[Congressional Record Volume 141, Number 158 (Thursday, October 12, 1995)]
[House]
[Pages H10002-H10022]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           OMNIBUS CIVILIAN SCIENCE AUTHORIZATION ACT OF 1995

  The SPEAKER pro tempore. Pursuant to House Resolution 234 and rule 
XXIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 2405.

                              {time}  1727


                     in the committee of the whole

  Accordingly the House resolved itself into the Committee of the Whole 
House on the State of the Union for the further consideration of the 
bill (H.R. 2405) to authorize appropriations for fiscal years 1996 and 
1997 for civilian science activities of the Federal Government, and for 
other purposes, with Mr. Kingston in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. When the Committee of the Whole rose earlier today, the 
amendment offered by the gentleman from Massachusetts [Mr. Kennedy] had 
been disposed of and title V was open for amendment at any point.
  Are there further amendments to title V?


              amendment offered by mr. brown of california

  Mr. BROWN of California. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Brown of California: Page 133, 
     line 5, strike subparagraph (A).
       Page 133, lines 6 and 7, redesignate subparagraphs (B) and 
     (C) as subparagraphs (A) and (B), respectively.

  Mr. BROWN of California. Mr. Chairman, this is the third of three 
amendments all in one paragraph on page 133, which seeks to strike 
language which disallows funding for three existing EPA programs which, 
in our opinion on this side, are vitally important to the improvement 
of our environment. The previous two have been offered by the 
gentlewoman from California [Ms. Lofgren] and the gentleman from 
Massachusetts [Mr. Kennedy], dealing with indoor air pollution research 
and with the climate change action plan.
  My amendment would eliminate the paragraph, the line, which 
deauthorizes funding for the environmental technology initiative. My 
amendment strikes this because we believe that the philosophy behind 
the deauthorization is incorrect, and as I indicated earlier, this 
debate is aimed at exploring philosophical differences rather than any 
hopes of getting a really good bill.

                              {time}  1750

  On the other side, this particular program in environmental 
technology, which is aimed at providing encouragement and assistance to 
private industry to develop environmentally safe and benign 
technologies and to create and exploit markets based upon this, is 
considered to be a form of corporate welfare.

[[Page H 10003]]

  It is certainly true that the environmental technology industry has 
grown over the past few decades into a substantial sized industry 
which, by some estimates, generates $100 billion in revenue annually 
and also employs about 1 million people and generates a surplus in 
international trade and involves over 50,000 firms around this country. 
This is part of our success story in environmental protection, 
maintaining and improving environmental quality and creating jobs at 
the same time through exploiting markets in environmental technology.
  It is these successes that the administration wanted to promote 
through its Environmental Technology Initiative. Perhaps if we had held 
hearings on this topic, Members would have been better informed about 
the goals of this program. Unfortunately, on these programs which are 
proposed to be deauthorized, there is not a hearing record and there is 
no way of knowing what the concerned constituencies feel about it.
  EPA is designated as the lead agency in this government-wide program. 
Other agencies, of course, are involved. The funds available under the 
Environmental Technology Initiative are primarily used to support 
regulatory permitting and enforcement reforms and technological 
verification and demonstration grants.
  About one-third of the funds are directed to Federal, State, and 
tribal government agencies to facilitate activities in four areas: 
Research and development, demonstration, testing and evaluation of 
technologies used for monitoring, pollution control and prevention, and 
remediation is the first of those four areas. Technical assistance for 
small business is the second. Third, promotion of U.S. environmental 
technologies overseas and cooperative work with industry to develop 
international standards for pollution control equipment. And, fourth, 
identification of environmental technology needs and regulatory 
barriers to innovation, and the development of more flexible 
permitting, inspection, and enforcement approaches to achieving 
environmental quality goals.
  Mr. Chairman, I would like to close merely by indicating that this 
effort to assist American industry to rise to the challenge of 
developing the technologies, the processes, that will help to clean up 
the atmosphere, and to make a profit in so doing, has been ongoing for 
a number of years. That philosophy has been reflected in a number of 
research articles, magazine articles, and books which have had a 
tremendous impact on the business community. The leaders in the 
business community today, instead of resisting environmental 
regulations, now are seeking ways to make money from it. Example: the 
development of substitutes for the chlorofluoro carbons which are used 
in refrigerants.
  The CHAIRMAN. The time of the gentleman from California [Mr. Brown] 
has expired.
  (By unanimous consent, Mr. Brown of California was allowed to proceed 
for 2 additional minutes.)
  Mr. BROWN of California. Mr. Chairman, this is something which the 
whole international community has joined in supporting and encouraging. 
We are now on the verge of developing worldwide markets in these new 
substitutes, which are environmentally benign. American business is in 
the lead in capturing this global market because of the foresight that 
we have had in this country in encouraging this kind of research in the 
environmental technologies program.
  I think it is shortsighted at this particular point to deauthorize 
this program. It is one which has wide support in the business 
community. It has produced large amounts of income for American 
business, and our amendment is solely aimed at maintaining this 
program.
  Obviously it will be at a lower level. This money does not have 
funding in it to continue at the scale we were before. We are not 
seeking to change the money, however. We are merely seeking to remove 
the prohibition against doing this kind of extremely popular and 
beneficial environmental activity.
  Mr. ROHRABACHER. Mr. Chairman, I rise in opposition to the amendment.
  Mr. Chairman, this program is $80 million worth of industrial policy. 
It is the type of program that Vice President Gore may hold very dear, 
but the taxpayers of the United States expect us to make some changes 
here in Washington, DC, that will lead to a balanced budget, and this 
program has no relationship to science whatsoever. It is supposedly 
aimed at finding ways to streamline regulations.
  Well, giving $80 million to the government to streamline regulations 
is sort of like having the chickens give money to the foxes in order to 
protect them from foxes. It just does not make any sense.
  Our position was endorsed in the committee by a bipartisan vote of 26 
to 16. The bottom line is we do not have to spend $80 million of the 
taxpayers' money in order to streamline regulations. We can do it, and 
Congress in fact is already doing it, and that is why we oppose the 
amendment of the gentleman from California [Mr. Brown].
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from California [Mr. Brown].
  The question was taken; and the chairman announced that the noes 
appeared to have it.


                             recorded vote

  Mr. BROWN of California. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 189, 
noes 219, not voting 24, as follows:

                             [Roll No. 711]

                               AYES--189

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

                               NOES--219

     Allard
     Archer
     Armey
     Bachus
     Baker (CA)
     Baker (LA)
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bereuter
     Bilbray
     Bliley
     Blute
     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
     Cox
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Davis
     Deal
     DeFazio
     DeLay
     Diaz-Balart
     Dickey
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     English
     Ensign
     Everett
     Ewing
     Fawell
     Fields (TX)
     Flanagan
     Foley
     Fowler
     Fox
     Franks (CT)
     Frelinghuysen
     Frisa
     Funderburk
     Gallegly
     Ganske
     Gekas
     Gillmor
     Gilman
     Goodlatte
     Goodling
     Goss
     Graham
     Gunderson
     Gutknecht
     Hancock
     Hansen
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley

[[Page H 10004]]

     Herger
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Hostettler
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     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
     Longley
     Lucas
     Manzullo
     McCrery
     McDade
     McHugh
     McInnis
     McIntosh
     McKeon
     Metcalf
     Meyers
     Mica
     Miller (FL)
     Molinari
     Montgomery
     Moorhead
     Morella
     Myers
     Myrick
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Oxley
     Packard
     Parker
     Paxon
     Petri
     Pickett
     Pombo
     Porter
     Portman
     Pryce
     Quillen
     Quinn
     Radanovich
     Ramstad
     Regula
     Riggs
     Roberts
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Salmon
     Sanford
     Scarborough
     Schaefer
     Schiff
     Seastrand
     Sensenbrenner
     Shadegg
     Shaw
     Shays
     Shuster
     Sisisky
     Skeen
     Smith (MI)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Stearns
     Stockman
     Stump
     Talent
     Tate
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thornberry
     Tiahrt
     Traficant
     Upton
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Watts (OK)
     Weldon (FL)
     Weller
     White
     Whitfield
     Wicker
     Wolf
     Young (AK)
     Young (FL)
     Zeliff

                             NOT VOTING--24

     Bilirakis
     Chapman
     Clay
     Dornan
     Emerson
     Fazio
     Fields (LA)
     Ford
     Gephardt
     Harman
     Kennelly
     Lincoln
     McCollum
     Moakley
     Mollohan
     Roth
     Tejeda
     Thornton
     Torricelli
     Tucker
     Volkmer
     Waxman
     Williams
     Wilson

                              {time}  1756

  Messrs. SAXTON, HEINEMAN, and KLINK changed their vote from ``no'' to 
``aye''.
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  The CHAIRMAN (Mr. Kingston). Are there further amendments to title V?
  If not, the Clerk will designate title VI.
  The text of title VI is as follows:
                          TITLE VI--TECHNOLOGY
                 Subtitle A--Technology Administration

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``American Technology 
     Advancement Act of 1995''.

     SEC. 602. AUTHORIZATION OF APPROPRIATIONS.

       (a) Under Secretary for Technology.--There are authorized 
     to be appropriated for the Office of the Under Secretary of 
     Commerce for Technology/Office of Technology Policy 
     $5,066,000 for fiscal year 1996.
       (b) National Institute of Standards and Technology.--There 
     are authorized to be appropriated the following:
       (1) For Scientific and Technical Research and Services of 
     the National Institute of Standards and Technology, 
     $275,579,000 for fiscal year 1996, of which--
       (A) $39,628,000 shall be for Electronics and Electrical 
     Engineering;
       (B) $19,565,000 shall be for Manufacturing Engineering;
       (C) $28,127,000 shall be for Chemical Science and 
     Technology;
       (D) $28,082,000 shall be for Physics;
       (E) $54,314,000 shall be for Material Science and 
     Engineering;
       (F) $13,517,000 shall be for Building and Fire Research;
       (G) $30,704,000 shall be for Computer Systems;
       (H) $10,964,000 shall be for Applied Mathematics and 
     Scientific Computing;
       (I) $19,109,000 shall be for Technical Assistance;
       (J) $28,169,000 shall be for Research Support; and
       (K) $3,400,000 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, $62,055,000 for fiscal 
     year 1996.

     SEC. 603. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT 
                   AMENDMENTS.

       The National Institute of Standards and Technology Act (15 
     U.S.C. 271 et seq.) is amended--
       (1) in section 10(a)--
       (A) by striking ``nine'' and inserting in lieu thereof 
     ``15''; and
       (B) by striking ``five'' and inserting in lieu thereof 
     ``10'';
       (2) in section 15--
       (A) by striking ``Pay Act of 1945; and'' and inserting in 
     lieu thereof ``Pay Act of 1945;''; and
       (B) by inserting ``; and (h) the provision of 
     transportation services for employees of the Institute 
     between the facilities of the Institute and nearby public 
     transportation, notwithstanding section 1344 of title 31, 
     United States Code'' after ``interests of the Government''; 
     and
       (3) in section 19, by striking ``nor more than forty'' and 
     inserting in lieu thereof ``nor more than 60''.

     SEC. 604. STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980 
                   AMENDMENTS.

       The Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3701 et seq.) is amended--
       (1) in section 11(i) (15 U.S.C. 3710(i))--
       (A) by inserting ``loan, lease,'' after ``department, 
     may''; and
       (B) by inserting ``Actions taken under this subsection 
     shall not be subject to Federal requirements on the disposal 
     of property.'' after ``education and research activities.''; 
     and
       (2) in section 17(c) (15 U.S.C. 3711a(c))--
       (A) by striking paragraph (2);
       (B) by redesignating paragraph (3) as paragraph (2); and
       (C) in paragraph (2), as so redesignated by subparagraph 
     (B) of this paragraph, by striking ``two'' and inserting in 
     lieu thereof ``4''.

     SEC. 605. PERSONNEL.

       The personnel management demonstration project established 
     under section 10 of the National Bureau of Standards 
     Authorization Act for Fiscal Year 1987 (15 U.S.C. 275 note) 
     is extended indefinitely.

     SEC. 606. FASTENER QUALITY ACT AMENDMENTS.

       (a) Section 2 Amendments.--Section 2 of the Fastener 
     Quality Act (15 U.S.C. 5401) is amended--
       (1) by striking subsection (a)(4), and redesignating 
     paragraphs (5) through (9) as paragraphs (4) through (8), 
     respectively;
       (2) in subsection (a)(7), as so redesignated by paragraph 
     (1) of this subsection, by striking ``by lot number''; and
       (3) in subsection (b), by striking ``used in critical 
     applications'' and inserting in lieu thereof ``in commerce''.
       (b) Section 3 Amendments.--Section 3 of the Fastener 
     Quality Act (15 U.S.C. 5402) is amended--
       (1) in paragraph (1)(B) by striking ``having a minimum 
     tensile strength of 150,000 pounds per square inch'' and 
     inserting in lieu thereof ``having a minimum Rockwell C 
     hardness of 40 or above'';
       (2) in paragraph (2)--
       (A) by inserting ``International Organization for 
     Standardization,'' after ``Society of Automotive 
     Engineers,''; and
       (B) by inserting ``consensus'' after ``or any other'';
       (3) in paragraph (5)--
       (A) by inserting ``or'' after ``standard or 
     specification,'' in subparagraph (B);
       (B) by striking ``or'' at the end of subparagraph (C);
       (C) by striking subparagraph (D); and
       (D) by inserting ``or produced in accordance with ASTM F 
     432'' after ``307 Grade A'';
       (4) in paragraph (6) by striking ``other person'' and 
     inserting in lieu thereof ``government agency'';
       (5) in paragraph (8) by striking ``Standard'' and inserting 
     in lieu thereof ``Standards'';
       (6) by striking paragraph (11) and redesignating paragraphs 
     (12) through (15) as paragraphs (11) through (14), 
     respectively;
       (7) in paragraph (13), as so redesignated by paragraph (6) 
     of this subsection, by striking ``, a government agency'' and 
     all that follows through ``markings of any fastener'' and 
     inserting in lieu thereof ``or a government agency''; and
       (8) in paragraph (14), as so redesignated by paragraph (6) 
     of this subsection, by inserting ``for the purpose of 
     achieving a uniform hardness'' after ``quenching and 
     tempering''.
       (c) Section 4 Repeal.--Section 4 of the Fastener Quality 
     Act (15 U.S.C. 5403) is repealed.
       (d) Section 5 Amendments.--Section 5 of the Fastener 
     Quality Act (15 U.S.C. 5404) is amended--
       (1) in subsection (a)(1)(B) and (2)(A)(i) by striking 
     ``subsections (b) and (c)'' and inserting in lieu thereof 
     ``subsections (b), (c), and (d)'';
       (2) in subsection (c)(2) by striking ``or, where 
     applicable'' and all that follows through ``section 
     7(c)(1)'';
       (3) in subsection (c)(3) by striking ``, such as the 
     chemical, dimensional, physical, mechanical, and any other'';
       (4) in subsection (c)(4) by inserting ``except as provided 
     in subsection (d),'' before ``state whether''; and
       (5) by adding at the end the following new subsection:
       ``(d) Alternative Procedure for Chemical Characteristics.--
     Notwithstanding the requirements of subsections (b) and (c), 
     a manufacturer shall be deemed to have demonstrated, for 
     purposes of subsection (a)(1), that the chemical 
     characteristics of a lot conform to the standards and 
     specifications to which the manufacturer represents such lot 
     has been manufactured if the following requirements are met:
       ``(1) The coil or heat number of metal from which such lot 
     was fabricated has been inspected and tested with respect to 
     its chemical characteristics by a laboratory accredited in 
     accordance with the procedures and conditions specified by 
     the Secretary under section 6.
       ``(2) Such laboratory has provided to the manufacturer, 
     either directly or through the metal manufacturer, a written 
     inspection and testing report, which shall be in a form 
     prescribed by the Secretary by regulation, listing the 
     chemical characteristics of such coil or heat number.
       ``(3) The report described in paragraph (2) indicates that 
     the chemical characteristics of such coil or heat number 
     conform to those required by the standards and specifications 
     to which the manufacturer represents such lot has been 
     manufactured.
       ``(4) The manufacturer demonstrates that such lot has been 
     fabricated from the coil or 

[[Page H 10005]]
     heat number of metal to which the report described in paragraphs (2) 
     and (3) relates.
     In prescribing the form of report required by subsection (c), 
     the Secretary shall provide for an alternative to the 
     statement required by subsection (c)(4), insofar as such 
     statement pertains to chemical characteristics, for cases in 
     which a manufacturer elects to use the procedure permitted by 
     this subsection.''.
       (e) Section 6 Amendment.--Section 6(a)(1) of the Fastener 
     Quality Act (15 U.S.C. 5405(a)(1)) is amended by striking 
     ``Within 180 days after the date of enactment of this Act, 
     the'' and inserting in lieu thereof ``The''.
       (f) Section 7 Amendments.--Section 7 of the Fastener 
     Quality Act (15 U.S.C. 5406) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Domestically Produced Fasteners.--It shall be 
     unlawful for a manufacturer to sell any shipment of fasteners 
     covered by this Act which are manufactured in the United 
     States unless the fasteners--
       ``(1) have been manufactured according to the requirements 
     of the applicable standards and specifications and have been 
     inspected and tested by a laboratory accredited in accordance 
     with the procedures and conditions specified by the Secretary 
     under section 6; and
       ``(2) an original laboratory testing report described in 
     section 5(c) and a manufacturer's certificate of conformance 
     are on file with the manufacturer, or under such custody as 
     may be prescribed by the Secretary, and available for 
     inspection,'';
       (2) in subsection (c)(2) by inserting ``to the same'' after 
     ``in the same manner and'';
       (3) in subsection (d)(1) by striking ``certificate'' and 
     inserting in lieu thereof ``test report''; and
       (4) by striking subsections (e), (f), and (g) and inserting 
     in lieu thereof the following:
       ``(e) Subsequent Purchaser.--If a person who purchases 
     fasteners for any purpose so requests either prior to the 
     sale or at the time of sale, the seller shall conspicuously 
     mark the container of the fasteners with the lot number from 
     which such fasteners were taken.''.
       (g) Section 9 Amendment.--Section 9 of the Fastener Quality 
     Act (15 U.S.C. 5408) is amended by adding at the end the 
     following new subsection:
       ``(d) Enforcement.--The Secretary may designate officers or 
     employees of the Department of Commerce to conduct 
     investigations pursuant to this Act. In conducting such 
     investigations, those officers or employees may, to the 
     extent necessary or appropriate to the enforcement of this 
     Act, exercise such authorities as are conferred upon them by 
     other laws of the United States, subject to policies and 
     procedures approved by the Attorney General.''.
       (h) Section 10 Amendments.--Section 10 of the Fastener 
     Quality Act (15 U.S.C. 5409) is amended--
       (1) in subsections (a) and (b), by striking ``10 years'' 
     and inserting in lieu thereof ``5 years''; and
       (2) in subsection (b), by striking ``any subsequent'' and 
     inserting in lieu thereof ``the subsequent''.
       (i) Section 13 Amendment.--Section 13 of the Fastener 
     Quality Act (15 U.S.C. 5412) is amended by striking ``within 
     180 days after the date of enactment of this Act''.
       (j) Section 14 Repeal.--Section 14 of the Fastener Quality 
     Act (15 U.S.C. 5413) is repealed.

