May 18, 1920 (Chapter 190, section 11; 41 
     Stat. 603; 33 U.S.C. 864).
       (J) The Act of July 22, 1947 (Chapter 286; 61 Stat. 400; 33 
     U.S.C. 873, 874).
       (K) The Act of August 3, 1956 (Chapter 932; 70 Stat. 988; 
     33 U.S.C. 875, 876).
       (L) All other Acts inconsistent with this subsection.

     Following the repeal of provisions under this paragraph, all 
     retirement benefits for the NOAA Corps which are in existence 
     on September 30, 1996, shall continue to apply to eligible 
     NOAA Corps officers and retirees.
       (2) The effective date of the repeals under paragraph (1) 
     shall be October 1, 1996.
       (e) Abolition.--The Office of the National Oceanic and 
     Atmospheric Administration Corps of Operations and the 
     Commissioned Personnel Center are abolished effective 
     September 30, 1996.
       Page 4, amend the item in the table of contents relating to 
     section 443 to read as follows:

Sec. 443. Termination of the corps of commissioned officers.

       Page 126, line 14, through page 127, line 9, strike section 
     453.
       Page 127, line 10, and page 128, lines 1 and 11, 
     redesignate sections 454, 455, and 456 as sections 453, 454, 
     and 455, respectively.
       Page 129, after line 9, insert the following new sections:

     SEC. 456. CONVEYANCE OF NATIONAL MARINE FISHERIES SERVICE 
                   LABORATORY AT GLOUCESTER, MASSACHUSETTS.

       (a) Conveyance Required.--
       (1) In general.--The Secretary shall convey to the 
     Commonwealth of Massachusetts all right, title, and interest 
     of the United States in and to the property comprising the 
     National Marine Fisheries Service laboratory located on 
     Emerson Avenue in Gloucester, Massachusetts.
       (2) Terms.--A conveyance of property under paragraph (1) 
     shall be made--
       (A) without payment of consideration; and
       (B) subject to the terms and conditions specified under 
     subsections (b) and (c).
       (b) Conditions for Transfer.--
       (1) In general.--As a condition of any conveyance of 
     property under this section, the Commonwealth of 
     Massachusetts shall assume full responsibility for 
     maintenance of the property for as long as the Commonwealth 
     retains the right and title to that property.
       (2) Continued use of property by nmfs.--The Secretary may 
     enter into a memorandum of understanding with the 
     Commonwealth of Massachusetts under which the National Marine 
     Fisheries Service is authorized to occupy existing laboratory 
     space on the property conveyed under this section, if--
       (A) the term of the memorandum of understanding is for a 
     period of not longer than 5 years beginning on the date of 
     enactment of this Act; and
       (B) the square footage of the space to be occupied by the 
     National Marine Fisheries Service does not conflict with the 
     needs of, and is agreeable to, the Commonwealth of 
     Massachusetts.
       (c) Reversionary Interest.--All right, title, and interest 
     in and to all property conveyed under this section shall 
     revert to the United States on the date on which the 
     Commonwealth of Massachusetts uses any of the property for 
     any purpose other than the Commonwealth of Massachusetts 
     Division of Marine Fisheries resource management program.

     SEC. 457. CLEANUP OF NOAA FACILITIES.

