U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

19–010 

" ! SENATE 

112TH CONGRESS

2d Session 

REPORT

2012

112–150 

Calendar No. 329 

NATURAL HAZARDS RISK REDUCTION ACT 

OF 2011 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 646 

FEBRUARY 27, 2012.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TWELFTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

JOHNNY ISAKSON, Georgia 

ROY BLUNT, Missouri 

JOHN BOOZMAN, Arkansas 

PATRICK J. TOOMEY, Pennsylvania 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

DEAN HELLER, Nevada 

ELLEN DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

JOHN WILLIAMS, General Counsel 

TODD BERTOSON, Republican Staff Director 

JARROD THOMPSON, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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Calendar No. 329 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–150 

NATURAL HAZARDS RISK REDUCTION ACT OF 2011 

FEBRUARY 27, 2012.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 646] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 646) to reauthorize Federal natural 

hazards reduction programs, and for other purposes, having considered the same, reports favorably thereon with an amendment (in 

the nature of a substitute) and recommends that the bill (as 

amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 646, the Natural Hazards Risk Reduction Act 

of 2011, is to reauthorize programs that reduce public exposure to 

risk from natural disasters, specifically earthquakes, windstorms, 

and wildfires, and for other purposes. 

BACKGROUND AND NEEDS

Events of the past year—the Tohoku, Japan earthquake and tsunami; wildfires in Texas; tornadoes across the southern and southeastern United States; and flooding across that same region—have 

raised questions as to whether the Nation has properly invested in 

its resilience to natural disasters. The United States faces a large 

array of natural hazards requiring a holistic approach to research, 

forecasting, public outreach, and the application of mitigation strategies. 

A significant percentage of the U.S. population lives in areas subject to risk of loss of life or property from natural hazards, such as 

earthquakes, severe weather, and wildfires. According to the National Oceanic and Atmospheric Administration (NOAA), over half 


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1http://oceanservice.noaa.gov/facts/population.html. 

2http://www.nssl.noaa.gov/faq/faqltor.php. 3 National Institute of Building Sciences, Multihazard Mitigation Council. Natural Hazard 

Mitigation Saves: An Independent Study to Assess the Future Savings from Mitigation Activities (Washington, DC, 2005). 4 Effectiveness of the National Earthquake Hazards Reduction Program: A Report from the 

Advisory Committee on Earthquake Hazards Reduction, http://nehrp.gov/pdf/2010 

ACEHRReport.pdf 5 National Research Council, National Earthquake Resilience: Research, Implementation, and 

Outreach, 2011. 

of the U.S. population lives within 50 miles of the coast,1 but severe weather events affect every State.2 Greater knowledge of the 

physical processes of natural hazards and their effects can guide 

the development of methods to mitigate losses. A 2005 analysis of 

natural hazard mitigation grants awarded by the Federal Emergency Management Agency (FEMA) found that every dollar invested in mitigation saved the Nation an average of four dollars in 

future disaster response costs and losses.3

National Earthquake Hazards Reduction Program 

Earthquakes often occur without warning and can leave in their 

wake severe damage to buildings and property, as well as loss of 

life. To help reduce these risks, Congress established the National 

Earthquake Hazards Reduction Program (NEHRP) in 1977 (P.L. 

95–124) recognizing that advances in building design and construction, land use decisions, improvements in earthquake prediction 

and magnitude, coordinated emergency preparedness plans, public 

education, and community involvement could reduce earthquakerelated losses. 

In May 2010, NEHRP’s Advisory Committee on Earthquake Hazards Reduction completed its third annual assessment of the program’s effectiveness (as required by P.L. 108–360) and found that 

NEHRP is a ‘‘highly successful program’’ that has improved public 

safety through earthquake awareness and preparedness.4 However, 

the Advisory Committee remains concerned that the Nation is still 

not well prepared for a large earthquake. To address this, its recommendations include: increasing the pace of implementation for 

the 2009–2013 NEHRP Strategic Plan; working to ensure sufficient 

funding for Strategic Plan implementation; and prioritizing investments in lifeline systems (energy, transportation, water, and communications) to achieve seismic resilience. In March 2011, a National Research Council report also endorsed the 2009–2013 

NEHRP Strategic Plan and made recommendations to further increase the Nation’s resilience to earthquakes.5

The bill would update, clarify, and, in some cases, expand the activities of NEHRP for earthquake risk reduction. This includes research and development to reduce the risk to the built environment, with a particular emphasis on retrofitting existing infrastructure, and research to determine how risk is perceived in an effort to improve the adoption of risk reduction measures. The bill 

would also take an all-hazards approach to the Interagency Coordinating Committee and expand it to include the National Windstorm Impact Reduction Program (NWIRP). 

National Windstorm Impact Reduction Program 

Windstorms, such as tornadoes and hurricanes, can cause widespread damage, with or without advanced notice. The spring of 

2011 was an unusually active tornado season in the United States. 