     SEC. 607. PROHIBITION OF LOBBYING ACTIVITIES.

       None of the funds authorized by this title 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. 608. LIMITATION ON APPROPRIATIONS.

       (a) Exclusive Authorization for Fiscal Year 1996.--
     Notwithstanding any other provision of law, no sums are 
     authorized to be appropriated for fiscal year 1996 for the 
     activities for which sums are authorized by this title unless 
     such sums are specifically authorized to be appropriated by 
     this title.
       (b) Subsequent Fiscal Years.--No sums are authorized to be 
     appropriated for any fiscal year after fiscal year 1996 for 
     the activities for which sums are authorized by this title 
     unless such sums are specifically authorized to be 
     appropriated by Act of Congress with respect to such fiscal 
     year.

     SEC. 609. ELIGIBILITY FOR AWARDS.

       (a) In General.--The Director shall exclude from 
     consideration for awards of financial assistance made by the 
     Under Secretary for Technology/Office of Technology Policy or 
     the National Institute of Standards and Technology after 
     fiscal year 1995 any person who received funds, other than 
     those described in subsection (b), appropriated for a fiscal 
     year after fiscal year 1995, 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. 610. STANDARDS CONFORMITY.

       (a) Use of Standards.--Section 2(b) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 272(b)) 
     is amended--
       (1) by striking ``, including comparing standards'' and all 
     that follows through ``Federal Government'';
       (2) by redesignating paragraphs (3) through (11) as 
     paragraphs (4) through (12), respectively; and
       (3) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) to compare standards used in scientific 
     investigations, engineering, manufacturing, commerce, 
     industry, and educational institutions with the standards 
     adopted or recognized by the Federal Government and to 
     coordinate the use by Federal agencies of private sector 
     standards, emphasizing where possible the use of standards 
     developed by private, consensus organizations;''.
       (b) Conformity Assessment Activities.--Section 2(b) of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     272(b)) is amended--
       (1) by striking ``and'' at the end of paragraph (11), as so 
     redesignated by subsection (a)(2) of this section;
       (2) by striking the period at the end of paragraph (12), as 
     so redesignated by subsection (a)(2) of this section, and 
     inserting in lieu thereof ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(13) to coordinate Federal, State, local, and private 
     sector standards conformity assessment activities, with the 
     goal of eliminating unnecessary duplication and complexity in 
     the development and promulgation of conformity assessment 
     requirements and measures.''.
       (c) Transmittal of Plan to Congress.--The National 
     Institute of Standards and Technology shall, by January 1, 
     1996, transmit to the Congress a plan for implementing the 
     amendments made by this section.

     SEC. 611. FURTHER AUTHORIZATIONS.

       Nothing in this Act shall preclude further authorization of 
     appropriations 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 1996: Provided, That authorization allocations 
     adopted by the Conference Committee on House Concurrent 
     Resolution 67, and approved by Congress, allow for such 
     further authorizations.
  The CHAIRMAN. Are there amendments to title VI?


                    amendment offered by mr. walker

  Mr. WALKER. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Walker:
       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)''.

  Mr. WALKER (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Pennsylvania?
  There was no objection.
  Mr. WALKER. Mr. Chairman, when the Science Committee marked up the 
Fastener Quality Act, I attached an amendment to establish the Fastener 
Advisory Committee. This committee was to determine if the act would 
have any detrimental impacts on business.
  The Fastener Advisory Committee reported and recommended changes to 
the act.
  Title VI addresses the concerns of the Fastener Advisory Committee: 
heat mill certification, mixing of like certified fasteners, and minor 
nonconformance.
  Working with this Congress and NIST, the Public Law Task Force, 
comprised of members from the manufacturing, importing, and 
distributing sectors of the fastener industry, has worked to improve 
the law while maintaining safety and quality. The Public Law Task Force 
represents 85 percent of all companies involved in the manufacture, 
distribution, and importation of fasteners and their suppliers in the 
United States. Combined, the Task Force represents over 100,000 
employees in all 50 states.
  Unfortunately, a provision was inadvertently left out when drafting 
the original amendment to the Fastener Quality Act.

[[Page H 10006]]

  The language of the amendment I am offering goes back to the original 
intent of the bill, but is less restrictive regarding commingling of 
fasteners, as recommended by the Fastener Advisory Committee. This 
amendment states that manufacturers, importers, and distributors of 
fasteners under private labels, may mix like-certified fasteners from 
only two tested and certified lots, and note more, and they must mark 
such containers accordingly.
  This provision is less restrictive on industry. It was brought to our 
attention by NIST and is recommended and supported by the Fastener 
Advisory Committee, NIST, and the Public Law Task Force.
  This amendment is a good solution. I urge my colleagues to support 
its adoption.
  Mr. BROWN of California. Mr. Chairman, I move to strike the last 
word.
  (Mr. BROWN of California asked and was given permission to revise and 
extend his remarks.)
  Mr. BROWN of California. Mr. Chairman, we understand the chairman's 
concern with this language. He has been assiduous for a number of years 
in trying to reach acceptable language in the law with regard to 
fasteners, which is a rather esoteric but important issue. I intend to 
support his request with this caveat.
  I do not know what is involved in this final corrective language. 
There have been several mistakes made in trying to correct this before. 
So I will support this additional effort with the understanding that we 
can continue to work to make sure that this language will be acceptable 
and meet both of our goals.
  Mr. Chairman, the problems on this side of the aisle with this 
amendment arise from the fact that we are amending a complex piece of 
legislation with no time to understand the ramifications. We received 
this amendment late yesterday; Mr. Dingell, the author of the original 
1989 act was not informed about this amendment or the underlying 
problem until today.
  In 1989, we made mistakes in writing this act despite intensive 
hearings and markup sessions in two House committees. This year, in 
committee, without having held hearings, we made a series of 
corrections recommended by NIST. Now we learn that 3 months ago, NIST's 
author of its corrections mailed corrections to his corrections to Mr. 
Walker's staff.
  It is too late to check the accuracy of these corrections. Our 
initial reading is that the amendment before us is a less than perfect 
fix to a significant omission from the committee amendment. Also, given 
past performance, we do not want to simply assume that the author got 
it right this time.
  I understand the chairman's desire to make this correction, and I 
hope he understands our concerns as well. We will not oppose him today 
on the understanding that in the coming weeks we will take the time, 
bipartisanly and jointly with the Committee on Commerce, to perfect the 
amendment as necessary to make sure that as we work to ease this act's 
burden on industry we also continue to protect the American public from 
the threat of catastrophic failure of high strength fasteners.

                              {time}  1800

  Mr. WALKER. Mr. Chairman, will the gentleman yield?
  Mr. BROWN of California. I yield to the gentleman from Pennsylvania.
  Mr. WALKER. Mr. Chairman, we will be very happy to work with the 
gentleman to make certain, if there are any problems here, that we work 
them out.
  Mr. OXLEY. Mr. Chairman, I rise in support of the amendment.
  (Mr. OXLEY asked and was given permission to revise and extend his 
remarks.)
  Mr. OXLEY. Mr. Chairman, let me briefly say to my good friend from 
Pennsylvania that we are strongly supportive of the efforts on his 
behalf in regard to the fastener issue. Our committee, the Subcommittee 
on Oversight and Investigations, then chaired by the gentleman from 
Michigan [Mr. Dingell], had several hearings several Congresses ago 
about that issue. It actually passed legislation in that regard. This 
amendment tracks very carefully the patch that we set out in the 
Committee on Commerce. This is a positive amendment.
  Mr. Chairman, I rise today in support of the gentleman's amendment 
and this legislation.
  The Fastener Quality Act, the result of a 4-year long Oversight and 
Investigations Subcommittee investigation by the Committee on Energy 
and Commerce, requires testing and labeling procedures for certain 
grades of bolts and fasteners subject to high degrees of stress, such 
as in military and aerospace applications. The requirements of the 
Fastener Quality Act were designed to prevent the use of substandard 
bolts in applications where, if they were to fail, death or injury 
could occur.
  The Commerce Committee and the Science Committee have a long history 
of working together on this act. After the O&I Subcommittee 
investigation, our committees worked together to secure passage of this 
legislation in the 101st Congress and the amendments to the Fastener 
Act contained in H.R. 2405.
  Mr. Chairman, this amendment simply restores the original intent of 
the Fastener Quality Act. The Committee on Commerce has no objection to 
this amendment and urges its adoption.
  Thank you, and I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Pennsylvania [Mr. Walker].
  The amendment was agreed to.
  The CHAIRMAN. Are there further amendments to title VI?


                    amendment offered by mr. tanner

  Mr. TANNER. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Tanner: 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 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.

  Mr. TANNER [during the reading]. Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Tennessee?
  There was no objection.
  Mr. TANNER. Mr. Chairman, I want to reiterate at the outset that in 
title VI, as in all other titles heretofore discussed, we do not bust 
the budget in that we are completely consistent with the glide path 
toward a balanced budget. And we are in title VI as well.
  Mr. Chairman, this amendment affirms the ability of the National 
Institute of Standards of Technology [NIST] to perform its activities 
in environmental technologies, health care, information infrastructure, 
and construction technologies. It does not increase funding.
  Why am I offering this amendment? Because the Committee report 
implicitly directs NIST not to pursue programmatic research in these 
areas, because they do not consider them to be related to the core 
mission of NIST. Why am I concerned? The current language in the bill 
inhibits NIST from doing activities that support American industry and 
promote the health and welfare of all Americans.
  This language inhibits NIST from developing the measurement standards 
required for industry to develop chlorofluorocarbon substitutes. In 
addition NIST environmental technology standards help industry meet 
pollution emission standards and they provide more than 200 different 
Standard Reference Materials. The National Center for Industrial and 
Treatment Technologies puts it succinctly:

       . . . NIST is seen as filling a unique and vital role in 
     the fundamental science and engineering of pollution 
     prevention and clean technology development. It is foolhardy 
     to inhibit our use of these advanced laboratories merely 
     because the outcome of the work might pay an environmental 
     dividend. The health of the American taxpayer and the 
     environment deserve better than that.

  NIST health care program supports measurements that are critical to 
the accurate calibration of diagnostic equipment used in clinical labs 
around the country. These activities support clinical testing for 
measuring cholesterol, DNA testing, performing mammograms, and giving 
radiation treatment for cancer. NIST provides the services and conducts 
the research that forms the foundation for nationwide safety and 
quality assurance systems.
  Health and Human Services reported that retesting accounts for 
between 10-25 percent of the total annual health care costs (between 
90-220 billion in 

[[Page H 10007]]
1992). Even a one percent reduction in wasteful retesting results in 
savings approaching $1 billion. Measurement technology and standards 
developed and produced by NIST will improve cost effectiveness by 
facilitating the development of innovative diagnostic and therapeutical 
tools to provide for more accurate diagnosis. As a letter from the 
president of the National Conference of Standards Laboratories states:

       Without backing up the accuracy of this extraordinary 
     number of measurements made in industry and trade, we would 
     be unable to compete in international markets; we could not 
     assure proper functioning of products, safety and drugs and 
     pharmaceuticals, and the efficiency of medical services 
     staff.

  Report language inhibiting NIST from performing work related to 
construction standards ignores the fact that NIST is the principle 
source of technical information for construction and fire safety 
standards which provide the basis for fire and building codes.
  Every product of the work referred to by the committee report affects 
urgently needed new measurement methods, data, computer-based models or 
related tools as enabling infrastructure for evaluation of industry 
produced technologies, or information protocols to facilitate 
interoperability of industry produced construction products and 
equipment.
  The construction industry endorses NIST efforts regarding on-site 
automation and building services protocols. Many of these activities 
are conducted in cooperation with leading construction industry firms 
such as Bechtel, Caterpillar, Fluor Daniel, Stone & Webster, PlantSTEP 
Consortium, and BACNET Consortium. As the Portland Cement Association 
wrote it:

       NIST's construction industry programs would not be viable 
     on a commercial basis because no one company could profit 
     from any technology gains achieved.

  Finally, majority report language concerning NIST's information 
infrastructure is wrong. NIST provides key meteorology support through 
development of test methods, simulations, and reference prototypes, 
labs, and testbeds. NIST collaborates with industry to develop test 
methods, metrics, and tools to measure conformity to standards and 
interoperability which are key to the national infrastructure.
  Contrary to the committee report, these unique activities fall 
squarely within NIST's mission responsibilities.
  This report language cuts at the very heart of NIST's traditional 
activities which promote American industry's competitiveness and 
American's health and Welfare.
  There is nothing in the transcript of either the subcommittee or full 
committee markup, hearing testimony or staff reports to support the 
report language. The report demonstrates a fundamental misunderstanding 
of key NIST programs.
  I urge my colleagues to adopt this amendment.
  Mr. Chairman, these activities fall squarely within the core mission 
of NIST. I was not there the other day and, for example, they are 
developing an instrument to measure in very minute quantities some of 
the things that are being miniaturized now, such things that would go 
into one's body so a doctor can see to operate on one, such things as 
connected with all of the miniaturization that is going on in the 
computer world.
  There has to be somebody to develop an instrument to measure a 
standard so we know where we are. This language in the report inhibits 
that, and our amendment simply does not prohibit NIST from doing this 
in connection and in conjunction with industry.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I move to strike 
the last word, and I rise on behalf of this amendment.
  Mr. Chairman, the Science Committee has included in the report 
language which accompanies this bill health care language which could 
not be further from the truth.
  The National Institute of Standards and Technology has not proposed 
to expand into the development preventive technologies. Rather, NIST 
has proposed to increase by $2 million the amount it would spend to 
establish accurate medical measurements to assist with improving our 
Nation's health care.
  This is not a new area for NIST. The institute has been providing 
this service for decades.
  Those in the health care community recognize that NIST is the 
ultimate authority on literally thousands of measurements which bring 
certainty to the practice of medicine in this country.
  Without NIST, there would be no way to guarantee that a blood 
pressure or cholesterol measurement performed in Boston would be the 
same as one taken in Dallas, TX.
  For example, Cellmark, the Nation's leader in DNA sciences, has 
stated that it would go out of business if it could not rely on NIST 
standards.
  The work done by NIST in this area is not duplicative of work done by 
other agencies. To put it bluntly, other agencies neither understand 
nor perform this type of important medical work.
  Additionally, Mr. Chairman, the report language seeks to forbid NIST 
from participating in the development of environmental technologies, by 
stating that the work of NIST is duplicative of the work done by other 
agencies.
  NIST has a proven record of providing measurements and reference 
materials which are the basis of many environmental technology areas. 
For example, NIST has been involved in the development of standards for 
refrigerants and other chemicals covered by the Montreal Protocol. This 
process affects over $300 billion of refrigeration equipment in the 
United States.
  The programs at NIST are not being carried out by other agencies. DOE 
and NSF are unable to perform the type of standard-setting work that 
goes on at NIST.
  NIST deals with measurements, standards, reference data and test 
methods. No other agency has this role.
  NIST provides the quality assurance for measurements which are made 
by other government agencies.
  For example, NIST enables other companies and agencies to measure low 
levels of chemical concentrations by providing more than 200 different 
environmental reference materials that allow more accurate measurement 
of pollutants in air, water and soil.
  Importantly, NIST does not establish or enforce regulatory standards. 
The role of NIST is to ensure that these activities are based on sound 
science and accurate measurements.
  In sum, Mr. Chairman, the work being performed by NIST in the crucial 
areas of health care and environmental technology is of a critical 
nature, and is work that NIST is uniquely qualified to perform.
  The amendment before us today will allow NIST to continue this 
important work, and I urge my colleagues to support it.
  Mr. WALKER. Mr. Chairman, I rise in opposition to the amendment.
   Mr. Chairman, I guess there is a feeling here that if you blow 
enough smoke on these issues and so on that somehow it will become 
true. The fact is that there is absolutely nothing in our bill that 
stops NIST from performing standard setting. That is what we think the 
core mission of NIST should be.
  So in all the areas mentioned in the gentleman's amendment, NIST is 
still in the business of setting the standards. Any work that they do 
with regard to setting standards is perfectly appropriate. So the 
gentlewoman's talk about the fact that we need to have standards, we 
are all for that. That is the reason why we have sought to preserve the 
core program at NIST and have fought against those efforts to divert 
NIST away from its core program.
  Now, what this amendment suggests is not just research into setting 
standards; it suggests the development activities. The development 
activities are where they have wandered off into doing research that is 
within the realm of business and industry. And therein lies the 
problem. We think that there are a whole host of areas here where they 
have wandered off to do things that are not a part of the standard 
setting mission of the agency.

