[Congressional Record Volume 144, Number 45 (Wednesday, April 22, 1998)]
[House]
[Pages H2129-H2132]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF 1998
The SPEAKER pro tempore. Pursuant to the order of the House of today
and rule XXIII, the Chair declares the House in the Committee of the
Whole House on the State of the Union for the consideration of the
bill, H.R. 3164.
{time} 1043
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 consideration of the bill
(H.R. 3164) to describe the hydrographic services functions of the
Administrator of the National Oceanic and Atmospheric Administration,
and for other purposes, with Mr. Gillmor in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the order of the House of today, the bill
is considered as having been read the first time.
The gentleman from New Jersey (Mr. Saxton) and the gentleman from
American Samoa (Mr. Faleomavaega) each will control 30 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Saxton).
Mr. SAXTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the purpose of H.R. 3164 is to speed up the critically
needed improvements to our Nation's nautical charting program. Nautical
charting receives much less publicity or funding than either highway
construction or airline safety, but it is just as important to the
United States' economy, particularly in today's world of international
trade.
{time} 1045
However, funding for nautical charting has been cut in half over the
last 15 years, and at the present time it will take nearly 30 years
just to bring the minimum number of charts necessary to ensure safe
navigation in U.S. waters up to modern standards.
Congress has recognized the need for more support for this program
and increased appropriations for nautical charting over the last 4
fiscal years. However, with only three Federal survey ships available,
serious efforts to reduce the charting backlog will require a
partnership between the Federal Government and private contractors.
This process has moved slowly over the last 3 years due to
disagreements over the extent of Federal and private responsibilities
in ensuring data accuracy.
H.R. 3164 defines these responsibilities, allowing the process of
reducing the backlog to proceed more quickly. It authorizes the
National Oceanic and Atmospheric Administration to maintain sufficient
ships and personnel to certify the accuracy of charts and protect the
government from liability.
After this requirement is satisfied, all additional survey work will
be carried out by the private sector. H.R. 3164 also sets policy for
modernizing tide and current prediction systems in major ports and
authorizes increased appropriations for nautical charting and tide and
current programs.
At the funding levels authorized in this bill, the survey backlog
could be completed at least 30 percent faster, and commercial vessels
as well as private boats would be able to take advantage of modern
navigational technologies, and have the potential to significantly
improve safety and efficiency on our waterways.
Mr. Chairman, investing in these programs yields a huge payoff in
both economic competitiveness and environmental protection. We need to
make this small investment now in order to protect ourselves from
possible serious dangers in the future.
The bill is an important step in the right direction, and I urge all
of my colleagues to support it.
Mr. Chairman, I reserve the balance of my time.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I would like to first commend my good friend, the
gentleman from New Jersey (Mr. Saxton), chairman of the Subcommittee on
Fisheries Conservation, Wildlife and Oceans, for his leadership and for
bringing this piece of legislation to the floor for consideration by
this body.
I rise in strong support of H.R. 3164. The need for accurate nautical
charts to promote safe navigation was recognized by Thomas Jefferson,
who as President in 1807, established a coast survey to produce charts
and collect other data needed by mariners. Maritime transportation and
the technology used in collecting and disseminating nautical data have
changed dramatically since then, but the need for accurate and timely
data for safe navigation has not.
Mr. Chairman, in recent years our Federal program to produce nautical
charts carried out by the National Oceanic and Atmospheric
Administration has fallen on hard times. In constant dollars, funding
for these activities has fallen 50 percent over the last 25 years.
NOAA currently has only three ships in service collecting charting
data, down from 11 vessels in 1971. Yet there is a backlog of some
39,000 square miles of heavily traveled marine areas with inadequate or
obsolete surveys. Many of these areas were last surveyed with weighted
lead lines, a technology that Mr. Jefferson would have been familiar
with.
With today's tight budgets and rapidly changing technology, Mr.
Chairman, there is a recognition that NOAA's nautical charting program
needs to be modernized. H.R. 3164 provides a blueprint by which NOAA
can continue to provide data vital to the maritime community while
allowing the maximum opportunity for the private sector to participate
in that process. The subcommittee chairman, the gentleman from New
Jersey (Mr. Saxton) has very effectively detailed the specifics of what
H.R. 3164 will provide.