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6 NOAA 2011 tornado information, http://www.noaanews.noaa.gov/ 

2011ltornadolinformation.html. 7 NWS Central Region Service Assessment, Joplin, Missouri, Tornado—May 22, 2011. http:// 

www.nws.noaa.gov/os/assessments/pdfs/Joplinltornado.pdf. 8 ‘‘Missouri Department of Insurance says Joplin disaster will be the most costly insurance 

payout in State history,’’ Live Insurance News, July 27, 2011. http:// 

www.liveinsurancenews.com/missouri-department-of-insurance-says-joplin-disaster-will-be-themost-costly-insurance-payout-in-state-history/854253/. 9http://www.sdr.gov/Windstorml%20Impact%20Reduction %20Implementation%20Plan%20FINAL.pdf. 10 National Construction Safety Team Act FY 2008 Annual Report to Congress, http:// 

www.nist.gov/el/disasterstudies/ncst/upload/ncstlreportlcongress2008.pdf. 

April alone saw 753 tornadoes, the highest on record in a single 

month, with an estimated 364 fatalities.6 A single EF-5 tornado hit 

Joplin, Missouri, a town of just under 50,000 people, on May 22, 

2011, with winds in excess of 200 mph leaving 159 people dead 7

and $2 billion to $3 billion in disaster costs—the costliest in the 

State’s history.8

Modeled after NEHRP, Congress established NWIRP in 2004 

with a goal of achieving a major measurable reduction in the loss 

of life and property from windstorms. The National Windstorm Impact Reduction Act of 2004 (42 U.S.C. 15701 et seq.) directed the 

National Institute of Standards and Technology (NIST), the National Science Foundation (NSF), FEMA, and NOAA to develop a 

coordinated research and development program to mitigate damage 

from windstorms; however, the program has struggled with interagency coordination since its inception. Building again off of the 

successful NEHRP model, S. 646 would establish NIST as the lead 

agency for NWIRP. S. 646 would also direct NWIRP to reduce the 

risks of windstorms to the built environment, improve the understanding of windstorms and their impacts, and facilitate adoption 

of risk reduction measures—priorities provided in the National 

Science and Technology Council’s 2006 report, ‘‘Windstorm Impact 

Reduction Implementation Plan.’’ 9

National Construction Safety Team Act 

The National Construction Safety Team (NCST) Act of 2002 (15 

U.S.C. 7301 et seq.) authorized the Director of NIST to establish 

and deploy National Construction Safety Teams to investigate 

building failures. The framework for the teams was modeled after 

National Transportation Safety Board authorities for investigating 

transportation-related accidents. NIST has used its authority to investigate a number of major building failures, the most prominent 

being the collapse of World Trade Center Towers 1, 2, and 7. These 

investigations led to a number of recommendations that have been 

incorporated into building codes for future construction.10 Most recently under the NCST Act, NIST is conducting a comprehensive 

study of the building performance and emergency communications 

during the May 22, 2011, tornado in Joplin, Missouri. 

The changes in S. 646 would provide NIST with flexibility in implementing the NCST Act by adding the authority to investigate infrastructure failures, and providing the Director 72 hours after a 

building or infrastructure failure to decide whether to pursue an 

investigation. 

Wildfires at the Wildland-Urban Interface 

Development in the wildland-urban interface—an area where 

urban structures meet undeveloped wildland—continues to grow. 

Homes in these areas are particularly vulnerable to fires that start 


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11http://inciweb.org/incident/1856/. 12http://inciweb.org/incident/article/9535/. 13http://www2.bfrl.nist.gov/userpages/wmell/public.html. 

and spread through unpopulated wildlands. For instance, the Station fire near Los Angeles from August to October 2009 was the 

10th largest in California since 1933, destroying more than 200 

structures and costing approximately $90 million to contain.11,12

The bill would expand NIST’s fire research authority to include 

fires at the wildland-urban interface with a goal of improving 

building codes, urban planning, and firefighting strategies.13

SUMMARY OF PROVISIONS

S. 646 would reauthorize and update NEHRP for fiscal years 

(FYs) 2011 through 2015 and authorize appropriations totaling 

$905,656,000 over the five-year period for NIST, FEMA, the U.S. 

Geological Survey (USGS), and NSF. The majority of the funding 

would go to USGS for real-time seismic monitoring systems and 

NSF for basic research, including social science aspects to reduce 

risks ($471,640,000 and $340,448,000, respectively). The remainder 

of the funding would go to NIST ($39,214,000) for research and development to improve building standards and practices and FEMA 

($54,354,000) to facilitate the adoption of model building codes and 

other mitigation measures. NIST would remain the lead agency for 

the program and also take over responsibility for organizing investigations under the post-earthquake investigations program. 

The bill would reauthorize and revise NWIRP for FYs 2011 

through 2015 and authorize appropriations totaling $136,710,300 

for the five-year period for NIST, FEMA, NSF, and NOAA. The majority of the funding would go to FEMA ($51,403,100) for development and implementation of risk assessment tools and mitigation 

techniques and NSF ($51,403,100) for basic windstorm research, including community preparedness and response. The remainder of 

the funding would go to NIST ($21,873,600) for research and development to improve building standards and practices, and NOAA 

($12,030,500) to support research and data collection, including a 

competitive grant program in these areas. The bill would establish 

NIST as the lead agency following the successful NEHRP model. 

The bill would repeal provisions establishing the Interagency Coordinating Committee on Earthquake Hazards Reduction and replace it with the establishment of an Interagency Coordinating 

Committee on Natural Hazards Risk Reduction, chaired by the Director of NIST. The committee would oversee planning and coordination for both NEHRP and NWIRP, and other natural hazard 

mitigation, as appropriate. 