                              {time}  1815

  We think that it is high time that the real standard setting mission 
of the agency is done, for exactly the reasons mentioned by the 
gentlewoman. When the gentleman from Tennessee mentioned the whole host 
of things that he thinks the agency should do, we looked through the 
bill. Virtually all of those things can be done under our bill.

[[Page H 10008]]

  The problem with adopting the gentleman's amendment is that what we 
do is we begin then to deteriorate the ability to do the things that we 
set out in the bill to emphasize. For example, what the amendment would 
undermine is the fact that we adopted six of 10 areas which the 
committee agreed to were a part of the core mission there in terms of 
broad based development.
  That is manufacturing engineering. We increased that by 2 percent. We 
increased physics by 2 percent. Materials science and engineering was 
increased by 9 percent. Applied math and scientific computing was 
increased by 51 percent. Technical assistance activities were increased 
by 28 percent. Research support was increased by 2 percent.
  The amendment offered refers to program activities as to which the 
President submitted proposals that were deemed to lie outside of NIST's 
expertise or represent research well advanced in the private sector. 
Obviously, however, some activities are ongoing in these areas that are 
authorized which are already within the traditional standards 
development activities of NIST. Those activities are already included 
within the authorization. The report language makes this distinction 
and sets forth the activities not factored into the authorized program 
levels.

  What we have is a discussion here of an amendment that really 
suggests that we are taking away from NIST's ability to set standards 
in these areas, and that is absolutely not the case. To suggest that 
that is the case is just absolutely out of sort with both the bill and 
the report.
  What the gentleman's amendment is doing is undermining the ability of 
the agency to do some good work in some areas where we have prioritized 
it, and distinctly not helping at all in the standard-setting process. 
I would suggest that the amendment is not doing what the two previous 
speakers have told us it is; that in fact what it is doing is 
undermining the very core mission that both the speakers have suggested 
that they want to keep in place.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, will the gentleman 
yield?
  Mr. WALKER. I yield to the gentlewoman from Texas.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, the question I 
would like to ask is just for the gentleman to point out to me the 
specific language that he is referring to, because my intent is to just 
allow them to, where the gentleman says development, is to keep current 
on standards. Many things can be changed and updated and reformed for 
more efficiency, but the standards do not remain current in certain 
activities. They have to be updated because we have the technology to 
improve it.
  Mr. WALKER. Reclaiming my time, what we are doing in our bill is 
protecting that core program so that that ongoing standards work can in 
fact be the concentration of the agency. That is exactly what we are 
attempting to do. This amendment undermines that particular goal 
because it takes us away from doing those core programs of ongoing 
standard settings and moves us off into, and this is what the amendment 
says, development activities.
  The development activities are really industrial policy types of 
activities, and that is exactly what we are saying, is let us keep the 
standards as the focus, let us make certain that as new standards are 
needed that they are adopted.
  The CHAIRMAN. The time of the gentleman from Pennsylvania [Mr. 
Walker] has expired.
  (By unanimous consent, Mr. Walker was allowed to proceed for 2 
additional minutes.)
  Mr. WALKER. Mr. Chairman, I want to make certain that we have the 
ability to set standards in all these areas. That is the reason why we 
have said from the outset that we were determined to protect the core 
program at NIST. I am just disappointed to see an amendment that takes 
us away from doing what we thought we were beginning to accomplish.
  Ms. EDDIE BERNICE JOHNSON of Texas. If the gentleman would yield 
further, I did not hear the specific language, if he would just point 
that out to me.
  Mr. WALKER. The specific language is the authorization for the core 
program that is in the bill. With regard to health care, what we say is 
that the proposed nontraditional NIST activities are duplicative of 
ongoing major government initiatives at other agencies.
  We are specifically referring to a $2 million new start that was put 
into the program. We eliminated the new start but we did not in any way 
impact on the ability to set the standards in the health area.
  Ms. EDDIE BERNICE JOHNSON of Texas. If the gentleman would yield 
further, could I just follow up with one final question? Let me give an 
example of what one of my concerns might be.
  In my area, there is an environmental area contaminated with lead. It 
has been there for a while. Years ago, where the standards were at one 
point, they are very different now. Tests have been done by some of the 
Federal agencies and a medical school and the results were differently 
interpreted. But when put by a standard that had been developed by 
process and updating of information, they had to be brought together.
  No agency other than NIST could have done this with authority and 
neutral information. If we do not allow for updating, we will waste 
money because we are developing technologies to simplify it all the 
time.
  Mr. WALKER. Once again reclaiming my time, there is nothing in our 
bill to suggest that they cannot update standards. In fact, we have the 
core program in place so that they can update the standards.
  Ms. EDDIE BERNICE JOHNSON of Texas. What is the objection to the 
language in this amendment?
  The CHAIRMAN. The time of the gentleman from Pennsylvania [Mr. 
Walker] has again expired.
  (On request of Mr. Brown of California, and by unanimous consent, Mr. 
Walker was allowed to proceed for 2 additional minutes.)
  Mr. WALKER. Mr. Chairman, we are funding the core program so that 
NIST has the capacity to do work in all of these areas. We suggest 
across the board that NIST is the premier agency for doing standard 
setting, and we fund a program that is in line with the President's 
request for doing that core program. That is what we are doing here. It 
would certainly allow them to set standards in either updated standards 
in old areas or new standards. That is what the bill is all about.
  Mr. BROWN of California. Mr. Chairman, I move to strike the requisite 
number of words.
  Mr. Chairman, I yield to the gentleman from Tennessee [Mr. Tanner].
  Mr. TANNER. Mr. Chairman, I understand what the gentleman from 
Pennsylvania [Mr. Walker] is saying, but if we read the report 
language, on page 24 the adjustments made in these 4 areas reflect 
committee assessments that certain existing or proposed program 
activities are or would have been insufficiently related to the core 
mission of NIST to justify the fiscal year 1996 requested funding. 
Those program activities fall into four broad categories: Information 
infrastructure, environmental technologies, fire research and health 
care.
  I do not recall in any of our committee deliberations anyone coming 
before our committee talking about the legitimacy of standards in these 
areas out at NIST, not one person. This is a committee report language 
conclusion, I guess, and we want to know what is the basis on which the 
gentleman makes this assumption. What specific activities that NIST has 
proposed does the gentleman object to?
  Finally, if I amend my amendment to say using available funds to 
perform standards-related research and development, would the gentleman 
accept that?
  Mr. WALKER. Mr. Chairman, will the gentleman yield?
  Mr. BROWN of California. I yield to the gentleman from Pennsylvania.
  Mr. WALKER. Mr. Chairman, as nearly as we can tell, the gentleman is 
concerned about the amounts of money that are in the chart. The chart 
refers to the specific items and so on that were taken out, but it does 
not in any way relate to the fact that there is a core program of 
research available at NIST which can do work in these areas. We are not 
taking away from NIST's ability to set standards in the areas that are 
mentioned in the gentleman's amendment.

[[Page H 10009]]

  Mr. TANNER. What are the committee assessments that certain specific 
things do not fit into the core mission? We have never on the committee 
been advised of what the gentleman is talking about here. That is why 
we have objected to the report language.
  Mr. WALKER. Mr. Chairman, the committee adopted the chart.
  Mr. TANNER. I ask the gentleman from Pennsylvania again, would he 
accept an amendment to my amendment to perform standards-related 
research? He said in the well a minute ago that is what NIST should be 
doing, and we are perfectly willing to say that in these 4 areas. This 
report language is very troubling to us.
  Mr. WALKER. Mr. Chairman, the fact is that we are acting on a 
committee derived document. The committee in fact passed the chart. The 
committee action was that they passed the chart.
  Mr. TANNER. Mr. Chairman, there was not one iota, we saw a chart at 
the end with no debate. There was not a witness that came forward on 
the internal programs of NIST, that I recall, that the committee said, 
``What are you doing that for? That is not part of your core mission.''
  There was none of that in our committee, nothing, not one word. What 
we are saying is this committee report language has a chilling effect 
on what the gentleman and I both want, and that is standards research 
out at NIST. We are willing to amend our amendment to say standards-
related research and development in these four areas. I do not know how 
the gentleman could possibly object to standards-related research and 
development.
  Mr. WALKER. If the gentleman would yield further, the fact is that 
what we were also trying to do was conform to the rescission bill. The 
1995 rescission bill took away some of this money. In the 1995 
rescission bill, in the chemical accounts for biotechnology, health 
care and environmental technology, $7 million was rescinded, so that 
some of this is included as a part of the rescission bill situation as 
well. Do I understand the gentleman to say that he is prepared to 
modify his amendment?
  Mr. TANNER. Mr. Chairman, yes, I have made that offer twice.
  Mr. WALKER. His modification would be using available funds to 
perform research relating to----
  Mr. TANNER. To perform standards-related research.
  Mr. WALKER. For standards-related activities? I do not have a problem 
with that. I do not believe that that in any way moves us away from 
where the bill is. We want to be in the position of setting standards. 
If the gentleman wants to modify his amendment to suggest from using 
available funds to perform standards-related activities for 
environmental technologies, for health care and so on, that is fine, 
from our standpoint.


            Modification of Amendment Offered by Mr. Tanner

  Mr. TANNER. Mr. Chairman, I ask unanimous consent to modify the 
amendment to reflect standards-related research.
  The CHAIRMAN. The Clerk will report the modification.
  The Clerk read as follows:

       Modification of amendment offered by Mr. Tanner: On line 4 
     of the matter proposed by the amendment, after ``to perform'' 
     insert ``standards-related''.

  The CHAIRMAN. Is there objection to the request of the gentleman from 
Tennessee?
  There was no objection.
  (By unanimous consent, Mr. Brown of California was allowed to proceed 
for 45 additional seconds.)
  Mr. BROWN of California. Mr. Chairman, I think we have reached an 
amicable solution to this situation and I appreciate very much the 
distinguished chairman of the committee being amenable to this 
modification. I want to assure him that it was not the language in the 
bill that caused concern. It was the interpretation of the report 
language. The gentleman knows and has stated on the floor that the 
report language is not binding. But nevertheless as he well recognized, 
it is looked to as a means of guidance in the interpretation of the 
language of the bill.

                              {time}  1830

  Mr. WALKER. If the gentleman will yield, I mean, in accepting the 
language there, I mean, we still stand by the report language. We 
believe that what this language does is simply emphasizes what we 
believe is in the report. If it helps you all to understand what the 
report means, that is fine. That works very well for me.
  Mr. BROWN of California. We figured it would help us a great deal, I 
say to the gentleman from Pennsylvania [Mr. Walker], and we appreciate 
the cooperation.
  Mr WALKER. Excellent.
  The CHAIRMAN. The question is on the amendment, as modified, offered 
by the gentleman from Tennessee [Mr. Tanner].
  The amendment, as modified, was agreed to.
  The CHAIRMAN. Are there further amendments to title VI?
  If not, the Clerk will designate title VII.
  The text of title VII is as follows:

              TITLE VII--UNITED STATES FIRE ADMINISTRATION

     SEC. 701 SHORT TITLE.

       This title may be cited as the ``Fire Administration 
     Authorization Act of 1995''.

     SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

       Section 17(g)(1) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2216(a)(I)) 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 a semicolon; and
       (3) by adding at the end the following new subparagraphs:
       ``(G) $28,000,000 for the fiscal year ending September 30, 
     1996, which, notwithstanding subsection (h), includes any 
     amounts appropriated under subsection (h) (3) and (4) for 
     fiscal year 1996; and
       ``(H) $28,000,000 for the fiscal year ending September 30, 
     1997.''.

     SEC. 703. 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. 704. 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. 705. 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. 706. 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 1996 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.

  The CHAIRMAN. Are there amendments to title VII?
  If not, are there further amendments to the bill?


                   amendment offered by mr. traficant

  Mr. TRAFICANT. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Traficant: 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 

[[Page H 10010]]
     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.

  Mr. TRAFICANT (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Ohio?
  Mr. WALKER. Mr. Chairman, reserving the right to object, is this the 
amendment that was worked out?
  Mr. TRAFICANT. If the gentleman will yield, this is the Buy America 
amendment that had been worked out.
  Mr. WALKER. Mr. Chairman, I withdraw my reservation of objection.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Ohio?
  There was no objection.
  Mr. TRAFICANT. Mr. Chairman, there being no opposition, I yield back 
the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Ohio [Mr. Traficant].
  The amendment was agreed to.
  The CHAIRMAN. Are there further amendments to the bill?


    amendment in the nature of a substitute offered by mr. brown of 
                               california

  Mr. BROWN of California. Mr. Chairman, I offer an amendment in the 
nature of a substitute.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. 
     Brown of California:
       Strike all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Omnibus 
     Civilian Science Authorization Act of 1995''.
       (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

                  TITLE I--NATIONAL SCIENCE FOUNDATION

Sec. 101. Short title.
Sec. 102. Definitions.

         Subtitle A--National Science Foundation Authorization

Sec. 111. Authorization of appropriations.
Sec. 112. Proportional reduction of research and related activities 
              amounts.
Sec. 113. Consultation and representation expenses.
Sec. 114. Reprogramming.

                     Subtitle B--General Provisions

Sec. 121. Annual report.
Sec. 122. National research facilities.
Sec. 123. Eligibility for research facility awards.
Sec. 124. Administrative amendments.
Sec. 125. Indirect costs.
Sec. 126. Research instrumentation and facilities.
Sec. 127. Financial disclosure.
Sec. 128. Educational leave of absence for active duty.
Sec. 129. Science Studies Institute.
Sec. 130. Educational impact.

        TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                     Subtitle A--General Provisions

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definition.

              Subtitle B--Authorization of Appropriations

                         Part I--Authorizations

Sec. 211. Human space flight.
Sec. 212. Science, aeronautics, and technology.
Sec. 213. Mission support.
Sec. 214. Inspector General.
Sec. 215. Total construction of facilities authorization.

               Part II--Limitations and Special Authority

Sec. 221. Use of funds for construction.
Sec. 222. Availability of appropriated amounts.
Sec. 223. Reprogramming for construction of facilities.
Sec. 224. Consideration by committees.
Sec. 225. Use of funds for scientific consultations or extraordinary 
              expenses.

                  Subtitle C--Miscellaneous Provisions

Sec. 231. Purchase of airborne infrared astronomy data services.
Sec. 232. Facilities closing commission.

                    TITLE III--DEPARTMENT OF ENERGY

Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Definitions.
Sec. 304. Energy conservation.
Sec. 305. Fossil energy.
Sec. 306. High energy and nuclear physics.
Sec. 307. Solar and renewable energy.
Sec. 308. Nuclear energy.
Sec. 309. Civilian waste; environment, safety, and health.
Sec. 310. Long-term initiatives.
Sec. 311. Support programs for energy supply research and development.
Sec. 312. Limitation.
Sec. 313. Additional authorizations.
Sec. 314. Sense of Congress.

       TITLE IV--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Sec. 401. Short title.
Sec. 402. Policy and purpose.
Sec. 403. National Weather Service operations and research.
Sec. 404. National Weather Service systems acquisition.
Sec. 405. Weather Service modernization.
Sec. 406. Basic functions and privatization of National Weather Service 
              .
Sec. 407. Climate and air quality research.
Sec. 408. Atmospheric research.
Sec. 409. Oceans and Great Lakes programs.
Sec. 410. Satellite observing and environmental data management 
              systems.
Sec. 411. National Ocean Service observation and assessment.
Sec. 412. Program support.
Sec. 413. Noaa fleet modernization.
Sec. 414. Educational programs and activities.
Sec. 415. Subpoena.
Sec. 416. Working capital fund.
Sec. 417. Weather data buoys.
Sec. 418. Reimbursement of expenses.
Sec. 419. Construction projects.
Sec. 420. Additional authorization for gaps in Weather Service 
              coverage.

                TITLE V--ENVIRONMENTAL PROTECTION AGENCY

Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Authorization of appropriations.
Sec. 504. Scientific research review.
Sec. 505. Environmental technology initiative.

                          TITLE VI--TECHNOLOGY

Sec. 601. Short title.
Sec. 602. Authorization of appropriations.
Sec. 603. National Institute of Standards and Technology Act 
              amendments.
Sec. 604. Stevenson-Wydler Technology Innovation Act of 1980 
              amendments.
Sec. 605. Personnel.

              TITLE VII--UNITED STATES FIRE ADMINISTRATION

Sec. 701. Short title.
Sec. 702. Authorization of appropriations.
Sec. 703. Fire safety systems in Army housing.
Sec. 704. Successor fire safety standards.
Sec. 705. Termination or privatization of functions.
Sec. 706. Report on budgetary reduction.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) science and technology have been major determinants of 
     the American economy and quality of life and will be of even 
     greater importance in the years ahead;
       (2) public support of science and technology should be 
     considered as an investment in the future;
       (3) education and training in science, mathematics, and 
     engineering are crucial to America's future;
       (4) the Federal Government should continue to support 
     strong research institutions--universities, research 
     institutions, and national laboratories--as part of the 
     Nation's science and technology infrastructure;
       (5) the Federal investment portfolio in science and 
     technology must support both basic and applied research, 
     including the development of precompetitive technologies in 
     cooperation with and for the private sector as well as for 
     national needs; and
       (6) stability of funding, based on long-range planning, is 
     essential for effective and efficient use of the Federal 
     investment in research and its associated educational 
     function and for enhancing international collaboration.
                  TITLE I--NATIONAL SCIENCE FOUNDATION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``National Science 
     Foundation Authorization Act of 1995''.

     SEC. 102. DEFINITIONS.

