Calendar No. 596

103D CONGRESS

2D SESSION H. R. 3485

[Report No. 103–354]

AN ACT

To authorize appropriations for carrying out the

fiscal years 1994, 1995, and 1996.Earthquake Hazards Reduction Act of 1977 for

AUGUST 22 (legislative day, AUGUST 18), 1994

Reported with an amendment and an amendment to the

title
II

Calendar No. 596

103D CONGRESS

2D SESSION H. R. 3485

[Report No. 103–354]

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

AUGUST 22 (legislative day, AUGUST 18), 1994

Reported by Mr. HOLLINGS, with an amendment and an amendment to the

title

[Strike out all after the enacting clause and insert the part printed in italic]

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

2 the Director’’;

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

4 30, 1992,’’; and

5 (C) by inserting ‘‘, $20,160,000 for the fis6 cal year ending September 30, 1994,

7 $20,805,000 for the fiscal year ending Septem8 ber 30, 1995, and $21,450,000 for the fiscal

9 year ending September 30, 1996’’ after ‘‘Sep10 tember 30, 1993’’;

11 (2) in subsection (b)—

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

13 30, 1992;’’; and

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

15 fiscal year ending September 30, 1994;

16 $51,457,000 for the fiscal year ending Septem17 ber 30, 1995; and $53,052,000 for the fiscal

18 year ending September 30, 1996’’ after ‘‘Sep19 tember 30, 1993’’;

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

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

22 appropriated, out of funds otherwise authorized to

23 be appropriated to the National Science Foundation,

24 $17,500,000 for engineering research under this Act

25 and $10,500,000 for geosciences research under this
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1 Act, for the fiscal year ending September 30, 1994.

2 There are authorized to be appropriated, out of

3 funds otherwise authorized to be appropriated to the

4 National Science Foundation, $18,060,000 for engi5 neering research under this Act and $10,836,000 for

6 geosciences research under this Act, for the fiscal

7 year ending September 30, 1995. There are author8 ized to be appropriated, out of funds otherwise au9 thorized to be appropriated to the National Science

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

11 under this Act and $11,172,000 for geosciences re12 search under this Act, for the fiscal year ending

13 September 30, 1996.’’; and

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

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

16 appropriated, out of funds otherwise authorized to

17 be appropriated to the National Institute of Stand18 ards and Technology, $1,532,000 for the fiscal year

19 ending September 30, 1994. There are authorized to

20 be appropriated, out of funds otherwise authorized

21 to be appropriated to the National Institute of

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

23 year ending September 30, 1995. There are author24 ized to be appropriated, out of funds otherwise au25 thorized to be appropriated to the National Institute
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1 of Standards and Technology, $1,630,000 for the

2 fiscal year ending September 30, 1996.’’.

3 SEC. 2. BUY AMERICAN PROVISIONS.

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

5 funds appropriated pursuant to this Act may be expended

6 by an entity unless the entity agrees that in expending

7 the assistance the entity will comply with sections 2

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

9 10c, popularly known as the ‘‘Buy American Act’’).

10 (b) SENSE OF CONGRESS; REQUIREMENT REGARD11 ING NOTICE.—

12 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

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

14 products that may be authorized to be purchased

15 with financial assistance provided under this Act, it

16 is the sense of the Congress that entities receiving

17 such assistance should, in expending the assistance,

18 purchase only American-made equipment and prod19 ucts.

20 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

21 In providing financial assistance under this Act, the

22 Director of the Federal Emergency Management

23 Agency shall provide to each recipient of the assist24 ance a notice describing the statement made in para25 graph (1) by the Congress.
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1 (c) PROHIBITION OF CONTRACTS.—If it has been fi2 nally determined by a court or Federal agency that any

3 person intentionally affixed a fraudulent label bearing a

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

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

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

7 such person shall be ineligible to receive any contract or

8 subcontract made with funds provided pursuant to this

9 Act, pursuant to the debarment, suspension, and ineligibil10 ity procedures described in section 9.400 through 9.409

11 of title 48, Code of Federal Regulations.