Finally, the bill would expand the National Construction Safety 

Team Act of 2002 to allow for the deployment of teams to investigate infrastructure failure events that lead to a substantial loss 

of life, as well as buildings, and amend the National Institute of 

Standards and Technology Act (15 U.S.C. 271 et seq.) to include research relating to protecting homes and communities from fires at 

the wildland-urban interface. 


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LEGISLATIVE HISTORY

S. 646, the Natural Hazards Risk Reduction Act of 2011, was introduced on March 17, 2011, by Senator Boxer and referred to the 

Committee on Commerce, Science, and Transportation. Senators 

Feinstein, Cantwell, and Rockefeller have cosponsored the bill. 

Representative Wu introduced a companion bill, H.R. 1379, on 

April 5, 2011. 

On May 3, 2011, the Committee held a hearing entitled ‘‘America’s Natural Disaster Preparedness: Are Federal Investments Paying Off?’’ and heard testimony from Dr. William Hooke, Senior Policy Fellow and Director, American Meteorological Society; Mr. Bob 

Ryan, Senior Meteorologist, ABC7/WJLA-TV; Dr. Anne Kiremidjian, Professor, Department of Civil and Environmental Engineering, Stanford University, on behalf of the American Society of 

Civil Engineers; and Dr. Clint Dawson P.E., Professor, Institute for 

Computational Engineering and Sciences, University of Texas at 

Austin. The hearing examined how investments in mitigation and 

preparedness through the programs reauthorized by S. 646 would 

save lives and reduce reconstruction costs during future disasters. 

On May 5, 2011, the Committee met in open Executive Session 

and, by a voice vote, ordered S. 646 reported with an amendment 

in the nature of a substitute. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S.646—Natural Hazards Risk Reduction Act of 2011 

Summary: S. 646 would reauthorize federal programs aimed at 

developing methods to reduce damage caused by earthquakes and 

windstorms. The bill also would reauthorize several committees 

that advise federal agencies on implementing those programs. Assuming appropriation of the authorized and necessary amounts, 

CBO estimates that implementing the legislation would cost $803 

million over the 2012–2016 period and $43 million after 2016. Enacting S. 646 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

S. 646 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA) and 

would impose no costs on state, local, or Tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 646 is shown in the following table. The costs 

of this legislation fall within budget functions 250 (general science, 

space, and technology), 300 (natural resources and environment), 

370 (commerce and housing credit), and 450 (community and regional development). 


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By fiscal year, in millions of dollars— 

2012 2013 2014 2015 2016 2012– 

2016 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Title I: National Earthquake Hazards Reduction Program: 

Authorization Level a ............................................................ 177 181 185 191 0 734 

Estimated Outlays ............................................................... 111 152 176 189 71 699 

Title II: National Windstorm Impact Reduction Program: b

Authorization Level .............................................................. 26 26 29 30 0 111 

Estimated Outlays ............................................................... 13 21 26 30 14 104 

Title III: Advisory Committees: 

Estimated Authorization Level ............................................. * * * * * 1 

Estimated Outlays ............................................................... * * * * * 1 

Total Changes: 

Estimated Authorization Level .................................... 203 207 214 221 0 846 

Estimated Outlays ...................................................... 124 173 202 219 85 803 

Notes: * = less than $500,000. Amounts may not sum to totals because of rounding. 

a Of appropriations received in fiscal year 2010, agencies that participate in the National Earthquake Hazards Reduction Program allocated 

about $130 million to carry out the program. Those agencies have not completed their allocations of fiscal year 2011 appropriations for the 

program. b Of appropriations received in fiscal year 2010, agencies that carry out activities related to the National Windstorm Impact Reduction Program allocated about $25 million for those purposes. Those agencies have not completed their allocations of fiscal year 2011 appropriations 

for activities related to the program. 

Basis of estimate: For this estimate, CBO assumes that S. 646 

will be enacted in 2011 and that the authorized and necessary 

amounts will be appropriated for each fiscal year (beginning in fiscal year 2012). Estimated outlays are based on historical spending 

patterns for similar activities. 

Over the 2012–2015 period, title I would authorize appropriations totaling $381 million for the United States Geological Survey, 

$276 million for the National Science Foundation (NSF), $45 million for the Federal Emergency Management Agency (FEMA), and 

$32 million for the National Institute of Standards and Technology 

(NIST) to carry out the National Earthquake Hazards Reduction 

Program. Assuming appropriation of the authorized amounts, CBO 

estimates that implementing the provisions of title I would cost 

$699 million over the 2012–2016 period and $35 million after 2016. 

Over the 2012–2015 period, title II would authorize appropriations totaling $42 million for NSF, $42 million for FEMA, $18 million for NIST, and $9 million for the National Oceanic and Atmospheric Administration to carry out the National Windstorm Impact 

Reduction Program. Assuming appropriation of the authorized 

amounts, CBO estimates that implementing the provisions of title 

II would cost $104 million over the 2012–2016 period and $7 million after 2016. 

Title III would reauthorize several committees that advise federal agencies on implementing the National Earthquake Hazards 

Reduction Program and the National Windstorm Impact Reduction 

Program. Based on information from NIST regarding administrative costs for similar committees, CBO estimates that the agency 

would spend about $150,000 a year to maintain those committees. 