Mr. Chairman, suffice it to say, H.R. 3164 establishes clear and
appropriate roles for the government and the private sector in the
collection, processing and dissemination of nautical data. Importantly,
the bill provides NOAA with the flexibility to require the services of
contractors based on qualification and not on cost. This change in law
is especially important in the collection of hydrographic data where
lives and property could be lost if mistakes are made.
Mr. Chairman, in short this is win-win legislation. The private
sector benefits from an increased share of NOAA's charting work being
outsourced; the government benefits from its being able to avail itself
of the latest technology through contractors without being burdened by
substantial acquisition costs for capital assets. The public benefits
from having more accurate, up-to-date nautical charts produced at lower
cost.
In summary, Mr. Chairman, the bill authorizes a total of $581 million
for 5 years for hydrographic and geodetic programs for the National
Oceanic and Atmospheric Administration. The bill also clarifies NOAA's
hydrographic responsibilities. It requires NOAA to the greatest extent
possible to contract with private sector companies to conduct nautical
surveys and prepare nautical charts. It authorizes NOAA to maintain
sufficient vessels, equipment and expertise to certify the accuracy of
U.S. nautical charts and other hydrographic products.
The bill also establishes a quality assurance program under which
NOAA may certify that non-Federal hydrographic products meet Federal
standards and provides for the modernization of tide and current
measurement systems in major ports.
The measure is intended to enact into law the division of survey and
other responsibilities agreed to in 1997 between NOAA and the private
sector, and to increase funding for these activities so that the
existing backlog of nautical surveys may be more quickly addressed.
Mr. Chairman, I urge my colleagues to support this piece of
legislation.
Mr. Chairman, I reserve the balance of my time.
[[Page H2130]]
Mr. SAXTON. Mr. Chairman, I have no further requests for time, and I
yield back the balance of my time.
Mr. FALEOMAVAEGA. Mr. Chairman, I yield 7 minutes to the gentleman
from Ohio (Mr. Traficant), my good friend.
(Mr. TRAFICANT asked and was given permission to revise and extend
his remarks.)
Mr. TRAFICANT. Mr. Chairman, I want to thank my good friends the
gentleman from American Samoa (Mr. Faleomavaega) and the gentleman from
New Jersey (Mr. Saxton). I commend them on a fine bill.
I guess I am talking about an issue that no one seems to talk about,
and I, for the life of me, do not understand it. This past month we had
another record trade deficit. China is exceeding $5 billion in
surpluses every month with Uncle Sam now. And Japan, who has been
threatened by every President since Nixon with sanctions if they did
not open up their markets, is cleaning our clock in excess now of $60
billion. If you are an American worker, this is about the plight of it.
American televisions are made in Mexico. American typewriters are
made in Mexico. American telephones are made in Singapore. American
computers and VCR's are made in China and Japan; radios in China and
Japan; high-tech electronics, China and Japan. America is slowly again
becoming a colony, a colony of trade activity. To me, it is
unbelievable.
Another record trade deficit, in my opinion, that endangers our
national security where China is now buying missiles, attack aircraft,
and nuclear submarines with our dollars, and for the life of me, it
seems nobody is listening.
More of our products are being made overseas. And the final insult to
what is the intelligence of the American people, time after time
foreign products come into America bearing a fraudulent ``Made in
America'' label and they continue to laugh in our face. I support this
bill 100 percent.
I am furthermore confident about its impact because of the chairman
and the people who have crafted the legislation. But I want to say
this: My little amendment, I think, should even be expanded in this
Congress and should be fortified. But I will be offering an amendment
that I would like Members' support on that would do the following:
It says that anyone who gets any money under this act shall basically
agree to comply with the Buy American Act that has been passed and set
into law by the Congress.
Second of all, it says that when anybody is getting money under this
bill, we cannot force it, but Congress encourages them; that is how
weak we are, to at least buy and shop for American-made goods and
products.
Third of all, we say the Secretary of Commerce shall provide to
anybody getting any money under this act a notice where the Congress
encourages them to wherever possible try and buy one from the Gipper.
And finally, this legislation would prohibit any contracts being
awarded to anyone who fraudulently places a ``Made in America'' label
on a foreign import. That may be more important than all of it, but let
me just let the Congress of the United States know, they are being
authorized for appropriation $800 million under this bill.
