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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. 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)—
HR 3485 RS
(A) by inserting ‘‘of the Agency’’ after ‘‘to
the Director’’;
(B) by striking ‘‘and’’ after ‘‘September
30, 1992,’’; and
(C) by inserting ‘‘, $20,160,000 for the fis-
cal
year
ending
September
30,
1994,
$20,805,000 for the fiscal year ending Septem-
ber 30, 1995, and $21,450,000 for the fiscal
year ending September 30, 1996’’ after ‘‘Sep-
tember 30, 1993’’;
(2) in subsection (b)—
(A) by striking ‘‘and’’ after ‘‘September
30, 1992;’’; and
(B) by inserting ‘‘; $49,861,000 for the
fiscal
year
ending
September
30,
1994;
$51,457,000 for the fiscal year ending Septem-
ber 30, 1995; and $53,052,000 for the fiscal
year ending September 30, 1996’’ after ‘‘Sep-
tember 30, 1993’’;
(3) by adding at the end of subsection (c) the
following new sentences: ‘‘There are authorized to be
appropriated, out of funds otherwise authorized to
be appropriated to the National Science Foundation,
$17,500,000 for engineering research under this Act
and $10,500,000 for geosciences research under this
HR 3485 RS
Act, for the fiscal year ending September 30, 1994.
There are authorized to be appropriated, out of
funds otherwise authorized to be appropriated to the
National Science Foundation, $18,060,000 for engi-
neering research under this Act and $10,836,000 for
geosciences research under this Act, for the fiscal
year ending September 30, 1995. There are author-
ized to be appropriated, out of funds otherwise au-
thorized to be appropriated to the National Science
Foundation, $18,620,000 for engineering research
under this Act and $11,172,000 for geosciences re-
search under this Act, for the fiscal year ending
September 30, 1996.’’; and
(4) by adding at the end of subsection (d) the
following new sentences: ‘‘There are authorized to be
appropriated, out of funds otherwise authorized to
be appropriated to the National Institute of Stand-
ards and Technology, $1,532,000 for the fiscal year
ending September 30, 1994. There are authorized to
be appropriated, out of funds otherwise authorized
to be appropriated to the National Institute of
Standards and Technology, $1,581,000 for the fiscal
year ending September 30, 1995. There are author-
ized to be appropriated, out of funds otherwise au-
thorized to be appropriated to the National Institute
HR 3485 RS
of Standards and Technology, $1,630,000 for the
fiscal year ending September 30, 1996.’’.
SEC. 2. BUY AMERICAN PROVISIONS.
(a) COMPLIANCE WITH BUY AMERICAN ACT.—No
funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending
the assistance the entity will comply with sections 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c, popularly known as the ‘‘Buy American Act’’).
(b) SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
products that may be authorized to be purchased
with financial assistance provided under this Act, it
is the sense of the Congress that entities receiving
such assistance should, in expending the assistance,
purchase only American-made equipment and prod-
ucts.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance under this Act, the
Director of the Federal Emergency Management
Agency shall provide to each recipient of the assist-
ance a notice describing the statement made in para-
graph (1) by the Congress.
HR 3485 RS
(c) PROHIBITION OF CONTRACTS.—If it has been fi-
nally determined by a court or Federal agency that any
person intentionally affixed a fraudulent label bearing a
‘‘Made in America’’ inscription, or any inscription with the
same meaning, to any product sold in or shipped to the
United States that was not made in the United States,
such person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this
Act, pursuant to the debarment, suspension, and ineligibil-
ity procedures described in section 9.400 through 9.409
of title 48, Code of Federal Regulations.
(d) RECIPROCITY.—
(1) GENERAL
RULE.—Except as provided in
paragraph (2), no contract or subcontract may be
made with funds authorized under this Act to a
company organized under the laws of a foreign coun-
try unless the Director of the Federal Emergency
Management Agency finds that such country affords
comparable opportunities to companies organized
under laws of the United States.
(2) EXCEPTION.—(A) The Director of the Fed-
eral Emergency Management Agency may waive the
rule stated under paragraph (1) if the products or
services required are not reasonably available from
companies organized under the laws of the United
HR 3485 RS
(A) by striking ‘‘and’’ after ‘‘September 30,
1992;’’; and
(B) by inserting ‘‘; $49,200,000 for the fis-
cal year ending September 30, 1995; and
$50,676,000 for the fiscal year ending September
30, 1996’’ after ‘‘September 30, 1993’’;
(3) by adding at the end of subsection (c) the fol-
lowing new sentence: ‘‘There are authorized to be ap-
propriated, out of funds otherwise authorized to be
appropriated to the National Science Foundation: (1)
$16,200,000 for engineering research and $10,900,000
for geosciences research for the fiscal year ending Sep-
tember 30, 1995, and (2) $16,686,000 for engineering
research and $11,227,000 for geosciences research for
the fiscal year ending September 30, 1996.’’; and
(4) by adding at the end of subsection (d) the fol-
lowing new sentence: ‘‘There are authorized to be ap-
propriated, out of funds otherwise authorized to be
appropriated to the National Institute of Standards
and Technology, $1,900,000 for the fiscal year ending
September 30, 1995, and $1,957,000 for the fiscal
year ending September 30, 1996.’’.
SEC. 2. EARTHQUAKE ENGINEERING ASSESSMENT.
(a) ASSESSMENT.—The President shall conduct an
assessment of earthquake engineering research and testing
HR 3485 RS
capabilities in the United States. This assessment shall in-
clude—
(1) the need for shake tables and other earth-
quake engineering research and testing facilities in
the United States;
(2) options to cooperate with other countries that
have developed complementary earthquake engineering
research and testing programs and facilities;
(3) projected costs for construction, maintenance,
and operation of new earthquake engineering research
and testing facilities in the United States; and
(4) options and recommendations to provide
funding for the construction and operation of new
earthquake engineering and testing facilities, includ-
ing the feasibility and advisability of developing a
comprehensive earthquake engineering research and
testing program within the scope of the Earthquake
Hazards Reduction Act of 1977.
(b) DEADLINE.—The assessment required by subsection
(a) shall be transmitted to Congress within nine months
after the date of enactment of this Act.
Amend the title so as to read: ‘‘To authorize appro-
priations for carrying out the Earthquake Hazards Re-
duction Act of 1977 for fiscal years 1995 and 1996.’’.