In total, CBO estimates that implementing the provisions of title 

III would cost $750,000 over the 2012–2016 period, assuming appropriation of the necessary amounts. 

Intergovernmental and private-sector impact: S. 646 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or Tribal governments. 


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Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 

State, Local, and Tribal Governments: Melissa Merrell; Impact on 

the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

The bill would authorize appropriations for the program agencies 

of NEHRP and NWIRP for FYs 2011 through 2015. The Committee 

believes that the bill would not subject any individuals or businesses affected by the bill to any additional regulations. 

ECONOMIC IMPACT

Over the five-year period from FY 2011 to FY 2015, the bill 

would authorize a total of $905.66 million in appropriations to 

FEMA, USGS, NSF, and NIST for NEHRP activities and $136.71 

million in appropriations to FEMA, NOAA, NSF, and NIST for 

NWIRP activities. These funding levels are not expected to have an 

inflationary impact on the Nation’s economy. 

PRIVACY

The bill would have little, if any, negative impact on the personal 

privacy of individuals. 

PAPERWORK

Except for individuals voluntarily serving on either the NEHRP 

or NWIRP Advisory Committee, the reported bill would not increase paperwork requirements for private individuals or businesses. For the Federal Government, the bill would require reports 

from the Interagency Coordinating Committee on Natural Hazards 

Risk Reduction and the Advisory Committees for NEHRP and 

NWIRP detailing strategic plans, biennial progress reports, and coordinated budgets. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short Title. 

This section would provide that the legislation be cited as the 

‘‘Natural Hazards Risk Reduction Act of 2011.’’ 

Section 2. Findings. 

This section would describe the findings of this Act. 


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TITLE I—EARTHQUAKES

Section 101. Short Title. 

This section would provide that this title be cited as the ‘‘National Earthquake Hazards Reduction Program Reauthorization 

Act of 2011.’’ 

Section 102. Findings. 

This section would repeal the Congressional findings in section 

2 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 

7701). 

Section 103. Definitions. 

This section would strike the definitions of the ‘‘Interagency Coordination Committee’’ and the ‘‘Advisory Committee’’ from section 

4 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 

7703). 

Section 104. National Earthquake Hazards Reduction Program. 

This section would update, clarify, and, in some cases, expand 

the activities of NEHRP, including research and development to reduce the risk to the built environment, with a particular emphasis 

on retrofitting existing infrastructure, and research to determine 

how risk is perceived in an effort to improve the adoption of risk 

reduction measures. 

The section would describe the responsibilities of each of the program agencies, including NIST, FEMA, USGS, and NSF. NIST 

would remain the Program’s lead agency responsible for planning 

and coordination. Additionally, NIST would be directed to conduct 

research and development to improve building codes, standards, 

and practices for buildings, structures, and lifelines. FEMA would 

be directed to facilitate the development and adoption of standards, 

codes, and practices to mitigate earthquake risks, and to operate 

a State assistance grant program to enhance seismic safety. USGS 

would be required to characterize and identify earthquake hazards, 

assess earthquake risks, monitor seismic activity, and provide realtime earthquake information. NSF would be responsible for supporting basic research to further the understanding of earthquakes, 

earthquake engineering, and community preparation and response 

to earthquakes. 

This section would also require the Interagency Coordinating 

Committee on Natural Hazards Risk Reduction to provide annual 

guidance to the Program agencies in preparation of their budget requests for activities related to the Program and to submit an annual Program budget to the Office of Management and Budget 

(OMB). 

Section 105. Post-Earthquake Investigations Program. 

This section would direct NEHRP to include a post-earthquake 

investigations program for major earthquakes in an attempt to 

apply any lessons learned to reduce the loss of lives and property 

in future earthquakes. The lead Program agency would be responsible for organizing the investigation in consultation with all Program agencies. The investigation would begin as rapidly as posVerDate Mar 15 2010 08:05 Feb 28, 2012 Jkt 019010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\SR150.XXX SR150

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sible, could be conducted by grantees or contractors, and results 

would be disseminated widely. 

Section 106. Authorization of Appropriations. 

For the purposes of carrying out this Act in FYs 2011 through 

2015, this section would authorize a total of $54,354,000 for FEMA; 

$471,640,000 for USGS, of which $190,000,000 would be available 

for completion of the Advanced National Seismic Research and 

Monitoring System; $340,448,000 for NSF; and $39,214,000 for 

NIST. 

TITLE II—WIND

Section 201. Short Title. 

This section would provide that this title be cited as the ‘‘National Windstorm Impact Reduction Act Reauthorization of 2011.’’ 

Section 202. Purpose. 

This section would provide that the purpose of the Windstorm 

Impact Reduction Program is to achieve a measurable reduction in 

losses of life and property from windstorms. 

Section 203. Definitions. 

This section would amend the definition of ‘‘Director’’ in the National Windstorm Impact Reduction Act of 2004 (42 U.S.C. 

15702(1)) to specify the Director of NIST. 

Section 204. National Windstorm Impact Reduction Program. 

This section would define the activities of NWIRP to reduce the 

risks of windstorms to the built environment, to improve the understanding of windstorms and their impacts, and to facilitate 

adoption of risk reduction measures. 