       (a) In General.--The Secretary shall cleanup landfills, 
     wastes, dumps, debris, storage tanks, property, hazardous or 
     unsafe conditions, and contaminants (including, without 
     limitation, petroleum products and their derivatives), on 
     lands which the National Oceanic and Atmospheric 
     Administration and its predecessor agencies abandoned, 
     quitclaimed, or otherwise transferred, or is obligated to 
     transfer, to local entities or landowners on the Pribilof 
     Islands, Alaska, pursuant to the Fur Seal Act of 1966 (16 
     U.S.C. 1161 et seq.).
       (b) Specific Requirements.--To carry out subsection (a), 
     the Secretary shall--
       (1) by December 31, 1995, execute agreements with the State 
     of Alaska, affected local entities and landowners, and in the 
     case of new landfills, the Indian Health Service;
       (2) manage the cleanup required in subsection (a) with the 
     minimum possible Federal overhead, delay, and duplication of 
     State and local planning and design work;
       (3) receive approval of the State of Alaska for the cleanup 
     plans prepared as a result of the agreements described in 
     subsection (b)(1) where said cleanup is required by State 
     law;
       (4) receive approval of affected local entities and 
     landowners before conducting cleanup work on their property, 
     if such approval is not obtained by agreement in accordance 
     with paragraph (5);
       (5) to the maximum extent possible, and notwithstanding any 
     other law, carry out duties under this Act and under other 
     Federal laws on the Pribilof Islands through contracts, 
     grants, or cooperative agreements, including agreements on a 
     reimbursable basis, with the local entities and landowners 
     and with residents of the Pribilof Islands; and
       (6) not require financial contributions by or from local 
     entities or landowners.
       (c) Contents of Agreements.--The agreements described in 
     subsection (b)(1) shall--
       (1) require the Secretary to clean up all sites referred to 
     in subsection (a), as soon as possible;
       (2) specify the Secretary's responsibility to--
       (A) contribute to the planning and construction of new or 
     redeveloped landfills;
       (B) provide technical and financial assistance and training 
     to the local entities and landowners and residents of the 
     Pribilof Islands; and
       (C) to the greatest extent possible, secure their 
     participation in carrying out this section.
       (d) Definitions.--For purposes of this section--
       (1) the term ``cleanup'' means, without limitation, 
     planning and execution of remediation actions for lands 
     described in subsection (a) and redevelopment of landfills to 
     meet regulatory requirements; and
       (2) the term ``local entities and landowners'' means those 
     local political subdivisions and entities that have received 
     or are eligible to receive lands under the Fur Seal Act of 
     1966 (16 U.S.C. 1161 et seq.).
       Page 4, strike the items in the table of contents relating 
     to sections 453 through 456 and insert in lieu thereof the 
     following:

Sec. 453. Eligibility for awards.
Sec. 454. Prohibition of lobbying activities.
Sec. 455. Report on laboratories.
Sec. 456. Conveyance of National Marine Fisheries Service laboratory at 
              Gloucester, Massachusetts.
Sec. 457. Cleanup of NOAA facilities.
       At the appropriate place in Title IV insert the following:

     SEC.   . OCEAN APPLICATIONS BRANCH.

       (a) Establishment.--The Secretary of Commerce shall 
     establish and maintain within the Administration a program to 
     be known as the Ocean Applications Branch (in this section 
     referred to as the ``Branch'').
       (b) Purpose.--The purpose of the Branch shall be to make 
     oceanographic and other information developed by the 
     Department of Defense Fleet Numerical Meteorology and 
     Oceanography Center available for private, educational, and 
     government use pursuant to agreement between the Secretary of 
     Defense and the Secretary of Commerce. It shall be the goal 
     of the Secretary of Commerce to support the activities of the 
     Ocean Applications Branch through user fees.
       (c) Limitation on Closure.--The Secretary of Commerce shall 
     not terminate operation of the Branch, before the Branch 
     fully funds its operations through private sources, including 
     user fees, or fiscal year 1996, whichever comes first.
       Page 114, line 19, strike ``(a) Marine Prediction 
     Research.--''.
       Page 115, strike lines 1 through 17.
       Page 122, strike lines 10 through 21 (and redesignate the 
     subsequent subsection accordingly).
       On page 122, line 5, strike ``Science'' and insert instead 
     ``Resources and the Committee on Science''.
       Page 115, line 7, strike ``$34,500,000'' and insert in lieu 
     thereof ``$51,000,000''.
       Page 115, line 12, strike ``$1,500,000'' and insert in lieu 
     thereof ``$2,000,000''.
       Page 108, line 9, through page 109, line 4, amend 
     subsection (g) to read as follows:

[[Page 1526]]