       For purposes of this title--
       (1) the term ``Director'' means the Director of the 
     Foundation;
       (2) the term ``Foundation'' means the National Science 
     Foundation;
       (3) the term ``institution of higher education'' has the 
     meaning given such term in section 1201(a) of the Higher 
     Education Act of 1965;
       (4) the term ``national research facility'' means a 
     research facility funded by the Foundation which is 
     available, subject to appropriate policies allocating access, 
     for use by all scientists and engineers affiliated with 
     research institutions located in the United States; and
       (5) the term ``United States'' means the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the Virgin Islands, Guam, American Samoa, the Commonwealth of 
     the Northern Mariana Islands, and any other territory or 
     possession of the United States.
         Subtitle A--National Science Foundation Authorization

     SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

       (a) Findings.--The Congress finds that--
       (1) the programs of the Foundation are important for the 
     Nation to strengthen basic research and develop human 
     resources in 

[[Page H 10011]]
     science and engineering, and that those programs should be funded at an 
     adequate level;
       (2) the primary mission of the Foundation continues to be 
     the support of basic scientific research and science 
     education and the support of research fundamental to the 
     engineering process and engineering education; and
       (3) the Foundation's efforts to contribute to the economic 
     competitiveness of the United States should be in accord with 
     that primary mission.
       (b) Fiscal Year 1996.--There are authorized to be 
     appropriated to the Foundation $3,186,000,000 for fiscal year 
     1996, which shall be available for the following categories:
       (1) Research and Related Activities, $2,280,000,000.
       (2) Education and Human Resources Activities, $599,000,000.
       (3) Major Research Equipment, $70,000,000.
       (4) Academic Research Facilities Modernization, 
     $100,000,000.
       (5) Salaries and Expenses, $127,000,000.
       (6) Office of Inspector General, $4,500,000.
       (7) Headquarters Relocation, $5,200,000.

     SEC. 112. PROPORTIONAL REDUCTION OF RESEARCH AND RELATED 
                   ACTIVITIES AMOUNTS.

       If the amount appropriated pursuant to section 111(b)(1) is 
     less than the amount authorized under that paragraph, the 
     amount authorized for each subcategory under that paragraph 
     shall be reduced by the same proportion.

     SEC. 113. CONSULTATION AND REPRESENTATION EXPENSES.

       From appropriations made under authorizations provided in 
     this title, not more than $10,000 may be used in each fiscal 
     year for official consultation, representation, or other 
     extraordinary expenses at the discretion of the Director. The 
     determination of the Director shall be final and conclusive 
     upon the accounting officers of the Government.

     SEC. 114. REPROGRAMMING.

       (a) $500,000 or Less.--In any given fiscal year, the 
     Director may transfer appropriated funds among the 
     subcategories of Research and Related Activities, so long as 
     the net funds transferred to or from any subcategory do not 
     exceed $500,000.
       (b) Greater Than $500,000.--In addition, the Director may 
     propose transfers to or from any subcategory exceeding 
     $500,000. An explanation of any proposed transfer under this 
     subsection must be transmitted in writing to the Committee on 
     Science of the House of Representatives, and the Committees 
     on Labor and Human Resources and Commerce, Science, and 
     Transportation of the Senate. The proposed transfer may be 
     made only when 30 calendar days have passed after 
     transmission of such written explanation.
                     Subtitle B--General Provisions

     SEC. 121. ANNUAL REPORT.

       Section 3(f) of the National Science Foundation Act of 1950 
     (42 U.S.C. 1862(f)) is amended to read as follows:
       ``(f) The Foundation shall provide an annual report to the 
     President which shall be submitted by the Director to the 
     Congress at the time of the President's annual budget 
     submission. The report shall--
       ``(1) contain a strategic plan, or an update to a previous 
     strategic plan, which--
       ``(A) defines for a three-year period the overall goals for 
     the Foundation and specific goals for each major activity of 
     the Foundation, including each scientific directorate, the 
     education directorate, and the polar programs office; and
       ``(B) describe how the identified goals relate to national 
     needs and will exploit new opportunities in science and 
     technology;
       ``(2) identify the criteria and describe the procedures 
     which the Foundation will use to assess progress toward 
     achieving the goals identified in accordance with paragraph 
     (1);
       ``(3) review the activities of the Foundation during the 
     preceding year which have contributed toward achievement of 
     goals identified in accordance with paragraph (1) and 
     summarize planned activities for the coming three years in 
     the context of the identified goals, with particular emphasis 
     on the Foundation's planned contributions to major multi-
     agency research and education initiatives;
       ``(4) contain such recommendations as the Foundation 
     considers appropriate; and
       ``(5) include information on the acquisition and 
     disposition by the Foundation of any patents and patent 
     rights.''.

     SEC. 122. NATIONAL RESEARCH FACILITIES.

       (a) Facilities Plan.--The Director shall provide to 
     Congress annually, as a part of the report required under 
     section 3(f) of the National Science Foundation Act of 1950, 
     a plan for the proposed construction of, and repair and 
     upgrades to, national research facilities. The plan shall 
     include estimates of the cost for such construction, repairs, 
     and upgrades, and estimates of the cost for the operation and 
     maintenance of existing and proposed new facilities. For 
     proposed new construction and for major upgrades to existing 
     facilities, the plan shall include funding profiles by fiscal 
     year and milestones for major phases of the construction. The 
     plan shall include cost estimates in the categories of 
     construction, repair, and upgrades for the year in which the 
     plan is submitted to Congress and for not fewer than the 
     succeeding 4 years.
       (b) Limitation on Obligation of Unauthorized 
     Appropriations.--No funds appropriated for any project which 
     involves construction of new national research facilities or 
     construction necessary for upgrading the capabilities of 
     existing national research facilities shall be obligated 
     unless the funds are specifically authorized for such purpose 
     by this title or any other Act which is not an appropriations 
     Act, or unless the total estimated cost to the Foundation of 
     the construction project is less than $50,000,000. This 
     subsection shall not apply to construction projects approved 
     by the National Science Board prior to June 30, 1994.

     SEC. 123. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.

       Section 203(b) of the Academic Research Facilities 
     Modernization Act of 1988 is amended by striking the final 
     sentence of paragraph (3) and inserting in lieu thereof the 
     following: ``The Director shall give priority to institutions 
     or consortia that have not received such funds in the 
     preceding 5 years, except that this sentence shall not apply 
     to previous funding received for the same multiyear 
     project.''.

     SEC. 124. ADMINISTRATIVE AMENDMENTS.

       (a) National Science Foundation Act of 1950 Amendments.--
     The National Science Foundation Act of 1950 (42 U.S.C. 1861 
     et seq.) is amended--
       (1) by redesignating the subsection (k) of section 4 (42 
     U.S.C. 1863(k)) that was added by section 108 of the National 
     Science Foundation Authorization Act of 1988 as subsection 
     (l);
       (2) in section 5(e) (42 U.S.C. 1864(e)) by amending 
     paragraph (2) to read as follows:
       ``(2) Any delegation of authority or imposition of 
     conditions under paragraph (1) shall be promptly published in 
     the Federal Register and reported to the Committees on Labor 
     and Human Resources and Commerce, Science, and Transportation 
     of the Senate and the Committee on Science of the House of 
     Representatives.'';
       (3) by inserting ``be entitled to'' between ``shall'' and 
     ``receive'', and by inserting ``, including traveltime,'' 
     after ``Foundation'' in section 14(c) (42 U.S.C. 1873(c));
       (4) by striking section 14(j) (42 U.S.C. 1873(j)); and
       (5) by striking ``Atomic Energy Commission'' in section 
     15(a) (42 U.S.C. 1874(a)) and inserting in lieu thereof 
     ``Secretary of Energy''.
       (b) National Science Foundation Authorization Act, 1976 
     Amendments.--Section 6(a) of the National Science Foundation 
     Authorization Act, 1976 (42 U.S.C. 1881a(a)) is amended by 
     striking ``social,'' the first place it appears.
       (c) National Science Foundation Authorization Act of 1988 
     Amendments.--(1) Section 117(a)(1)(B)(v) of the National 
     Science Foundation Authorization Act of 1988 (42 U.S.C. 
     1881b(1)(B)(v)) is amended to read as follows:
       ``(v) from schools established outside the several States 
     and the District of Columbia by any agency of the Federal 
     Government for dependents of its employees.''.
       (2) Section 117(a)(3)(A) of such Act (42 U.S.C. 
     1881b(3)(A)) is amended by striking ``Science and Engineering 
     Education'' and inserting in lieu thereof ``Education and 
     Human Resources''.
       (d) Education for Economic Security Act Amendments.--
     Section 107 of Education for Economic Security Act (20 U.S.C. 
     3917) is repealed.
       (e) Technical Amendment.--The second subsection (g) of 
     section 3 of the National Science Foundation Act of 1950 is 
     repealed.

     SEC. 125. INDIRECT COSTS.

       (a) Matching Funds.--Matching funds required pursuant to 
     section 204(a)(2)(C) of the Academic Research Facilities 
     Modernization Act of 1988 (42 U.S.C. 1862c(a)(2)(C)) shall 
     not be considered facilities costs for purposes of 
     determining indirect cost rates.
       (b) Report.--The Director of the Office of Science and 
     Technology Policy, in consultation with other relevant 
     agencies, shall prepare a report analyzing what steps would 
     be needed to--
       (1) reduce by 10 percent the proportion of Federal 
     assistance to institutions of higher education that are 
     allocated for indirect costs; and
       (2) reduce the variance among indirect cost rates of 
     different institutions of higher education,

     including an evaluation of the relative benefits and burdens 
     of each option on institutions of higher education. Such 
     report shall be transmitted to the Congress no later than 
     December 31, 1995.

     SEC. 126. RESEARCH INSTRUMENTATION AND FACILITIES.

       The Foundation shall incorporate the guidelines set forth 
     in Important Notice No. 91, dated March 11, 1983 (48 Fed. 
     Reg. 15754, April 12, 1983), relating to the use and 
     operation of Foundation-supported research instrumentation 
     and facilities, in its notice of Grant General Conditions, 
     and shall examine more closely the adherence of grantee 
     organizations to such guidelines.

     SEC. 127. FINANCIAL DISCLOSURE.

       Persons temporarily employed by or at the Foundation shall 
     be subject to the same financial disclosure requirements and 
     related sanctions under the Ethics in Government Act of 1978 
     as are permanent employees of the Foundation in equivalent 
     positions.

     SEC. 128. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE DUTY.

       In order to be eligible to receive funds from the 
     Foundation after September 30, 1995, an institution of higher 
     education must provide that whenever any student of the 
     institution who is a member of the National Guard, or other 
     reserve component of the Armed Forces of the United States, 
     is called 

[[Page H 10012]]
     or ordered to active duty, other than active duty for training, the 
     institution shall grant the member a military leave of 
     absence from their education. Persons on military leave of 
     absence from their institution shall be entitled, upon 
     release from military duty, to be restored to the educational 
     status they had attained prior to their being ordered to 
     military duty without loss of academic credits earned, 
     scholarships or grants awarded, or tuition and other fees 
     paid prior to the commencement of the military duty. It shall 
     be the duty of the institution to refund tuition or fees paid 
     or to credit the tuition and fees to the next semester or 
     term after the termination of the educational military leave 
     of absence at the option of the student.

     SEC. 129. SCIENCE STUDIES INSTITUTE.

       (a) Amendment.--Section 822 of the National Defense 
     Authorization Act for Fiscal 1991 (42 U.S.C. 6686) is 
     amended--
       (1) by striking ``Critical Technologies Institute'' in the 
     section heading and in subsection (a), and inserting in lieu 
     thereof ``Science Studies Institute'';
       (2) in subsection (b) by striking ``As determined by the 
     chairman of the committee referred to in subsection (c), 
     the'' and inserting in lieu thereof ``The'';
       (3) by striking subsection (c), and redesignating 
     subsections (d), (e), (f), and (g) as subsections (c), (d), 
     (e), and (f), respectively;
       (4) in subsection (c), as so redesignated by paragraph (3) 
     of this subsection--
       (A) by inserting ``science and'' after ``developments and 
     trends in'' in paragraph (1);
       (B) by striking ``with particular emphasis'' in paragraph 
     (1) and all that follows through the end of such paragraph 
     and inserting in lieu thereof ``and developing and 
     maintaining relevant informational and analytical tools.'';
       (C) by striking ``to determine'' and all that follows 
     through ``technology policies'' in paragraph (2) and 
     inserting in lieu thereof ``with particular attention to the 
     scope and content of the Federal science and technology 
     research and develop portfolio as it affects interagency and 
     national issues'';
       (D) by amending paragraph (3) to read as follows:
       ``(3) Initiation of studies and analysis of alternatives 
     available for ensuring the long-term strength of the United 
     States in the development and application of science and 
     technology, including appropriate roles for the Federal 
     Government, State governments, private industry, and 
     institutions of higher education in the development and 
     application of science and technology.'';
       (E) by inserting ``science and'' after ``Executive branch 
     on'' in paragraph (4)(A); and
       (F) by amending paragraph (4)(B) to read as follows:
       ``(B) to the interagency committees and panels of the 
     Federal Government concerned with science and technology.'';
       (5) in subsection (d), as so redesignated by paragraph (3) 
     of this subsection, by striking ``subsection (d)'' and 
     inserting in lieu thereof ``subsection (c)''; and
       (6) by amending subsection (f), as so redesignated by 
     paragraph (3) of this subsection, to read as follows:
       ``(f) Sponsorship.--The Director of the Office of Science 
     and Technology Policy shall be the sponsor of the 
     Institute.''.
       (b) Conforming Usage.--All references in Federal law or 
     regulations to the Critical Technologies Institute shall be 
     considered to be references to the Science Studies Institute.

     SEC. 130. EDUCATIONAL IMPACT.

       (a) Findings.--The Congress finds that--
       (1) Federal research funds made available to institutions 
     of higher education often create incentives for such 
     institutions to emphasize research over undergraduate 
     teaching and to narrow the focus of their graduate programs; 
     and
       (2) National Science Foundation funds for Research and 
     Related Activities should be spent in the manner most likely 
     to improve the quality of undergraduate and graduate 
     education in institutions of higher education.
       (b) Educational Impact.--(1) The impact that a grant or 
     cooperative agreement by the National Science Foundation 
     would have on undergraduate and graduate education at an 
     institution of higher education shall be a factor in any 
     decision whether to award such grant or agreement to that 
     institution.
       (2) Paragraph (1) shall be effective with respect to any 
     grant or cooperative agreement awarded after September 30, 
     1996.
       (c) Report.--The Director shall provide a plan for the 
     implementation of subsection (b) of this section, no later 
     than December 31, 1995, to the Committee on Science of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation and the Committee on Labor and 
     Human Resources of the Senate.
        TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
                     Subtitle A--General Provisions

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``National Aeronautics and 
     Space Administration Authorization Act, Fiscal Year 1996''.

     SEC. 202. FINDINGS.

       The Congress finds that--
       (1) a balanced civil space program is a critical element of 
     the Nation's investment in research and development that 
     needs to be maintained even as the United States reduces its 
     deficit;
       (2) the National Aeronautics and Space Administration will 
     require predictable and adequate funding over the next 5 
     years in order to carry out a balanced program of initiatives 
     in human space flight and science, aeronautics, and 
     technology;
       (3) international cooperation can play a major role in 
     leveraging American investments in space exploration and 
     utilization and should be encouraged; and
       (4) the National Aeronautics and Space Administration 
     should continue its efforts to reduce institutional costs, 
     through management restructuring, facility consolidation when 
     appropriate, procurement reform, personnel base downsizing, 
     and convergence with other defense and private sector 
     systems.

     SEC. 203. DEFINITION.

       For purposes of this title, the term ``Administrator'' 
     means the Administrator of the National Aeronautics and Space 
     Administration.
              Subtitle B--Authorization of Appropriations

                         PART I--AUTHORIZATIONS

     SEC. 211. HUMAN SPACE FLIGHT.

       (a) Authorizations.--There are authorized to be 
     appropriated to the National Aeronautics and Space 
     Administration for fiscal year 1996 for Human Space Flight 
     the following amounts:
       (1) For Russian Cooperation, $100,000,000.
       (2) For the Space Shuttle, $3,171,800,000.
       (3) For Payload and Utilization Operations, $315,000,000.
       (b) Construction of Facilities.--(1) Of the funds 
     authorized to be appropriated under subsection (a)(2), 
     $7,500,000 are authorized for replacement of the Chemical 
     Analysis Facility, Kennedy Space Center.
       (2) Of the funds authorized to be appropriated under 
     subsection (a)(2), $4,900,000 are authorized for replacement 
     of the Space Shuttle Main Engine Processing Facility, Kennedy 
     Space Center.
       (3) Of the funds authorized to be appropriated under 
     subsection (a)(2), $5,000,000 are authorized for 
     modernization of the Firex System, Pads A and B, Kennedy 
     Space Center.

     SEC. 212. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

       (a) Authorizations.--There are authorized to be 
     appropriated to the National Aeronautics and Space 
     Administration for fiscal year 1996 for Science, Aeronautics, 
     and Technology the following amounts:
       (1) For Space Science, $1,972,400,000, of which--
       (A) $1,154,600,000 are authorized for Physics and 
     Astronomy, including $7,000,000 for the Space Infrared 
     Telescope Facility, $28,700,000 for the Stratospheric 
     Observatory for Infrared Astronomy, and $51,500,000 for the 
     Gravity Probe B Relativity Mission; and
       (B) $817,800,000 are authorized for Planetary Exploration, 
     including $20,000,000 for the New Millenium program.
       (2) For Life and Microgravity Sciences and Applications, 
     $293,200,000.
       (3) For Mission to Planet Earth, $1,283,360,000.
       (4) For Space Access and Technology, $520,200,000, of 
     which--
       (A) $59,000,000 are authorized for the Reusable Launch 
     Vehicle technology development program, and, to the extent 
     provided in appropriations Acts, the Administrator may 
     utilize up to $100,000,000 from funds otherwise provided to 
     the Department of Defense for the Reusable Launch Vehicle;
       (B) $140,500,000 are authorized for Spacecraft and Remote 
     Sensing; and
       (C) $22,600,000 are authorized for the Small Spacecraft 
     Technology Initiative.
       (5) For Aeronautical Research and Technology, $877,300,000, 
     of which--
       (A) $354,700,000 are authorized for Research and Technology 
     Base activities;
       (B) $240,500,000 are authorized for High Speed Research;
       (C) $163,400,000 are authorized for Advanced Subsonic 
     Technology; and
       (D) $65,200,000 are authorized for High Performance 
     Computing and Communications.
       (6) For Mission Communication Services, $461,300,000.
       (7) For Academic Programs, $102,200,000.
       (b) Construction of Facilities.--(1) Of the funds 
     authorized to be appropriated under subsection (a)(2), 
     $3,000,000 are authorized for the construction of an addition 
     to the Microgravity Development Laboratory, Marshall Space 
     Flight Center.
       (2) Of the funds authorized to be appropriated under 
     subsection (a)(3), $17,000,000 are authorized for 
     construction of Earth Systems Science Building, Goddard Space 
     Flight Center.
       (3) Of the funds authorized to be appropriated under 
     subsection (a)(5), $5,400,000 are authorized for 
     modernization of the Unitary Plan Wind Tunnel Complex, Ames 
     Research Center.