The section would describe the responsibilities of each of the program agencies, including NIST, FEMA, NOAA, and NSF. NIST 

would be identified as the lead agency responsible for planning and 

coordinating NWIRP. Additionally, NIST would be directed to conduct research and development to improve building codes, standards, and practices for buildings, structures, and lifelines. FEMA 

would support the development of risk assessment tools and mitigation techniques; data collection and analysis after windstorm 

events; and outreach to facilitate mitigation measures. NOAA 

would support research and data collection to improve the understanding of windstorms and their impacts. NSF would support 

basic research to further the understanding of windstorms, wind 

engineering, and community preparation and response. 

Section 205. Authorization of Appropriations. 

For the purposes of carrying out this Act in FYs 2011 through 

2015, this section would authorize a total of $51,403,100 for FEMA; 

$51,403,100 for NSF; $21,873,600 for NIST; and $12,030,500 for 

NOAA. 


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TITLE III—INTERAGENCY COORDINATING COMMITTEE ON NATURAL

HAZARDS RISK REDUCTION

Section 301. Interagency Coordinating Committee on Natural Hazards Risk Reduction. 

This section would establish an Interagency Coordinating Committee on Natural Hazards Risk Reduction, chaired by the Director 

of NIST and including the Directors of FEMA, USGS, NOAA, NSF, 

the Office of Science and Technology Policy, OMB, and the head of 

any other Federal agency the Committee considers appropriate. 

The Committee would be tasked with overseeing the planning and 

coordination of NEHRP and NWIRP, and also developing strategic 

plans, progress reports, and coordinated budgets for both programs. 

Similar to the National Advisory Committee on Windstorm Impact Reduction, this section would mandate that the Director of 

NIST establish an Advisory Committee on Earthquake Hazards Reduction comprised of relevant non-Federal employee experts to offer 

guidance and recommendations on research, development, and 

technology transfer activities to mitigate the impacts of natural disasters. Each advisory committee would be required to report to the 

Director of NIST at least once every two years on the priorities and 

coordination of the programs, and ways to improve the programs. 

Not later than two years after enactment, this section would also 

require the Subcommittee on Disaster Reduction of the Committee 

on Environment and Natural Resources of the National Science 

and Technology Council to submit a report to Congress identifying 

the current Federal research, development, and technology transfer 

activities that address mitigation for all types of natural hazards, 

and opportunities to create synergies between the various research 

activities. 

TITLE IV—NATIONAL CONSTRUCTION SAFETY TEAM ACT AMENDMENTS

Section 401. National Construction Safety Team Act Amendments. 

This section would expand the National Construction Safety 

Team Act (15 U.S.C. 7301 et seq.) to include infrastructure in addition to buildings, and to give the Director of NIST 72 hours to decide whether to deploy a NCST after an event causing the failure 

of building(s) and/or infrastructure involving the loss or potential 

for loss of life. 

TITLE V—FIRE RESEARCH PROGRAM

Section 501. Fire Research Program. 

This section would amend section 16(a)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278f(a)(1)) to include ‘‘fires at the wildland-urban interface’’ to NIST’s existing fire 

research authority. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 


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EARTHQUAKE HAZARDS REDUCTION ACT OF 1977 

øSEC. 2. CONGRESSIONAL FINDINGS. 

[42 U.S.C. 7701] 

øThe Congress finds and declares the following: 

ø(1) All 50 States are vulnerable to the hazards of earthquakes, and at least 39 of them are subject to major or moderate seismic risk, including Alaska, California, Hawaii, Illinois, Massachusetts, Missouri, Montana, Nevada, New Jersey, 

New York, South Carolina, Utah, and Washington. A large portion of the population of the United States lives in areas vulnerable to earthquake hazards. 

ø(2) Earthquakes have caused, and can cause in the future, 

enormous loss of life, injury, destruction of property, and economic and social disruption. With respect to future earthquakes, such loss, destruction, and disruption can be substantially reduced through the development and implementation of 

earthquake hazards reduction measures, including (A) improved design and construction methods and practices, (B) 

land-use controls and redevelopment, (C) prediction techniques 

and early-warning systems, (D) coordinated emergency preparedness plans, and (E) public education and involvement 

programs. 

ø(3) An expertly staffed and adequately financed earthquake 

hazards reduction program, based on Federal, State, local, and 

private research, planning, decisionmaking, and contributions 

would reduce the risk of such loss, destruction, and disruption 

in seismic areas by an amount far greater than the cost of such 

program. 

ø(4) A well-funded seismological research program in earthquake prediction could provide data adequate for the design, of 

an operational system that could predict accurately the time, 

place, magnitude, and physical effects of earthquakes in selected areas of the United States. 

ø(5) The geological study of active faults and features can reveal how recently and how frequently major earthquakes have 

occurred on those faults and how much risk they pose. Such 

long-term seismic risk assessments are needed in virtually 

every aspect of earthquake hazards management, whether 

emergency planning, public regulation, detailed building design, insurance rating, or investment decision. 

ø(6) The vulnerability of buildings, lifelines, public works, 

and industrial and emergency facilities can be reduced through 

proper earthquake resistant design and construction practices. 

The economy and efficacy of such procedures can be substantially increased through research and development. 

