IIA

103D CONGRESS

1ST SESSION H. R. 3485

IN THE SENATE OF THE UNITED STATES

NOVEMBER 16 (legislative day, NOVEMBER 2), 1993

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

AN ACT

To authorize appropriations for carrying out the Earthquake

Hazards Reduction Act of 1977 for fiscal years 1994,

1995, and 1996.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AUTHORIZATION OF APPROPRIATIONS.

4 Section 12 of the Earthquake Hazards Reduction Act

5 of 1977 (42 U.S.C. 7706) is amended—

6 (1) in subsection (a)(7)—

7 (A) by inserting ‘‘of the Agency’’ after ‘‘to

8 the Director’’;
2

•HR 3485 RFS

1 (B) by striking ‘‘and’’ after ‘‘September

2 30, 1992,’’; and

3 (C) by inserting ‘‘, $20,160,000 for the fis4 cal year ending September 30, 1994,

5 $20,805,000 for the fiscal year ending Septem6 ber 30, 1995, and $21,450,000 for the fiscal

7 year ending September 30, 1996’’ after ‘‘Sep8 tember 30, 1993’’;

9 (2) in subsection (b)—

10 (A) by striking ‘‘and’’ after ‘‘September

11 30, 1992;’’; and

12 (B) by inserting ‘‘; $49,861,000 for the

13 fiscal year ending September 30, 1994;

14 $51,457,000 for the fiscal year ending Septem15 ber 30, 1995; and $53,052,000 for the fiscal

16 year ending September 30, 1996’’ after ‘‘Sep17 tember 30, 1993’’;

18 (3) by adding at the end of subsection (c) the

19 following new sentences: ‘‘There are authorized to be

20 appropriated, out of funds otherwise authorized to

21 be appropriated to the National Science Foundation,

22 $17,500,000 for engineering research under this Act

23 and $10,500,000 for geosciences research under this

24 Act, for the fiscal year ending September 30, 1994.

25 There are authorized to be appropriated, out of
3

•HR 3485 RFS

1 funds otherwise authorized to be appropriated to the

2 National Science Foundation, $18,060,000 for engi3 neering research under this Act and $10,836,000 for

4 geosciences research under this Act, for the fiscal

5 year ending September 30, 1995. There are author6 ized to be appropriated, out of funds otherwise au7 thorized to be appropriated to the National Science

8 Foundation, $18,620,000 for engineering research

9 under this Act and $11,172,000 for geosciences re10 search under this Act, for the fiscal year ending

11 September 30, 1996.’’; and

12 (4) by adding at the end of subsection (d) the

13 following new sentences: ‘‘There are authorized to be

14 appropriated, out of funds otherwise authorized to

15 be appropriated to the National Institute of Stand16 ards and Technology, $1,532,000 for the fiscal year

17 ending September 30, 1994. There are authorized to

18 be appropriated, out of funds otherwise authorized

19 to be appropriated to the National Institute of

20 Standards and Technology, $1,581,000 for the fiscal

21 year ending September 30, 1995. There are author22 ized to be appropriated, out of funds otherwise au23 thorized to be appropriated to the National Institute

24 of Standards and Technology, $1,630,000 for the

25 fiscal year ending September 30, 1996.’’.
4

•HR 3485 RFS

1 SEC. 2. BUY AMERICAN PROVISIONS.

2 (a) COMPLIANCE WITH BUY AMERICAN ACT.—No

3 funds appropriated pursuant to this Act may be expended

4 by an entity unless the entity agrees that in expending

5 the assistance the entity will comply with sections 2

6 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

7 10c, popularly known as the ‘‘Buy American Act’’).

8 (b) SENSE OF CONGRESS; REQUIREMENT REGARD9 ING NOTICE.—

10 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

11 AND PRODUCTS.—In the case of any equipment or

12 products that may be authorized to be purchased

13 with financial assistance provided under this Act, it

14 is the sense of the Congress that entities receiving

15 such assistance should, in expending the assistance,

16 purchase only American-made equipment and prod17 ucts.

18 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

19 In providing financial assistance under this Act, the

20 Director of the Federal Emergency Management

21 Agency shall provide to each recipient of the assist22 ance a notice describing the statement made in para23 graph (1) by the Congress.

24 (c) PROHIBITION OF CONTRACTS.—If it has been fi25 nally determined by a court or Federal agency that any

26 person intentionally affixed a fraudulent label bearing a
5

•HR 3485 RFS

1 ‘‘Made in America’’ inscription, or any inscription with the

2 same meaning, to any product sold in or shipped to the

3 United States that was not made in the United States,

4 such person shall be ineligible to receive any contract or

5 subcontract made with funds provided pursuant to this

6 Act, pursuant to the debarment, suspension, and ineligibil7 ity procedures described in section 9.400 through 9.409

8 of title 48, Code of Federal Regulations.

9 (d) RECIPROCITY.—

10 (1) GENERAL RULE.—Except as provided in

11 paragraph (2), no contract or subcontract may be

12 made with funds authorized under this Act to a

13 company organized under the laws of a foreign coun14 try unless the Director of the Federal Emergency

15 Management Agency finds that such country affords

16 comparable opportunities to companies organized

17 under laws of the United States.

18 (2) EXCEPTION.—(A) The Director of the Fed19 eral Emergency Management Agency may waive the

20 rule stated under paragraph (1) if the products or

21 services required are not reasonably available from

22 companies organized under the laws of the United

23 States. Any such waiver shall be reported to the

24 Congress.
6

•HR 3485 RFS

1 (B) Paragraph (1) shall not apply to the extent

2 that to do so would violate the General Agreement

3 of Tariffs and Trade or any other international

4 agreement to which the United States is a party.

5 SEC. 3. LIMITATION ON APPROPRIATIONS.

6 No funds are authorized to be appropriated for carry7 ing out the Earthquake Hazards Reduction Act of 1977

8 for any fiscal year other than as provided by the amend9 ments made by this Act.

Passed the House of Representatives November 15,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.