     SEC. 213. MISSION SUPPORT.

       There are authorized to be appropriated to the National 
     Aeronautics and Space Administration for fiscal year 1996 for 
     Mission Support the following amounts:
       (1) For Safety, Reliability, and Quality Assurance, 
     $37,600,000.
       (2) For Space Communications Services, $299,400,000, of 
     which $175,800,000 are authorized for the Tracking and Data 
     Relay Satellite Replenishment program.
       (3) For Research and Program Management, including 
     personnel and related costs, travel, and research operations 
     support, $2,094,800,000.
       (4) For Construction of Facilities, including land 
     acquisition, $166,400,000, of which--

[[Page H 10013]]

       (A) $6,300,000 are authorized for restoration of Flight 
     Systems Research Laboratory, Ames Research Center;
       (B) $3,000,000 are authorized for restoration of Chilled 
     Water Distribution System, Goddard Space Flight Center;
       (C) $4,800,000 are authorized for replacement of Chillers, 
     various buildings, Jet Propulsion Laboratory;
       (D) $1,100,000 are authorized for rehabilitation of 
     Electrical Distribution System, White Sands Test Facility, 
     Johnson Space Center;
       (E) $4,200,000 are authorized for replacement of Main 
     Substation Switchgear and Circuit Breakers, Johnson Space 
     Center;
       (F) $1,800,000 are authorized for replacement of 15KV Load 
     Break Switches, Kennedy Space Center;
       (G) $9,000,000 are authorized for rehabilitation of Central 
     Air Equipment Building, Lewis Research Center;
       (H) $4,700,000 are authorized for restoration of High 
     Pressure Air Compressor System, Marshall Space Flight Center;
       (I) $6,800,000 are authorized for restoration of 
     Information and Electronic Systems Laboratory, Marshall Space 
     Flight Center;
       (J) $1,400,000 are authorized for restoration of Canal 
     Lock, Stennis Space Center;
       (K) $2,500,000 are authorized for restoration of Primary 
     Electrical Distribution System, Wallops Flight Facility;
       (L) $35,000,000 are authorized for repair of facilities at 
     various locations, not in excess of $1,500,000 per project;
       (M) $35,000,000 are authorized for rehabilitation and 
     modification of facilities at various locations, not in 
     excess of $1,500,000 per project;
       (N) $3,800,000 are authorized for minor construction of new 
     facilities and additions to existing facilities at various 
     locations, not in excess of $1,500,000 per project;
       (O) $10,000,000 are authorized for facility planning and 
     design; and
       (P) $37,000,000 are authorized for environmental compliance 
     and restoration.

     SEC. 214. INSPECTOR GENERAL.

       There are authorized to be appropriated to the National 
     Aeronautics and Space Administration for fiscal year 1996 for 
     Inspector General, $17,300,000.

     SEC. 215. TOTAL CONSTRUCTION OF FACILITIES AUTHORIZATION.

       Notwithstanding any other provision of this subtitle, the 
     total amount authorized to be appropriated under this title 
     for Construction of Facilities shall not exceed $199,200,000.

               PART II--LIMITATIONS AND SPECIAL AUTHORITY

     SEC. 221. USE OF FUNDS FOR CONSTRUCTION.

       (a) Authorized Uses.--Funds appropriated under sections 
     211(a), 212(a), and 213(1) and (2), and funds appropriated 
     for research operations support under section 213(3), may be 
     used for the construction of new facilities and additions to, 
     repair of, rehabilitation of, or modification of existing 
     facilities at any location in support of the purposes for 
     which such funds are authorized.
       (b) Limitation.--None of the funds used pursuant to 
     subsection (a) may be expended for a project, the estimated 
     cost of which to the National Aeronautics and Space 
     Administration, including collateral equipment, exceeds 
     $500,000, until 30 days have passed after the Administrator 
     has notified the Committee on Science of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate of the nature, location, and 
     estimated cost to the National Aeronautics and Space 
     Administration of such project.
       (c) Title to Facilities.--If funds are used pursuant to 
     subsection (a) for grants to institutions of higher 
     education, or to nonprofit organizations whose primary 
     purpose is the conduct of scientific research, for purchase 
     or construction of additional research facilities, title to 
     such facilities shall be vested in the United States unless 
     the Administrator determines that the national program of 
     aeronautical and space activities will best be served by 
     vesting title in the grantee institution or organization. 
     Each such grant shall be made under such conditions as the 
     Administrator shall determine to be required to ensure that 
     the United States will receive therefrom the benefits 
     adequate to justify the making of that grant.

     SEC. 222. AVAILABILITY OF APPROPRIATED AMOUNTS.

       To the extent provided in appropriations Acts, 
     appropriations authorized under part I may remain available 
     without fiscal year limitation.

     SEC. 223. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.

       Appropriations authorized under section 211(b), 212(b), or 
     213(4)--
       (1) may be varied upward by 10 percent at the discretion of 
     the Administrator; or
       (2) may be varied upward by 25 percent, to meet unusual 
     cost variations, after the expiration of 30 days following a 
     report on the circumstances of such action by the 
     Administrator to the Committee on Science of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.

     The aggregate amount authorized to be appropriated under 
     sections 211(b), 212(b), and 213(4) shall not be increased as 
     a result of actions authorized under paragraphs (1) and (2) 
     of this section.

     SEC. 224. CONSIDERATION BY COMMITTEES.

       Notwithstanding any other provision of this title--
       (1) no amount appropriated to the National Aeronautics and 
     Space Administration may be used for any program for which 
     the President's annual budget request included a request for 
     funding, but for which the Congress denied or did not provide 
     funding;
       (2) no amount appropriated to the National Aeronautics and 
     Space Administration may be used for any program in excess of 
     the amount actually authorized for the particular program by 
     part I; and
       (3) no amount appropriated to the National Aeronautics and 
     Space Administration may be used for any program which has 
     not been presented to the Congress in the President's annual 
     budget request or the supporting and ancillary documents 
     thereto,

     unless a period of 30 days has passed after the receipt by 
     the Committee on Science of the House of Representatives and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate of notice given by the Administrator containing a full 
     and complete statement of the action proposed to be taken and 
     the facts and circumstances relied upon in support of such 
     proposed action. The National Aeronautics and Space 
     Administration shall keep the Committee on Science of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate fully and currently 
     informed with respect to all activities and responsibilities 
     within the jurisdiction of those committees. Except as 
     otherwise provided by law, any Federal department, agency, or 
     independent establishment shall furnish any information 
     requested by either committee relating to any such activity 
     or responsibility.

     SEC. 225. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR 
                   EXTRAORDINARY EXPENSES.

       Funds appropriated under section 212 may be used, but not 
     to exceed $35,000, for scientific consultations or 
     extraordinary expenses upon the authorization of the 
     Administrator.
                  Subtitle C--Miscellaneous Provisions

     SEC. 231. PURCHASE OF AIRBORNE INFRARED ASTRONOMY DATA 
                   SERVICES.

       (a) Contract for Services.--The Administrator is authorized 
     to enter into multiyear contracts for the purchase of 
     services to provide infrared astronomical data by airborne 
     platforms. Such contracts may provide for the acquisition of 
     aircraft, instruments, support equipment, and any capital 
     items necessary to meet Government needs, and further, the 
     costs of such items may be amortized over the life of the 
     contract.
       (b) Termination Liability.--Any contract entered into 
     pursuant to this section may provide for the payment of 
     contingent liability that may accrue in the event that the 
     Federal Government for its convenience terminates such 
     contracts. Payments made for such liability shall be derived 
     from appropriations for Science, Aeronautics, and Technology 
     which remain unobligated from any fiscal year.
       (c) Calculation of Transactions.--For the purposes of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     the Congressional Budget Act of 1974, the Budget Enforcement 
     Act of 1990, and scorekeeping guidelines, the Office of 
     Management and Budget and the Congressional Budget Office 
     shall score any contract entered into under this section in 
     the same manner as if the contract had been entered into on 
     September 30, 1990.

     SEC. 232. FACILITIES CLOSING COMMISSION.

       (a) Establishment.--In the event that the total amount of 
     funds appropriated to the National Aeronautics and Space 
     Administration for fiscal year 1996 is less than the amount 
     authorized to be appropriated to the National Aeronautics and 
     Space Administration in this title, there shall be 
     established an independent commission to be known as the 
     National Aeronautics and Space Administration Facilities 
     Commission (hereafter referred to in this section as the 
     ``Commission''). The Commission shall be constituted and 
     conduct its activities in accordance with a plan provided to 
     Congress by the President within 90 days after the date of 
     the enactment of the Act making such appropriations.
       (b) Purpose.--The purpose of the Commission shall be to 
     make recommendations for the closure or reconfiguration of 
     National Aeronautics and Space Administration facilities, 
     including research and operations Centers, resulting in cost 
     savings for the overall budget for such facilities.
                    TITLE III--DEPARTMENT OF ENERGY

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Energy Research and 
     Development Act of 1995''.

     SEC. 302. FINDINGS.

       The Congress finds that--
       (1) Federal support of research and development in general, 
     and energy research and development in particular, has played 
     a key role in the growth of the United States economy since 
     World War II through the production of new knowledge, the 
     development of new technologies and processes, and the 
     demonstration of such new technologies and processes for 
     application to industrial and other uses;
       (2) Federal support of energy research and development is 
     especially important because such research and development 
     contributes to solutions for national problems in energy 
     security, environmental restoration, and economic 
     competitiveness;
       (3) the Department of Energy has successfully promoted new 
     technologies and processes to address problems with energy 
     supply, fossil energy, and energy conservation 

[[Page H 10014]]
     through its various research and development programs;
       (4) while the Federal budget deficit and payments on the 
     national debt must be addressed through cost-cutting 
     measures, investments in basic research and research and 
     development on key energy issues must be maintained;
       (5) within the last two years, the Department of Energy has 
     made great strides in managing its programs more efficiently 
     and effectively;
       (6) significant savings should result from these measures 
     without hampering the Department's core missions; and
       (7) the Strategic Realignment Initiative and other such 
     efforts of the Department should be continued.

     SEC. 303. DEFINITIONS.

       For purposes of this title--
       (1) the term ``Department'' means the Department of Energy; 
     and
       (2) the term ``Secretary'' means the Secretary of Energy.

     SEC. 304. ENERGY CONSERVATION.

       There are authorized to be appropriated to the Secretary 
     for fiscal year 1996 for energy conservation research, 
     development, and demonstration--
       (1) $62,700,000 for energy conservation in buildings;
       (2) $121,700,000 for energy conservation by industry;
       (3) $185,700,000 for energy conservation in the 
     transportation sector;
       (4) no funds for energy conservation by utilities;
       (5) $36,400,000 for technical and financial assistance; and
       (6) $7,000,000 for policy and management activities.

     SEC. 305. FOSSIL ENERGY.

       There are authorized to be appropriated to the Secretary 
     for fiscal year 1996 for fossil energy research, development, 
     and demonstration--
       (1) $114,900,000 for coal;
       (2) $81,700,000 for petroleum;
       (3) $116,300,000 for gas;
       (4) no funds for the Fossil Energy Cooperative Research and 
     Development Program;
       (5) $2,000,000 for fuels;
       (6) $64,000,000 for program direction and management;
       (7) $3,000,000 for plant and capital improvements; and
       (8) $16,400,000 for environmental restoration.

     SEC. 306. HIGH ENERGY AND NUCLEAR PHYSICS.

       (a) Authorizations.--There are authorized to be 
     appropriated to the Secretary for fiscal year 1996 for high 
     energy and nuclear physics activities of the Department--
       (1) $665,000,000 for high energy physics activities;
       (2) $321,100,000 for nuclear physics activities; and
       (3) $9,000,000 for program direction.
       (b) Report to Congress.--Before May 1, 1996, the Secretary, 
     after consultation with the high energy and nuclear physics 
     communities, shall prepare and transmit to the Congress a 
     strategic plan for the high energy and nuclear physics 
     activities of the Department, assuming a combined budget of 
     $900,000,000 for all activities authorized under this section 
     for each of the fiscal years 1997, 1998, 1999, and 2000. The 
     report shall include--
       (1) a list of research opportunities to be pursued, 
     including both ongoing and proposed activities;
       (2) an analysis of the relevance of each research facility 
     to the research opportunities listed under paragraph (1):
       (3) a statement of the optimal balance among facility 
     operations, construction, and research support and the 
     optimal balance between university and laboratory research 
     programs;
       (4) schedules for the continuation, consolidation, or 
     termination of each research program, and continuation, 
     upgrade, transfer, or closure of each research facility; and
       (5) a statement by project of efforts to coordinate 
     research projects with the international community to 
     maximize the use of limited resources and avoid unproductive 
     duplication of efforts.

     SEC. 307. SOLAR AND RENEWABLE ENERGY.

       There are authorized to be appropriated to the Secretary 
     for fiscal year 1996 for solar and renewable energy research, 
     development, and demonstration--
       (1) $263,000,000 for solar energy;
       (2) $30,000,000 for geothermal energy;
       (3) $25,000,000 for hydrogen energy;
       (4) $500,000 for hydropower;
       (5) $34,700,000 for electric energy systems; and
       (6) $5,200,000 for energy storage systems.

     SEC. 308. NUCLEAR ENERGY.

       (a) Authorizations.--There are authorized to be 
     appropriated to the Secretary for fiscal year 1996 for 
     nuclear energy research, development, and demonstration--
       (1) $161,000,000 for nuclear energy, including $49,740,000 
     for the Advanced Light Water Reactor program;
       (2) $69,700,000 for the termination of certain facilities; 
     and
       (3) $25,400,000 for isotope support.
       (b) Prohibitions.--None of the funds authorized in this 
     title for any fiscal year may be used for the Soviet Design 
     Reactor Safety Initiative or the Russian Replacement Power 
     Initiative.
       (c) National Academy of Sciences Report.--The Secretary 
     shall enter into an agreement with the National Academy of 
     Sciences for such Academy to conduct a study of the Gas 
     Turbine-Modular Helium Reactor, and report the results of 
     such study to the Congress by December 31, 1995. Such study 
     shall consider the technical feasibility and economic 
     potential of such reactor design.

     SEC. 309. CIVILIAN WASTE; ENVIRONMENT, SAFETY, AND HEALTH.

       There are authorized to be appropriated to the Secretary 
     for fiscal year 1996 for research, development, and 
     demonstration--
       (1) $700,000 for civilian waste; and
       (2) $143,900,000 for environment, safety, and health.

     SEC. 310. LONG-TERM INITIATIVES.

       (a) Authorizations.--There are authorized to be 
     appropriated to the Secretary for fiscal year 1996--
       (1) $429,500,000 for biological and environmental research 
     activities;
       (2) $275,000,000 for fusion energy research, development, 
     and demonstration, including a fusion research program using 
     the Tokamak Fusion Test Reactor, except that no funds 
     authorized by this title for fiscal year 1996 or 1997 may be 
     used for construction of the Tokamak Physics Experiment; and
       (3) $761,000,000 for basic energy sciences research 
     activities.
       (b) Report to Congress.--Before May 1, 1996, the Secretary, 
     after consultation with the relevant scientific communities, 
     shall prepare and transmit to the Congress a report detailing 
     a strategic plan for the operation of facilities that are 
     provided funds authorized by subsection (a)(3). The report 
     shall include--
       (1) a list of such facilities, including schedules for 
     continuation, upgrade, transfer, or closure of each facility;
       (2) a list of proposed facilities to be provided funds 
     authorized by subsection (a)(3), including schedules for the 
     construction and operation of each facility;
       (3) a list of research opportunities to be pursued, 
     including both ongoing and proposed activities, by the 
     research activities authorized by subsection (a)(3); and
       (4) an analysis of the relevance of each facility listed in 
     paragraphs (1) and (2) to the research opportunities listed 
     in paragraph (3).

     SEC. 311. SUPPORT PROGRAMS FOR ENERGY SUPPLY RESEARCH AND 
                   DEVELOPMENT.

       There are authorized to be appropriated to the Secretary 
     for fiscal year 1996 for support programs for Energy Supply 
     Research and Development--
       (1) $1,400,000 for Energy Research Analyses;
       (2) $40,000,000 for Laboratory Technology Transfer;
       (3) $7,700,000 for advisory and oversight activities;
       (4) $25,000,000 for the Multi-Program Energy Laboratory 
     program;
       (5) $4,000,000 for policy and management of Energy Supply 
     Research and Development;
       (6) $2,000,000 for policy and management of the energy 
     research programs;
       (7) $20,000,000 for University and Science Education 
     programs;
       (8) $10,000,000 for the Technology Information Management 
     Program;
       (9) $2,000,000 for the Technology Partnership;
       (10) $15,000,000 for In-House Energy Management; and
       (11) $642,000,000 for Civilian Environmental Restoration 
     and Waste Management.

     SEC. 312. LIMITATION.

       None of the funds authorized by this title shall be used at 
     the Idaho National Engineering Laboratory after June 1, 1996, 
     with the exception of funds authorized by sections 309 and 
     311(11).