ø(7) Programs and practices of departments and agencies of 

the United States are important to the communities they 

serve; some functions, such as emergency communications and 

national defense, and lifelines, such as dams, bridges, and public works, must remain in service during and after an earthquake. Federally owned, operated, and influenced structures 

and life-lines should serve as models for how to reduce and 

minimize hazards to the community. 


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ø(8) The implementation of earthquake hazards reduction 

measures would, as an added benefit, also reduce the risk of 

loss, destruction, and disruption from other natural hazards 

and manmade hazards, including hurricanes, tornadoes, accidents, explosions, landslides, building and structural cave-ins, 

and fires. 

ø(9) Reduction of loss, destruction, and disruption from 

earthquakes will depend on the actions of individuals, and organizations in the private sector and governmental units at 

Federal, State, and local levels. The current capability to transfer knowledge and information to these sectors is insufficient. 

Improved mechanisms are needed to translate existing information and research findings into reasonable and usable specifications, criteria, and practices so that individuals, organizations, and governmental units may make informed decisions 

and take appropriate actions. 

ø(10) Severe earthquakes are a worldwide problem. Since 

damaging earthquakes occur infrequently in any one nation, 

international cooperation is desirable for mutual learning from 

limited experiences. 

ø(11) An effective Federal program in earthquake hazards 

reduction will require input from and review by persons outside the Federal Government expert in the sciences of earthquake hazards reduction and in the practical application of 

earthquake hazards reduction measures.¿ 

SEC. 4. DEFINITIONS. 

[42 U.S.C. 7703] 

As used in this Act, unless the context otherwise requires: 

(1) The term ‘‘includes’’ and variants thereof should be read 

as if the phrase ‘‘but is not limited to’’ were also set forth. 

(2) The term ‘‘Program’’ means the National Earthquake 

Hazards Reduction Program established under section 5. 

(3) The term ‘‘seismic’’ and variants thereof mean having to 

do with, or caused by earthquakes. 

(4) The term ‘‘State’’ means each of the States of the United 

States, the District of Columbia, the Commonwealth of Puerto 

Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Mariana Islands, and any other territory or 

possession of the United States. 

(5) The term ‘‘United States’’ means, when used in a geographical sense, all of the States as defined in section 4(4). 

(6) The term ‘‘lifelines’’ means public works and utilities, including transportation facilities and infrastructure, oil and gas 

pipelines, electrical power and communication facilities and infrastructure, and water supply and sewage treatment facilities. 

(7) The term ‘‘Program agencies’’ means the Federal Emergency Management Agency, the United States Geological Survey, the National Science Foundation, and the National Institute of Standards and Technology. 

ø(8) The term ‘‘Interagency Coordinating Committee’’ means 

the Interagency Coordinating Committee on Earthquake Hazards Reduction established under section 5(a). 

ø(9) The term ‘‘Advisory Committee’’ means the Advisory 

Committee established under section 5(a)(5).¿ 


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SEC. 5. NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM. 

[42 U.S.C. 7704] 

(a) ESTABLISHMENT.— (1) IN GENERAL.—There is established the National Earthquake Hazards Reduction Program. 

ø(2) PROGRAM ACTIVITIES.—The activities of the Program 

shall be designed to— 

ø(A) develop effective measures for earthquake hazards 

reduction; 

ø(B) promote the adoption of earthquake hazards reduction measures by Federal, State, and local governments, 

national standards and model code organizations, architects and engineers, building owners, and others with a 

role in planning and constructing buildings, structures, 

and lifelines through— 

ø(i) grants, contracts, cooperative agreements, and 

technical assistance; 

ø(ii) development of standards, guidelines, and voluntary consensus codes for earthquake hazards reduction for buildings, structures, and lifelines; 

ø(iii) development and maintenance of a repository 

of information, including technical data, on seismic 

risk and hazards reduction; and 

ø(C) improve the understanding of earthquakes and 

their effects on communities, buildings, structures, and 

lifelines, through interdisciplinary research that involves 

engineering, natural sciences, and social, economic, and 

decisions sciences; and 

ø(D) develop, operate, and maintain an Advanced National Seismic Research and Monitoring System established under section 13 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7707), the George E. Brown, Jr. 

Network for Earthquake Engineering Simulation established under section 14 of that Act (42 U.S.C. 7708), and 

the Global Seismographic Network.¿ 

(2) PROGRAM ACTIVITIES.—The activities of the Program shall 

be designed to— 

(A) research and develop effective methods, tools, and 

technologies to reduce the risk posed by earthquakes to the 

built environment, especially to lessen the risk to existing 

structures and lifelines; 

(B) improve the understanding of earthquakes and their 

effects on households, businesses, communities, buildings, 

structures, and lifelines, through interdisciplinary and 

multidisciplinary research that involves engineering, natural sciences, and social sciences; and 

(C) facilitate the adoption of earthquake risk reduction 

measures by households, businesses, communities, local, 

State, and Federal governments, national standards and 

model building code organizations, architects and engineers, building owners, and others with a role in planning 

for disasters and planning, constructing, retrofitting, and 

insuring buildings, structures, and lifelines through— 

(i) grants, contracts, cooperative agreements, and 

technical assistance; 


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(ii) development of standards, guidelines, voluntary 

consensus standards, and other design guidance for 

earthquake hazards risk reduction for buildings, structures, and lifelines; 

(iii) outreach and information dissemination to communities on location-specific earthquake hazards and 

methods to reduce the risks from those hazards; and 

(iv) development and maintenance of a repository of 

information, including technical data, on seismic risk 

and hazards reduction. 