I am hoping my good friend from Louisiana, one of the strongest
proworker representatives in the Congress, would also take a look at
the 1-800 Buy America bill.
Mr. SAXTON. Mr. Chairman, will the gentleman yield?
Mr. TRAFICANT. I yield to the gentleman from New Jersey.
Mr. SAXTON. Mr. Chairman, I just wanted to commend the gentleman for
the well-thought-out amendment. It certainly does a great deal to
enhance our bill. As one of our staffers said a little while ago, we
should have thought of this ourselves. I commend the gentleman for his
forethought and his effort in bringing the amendment to the floor,
which apparently he will do in just a few minutes. I thank the
gentleman for yielding to me.
Mr. TAUZIN. Mr. Chairman, will the gentleman yield?
Mr. TRAFICANT. I yield to the gentleman from Louisiana.
Mr. TAUZIN. Mr. Chairman, I thank my friend for yielding to me. He is
the most outspoken person on this floor in defense of buy-American
policies and the workers of America who lose their jobs to this growing
trade deficit.
I want to commend him for constantly being on this floor and
constantly reminding us in all of our legislation to focus on those
very salient points he made.
I want to also remind the gentleman, we are beginning a debate around
America on the whole issue of how we collect Federal taxes in this
country. Just to point out to him that this growing trade deficit is
not due to one cause, but it is not unaffected by the fact that because
we collect income taxes on America, which we cannot exempt from our
exports, and we cannot apply to imports, and income taxes themselves
add somewhere between 10 and 25 percent to the cost of every American
export and every American product we try to consume in this country.
Whereas, foreign products come in now more and more tax free, under
GATT and NAFTA, they come in from countries that exempt their consumer
taxes on them so that they can compete unfairly with good old American
workers and American products.
And if there is one thing that is driving me around this country in
this national debate over taxes, it is this problem; that our Tax Code
punishes an American for buying a product made in America, and rewards
us for buying something made overseas. We ought to do something about
changing that. I thank my friend for his vigilance on this point.
Mr. TRAFICANT. Mr. Chairman, I would just like to say, I am
encouraged by the comments of the chairman from New Jersey and our
distinguished chairman, who is leading a tremendous fight with the
gentleman from Colorado (Mr. Dan Schaefer) on the Tax Code, and I
support that. I think we reward dependence, subsidize illegitimacy,
kill investments with our Tax Code. We must make a significant change.
Also, as part of that, I must say this: I have come to despair on the
Congress' intent to deal with the buy-American aspects of our law. That
is why I have submitted 1-800 Buy America. I believe that only the
American consumers now can really, through their consciences, be
prepared to look at and shop for American-made goods.
Now, I do believe we should not be protectionist in it. We cannot
force anybody to buy our products. But I think we should incentivize
every opportunity available for the American consumer to make a choice
and to let them at least market American-made goods and products.
This is a little bit off base. I thank both the respective leaders of
this bill on the floor, and I will offer my amendment, and I hope that
it will be approved and will stay in the conference.
Mr. FALEOMAVAEGA. Mr. Chairman, I yield myself such time as I may
consume.
I certainly want to commend the gentleman from Ohio for his comments.
I, for one, cannot think of a more able and consistent advocate here on
the floor of the House than the gentleman from Ohio for supporting and
always pressing for the fact that we should buy American, and the fact
that American workers and those who are managing corporate communities
should be working together so that the Americans should buy American
products.
{time} 1100
And I cannot thank the gentleman from Ohio (Mr. Traficant) enough for
advocating this issue again. And I do thank the gentleman from
Louisiana (Mr. Tauzin) for complementing the provisions of this bill.
Mr. YOUNG of Alaska. Mr. Chairman, I rise to speak in support of H.R.
3164, the Hydrographic Services Improvement Act of 1998. I am an
original cosponsor of this legislation, which was introduced by our
colleague, Jim Saxton, Chairman of the Subcommittee on Fisheries
Conservation, Wildlife, and Oceans.