     SEC. 313. ADDITIONAL AUTHORIZATIONS.

       There are authorized to be appropriated to the Secretary 
     for each of the fiscal years 1997, 1998, 1999, and 2000 
     $4,342,000,000 for carrying out the activities authorized by 
     this title.

     SEC. 314. SENSE OF CONGRESS.

       It is the sense of the Congress that $100,000,000 
     previously appropriated for the Clean Coal Technology Program 
     should be returned to the Treasury, and that $220,000,000 of 
     funds previously appropriated for activities for which funds 
     are authorized by this title, and allocated for a specific 
     location by the Congress, should also be returned to the 
     Treasury.
       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 1995''.

     SEC. 402. POLICY AND PURPOSE.

       It is the policy of the United States and the purpose of 
     this title to--
       (1) support and promote continuing the mission of the 
     National Oceanic and Atmospheric Administration to monitor, 
     describe and predict changes in the Earth's environment, 
     protect lives and property, and conserve and manage the 
     Nation's coastal and marine resources to ensure sustainable 
     economic opportunities;
       (2) affirm that such mission involves basic 
     responsibilities of the Federal Government for ensuring 
     general public safety, national security, and environmental 
     well-being, and promising economic growth;
       (3) affirm that the successful execution of such mission 
     depends strongly on interdependency and synergism among 
     component activities of the National Oceanic and Atmospheric 
     Administration;

[[Page H 10015]]

       (4) recognize that the activities of the National Oceanic 
     and Atmospheric Administration underlie the societal and 
     economic well-being of many sectors of our Nation; and
       (5) recognize that such mission is most effectively 
     performed by a single Federal agency with the capability to 
     link societal and economic decisions with a comprehensive 
     understanding of the Earth's environment, as provided for in 
     this title.

     SEC. 403. NATIONAL WEATHER SERVICE OPERATIONS AND RESEARCH.

       There are authorized to be appropriated to the Secretary of 
     Commerce to enable the National Oceanic and Atmospheric 
     Administration to carry out the operations and research 
     activities of the National Weather Service $483,124,000 for 
     fiscal year 1996.

     SEC. 404. NATIONAL WEATHER SERVICE SYSTEMS ACQUISITION.

       (a) Authorization.--There are authorized to be appropriated 
     to the Secretary of Commerce to enable the National Oceanic 
     and Atmospheric Administration to improve its public warning 
     and forecast systems $90,343,000 for fiscal year 1996. None 
     of the funds authorized under this section may 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).
       (b) Contractor Activities.--Activities of any non-Federal 
     entity, including the purchase, transportation, receipt, and 
     installation of property and materials, on behalf of the 
     National Oceanic and Atmospheric Administration pursuant to 
     the modernization of the National Weather Service as set 
     forth in the Weather Service Modernization Act (title VII of 
     Public Law 102-567), are hereby expressly exempted from 
     taxation in any manner or form by any State, county, or 
     municipality, or any subdivision thereof.
       (c) Repeal.--Section 102(b)(2) of the National Oceanic and 
     Atmospheric Administration Authorization Act of 1992 is 
     repealed.

     SEC. 405. WEATHER SERVICE MODERNIZATION.

       (a) Amendments.--The Weather Service Modernization Act is 
     amended--
       (1) in section 706--
       (A) by striking ``60-day'' in subsection (c)(2) and 
     inserting in lieu thereof ``30-day'';
       (B) by amending subsection (b)(6) to read as follows:
       ``(6) any recommendations of the Committee submitted under 
     section 707(c) that evaluate the certification.'';
       (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) 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) 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.''.
       (b) Sense of Congress Regarding Additional Modernization 
     Activities.--It is the sense of Congress that the Secretary 
     of Commerce should plan for the implementation of a follow-on 
     modernization program aimed at improving weather services 
     provided to areas which do not receive weather radar coverage 
     at 10,000 feet. In carrying out such a program, the Secretary 
     should plan for a procurement of Block II NEXRAD radar units.

     SEC. 406. BASIC FUNCTIONS AND PRIVATIZATION OF NATIONAL 
                   WEATHER SERVICE .

       (a) Basic Functions.--The basic functions of the National 
     Weather Service shall be--
       (1) the provision of forecasts and warnings including 
     forecasts and warnings, of severe weather, flooding, 
     hurricanes, and tsunami events;
       (2) the collection, exchange, and distribution of 
     meteorological, hydrologic, climatic, and oceanographic data 
     and information; and
       (3) the preparation of hydrometeorological guidance and 
     core forecast information.
       (b) Prohibition.--The National Weather Service shall not 
     provide any new or enhanced weather services for the sole 
     benefit of an identifiable private entity or group of such 
     entities operating in any sector of the national or 
     international economy in competition with the private weather 
     service industry.
       (c) New or Enhanced Service.--If the Secretary determines, 
     after consultation with appropriate Federal and State 
     officials, that a new or enhanced weather service is 
     necessary and in the public interest to fulfill the 
     international obligations of the United States, to enable 
     State or Federal emergency or resource managers to better 
     perform their State or Federal duties, or to carry out the 
     functions of the National Weather Service described in 
     subsection (a), the National Weather Service may provide such 
     new or enhanced service as one of its basic functions if--
       (1) each new or enhanced service provided by the National 
     Weather Service will be limited to the level that the 
     Secretary determines necessary to fulfill the requirements of 
     this subsection, taking into account the capabilities and 
     limitations of resources available, scientific knowledge, and 
     technological capability of the National Weather Service; and
       (2) upon request, the National Weather Service will 
     promptly make available to any person the data or data 
     products supporting the new or enhanced service provided 
     pursuant to this section, at a cost not greater than that 
     sufficient to recover the cost of dissemination.
       (d) Federal Register.--The Secretary shall promptly publish 
     in the Federal Register each determination made under 
     subsection (c).
       (e) Privatization Review.--The Secretary shall, by February 
     15, 1996, conduct a review of all existing weather services 
     and activities performed by the National Oceanic and 
     Atmospheric Administration in order to identify those 
     activities which may be transferred to the private sector. 
     Such review shall include a determination that activities 
     identified for privatization will continue to be disseminated 
     to users on a reasonably affordable basis with no degradation 
     of service. The Secretary shall, by March 15, 1996, provide 
     to the Speaker of the House of Representatives and the 
     President of the Senate a plan for transferring these 
     identified services to the private sector.

     SEC. 407. CLIMATE AND AIR QUALITY RESEARCH.

       (a) Authorization.--There are authorized to be appropriated 
     to the Secretary of Commerce to enable the National Oceanic 
     and Atmospheric Administration to carry out its climate and 
     air quality research activities $139,238,000 for fiscal year 
     1996.
       (b) GLOBE.--Of the amount authorized in subsection (a), 
     $7,000,000 are authorized for fiscal year 1996 for a program 
     to increase scientific understanding of the Earth and student 
     achievement in math and science by using a worldwide network 
     of schools to collect environmental observations. Beginning 
     in fiscal year 1996, amounts appropriated for such program 
     may be obligated only to the extent that an equal or greater 
     amount of non-Federal funding is provided for such program.

     SEC. 408. ATMOSPHERIC RESEARCH.

       There are authorized to be appropriated to the Secretary of 
     Commerce to enable the National Oceanic and Atmospheric 
     Administration to carry out its atmospheric research 
     activities $46,909,000 for fiscal year 1996.

     SEC. 409. OCEANS AND GREAT LAKES PROGRAMS.

       (a) Marine Prediction Research.--There are authorized to be 
     appropriated to the Secretary of Commerce to enable the 
     National Oceanic and Atmospheric Administration to carry out 
     its oceans and Great Lakes research activities, including 
     Marine Prediction Research, $14,984,000 for fiscal year 1996.
       (b) Sea Grant.--Section 212(a) and (b) of the National Sea 
     Grant College Program Act (33 U.S.C. 1131 (a) and (b)) are 
     amended to read as follows:
       ``(a) The Secretary shall maintain within the 
     Administration a program to be known as the National Sea 
     Grant College Program. The National Sea Grant College Program 
     shall consist of the financial assistance and other 
     activities provided for in this Act, and shall be 
     administered by a National Sea Grant Office within the 
     Administration. The Secretary shall establish long-range 
     planning guidelines and priorities for, and adequately 
     evaluate, this program.
       ``(b) There are authorized to be appropriated to carry out 
     all aspects of the National Sea Grant College Program, 
     including research directed toward zebra mussel and other 
     aquatic nuisance mitigation, $49,400,000 for fiscal year 
     1996.''.
       (c) National Undersea Research.--By February 15, 1996, the 
     Administrator of the National Oceanic and Atmospheric 
     Administration 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 setting 
     forth those specific actions taken to ensure that the 
     research activities formerly carried out under the National 
     Undersea Research Program are transferred to and sustained 
     within other existing research programs of the National 
     Oceanic and Atmospheric Administration. In providing for this 
     transfer, the Administrator shall afford the maximum 
     practicable consideration to extending the existing 
     extramural grants and contracts of the National Undersea 
     Research Program. Within the amounts authorized by this 
     title, there are authorized such sums as may be necessary for 
     carrying out the purposes of this subsection.

[[Page H 10016]]


     SEC. 410. SATELLITE OBSERVING AND ENVIRONMENTAL DATA 
                   MANAGEMENT SYSTEMS.

       (a) Authorization.--There are authorized to be appropriated 
     to the Secretary of Commerce to enable the National Oceanic 
     and Atmospheric Administration to carry out its satellite 
     observing systems activities and data and information 
     services, $357,381,000 for fiscal year 1996. None of the 
     funds authorized in this subsection may be used for the 
     purposes for which funds are authorized under section 105(d) 
     of the National Oceanic and Atmospheric Administration Act of 
     1992 (Public Law 102-567).
       (b) Meteorological Satellite Acquisition Strategic Plan.--
     By February 15, 1996, the Secretary of Commerce shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Science of the House of 
     Representatives a strategic plan for the acquisition of 
     meteorological satellite systems which provides options for 
     reducing the annual costs of acquisition. The Secretary shall 
     consider alternative contractual approaches including--
       (1) single prime contracts which provide for satellite 
     delivery on orbit;
       (2) acquisition of data services rather than hardware 
     procurement; and
       (3) Government-private sector cost sharing.
       (c) Amendment to the Land Remote Sensing Act of 1992.--
     Section 101 of the Land Remote Sensing Act of 1992 (15 U.S.C. 
     5601 et seq.) is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Authority To Retain Fees.--The Landsat Program 
     Management Member responsible for operation of the Landsat 7 
     system may retain fees collected from foreign ground stations 
     and from other Landsat 7 data sales to offset the costs of 
     operating the Landsat 7 system.''.
       (d) Sole Source Contracts.--Of the sums authorized under 
     subsection (a) of this section, $44,561,000 for fiscal year 
     1996 are authorized to remain available until expended to 
     procure additional Geostationary Operational Environmental 
     NEXT satellites and instruments together with the launch and 
     supporting ground systems for such satellites, to enter 
     through the National Aeronautics and Space Administration 
     into contracts and amendments or modifications of contracts 
     with the developer of previous GOES-NEXT satellites to ensure 
     and facilitate the acquisition of the additional GOES-NEXT 
     satellites and instruments, if the Secretary of Commerce 
     certifies to the Speaker of the House of Representatives and 
     the President of the Senate that the exercise of such 
     authority is necessary to ensure continuous service in 
     geostationary satellite imagery equivalent to that provided 
     by the GOES I-M system.
       (e) Interagency Facility Consolidation.--By February 15, 
     1996, the Secretary, in consultation with the Administrator 
     of the National Aeronautics and Space Administration, shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Science of 
     the House of Representatives a report assessing the costs and 
     impacts on operations that would result from the 
     consolidation of satellite command and control, and data 
     acquisition and transfer functions now being carried out at 
     the Satellite Operations Control Center and Command and Data 
     Acquisition Centers with functionally compatible facilities 
     located at the Goddard Space Flight Center.
       (f) Repeal.--Section 105(d)(2) of the National Oceanic and 
     Atmospheric Administration Authorization Act of 1992 is 
     repealed.

     SEC. 411. NATIONAL OCEAN SERVICE OBSERVATION AND ASSESSMENT.

       There are authorized to be appropriated to the Secretary of 
     Commerce to enable the National Oceanic and Atmospheric 
     Administration to carry out observation and assessment 
     activities $48,521,000 for fiscal year 1996.

     SEC. 412. PROGRAM SUPPORT.

       (a) Executive Direction and Administrative Activities.--
     There are authorized to be appropriated to the Secretary of 
     Commerce to enable the National Oceanic and Atmospheric 
     Administration to carry out executive direction and 
     administrative activities, including management, 
     administrative support, provision of retired pay of National 
     Oceanic and Atmospheric Administration commissioned officers, 
     and policy development, $55,725,000 for fiscal year 1996.
       (b) Acquisition, Construction, Maintenance, and Operation 
     of Facilities.--There are authorized to be appropriated to 
     the Secretary of Commerce for acquisition, construction, 
     maintenance, and operation of facilities of the National 
     Oceanic and Atmospheric Administration $52,299,000 for fiscal 
     year 1996.
       (c) Marine Services.--There are authorized to be 
     appropriated to the Secretary of Commerce to enable the 
     National Oceanic and Atmospheric Administration to carry out 
     marine service activities, including ship operations, 
     maintenance, and support, $62,011,000 for fiscal year 1996.
       (d) Aircraft Services.--There are authorized to be 
     appropriated to the Secretary of Commerce to enable the 
     National Oceanic and Atmospheric Administration to carry out 
     aircraft services activities, including aircraft operations, 
     maintenance, and support, $10,248,000 for fiscal year 1996.
       (e) Voluntary Separations and Retirements.--To ease the 
     transition into the civilian workforce of members of the 
     National Oceanic and Atmospheric Administration Commissioned 
     Officer Corps and to facilitate the reduction of active duty 
     officers--
       (1) section 1174a of title 10, United States Code, shall 
     apply to the NOAA Corps in the same manner and to the same 
     extent as that provision applies to the Department of 
     Defense, and the Secretary of Commerce shall implement the 
     provisions of that section with respect to the NOAA Corps and 
     apply the applicable provisions of title 33, United States 
     Code, relating to separation of NOAA Corps personnel; and
       (2) section 4403(a) and (g) through (i) of the Defense 
     Authorization Act for Fiscal Year 1993 (Public Law 102-484; 
     106 Stat. 2315) shall apply to the NOAA Corps in the same 
     manner and to the same extent as those provisions apply to 
     the Department of Defense, and the Secretary of Commerce 
     shall implement those provisions with respect to the NOAA 
     Corps and apply the applicable provisions of title 33, United 
     States Code, relating to retirement of NOAA Corps personnel.

     SEC. 413. NOAA FLEET MODERNIZATION.

       There are authorized to the Secretary of Commerce to enable 
     the National Oceanic and Atmospheric Administration to carry 
     out fleet modernization activities, including repair, 
     construction, acquisition, leasing, charter, or conversion of 
     vessels, including related equipment to maintain and 
     modernize the existing fleet and to continue planning the 
     modernization of the fleet, $5,950,000 for fiscal year 1996.

     SEC. 414. EDUCATIONAL PROGRAMS AND ACTIVITIES.

       The Secretary of Commerce may conduct educational programs 
     and activities related to the responsibilities of the 
     National Oceanic and Atmospheric Administration. For the 
     purposes of this section, the Secretary may award grants and 
     enter into cooperative agreements and contracts with States, 
     private sector, and nonprofit entities.

     SEC. 415. SUBPOENA.

       (a) General Rule.--Except as provided in subsection (c), no 
     employee of the National Weather Service shall give testimony 
     or introduce evidence before any court in any proceeding in 
     which the United States is not a party concerning any 
     function of the National Weather Service or any data, 
     information, or record created or acquired by the National 
     Weather Service unless a court of competent jurisdiction 
     determines that--
       (1) the evidence is not contained in the official records 
     maintained by the National Weather Service at the National 
     Climatic Data Center and is not otherwise available from any 
     other source; or
       (2) the evidence is contained in the official records 
     maintained by the National Weather Service at the National 
     Climatic Data Center but the applicable laws of evidence 
     provide no basis, including stipulation by the parties, under 
     which the requested data, information, or records can be 
     introduced in evidence without the employee's testimony.
       (b) Court Order.--No National Weather Service employee 
     shall honor any subpoena to provide testimony or introduce 
     evidence under the circumstances described in this section 
     unless the subpoena is accompanied by the requisite court 
     order.
       (c) Exception.--The National Weather Service may authorize 
     an employee to give testimony or introduce evidence in 
     proceedings in which the United States is not a party if such 
     testimony will further the interests of the National Weather 
     Service or the public.

     SEC. 416. WORKING CAPITAL FUND.