ø(3) INTERAGENCY COORDINATING COMMITTEE ON EARTH- QUAKE HAZARDS REDUCTION.— ø(A) IN GENERAL.—There is established an Interagency 

Coordinating Committee on Earthquake Hazards Reduction chaired by the Director of the National Institute of 

Standards and Technology (referred to in this subsection 

as the ‘‘Director’’). 

ø(B) MEMBERSHIP.—The committee shall be composed of 

the directors of— 

ø(i) the Federal Emergency Management Agency; 

ø(ii) the United States Geological Survey; 

ø(iii) the National Science Foundation; 

ø(iv) the Office of Science and Technology Policy; 

and 

ø(v) the Office of Management and Budget. 

ø(C) MEETINGS.—The Committee shall meet not less 

than 3 times a year at the call of the Director. 

ø(D) PURPOSE AND DUTIES.—The Interagency Coordinating Committee shall oversee the planning, management, and coordination of the Program. The Interagency 

Coordinating Committee shall— 

ø(i) develop, not later than 6 months after the date 

of enactment of the National Earthquake Hazards Reduction Program Reauthorization Act of 2004 and update periodically— 

ø(I) a strategic plan that establishes goals and 

priorities for the Program activities described 

under subsection (a)(2); and(II) a detailed management plan to implement such strategic plan; and 

ø(ii) develop a coordinated interagency budget for 

the Program that will ensure appropriate balance 

among the Program activities described under subsection (a)(2), and, in accordance with the plans developed under clause (i), submit such budget to the Director of the Office of Management and Budget at the 

time designated by that office for agencies to submit 

annual budgets. 

ø(4) ANNUAL REPORT.—The Interagency Coordinating Committee shall transmit, at the time of the President’s budget request to Congress, an annual report to the Committee on 

Science and the Committee on Resources of the House of Representatives, and the Committee on Commerce, Science, and 

Transportation of the Senate. Such report shall include— 

ø(A) the Program budget for the current fiscal year for 

each agency that participates in the Program, and for each 


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major goal established for the Program activities under 

subparagraph (3)(A); 

ø(B) the proposed Program budget for the next fiscal 

year for each agency that participates in the Program, and 

for each major goal established for the Program activities 

under subparagraph (3)(A); 

ø(C) a description of the activities and results of the Program during the previous year, including an assessment of 

the effectiveness of the Program in furthering the goals established in the strategic plan under (3)(A); 

ø(D) a description of the extent to which the Program 

has incorporated the recommendations of the Advisory 

Committee; 

ø(E) a description of activities, including budgets for the 

current fiscal year and proposed budgets for the next fiscal 

year, that are carried out by Program agencies and contribute to the Program, but are not included in the Program; and 

ø(F) a description of the activities, including budgets for 

the current fiscal year and proposed budgets for the following fiscal year, related to the grant program carried out 

under subsection (b)(2)(A)(i). 

ø(5) ADVISORY COMMITTEE.— ø(A) IN GENERAL.—The Director shall establish an Advisory Committee on Earthquake Hazards Reduction of at 

least 11 members, none of whom may be an employee (as 

defined in subparagraphs (A) through (F) of section 

7342(a)(1) of title 5, United States Code, including representatives of research and academic institutions, industry standards development organizations, State and local 

government, and financial communities who are qualified 

to provide advice on earthquake hazards reduction and 

represent all related scientific, architectural, and engineering disciplines. The recommendations of the Advisory Committee shall be considered by Federal agencies in implementing the Program. 

ø(B) ASSESSMENT.—The Advisory Committee shall assess— 

ø(i) trends and developments in the science and engineering of earthquake hazards reduction; 

ø(ii) effectiveness of the Program in carrying out the 

activities under (a)(2); 

ø(iii) the need to revise the Program; and 

ø(iv) the management, coordination, implementation, and activities of the Program. 

ø(C) REPORT.—Not later than 1 year after the date of enactment of the National Earthquake Hazards Reduction 

Program Reauthorization Act of 2004 and at least once 

every 2 years thereafter, the Advisory Committee shall report to the Director on its findings of the assessment carried out under subparagraph (B) and its recommendations 

for ways to improve the Program. In developing recommendations, the Committee shall consider the recommendations of the United States Geological Survey Scientific Earthquake Studies Advisory Committee. 


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ø(D) FEDERAL ADVISORY COMMITTEE ACT APPLICATION.— 

Section 14 of the Federal Advisory Committee Act (5 App. 