The purpose of the bill is to make much-needed improvements in the
U.S. nautical charting program. The United States, and especially the
State of Alaska, is dependent on marine transportation. However, every
day large ships traverse 40,000 square miles of U.S. waterways that
have shallow waters, known obstacles, and obsolete or inadequate
charts. The vast majority of these critical areas are in Alaska. At
last year's funding level, it will take more than 30 years to update
the charts in Alaska alone. In the meantime, we are entrusting a
significant portion of the Nation's oil supply, the safety of fishermen
and
[[Page H2131]]
cruise ship passengers, and the health of the marine environment to
inadequate charts. This situation is not acceptable.
H.R. 3164 will help to correct this problem. First, it authorizes
increased funding for nautical charting. Second, it will increase the
use of private survey contractors to supply data used in producing U.S.
charts. This will greatly increase the number of ships and other
resources that can be used to reduce the backlog as quickly as
possible.
We cannot afford to wait any longer to correct the nautical charting
backlog. H.R. 3164 is an important contribution to fixing this problem,
and I urge all of you to support it.
Mr. FALEOMAVAEGA. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN (Mr. Gillmor). All time for general debate has expired.
The amendment in the nature of a substitute consisting of the text of
Amendment No. 1 printed in the Congressional Record shall be considered
by sections as an original bill for the purpose of amendment, and
pursuant to the order of the House of today, each section is considered
read.
During consideration of the bill for amendment, the Chairman may
accord priority in recognition to a Member offering an amendment that
he has printed in the designated place in the Congressional Record.
Those amendments will be considered read.
The Chairman of the Committee of the Whole may postpone a request for
a recorded vote on any amendment and may reduce to a minimum of 5
minutes the time for voting on any postponed question that immediately
follows another vote, provided that the time for voting on the first
question shall be a minimum of 15 minutes.
The Clerk will designate section 1.
The text of section 1 is as follows:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrographic Services
Improvement Act of 1998''.
The CHAIRMAN. Are there any amendments to section 1?
Mr. SAXTON. Mr. Chairman, I ask unanimous consent that the remainder
of the amendment in the nature of a substitute be printed in the Record
and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
New Jersey?
There was no objection.
The text of the remainder of the amendment in the nature of a
substitute is as follows:
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(3) Hydrographic data.--The term ``hydrographic data''
means information acquired through hydrographic or
bathymetric surveying, photogrammetry, geodetic measurements,
tide and current observations, or other methods, that is used
in providing hydrographic services.
(4) Hydrographic services.--The term ``hydrographic
services'' means--
(A) the management, maintenance, interpretation,
certification, and dissemination of bathymetric,
hydrographic, geodetic, and tide and current information,
including the production of nautical charts, nautical
information databases, and other products derived from
hydrographic data;
(B) the development of nautical information systems; and
(C) related activities.
(5) Act of 1947.--The term ``Act of 1947'' means the Act
entitled ``An Act to define the functions and duties of the
Coast and Geodetic Survey, and for other purposes'', approved
August 6, 1947 (33 U.S.C. 883a et seq.).
SEC. 3. FUNCTIONS OF THE ADMINISTRATOR.
(a) Responsibilities.--To fulfill the data gathering and
dissemination duties of the Administration under the Act of
1947, the Administrator shall--
(1) acquire hydrographic data;
(2) promulgate standards for hydrographic data used by the
Administration in providing hydrographic services;
(3) promulgate standards for hydrographic services provided
by the Administration;
(4) ensure comprehensive geographic coverage of
hydrographic services, in cooperation with other appropriate
Federal agencies;
(5) maintain a national database of hydrographic data, in
cooperation with other appropriate Federal agencies;
(6) provide hydrographic services in uniform, easily
accessible formats;
(7) participate in the development of, and implement for
the United States in cooperation with other appropriate
Federal agencies, international standards for hydrographic
data and hydrographic services; and
(8) to the greatest extent practicable and cost-effective,
fulfill the requirements of paragraphs (1) and (6) through
contracts or other agreements with private sector entities.