       (a) Establishment.--The Administrator of the National 
     Oceanic and Atmospheric Administration is authorized to 
     establish a working capital fund (in this section referred to 
     as the ``Fund''), to be available without fiscal year 
     limitation, for expenses necessary for the maintenance and 
     operation of such administrative services as the 
     Administrator shall find to be desirable in the interest of 
     economy and efficiency.
       (b) Transfer From Fund.--The Administrator may transfer 
     services out of the Fund upon a determination that 
     centralization of particular services is no longer 
     advantageous.
       (c) Transfers to Fund.--There shall be transferred to the 
     Fund the stocks of supplies, equipment, assets, liabilities, 
     and unpaid obligations relating to the services which the 
     Administrator determines will be performed through the Fund.
       (d) Appropriations.--Appropriations to the Fund, in such 
     amounts as may be necessary to provide additional working 
     capital, are authorized.
       (e) Credits to Fund.--The Fund shall be credited with 
     receipts from the sale or exchange of its property, and 
     receipts in payment for loss or damage to property owned by 
     the Fund.
       (f) Recovery to Fund.--The Fund shall recover, from the 
     appropriations and funds for which services are performed, 
     either in advance or by way of reimbursement, at rates which 
     will return in full all expenses of operation, including 
     reserves for annual leave, sick leave used, and the 
     depreciation of real and personal property: Provided, That 
     such services shall, to the fullest extent practicable, be 
     used to avoid duplication of separate like services in the 
     National Oceanic and Atmospheric Administration: Provided 
     further, That an adequate system of accounts for the Fund 
     shall be maintained on the accrual method and financial 
     records shall be 

[[Page H 10017]]
     prepared on the basis of such accounts. An annual business type budget 
     shall be prepared for operations under the Fund. The Fund 
     shall be subject to an annual audit to ensure that it is 
     being operated in accordance with all applicable accounting 
     rules.
       (g) Disposition of Net Income.--The amount of any earned 
     net income resulting from the operation of the Fund at the 
     close of each fiscal year may be applied to restore any 
     previous impairment of the Fund, and to ensure the 
     availability of working capital necessary to replace 
     equipment and inventories: Provided, That any remaining net 
     income after such restoration shall be paid into the General 
     Fund of the Treasury.
       (h) Delegation.--The Administrator is authorized to 
     delegate the responsibility for the management of the Fund.
       (i) Effective Date.--This section shall take effect on 
     October 1, 1995, or the date of the enactment of this Act, 
     whichever is later.

     SEC. 417. 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. Any person who violates this 
     section may be assessed a civil penalty by the Administrator 
     of the National Oceanic and Atmospheric Administration of not 
     more than $10,000 for each violation. Each day during which a 
     violation continues shall be considered a new offense. Such 
     penalties will be assessed after notice and opportunity for a 
     hearing.
       (b) Rewards.--The Administrator may offer and pay rewards 
     for the apprehension and conviction, or for information 
     helpful therein, of persons violating subsection (a), or for 
     information leading to the discovery of missing National 
     Weather Service property or the recovery thereof.

     SEC. 418. REIMBURSEMENT OF EXPENSES.

       (a) In General.--Notwithstanding section 3302 (b) and (c) 
     of title 31, United States Code, and subject to subsection 
     (b) of this section, all amounts received by the United 
     States in settlement of, or judgment for, damage claims 
     arising from the October 9, 1992, allision of the vessel 
     ZACHERY into the National Oceanic and Atmospheric 
     Administration research vessel DISCOVERER--
       (1) shall be retained as an offsetting collection in the 
     Operations, Research, and Facilities account of the National 
     Oceanic and Atmospheric Administration;
       (2) shall be deposited in that account upon receipt by the 
     United States Government; and
       (3) shall be available only for obligation for National 
     Oceanic and Atmospheric Administration marine services.
       (b) Limitation.--Not more than $518,757.09 of the amounts 
     referred to in subsection (a) may be deposited into the 
     Operations, Research, and Facilities account pursuant to 
     subsection (a).

     SEC. 419. CONSTRUCTION PROJECTS.

       (a) Weather Forecast Office.--The Secretary of Commerce is 
     authorized to enter into a contract with Florida State 
     University which shall--
       (1) provide the University with appropriated funds to 
     assist in the construction and associated expenses, including 
     parking, of a meteorological sciences building on its 
     Tallahassee, Florida, campus; and
       (2) include a space agreement with the University at no 
     cost to the Government, other than for operational expenses, 
     for space in this building for use as the Weather Forecast 
     Office.
       (b) Operations and Research Center.--The Secretary of 
     Commerce is authorized, subject to the availability of 
     appropriations, to construct, on approximately 10 acres of 
     land at Goddard Space Flight Center, a facility for a 
     National Oceanic and Atmospheric Administration Operations 
     and Research Center.

     SEC. 420. ADDITIONAL AUTHORIZATION FOR GAPS IN WEATHER 
                   SERVICE COVERAGE.

       From sums otherwise provided in this title, up to 
     $7,000,000 may be used to augment National Weather Service 
     coverage for those geographic areas identified in the June, 
     1995 report of the National Research Council as having 
     potentially degraded service.
                TITLE V--ENVIRONMENTAL PROTECTION AGENCY

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Environmental Research, 
     Development, and Demonstration Authorization Act of 1995''.

     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 $545,637,700 for fiscal year 1996 for the 
     Office of Research and Development for environmental 
     research, development, and demonstration 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, $103,508,800.
       (2) For water quality related research, $20,605,800.
       (3) For drinking water related research, $21,015,800.
       (4) For pesticide related research, $13,190,300.
       (5) For toxic chemical related research, $15,025,700.
       (6) For research related to hazardous waste, $22,131,400.
       (7) For multimedia related research expenses, $282,425,700.
       (8) For program management expenses, $7,225,600.
       (9) For research related to cleanup of contaminated sites, 
     $57,991,000.
       (10) For research related to leaking underground storage 
     tanks, $750,600.
       (11) For oil pollution related research, $1,767,100.
       (c) Limitation.--No funds are authorized to be appropriated 
     for any fiscal year after fiscal year 1996 for carrying out 
     the programs and activities for which funds are authorized by 
     this title.

     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 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. ENVIRONMENTAL TECHNOLOGY INITIATIVE.

       (a) Availability of Funds.--Of the amount authorized to be 
     appropriated in section 503(b)(7) for multimedia related 
     research expenses, $40,000,000 is available for the 
     Environmental Technology Initiative.
       (b) Limitations.--
       (1) Evaluation process.--The Administrator may select 
     projects for funding under the Environmental Technology 
     Initiative only through a competitive, merit-based evaluation 
     process.
       (2) Eligibility.--The projects eligible for funding under 
     the Environmental Technology Initiative are only the 
     following:
       (A) Projects to provide technical performance verification 
     of environmental technologies and involving, to the extent 
     appropriate, partnerships among Federal, State, local, and 
     tribal agencies and private-sector entities.
       (B) Projects to facilitate the demonstration of 
     environmental technologies at appropriate Federal or other 
     sites.
       (C) Projects to enhance the capacity of Federal, State, 
     local, and tribal agencies to promote the adoption of 
     environmental technologies through regulatory reforms, 
     technical assistance, improved dissemination of information 
     (domestically and internationally), modifications to 
     environmental permitting processes, and modifications to 
     enforcement processes.
       (3) Specific environmental technologies.--The Administrator 
     may not provide direct financial assistance under the 
     Environmental Technology Initiative to a private-sector 
     entity for the purpose of developing and commercializing a 
     specific environmental technology.
                          TITLE VI--TECHNOLOGY

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Technology Administration 
     Authorization Act of 1995''.

     SEC. 602. AUTHORIZATION OF APPROPRIATIONS.

       (a) Under Secretary for Technology.--There are authorized 
     to be appropriated to the Secretary of Commerce for the 
     activities of the Under Secretary for Technology/Office of 
     Technology Policy $9,992,000 for fiscal year 1996.
       (b) National Institute of Standards and Technology.--There 
     are authorized to be appropriated to the Secretary of 
     Commerce for the National Institute of Standards and 
     Technology for fiscal year 1996 the following amounts:
       (1) For Scientific and Technical Research and Services, 
     $744,200,000, of which--
       (A) $330,700,000 shall be for the Advanced Technology 
     Program under section 28 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278n);
       (B) $130,600,000 shall be 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); and
       (C) $3,400,000 shall be for the Malcolm Baldrige National 
     Quality Award program under section 17 of the Stevenson-
     Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711a).
       (2) For Construction of Research Facilities, $15,000,000.

[[Page H 10018]]


     SEC. 603. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT 
                   AMENDMENTS.

       The National Institute of Standards and Technology Act (15 
     U.S.C. 271 et seq.) is amended--
       (1) in section 10(a)--
       (A) by striking ``nine'' and inserting in lieu thereof 
     ``15''; and
       (B) by striking ``five'' and inserting in lieu thereof 
     ``10'';
       (2) in section 15--
       (A) by striking ``Pay Act of 1945; and'' and inserting in 
     lieu thereof ``Pay Act of 1945;''; and
       (B) by inserting ``(h) the provision of transportation 
     services for employees of the Institute between the 
     facilities of the Institute and nearby public transportation, 
     notwithstanding section 1344 of title 31, United States 
     Code,'' after ``interests of the Government'';
       (3) in section 19, by striking ``nor more than forty'';
       (4) in section 25(c)--
       (A) by striking ``for a period not to exceed six years'' in 
     paragraph (1); and
       (B) by striking ``which are designed'' and all that follows 
     through ``operation of a Center'' in paragraph (5) and 
     inserting in lieu thereof ``to a maximum of \1/3\ Federal 
     funding. Each Center which receives financial assistance 
     under this section shall be evaluated during its sixth year 
     of operations, and at least once each three years thereafter 
     as the Secretary considers appropriate, by an evaluation 
     panel appointed by the Secretary in the same manner as was 
     the evaluation panel previously appointed. The Secretary 
     shall not provide funding for additional years of the 
     Center's operation unless the most recent evaluation is 
     positive and the Secretary finds that continuation of funding 
     furthers the purposes of this section'';
       (5) in section 28--
       (A) by striking ``or contracts'' in subsection (b)(1)(B), 
     and inserting in lieu thereof ``contracts, and, subject to 
     the last sentence of this subsection, other transactions'';
       (B) by inserting ``and if the non-Federal participants in 
     the joint venture agree to pay at least 50 percent of the 
     total costs of the joint venture during the Federal 
     participation period, which shall not exceed 5 years,'' after 
     ``participation to be appropriate,'';
       (C) by striking ``provision of a minority share of the cost 
     of such joint ventures for up to 5 years, and (iii)'' in 
     subsection (b)(1)(B), and inserting in lieu thereof ``and'';
       (D) by striking ``and cooperative agreements'' in 
     subsection (b)(2), and inserting in lieu thereof ``, 
     cooperative agreements, and, subject to the last sentence of 
     this subsection, other transactions'';
       (E) by adding after subsection (b)(4) the following:

     ``The authority under paragraph (1)(B) and paragraph (2) to 
     enter into other transactions shall apply only if the 
     Secretary, acting through the Director, determines that 
     standard contracts, grants, or cooperative agreements are not 
     feasible or appropriate, and only when other transaction 
     instruments incorporate terms and conditions that reflect the 
     use of generally accepted commercial accounting and auditing 
     practices.''; and
       (F) by adding at the end the following new subsection:
       ``(k) Notwithstanding subsection (b)(1)(B)(ii) and 
     subsection (d)(3), the Director may grant extensions beyond 
     the deadlines established under those subsections for joint 
     venture and single applicant awardees to expend Federal funds 
     to complete their projects, if such extension may be granted 
     with no additional cost to the Federal Government and it is 
     in the Federal Government's interest to do so.'';
       (6) by redesignating section 31 as section 32; and
       (7) by inserting after section 30 the following new 
     section:


                       ``national quality program

       ``Sec. 31. A National Quality Program is established within 
     the Institute, the purpose of which shall be to perform 
     research and outreach activities to assist private sector 
     quality efforts and to serve as a mechanism by which 
     companies in the United States, universities and other 
     interested parties, and the Institute can work together to 
     advance quality management programs and to share and, as 
     appropriate, develop manufacturing best practices.''.

     SEC. 604. STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980 
                   AMENDMENTS.

       The Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3701 et seq.) is amended--
       (1) in section 11(i) (15 U.S.C. 3710(i))--
       (A) by inserting ``loan, lease,'' after ``department, 
     may''; and
       (B) by inserting ``Actions taken under this subsection 
     shall not be subject to Federal requirements on the disposal 
     of property.'' after ``education and research activities.''; 
     and
       (2) by amending section 17(c)(3) to read as follows:
       ``(3) No award shall be made within any category or 
     subcategory if there are no qualifying enterprises in that 
     category or subcategory.''.

     SEC. 605. PERSONNEL.

       The personnel management demonstration project established 
     under section 10 of the National Bureau of Standards 
     Authorization Act for Fiscal Year 1987 (15 U.S.C. 275 note) 
     is extended indefinitely.
              TITLE VII--UNITED STATES FIRE ADMINISTRATION

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Fire Administration 
     Authorization Act of 1995''.

     SEC. 702. 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 a semicolon; and
       (3) by adding at the end the following new subparagraphs:
       ``(G) $28,000,000 for the fiscal year ending September 30, 
     1996, which, notwithstanding subsection (h), includes any 
     amounts appropriated under subsection (h) (3) and (4) for 
     fiscal year 1996; and
       ``(H) $28,000,000 for the fiscal year ending September 30, 
     1997.''.

     SEC. 703. 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. 704. 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. 705. 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. 706. 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 1996 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.

  Mr. BROWN of California (during the reading). Mr. Chairman, I ask 
unanimous consent the amendment in the nature of a substitute be 
considered as read and printed in the Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
California?
  There was no objection.
  Mr. BROWN of California. Mr. Chairman, I think this is the last 
amendment, and I know we look forward to completing this bill as 
quickly as we can.
  Let me briefly indicate the scope of what we are trying to do here.
  Mr. Chairman, I rise to offer an alternative to H.R. 2405, which will 
hopefully bring our Nation's research and development back into line 
with the reality that is facing us over the next several decades. That 
is, we must balance the budget while preserving the wise investments 
that will generate economic growth and offer a better world for our 
children.
  Since the beginning of this year, the American people have been 
offered two vastly different alternative visions regarding the future 
direction we will take in Federal research and development. I want to 
take a few minutes to summarize this important debate.
  At the outset, let me stress that there is little or no difference 
between Republicans and Democrats or between the Congress and the 
President over the need and the importance of balancing the budget. All 
have accepted this as a staring point in the debate. The difference has 
to do with how quickly we can do so without harming rather than 
stimulating the economy, and which areas we can cut and still 

[[Page H 10019]]
deliver the benefits that middle class America wants from their 
government.
  The alternative I am offering is based on the Conservative Coalition 
Budget that was offered but not approved by the House earlier this 
year. The Conservative Budget Resolution was intended to achieve a 
balanced budget without targeting Medicare, student loans, or research 
and development. The reductions in Federal spending included in the 
Conservative Budget Resolution had only one purpose--to eliminate the 
deficit, not to pay for a tax cut for the rich, and, of course, I know 
that this is a major difference in the 2 parties here.
  Thus, the alternative we will consider, this substitute, does reduce 
spending on R&D by over 4 percent from the fiscal year 1995 levels and 
I can assure all my colleagues that these cuts are painful. However, it 
also attempts to preserve the valuable investments we have made in the 
past and it stops short of the extreme measures taken by the Republican 
leadership in H.R. 2405.
  It is an attempt to maintain a balanced R&D program including both 
basic and applied research and it preserves a Federal role in such 
areas as environmental research, energy research, and technology 
development. It recognizes science for what it is--an investment in the 
future--not some ideological playground.
  Mr. Chairman, I will put the rest of my remarks in the Record here. 
But let me say that this substitute is based upon the alternatives that 
were offered in the committee and obviously not accepted to each of 
these sections. It cuts below the 1995 level by 4 percent, as I 
indicated. It projects a 5-year outlook which will balance the budget 
within the 7-year period.
  I believe very strongly that this substitute is in the best interests 
of the American people and the American economy. I would like to 
indicate that this bill before us is one which, in its present 
condition, is unacceptable to the administration, and I will ask to 
insert the written statement of the administration with regard to the 
fact that the President would veto this bill if it came to it. I do not 
think it will ever get to him, but with my substitute, I think the 
President might be willing to sign this bill if it ever got to it.
  Mr. Chairman, the Republican leadership's view of science and 
technology would scarcely be recognized by most scientists or most 
American people. It is premised on the distorted view that applied 
science and research is in some way evil and must be eliminated. It 
seems to say that when a researcher gets to the point that he or she 
can envision how a particular line of research can be applied to 
another problem, he or she should be cut off. In the Republican view, 
research should never get to the point that it may become relevant.
  In the Republican view there is no room for Government-industry 
partnerships. There is a narrow minded obsession with the belief that 
industry can and will increase their investments in R&D as the 
Government pulls out. Privately owned companies are completely oriented 
toward maximizing their return on investment. The research needed for 
America to keep pace with the rest of the world is long term in nature 
and will take years to mature. This type of investment has become 
increasingly difficult for most companies to undertake on their own and 
the past two Administrations have developed cost shared partnership 
programs that are working. The Republican assertion that there will be 
some widespread sea change in which American industry begins to change 
its perceptions is sadly out of touch with reality.
  When Republicans attack R&D they are not attacking corporate welfare, 
they are threatening public health, public safety, the environment, 
energy security, and education. They are striking at the very heart of 
the link between the Government and the excellence of our colleges and 
universities. These are the very benefits middle-class America has 
valued in their Government.
  The Republican plan cuts science and technology 10 percent below 
fiscal year 1995 levels this year and begins the path toward the 5-year 
33 percent decline included in the budget resolution. These cuts affect 
not only the researchers themselves, they will affect every American. 
Universities will either have to abandon their roles in research or 
will have to find additional revenues to take up the slack. This 
amounts to nothing less than a hidden tax and will inevitably result in 
higher education costs.
  Industry will have to look elsewhere for support to keep abreast of 
cutting edge technologies. They will, by necessity, need to 
internationalize. Not only will this change the nature of American 
competitiveness, it will cause a job loss now and it will undermine job 
growth in the future.
  Mr. Chairman, I will close by restating the choices before us today. 
The extreme Republican leadership plan or the alternative that will 
continue the long tradition of unpoliticized, bipartisan support for 
our Nation's science and technology. I ask support for my alternative.
  The CHAIRMAN. The question is on the amendment in the nature of a 
substitute offered by the gentleman from California [Mr. Brown].
  The question was taken; and the Chairman announced that the noes 
appeared to have it.