       (g) Weather Service Modernization.--Title VII of the 
     National Oceanic and Atmospheric Administration Authorization 
     Act of 1992 is amended--
       (1) in section 706--
       (A) by amending subsection (b)(6) to read as follows:
       ``(6) any recommendations of the Committee submitted under 
     section 707(c) that evaluate the certification.'';
       (B) by striking ``60-day'' in subsection (c)(2) and 
     inserting in lieu thereof ``30-day'';
       (C) by amending subsection (d) to read as follows:
       ``(d) Final Decision.--If the Secretary decides to close, 
     consolidate, automate, or relocate any such field office, the 
     Secretary shall publish the certification in the Federal 
     Register and submit the certification to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Science of the House of Representatives.''; and
       (D) by amending subsection (f) to read as follows:
       ``(f) Transition Program.--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) by amending section 707(c) to read as follows:
       ``(c) Duties.--The Committee may review any certification 
     under section 706 for which the Secretary has provided a 
     notice of intent to certify in the plan, including any 
     certification for which there is a significant potential for 
     degradation of service within the affected area. Upon the 
     request of the Committee, the Secretary shall make available 
     to the Committee the supporting documents developed by the 
     Secretary in connection with the certification. The Committee 
     shall evaluate any certification reviewed on the basis of the 
     modernization criteria and with respect to the requirement 
     that there be no degradation of service, and advise the 
     Secretary accordingly.''.
       Page 109, after line 4, insert the following new 
     subsection:
       (h) 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 the 
     NEXRAD's 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 NEXRAD's.
       (2) NEXRAD's 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.
       On page 110, after line 5 insert the following new sub-
     section:
       ``(d) Nothing in this Act shall preclude the National 
     Oceanic and Atmospheric Administration from carrying out 
     studies of long term climate and global change.''
       Page 109, after line 4, insert the following new 
     subsection:
       (h) Report.--Section 704 of the Weather Service 
     Modernization Act (15 U.S.C. 313 note) is amended by adding 
     at the end the following new subsection:
       ``(c) Report.--The Secretary shall contract with the 
     National Research Council for a review of the NEXRAD Network 
     radar coverage pattern as indicated in the 1996 National 
     Implementation Plan of the National Weather Service for a 
     determination of areas of inadequate radar coverage. In 
     conducting such a review, the National Research Council shall 
     prepare and submit to the Secretary, no later than 6 months 
     after the date of the enactment of this Act, a report which 
     assesses the feasibility of existing and future Federal 
     Aviation Administration Terminal Doppler Weather Radars to 
     provide reliable weather radar data, in a cost-efficient 
     manner, to nearby weather forecast offices.

     The Secretary shall report to the Committee on Science of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate, not later than 60 
     days after receiving the report under this subsection, on 
     recommendations to implement the findings in such report.
       Page 144, after line 25, insert he following:
       ``(e) Commingling.--It shall be unlawful for any 
     manufacturer, importer, or private label distributor to 
     commingle like fastener from different lots in the same 
     container, except that such manufacturer, importer, or 
     private label distributor may commingle like fasteners of the 
     same type, grade, and dimension from not more than two tested 
     and certified lots in the same container during repackaging 
     and plating operations. Any container which contains 
     fasteners from two lots shall be conspicuously marked with 
     the lot identification numbers of both lots.
       Page 145, line 1, strike ``(e)'' and insert in lieu thereof 
     ``(f)''.
       Page 149, after line 23, insert the following new section:

     SEC. 612. AVAILABLE FUNDING.

       Nothing in this title prohibits the National Institute of 
     Standards and Technology from using available funds to 
     perform standards related research and development activities 
     relating to environmental technologies, health care, 
     information infrastructure, and construction technologies.
       Page 4, after the item in the table of contents relating to 
     section 611, insert the following:

Sec. 612. Available funding.
       Page 152, after line 19, insert the following new title:

                        TITLE VIII--BUY AMERICAN

     SEC. 801. 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.
       Page 4, after the items in the table of contents relating 
     to title VII, insert the following:

                        TITLE VIII--BUY AMERICAN

Sec. 801. Buy American.
  The bill, as amended, was ordered to be engrossed and read a third 
time, was read a third time by title.
  The question being put, viva voce,
  Will the House pass said bill?
  The SPEAKER pro tempore, Mr. DICKEY, announced that the yeas had it.
  Mr. BROWN of California demanded that the vote be taken by the yeas 
and nays, which demand was supported by one-fifth of the Members 
present, so the yeas and nays were ordered.
  The vote was taken by electronic device.

It was decided in the

Yeas

248

affirmative

Nays

161
```