(b) Authorities.--To fulfill the data gathering and
dissemination duties of the Administration under the Act of
1947, and subject to the availability of appropriations, the
Administrator--
(1) may procure, lease, evaluate, test, develop, and
operate vessels, equipment, and technologies necessary to
ensure safe navigation and maintain operational expertise in
hydrographic data acquisition and hydrographic services;
(2) may enter into contracts and other agreements with
qualified entities, consistent with subsection (a)(8), for
the acquisition of hydrographic data and the provision of
hydrographic services;
(3) shall award contracts for the acquisition of
hydrographic data in accordance with title IX of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
541 et seq.); and
(4) may, subject to section 5, design and install where
appropriate Physical Oceanographic Real-Time Systems to
enhance navigation safety and efficiency.
SEC. 4. QUALITY ASSURANCE PROGRAM.
(a) Definition.--For purposes of this section, the term
``hydrographic product'' means any publicly or commercially
available product produced by a non-Federal entity that
includes or displays hydrographic data.
(b) Program.--
(1) In general.--The Administrator may--
(A) develop and implement a quality assurance program,
under which the Administrator may certify hydrographic
products that satisfy the standards promulgated by the
Administrator under section 3(a)(3);
(B) authorize the use of the emblem or any trademark of the
Administration on a hydrographic product certified under
subparagraph (A); and
(C) charge a fee for such certification and use.
(2) Limitation on fee amount.--Any fee under paragraph
(1)(C) shall not exceed the costs of conducting the quality
assurance testing, evaluation, or studies necessary to
determine whether the hydrographic product satisfies the
standards adopted under section 3(a)(3), including the cost
of administering such a program.
(c) Limitation on Liability.--The Government of the United
States shall not be liable for any negligence by a person
that produces hydrographic products certified under this
section.
(d) Hydrographic Services Account.--
(1) Establishment.--There is established in the Treasury a
separate account, which shall be known as the Hydrographic
Services Account.
(2) Content.--The account shall consist of--
(A) amounts received by the United States as fees charged
under subsection (b)(1)(C); and
(B) such other amounts as may be provided by law.
(3) Limitation; Deposit. Fees deposited in this account
during any fiscal year pursuant to this section shall be
deposited and credited as offsetting collections to the
National Oceanic and Atmospheric Administration, Operations,
Research, and Facilities account. No amounts collected
pursuant to this section for any fiscal year may be spent
except to the extent provided in advance in appropriations
Acts.
(e) Limitation on New Fees and Increases in Existing Fees
for Hydrographic Services.--After the date of the enactment
of this Act, the Administrator may not--
(1) establish any fee or other charge for the provision of
any hydrographic service except as authorized by this
section; or
(2) increase the amount of any fee or other charge for the
provision of any hydrographic service except as authorized by
this section and section 1307 of title 44, United States
Code.
SEC. 5. OPERATION AND MAINTENANCE OF PHYSICAL OCEANOGRAPHIC
REAL-TIME SYSTEMS.
(a) New Systems.--After the date of enactment of this Act,
the Administrator may not design or install any Physical
Oceanographic Real-Time System, unless the local sponsor of
the system or another Federal agency has agreed to assume the
cost of operating and maintaining the system within 90 days
after the date the system becomes operational.
(b) Existing Systems.--After October 1, 1999, the
Administration shall cease to operate Physical Oceanographic
Real-Time Systems, other than any system for which the local
sponsor or another Federal agency has agreed to assume the
cost of operating and maintaining the system by January 1,
1999.
SEC. 6. REPORTS.
(a) Photogrammetry and Remote Sensing.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall report to the
Congress on a plan to increase, consistent with this Act,
contracting with the private sector for photogrammetric and
remote sensing services related to hydrographic data
acquisition or hydrographic services. In preparing the
report, the Administrator shall consult with private sector
entities knowledgeable in photogrammetry and remote sensing.
[[Page H2132]]
(2) Contents.--The report shall include the following:
(A) An assessment of which of the photogrammetric and
remote sensing services related to hydrographic data
acquisition or hydrographic services performed by the
National Ocean Service can be performed adequately by
private-sector entities.
(B) An evaluation of the relative cost-effectiveness of the
Federal Government and private-sector entities in performing
those services.
(C) A plan for increasing the use of contracts with
private-sector entities in performing those services, with
the goal of obtaining performance of 50 percent of those
services through contracts with private-sector entities by
fiscal year 2003.