                             recorded vote

  Mr. BROWN of California. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 177, 
noes 229, not voting 26, as follows:

                             [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

[[Page H 10020]]

     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

                              {time}  1855

  So the amendment in the nature of a substitute was rejected.
  The result of the vote was announced as above recorded.
  Mr. WALKER. Mr. Chairman, I move to strike the last word.
  Mr. HILLEARY. Mr. Chairman, will the gentleman yield?
  Mr. WALKER. I yield to the gentleman from Tennessee.
  (Mr. HILLEARY asked and was given permission to revise and extend his 
remarks.)
  Mr. HILLEARY. Mr. Chairman, I rise to encourage the House Members to 
vote for H.R. 2405, Omnibus Civilian Science Authorization Act. It is a 
good bill that contains vital programs and helpful language that 
affects the whole country.
  This bill includes a provision to update the language of the Unitary 
Wind Tunnel Act of 1949 which originally declared that the NASA 
Administrator and the Secretary of Defense should jointly develop a 
plan for construction of wind tunnel facilities for the solution of 
research, development, and evaluation problems in aeronautics at 
educational institutions within the continental limits of the United 
States for training and research in aeronautics, and to revise the 
uncompleted portions of the unitary plan from time to time to accord 
with changes in national defense requirements and scientific and 
technical advances.
  The field of aeronautics has received many advances since this act 
was last amended in 1958--almost four decades ago. Unfortunately, as we 
heard from expert testimony before the Science Committee, the wind 
tunnel facilities in this Nation are showing their age. The European 
countries, in a consortium, recently opened a new transonic wind tunnel 
while is technologically superior to any in the United States. This 
will have a direct effect on improving the competitiveness of European 
aircraft in the global market.
  Mr. Chairman, the aerospace industry is the second largest exporting 
industry in this country, second only to agriculture. While just a few 
short years ago, the Unites States aerospace industry accounted for 
around 70 percent of the global market, recent reports show that this 
year we may drop below 50 percent. This loss of market share costs us 
billions of dollars in our trade deficit and each percentage point of 
global aerospace market lost by our domestic companies translates into 
about 44,000 Americans losing their jobs.
  A study conducted by the National Research Council [NRC] in 1992 
identified that our current wind tunnel facilities are inadequate for 
maintaining aeronautical superiority into the next century.
  In 1994, NASA was directed by Congress to conduct a study of the 
needs and requirements of a National Wind Tunnel Complex and 
appropriated $35 million for the study.
  The language of this bill calls for no action on the wind tunnel 
until after the phase 1 study on the current status of our Nation's 
wind tunnels is complete. I feel confident that the information being 
gathered will be instrumental in maintaining aeronautical superiority 
over the rest of the world. With this in mind I encourage my colleagues 
to vote ``yes'' for this bill.
  Mr. BROWN of California. Mr. Chairman, my good friend from 
Pennsylvania has recently been citing a GAO report on the Advanced 
Technology Program as showing that 80 percent of the firms that receive 
ATP funds would have done the work without Government funding.
  I know a little about the GAO report because it was requested by the 
Democratic members of the Science Committee. The thrust of the GAO's 
finding was that, in their opinion, NIST officials had overstated the 
short-term successes of the ATP.
  Now if gilding the lily were a great sin, there probably wouldn't be 
very many of us in this body who would be allowed to speak on the 
floor. What is ironic in this particular case is that my friend from 
Pennsylvania has taken some liberties himself with the facts to try to 
make a better case for his position that ATP should be terminated--the 
very crime GAO found that NIST had committed.
  The relevant portion of the GAO report summarizes the findings from a 
third-party survey of 26 ATP award winning companies. To set the record 
straight I would like to briefly read from that survey.

    [From Solomon Associates, ``The Advanced Technology Program, an 
  Assessment of Short-Term Impacts: First Competition Participants,'' 
                               Feb. 1993]

       When asked ``with what likelihood their organization would 
     have pursued the development of this technology, without the 
     ATP award'' participants responded: 15 percent definitely 
     yes; 38 percent probably yes; 27 percent probably no; 19 
     percent definitely no.
       Asked further to elaborate on whether their organization 
     would have pursued the development of this technology--
     without the ATP award--at about the same level of effort, 
     with the same ultimate goal, none of the 26 companies 
     interviewed answered ``yes,'' while nearly \3/4\ of the 
     participants described how the project would have been 
     different without the ATP award. Typical comments made are:
       ``Would not have done the same thing without ATP--the scale 
     would have been smaller, the timelines slower, and the goal 
     would have been different--not as far-reaching.''
       ``Couldn't afford it. Might have skirted around the edges 
     of it, but not pursued it at the same level of effort with 
     the same resources.''
       ``Probably would have done, but at a much reduced level . . 
     . would have taken 10 times as long to get there and we may 
     never have accomplished what we have to date.''
       ``Ten years down the road, we might have gotten there, but 
     competitors might have gotten there before us.''
  Mr. Walker conveniently misquotes only the first part of these 
findings, pretending that the second half of the findings don't exist. 
But of course the whole point of ATP is not just to fund the research 
but to move the research forward in a timely fashion that fits with the 
research opportunities and rhythms of American firms competing against 
well-funded companies in other countries.
  Doing the research is fine, but doing it in time and in a way that 
improves a company's competitive standing is far better--better for 
American jobs, for American companies and for the American economy. My 
friend from Pennsylvania doesn't understand what anyone in the private 
sector could tell him.
  I hope that from here on out we can try to keep at least this small 
set of facts straight as we debate these important policy choices.


                              Office of Management and Budget,

                                 Washington, DC, October 11, 1995.

                   Statement of Administration Policy

(H.R. 2405--Omnibus Civilian Science Authorization Act of 1995, Walker 
                   of Pennsylvania and 4 cosponsors)

       If H.R. 2405 were presented to the President in its current 
     form, the Secretaries of Commerce and Energy, the EPA 
     Administrator, the Director of the Office of Management and 
     Budget and the President's Science Adviser would recommend 
     that the bill be vetoed because of its unacceptably deep 
     reductions in, and terminations of, Federal investments in 
     science and technology.
       This bill would reverse the past fifty years of unwavering, 
     bipartisan commitment to U.S. leadership in science and 
     technology. It would threaten economic growth, job creation, 
     protection of the environment, national security, and 
     improvements in the quality of life for all Americans.
       H.R. 2405 would cut authorized FY 1996 appropriations for 
     the Nation's civilian science and technology programs by more 
     than $3 billion below current levels and about $3.3 billion 
     below the President's FY 1996 Budget. The bill would 
     effectively terminate the Advanced Technology Program. This 
     Program promotes high-risk, long-term technology development 
     with economic potential, and is essential to our country's 
     competitiveness. H.R. 2405 would prohibit the use of funds 
     for 42 programs, projects, and activities of the Department 
     of Energy, including science education activities, laboratory 
     technology transfer programs, and efforts to improve the 
     safety of Soviet-designed nuclear reactors. H.R. 2405 would 
     also prohibit the use of funds for EPA's environmental 
     technology initiative and climate change action plan.
       The prohibitions on the use of funds authorized by H.R. 
     2405 to ``influence legislation pending before the Congress'' 
     except for 

[[Page H 10021]]
     certain ``requests for legislation or appropriations'' should be 
     deleted. These overly broad prohibitions, if applied 
     literally, would inappropriately and unnecessarily limit the 
     ability of departments and agencies to advise Congress and 
     the public of their views on pending legislation. These 
     provisions are especially troublesome insofar as they would 
     purport to constrain the constitutional authority of the 
     President to communicate his views, through subordinates, to 
     Congress and the American people. (Sections 129, 254, 310, 
     455, 505, and 607)
       Sections 237 and 309(a) would interfere with the 
     President's constitutional authorities to conduct foreign 
     affairs and should be deleted.
       H.R. 2405 also contains numerous provisions that would 
     significantly restrict effective and efficient management 
     decisionmaking or impose excessively burdensome reporting 
     requirements. These include sections 124, 132, 214, 252, 306, 
     307, 311, 312, and 503.
       A further explanation of major objections to H.R. 2405 is 
     contained in the Attachment.


                         pay-as-you-go scoring

       H.R. 2405 would affect direct spending and receipts; 
     therefore, it is subject to the pay-as-you-go (PAYGO) 
     requirements of the Omnibus Budget Reconciliation Act of 
     1990. The preliminary PAYGO estimate is being developed, but 
     it could be several hundred million dollars in FY 1996. The 
     major direct spending would result from the use of 
     unobligated funds previously appropriated for the Clean Coal 
     Technology Program for termination costs of certain Energy 
     Department programs (section 312). The bill does not contain 
     provisions to offset this increased deficit spending.


                               attachment

       Title VI--Technology. The appropriations authorization 
     levels for the Commerce Department's civilian technology 
     programs are unacceptable. These levels would gut initiatives 
     essential to U.S. competitiveness. The FY 1996 authorization 
     of appropriations for the entire National Institute of 
     Standards and Technology (NIST) of $338 million is $685 
     million less than the President's Budget, a reduction of 67 
     percent. Such a drastic cut will undermine the NIST labs' 
     ability to provide the scientific and industrial community 
     with the measurement base essential to industrial 
     competitiveness and public health and safety. The 
     authorization for the Under Secretary for Technology/Office 
     of Technology Policy is only $5.1 million compared to the 
     request of $13.9 million, a 63 percent reduction from the 
     President's Budget. This cut will deprive U.S. industry of an 
     effective advocate for technological innovation at a time of 
     fierce global competition.
       The bill provides no authorization for the Advanced 
     Technology Program and an authorization for the Manufacturing 
     Extension Program only to the extent that future 
     congressional budget allocations allow. These initiatives are 
     essential components of the Administration's portfolio of 
     civilian technology programs. Without these two programs, the 
     pace of research and technology development will be slowed, 
     and important improvements in U.S. manufacturing and business 
     performance will be curtailed.
       Title III--Department of Energy (Civilian Research and 
     Development). The FY 1996 authorization of appropriations for 
     energy research and development activities of $4.25 billion 
     is $1.2 billion below the President's Budget, a reduction of 
     more than 21 percent. The reduction includes termination of 
     funding, or significant reductions in funding, for research 
     in fusion energy, fossil energy, energy conservation, solar 
     energy and renewables, alternative fuel vehicles, and global 
     climate change, as well as for projects to improve the safety 
     of Soviet-designed nuclear reactors and laboratory technology 
     transfer.
       Sec. 309(a) would require the Secretary of Energy to 
     negotiate with a consortium of foreign governments with 
     specific instructions concerning a specified international 
     energy project, the Large Hadron Collider. This would 
     interfere with the President's constitutional authority to 
     determine whether and when to enter into negotiations, the 
     content of negotiations, and to whom that authority is 
     delegated.
       Title V--Environmental Protection Agency (Office of 
     Research and Development). The FY 1996 authorization of 
     appropriations for environmental research, development, and 
     demonstration activities of $490 million is $139 million less 
     than the President's Budget, a reduction of 22 percent. The 
     reduction includes termination of funding for innovative 
     environmental technologies, the climate change action plan, 
     and indoor air pollution research. The environmental 
     technology initiative is spurring development of new 
     technologies to protect public health, reduce costs, and 
     create new American jobs and export markets. There would also 
     be significant reductions in other critical programs.
       In addition to these resource reductions, H.R. 2405 would 
     seriously undermine EPA's flexibility in building a strong 
     environmental science research program. Such a program is 
     needed to ensure policy responses that are based on sound 
     science.
       Title IV--National Oceanic and Atmospheric Administration 
     (NOAA). NOAA's operations would be severely harmed by H.R. 
     2405. The bill would cause unnecessary delays in 
     modernization of the National Weather Service and cutting 
     edge research leading to economically sustainable 
     environmental policies. The FY 1996 authorization of 
     appropriations for NOAA operations, research, and facilities 
     of $1.69 billion is $405 million below the President's 
     Budget, a reduction of 19 percent. The bill would reduce 
     NOAA's satellite funding, thereby increasing the risk of 
     satellite failure and loss of severe weather data. Operations 
     and research funding would be reduced to a level that would 
     cripple NOAA's ability to maintain efforts to safeguard 
     environmental health and safety.
       Title II--National Aeronautics and Space Administration. 
     The FY 1996 authorization of appropriations for NASA of 
     $11.55 billion is a reduction of nearly $600 million from the 
     President's Budget request. The reduction includes $324 
     million for the Mission to Planet Earth program, a reduction 
     of 25 percent below the President's Budget; $35 million for 
     High Performance Computing and Communications, a 50 percent 
     cut; and termination of funding for the Clean Car initiative 
     and the Space Infrared Telescope Facility.
       Sec. 237 would impose onerous reporting and certification 
     requirements on the President and the Government of the 
     Russian Federation.
       Sec. 249 would deny NASA needed flexibility in 
     transitioning toward the privatization of the Space Shuttle.
       Sec. 252 would interrupt important NASA microgravity 
     sciences research and put at risk astronaut training until a 
     commercial operator is certified and ready to begin 
     operations.
       Title I--National Science Foundation (NSF). The FY 1996 
     authorization of appropriations for the NSF of $3.13 billion 
     is a reduction of $234 million below the President's Budget 
     request. The reduction will mean that investments in basic 
     research and education will have to be curtailed.
  Mr. PACKARD. Mr. Chairman, as a former member of the Science, Space, 
and Technology Committee, I know just how important our civilian 
research efforts are.
  This Federal-civilian partnership plays a key role in sponsoring 
developments in space flight and exploration, environmental protection, 
energy use and conservation and weather tracking, just to name a few. 
The scientific value of this legislation cannot be overstated. It is an 
investment in our future--not just our ability to compete in global 
technology, but in the quality of our lives in the rapidly approaching 
21st century and beyond. The results of our research are not in 
saleable goods, but in benefits that are readily available to everyone.
  I strongly urge my colleagues to support this bill in order to secure 
our place in the future and the technology necessary for our children 
and Nation to prosper.
  The CHAIRMAN. Are there further amendments to the bill?
  If not, under the rule, the Committee rises.
  Accordingly the Committee rose; and the Speaker pro tempore (Mr. 
Dickey) having assumed the chair, Mr. Kingston, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 2405) to 
authorize appropriations for fiscal years 1996 and 1997 for civilian 
science activities of the Federal Government, and for other purposes, 
pursuant to House Resolution 234, he reported the bill back to the 
House with sundry amendments adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment? If not, the Chair will 
put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. BROWN of California. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 248, 
nays 161, not voting 23, as follows:

                             [Roll No. 713]

                               YEAS--248

     Allard
     Andrews
     Archer
     Armey
     Bachus
     Baker (CA)
     Baker (LA)
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Bartlett
     Bass
     Bateman
     Bereuter
     Bilbray
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Brewster
     Brownback
     Bryant (TN)
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Castle
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Chrysler
     Clinger
     Coble
     Coburn
     Collins (GA)
     Combest
     Condit
     Cox
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Danner
     Davis
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Dooley
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     English
     Ensign
     Everett
     Ewing
     Fawell
     Fields (TX)
     Flanagan
     Foley
     Forbes
     Fowler
     Fox
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Frost
     Funderburk
     Gallegly

[[Page H 10022]]

     Ganske
     Gekas
     Geren
     Gilchrest
     Gillmor
     Gilman
     Goodlatte
     Goodling
     Goss
     Graham
     Green
     Greenwood
     Gunderson
     Gutknecht
     Hall (TX)
     Hancock
     Hansen
     Harman
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hefner
     Heineman
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Hostettler
     Houghton
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     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
     Luther
     Manzullo
     Martini
     McCarthy
     McCrery
     McDade
     McHugh
     McInnis
     McIntosh
     McKeon
     Metcalf
     Meyers
     Mica
     Miller (FL)
     Minge
     Molinari
     Montgomery
     Moorhead
     Morella
     Murtha
     Myers
     Myrick
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Oxley
     Packard
     Parker
     Paxon
     Peterson (MN)
     Petri
     Pickett
     Pombo
     Porter
     Portman
     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
     Sisisky
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Spratt
     Stearns
     Stockman
     Stump
     Talent
     Tate
     Tauzin
     Taylor (MS)
     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

                               NAYS--161

     Abercrombie
     Ackerman
     Baesler
     Baldacci
     Barrett (WI)
     Becerra
     Beilenson
     Bentsen
     Berman
     Bevill
     Bishop
     Bonior
     Borski
     Boucher
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant (TX)
     Bunn
     Cardin
     Clay
     Clayton
     Clement
     Clyburn
     Coleman
     Collins (IL)
     Collins (MI)
     Conyers
     Cooley
     Costello
     Coyne
     Cramer
     de la Garza
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Doyle
     Durbin
     Edwards
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Filner
     Flake
     Foglietta
     Frank (MA)
     Furse
     Gejdenson
     Gibbons
     Gonzalez
     Gordon
     Gutierrez
     Hall (OH)
     Hamilton
     Hastings (FL)
     Hilliard
     Hinchey
     Holden
     Hoyer
     Jackson-Lee
     Jacobs
     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
     Manton
     Markey
     Martinez
     Mascara
     Matsui
     McDermott
     McHale
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Mfume
     Miller (CA)
     Mink
     Moran
     Nadler
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Owens
     Pallone
     Pastor
     Payne (VA)
     Pelosi
     Peterson (FL)
     Pomeroy
     Poshard
     Rahall
     Rangel
     Reed
     Richardson
     Rivers
     Roemer
     Rose
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Schroeder
     Scott
     Serrano
     Skaggs
     Slaughter
     Stark
     Stenholm
     Stokes
     Studds
     Stupak
     Tanner
     Thompson
     Thornton
     Thurman
     Torres
     Towns
     Velazquez
     Vento
     Visclosky
     Ward
     Waters
     Watt (NC)
     Waxman
     Williams
     Wilson
     Wise
     Woolsey
     Wyden
     Wynn
     Yates

                             NOT VOTING--23

     Barton
     Bilirakis
     Bono
     Chapman
     Dornan
     Emerson
     Fazio
     Fields (LA)
     Ford
     Gephardt
     Horn
     Kennelly
     Maloney
     McCollum
     Moakley
     Mollohan
     Payne (NJ)
     Roth
     Schumer
     Tejeda
     Torricelli
     Tucker
     Volkmer

                              {time}  1919

  Mr. WILSON changed his vote from ``yea'' to ``nay.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________