12 (d) RECIPROCITY.—

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

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

15 made with funds authorized under this Act to a

16 company organized under the laws of a foreign coun17 try unless the Director of the Federal Emergency

18 Management Agency finds that such country affords

19 comparable opportunities to companies organized

20 under laws of the United States.

21 (2) EXCEPTION.—(A) The Director of the Fed22 eral Emergency Management Agency may waive the

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

24 services required are not reasonably available from

25 companies organized under the laws of the United
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1 States. Any such waiver shall be reported to the

2 Congress.

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

4 that to do so would violate the General Agreement

5 of Tariffs and Trade or any other international

6 agreement to which the United States is a party.

7 SEC. 3. LIMITATION ON APPROPRIATIONS.

8 No funds are authorized to be appropriated for carry9 ing out the Earthquake Hazards Reduction Act of 1977

10 for any fiscal year other than as provided by the amend11 ments made by this Act.

12 SECTION 1. AUTHORIZATION OF APPROPRIATIONS.

13 Section 12 of the Earthquake Hazards Reduction Act

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

15 (1) in subsection (a)(7)—

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

17 the Director’’;

18 (B) by striking ‘‘and’’ after ‘‘September 30,

19 1992,’’; and

20 (C) by inserting ‘‘, $25,000,000 for the fis21 cal year ending September 30, 1995, and

22 $25,750,000 for the fiscal year ending September

23 30, 1996’’ after ‘‘September 30, 1993’’;

24 (2) in subsection (b)—
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1 (A) by striking ‘‘and’’ after ‘‘September 30,

2 1992;’’; and

3 (B) by inserting ‘‘; $49,200,000 for the fis4 cal year ending September 30, 1995; and

5 $50,676,000 for the fiscal year ending September

6 30, 1996’’ after ‘‘September 30, 1993’’;

7 (3) by adding at the end of subsection (c) the fol8 lowing new sentence: ‘‘There are authorized to be ap9 propriated, out of funds otherwise authorized to be

10 appropriated to the National Science Foundation: (1)

11 $16,200,000 for engineering research and $10,900,000

12 for geosciences research for the fiscal year ending Sep13 tember 30, 1995, and (2) $16,686,000 for engineering

14 research and $11,227,000 for geosciences research for

15 the fiscal year ending September 30, 1996.’’; and

16 (4) by adding at the end of subsection (d) the fol17 lowing new sentence: ‘‘There are authorized to be ap18 propriated, out of funds otherwise authorized to be

19 appropriated to the National Institute of Standards

20 and Technology, $1,900,000 for the fiscal year ending

21 September 30, 1995, and $1,957,000 for the fiscal

22 year ending September 30, 1996.’’.

23 SEC. 2. EARTHQUAKE ENGINEERING ASSESSMENT.

24 (a) ASSESSMENT.—The President shall conduct an

25 assessment of earthquake engineering research and testing
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1 capabilities in the United States. This assessment shall in2 clude—

3 (1) the need for shake tables and other earth4 quake engineering research and testing facilities in

5 the United States;

6 (2) options to cooperate with other countries that

7 have developed complementary earthquake engineering

8 research and testing programs and facilities;

9 (3) projected costs for construction, maintenance,

10 and operation of new earthquake engineering research

11 and testing facilities in the United States; and

12 (4) options and recommendations to provide

13 funding for the construction and operation of new

14 earthquake engineering and testing facilities, includ15 ing the feasibility and advisability of developing a

16 comprehensive earthquake engineering research and

17 testing program within the scope of the Earthquake

18 Hazards Reduction Act of 1977.

19 (b) DEADLINE.—The assessment required by subsection

20 (a) shall be transmitted to Congress within nine months

21 after the date of enactment of this Act.

Amend the title so as to read: ‘‘To authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1995 and 1996.’’.