(b) Ports.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall report to the
Congress on--
(1) the status of implementation of real-time tide and
current data systems in United States ports;
(2) existing safety and efficiency needs in United States
ports that could be met by increased use of those systems;
and
(3) a plan for expanding those systems to meet those needs,
including an estimate of the cost of implementing those
systems in priority locations.
(c) Maintaining Federal Expertise in Hydrographic
Services.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall report to the
Congress on a plan to ensure that Federal competence and
expertise in hydrographic surveying will be maintained after
the decommissioning of the 3 existing National Oceanic and
Atmospheric Administration hydrographic survey vessels.
(2) Contents.--The report shall include--
(A) an evaluation of the seagoing capacity, personnel, and
equipment necessary to maintain Federal expertise in
hydrographic services;
(B) an estimated schedule for decommissioning the 3
existing survey vessels;
(C) a plan to maintain Federal expertise in hydrographic
services after the decommissioning of these vessels; and
(D) an estimate of the cost of carrying out this plan.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator
the following:
(1) To carry out nautical mapping and charting functions
under the Act of 1947 and sections 3 and 4, except for
conducting hydrographic surveys, $33,000,000 for fiscal year
1999, $34,000,000 for fiscal year 2000, $35,000,000 for
fiscal year 2001, $36,000,000 for fiscal year 2002, and
$37,000,000 for fiscal year 2003.
(2) To conduct hydrographic surveys under section 3(a)(1),
including leasing of ships, $33,000,000 for fiscal year 1999,
$35,000,000 for fiscal year 2000, $37,000,000 for fiscal year
2001, $39,000,000 for fiscal year 2002, and $41,000,000 for
fiscal year 2003. Of these amounts, no more than $14,000,000
is authorized for any one fiscal year to operate hydrographic
survey vessels owned and operated by the Administration.
(3) To carry out geodetic functions under the Act of 1947,
$20,000,000 for fiscal year 1999, and $22,000,000 for each of
fiscal years 2000, 2001, 2002, and 2003.
(4) To carry out tide and current measurement functions
under the Act of 1947, $22,500,000 for each of fiscal years
1999 through 2003. Of these amounts, $2,500,000 is authorized
for each fiscal year to implement and operate a national
quality control system for real-time tide and current data,
and $7,500,000 is authorized for each fiscal year to design
and install real-time tide and current data measurement
systems under section 3(b)(4) (subject to section 5).
The CHAIRMAN. Are there any 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:
At the end of the bill, add the following new sections:
SEC. ____. COMPLIANCE WITH BUY AMERICAN ACT.
No funds authorized pursuant to this Act may be expended by
an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly
known as the ``Buy American Act'').
SEC. ____. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In
the case of any equipment or products that may be authorized
to be purchased with financial assistance provided under this
Act, it is the sense of the Congress that entities receiving
such assistance should, in expending the assistance, purchase
only American-made equipment and products.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the Secretary of
Commerce shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.
SEC. ____. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing
a ``Made in America'' inscription, or any inscription with
the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, such
person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in section 9.400 through 9.409 of title
48, Code of Federal Regulations.
Mr. TRAFICANT (during the reading). Mr. Chairman, I ask unanimous
consent the amendment be considered as read and printed in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
There was no objection.
Mr. TRAFICANT. Mr. Chairman, the amendment has been discussed in the
debate earlier. I offer it here, and I would hope that all of the parts
of this respectively would remain in conference, especially those that
deal with fraudulent labels.
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 any other amendments?
If not, the question is on the amendment in the nature of a
substitute, as amended.
The amendment in the nature of a substitute, as amended, was agreed
to.
The CHAIRMAN. Pursuant to the order of the House of today, the
Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Pease) having assumed the chair, Mr. Gillmor, 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. 3164) to
describe the hydrographic services functions of the Administrator of
the National Oceanic and Atmospheric Administration, and for other
purposes, pursuant to the order of the House today, he reported the
bill back to the House with an amendment adopted by the Committee of
the Whole.
The SPEAKER pro tempore (Mr. Pease). Under the rule, the previous
question is ordered.
Is a separate vote demanded on the amendment to the amendment in the
nature of a substitute adopted by the Committee of the Whole? If not,
the question is on the amendment in the nature of a substitute.
The amendment in the nature of a substitute was agreed to.
The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.
____________________