Congressional Record, Volume 141 Issue 158 (Thursday, October 12, 1995)

[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.

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.

SEC. 706. REPORT ON BUDGETARY REDUCTION.

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.

____________________