U.S.C. 14) shall not apply to the Advisory Committee.¿ 

ø(b) RESPONSIBILITIES OF PROGRAM AGENCIES.— 

ø(1) LEAD AGENCY.—The National Institute of Standards and 

Technology shall have the primary responsibility for planning 

and coordinating the Program. In carrying out this paragraph, 

the Director of the Institute shall— 

ø(A) ensure that the Program includes the necessary 

steps to promote the implementation of earthquake hazard 

reduction measures by Federal, State, and local governments, national standards and model building code organizations, architects and engineers, and others with a role in 

planning and constructing buildings and lifelines; 

ø(B) support the development of performance-based seismic engineering tools, and work with appropriate groups to 

promote the commercial application of such tools, through 

earthquake-related building codes, standards, and construction practices; 

ø(C) request the assistance of Federal agencies other 

than the Program agencies, as necessary to assist in carrying out this Act; and 

ø(D) work with the Federal Emergency Management 

Agency, the National Science Foundation, and the United 

States Geological Survey, to develop a comprehensive plan 

for earthquake engineering research to effectively use existing testing facilities and laboratories (existing at the 

time of the development of the plan), upgrade facilities and 

equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner. 

ø(E), (F) [Redesignated] 

ø(2) DEPARTMENT OF HOMELAND SECURITY; FEDERAL EMERGENCY MANAGEMENT AGENCY.— 

ø(A) PROGRAM RESPONSIBILITIES.—The Under Secretary 

of Homeland Security for Emergency Preparedness and 

Response (the Director of the Federal Emergency Management Agency)— 

ø(i) shall work closely with national standards and 

model building code organizations, in conjunction with 

the National Institute of Standards and Technology, to 

promote the implementation of research results; 

ø(ii) shall promote better building practices within 

the building design and construction industry including architects, engineers, contractors, builders, and inspectors; 

ø(iii) shall operate a program of grants and assistance to enable States to develop mitigation, preparedness, and response plans, prepare inventories and conduct seismic safety inspections of critical structures 

and lifelines, update building and zoning codes and ordinances to enhance seismic safety, increase earthquake awareness and education, and encourage the 

development of multi-State groups for such purposes; 


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ø(iv) shall support the implementation of a comprehensive earthquake education and public awareness program, including development of materials and 

their wide dissemination to all appropriate audiences 

and support public access to locality-specific information that may assist the public in preparing for, mitigating against, responding to and recovering from 

earthquakes and related disasters; 

ø(v) shall assist the National Institute of Standards 

and Technology, other Federal agencies, and private 

sector groups, in the preparation, maintenance, and 

wide dissemination of seismic resistant design guidance and related information on building codes, standards, and practices for new and existing buildings, 

structures, and lifelines, and aid in the development of 

performance-based design guidelines and methodologies supporting model codes for buildings, structures, 

and lifelines that are cost effective and affordable; 

ø(vi) shall develop, coordinate, and execute the National Response Plan when required following an 

earthquake, and support the development of specific 

State and local plans for each high risk area to ensure 

the availability of adequate emergency medical resources, search and rescue personnel and equipment, 

and emergency broadcast capability; 

ø(vii) shall develop approaches to combine measures 

for earthquake hazards reduction with measures for 

reduction of other natural and technological hazards 

including performance-based design approaches; 

ø(viii) shall provide preparedness, response, and 

mitigation recommendations to communities after an 

earthquake prediction has been made under paragraph (3)(D); and 

ø(ix) may enter into cooperative agreements or contracts with States and local jurisdictions and other 

Federal agencies to establish demonstration projects 

on earthquake hazard mitigation, to link earthquake 

research and mitigation efforts with emergency management programs, or to prepare educational materials for national distribution. 

ø(B) STATE ASSISTANCE PROGRAM CRITERIA.—In order to 

qualify for assistance under subparagraph (A)(i), a state 

must— 

ø(i) demonstrate that the assistance will result in 

enhanced seismic safety in the State; 

ø(ii) provide a share of the costs of the activities for 

which assistance is being given, in accordance with 

subparagraph (C); and 

ø(iii) meet such other requirements as the Director 

of the Agency shall prescribe. 

ø(C) NON-FEDERAL COST SHARING.— 

ø(i) In the case of any State which has received, before October 1, 1990, a grant from the Agency for activities under this Act which included a requirement 

for cost sharing by matching such grant, any grant obVerDate Mar 15 2010 08:05 Feb 28, 2012 Jkt 019010 PO 00000 Frm 00019 Fmt 6659 Sfmt 6601 E:\HR\OC\SR150.XXX SR150

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tained from the Agency for activities under subparagraph (A)(i) after such date shall not include a requirement for cost sharing in an amount greater than 

50 percent of the cost of the project for which the 

grant is made. 

ø(ii) In the case of any State which has not received, 

before October 1, 1990, a grant from the Agency for activities under this Act which included a requirement 

for cost sharing by matching such grant, any grant obtained from the Agency for activities under subparagraph (A)(i) after such date— 

ø(I) shall not include a requirement for cost 

sharing for the first fiscal year of such a grant; 

ø(II) shall not include a requirement for cost 

sharing in an amount greater than 25 percent of 

the cost of the project for which the grant is made 

for the second fiscal year of such grant, and an 

cost sharing requirement may be satisfied through 

in-kind contributions; 

ø(III) shall not include a requirement for cost 

sharing in an amount greater than 35 percent of 

the cost of the project for which the grant is made 

for the third fiscal year of such grant, and any 

cost sharing requirement may be satisfied through 

in-kind contributions; and 

ø(IV) shall not include a requirement for cost 

sharing in an amount greater than 50 percent of 

the cost of the project for which the grant is made 

for the fourth and subsequent fiscal years of such 

grant. 

ø(3) UNITED STATES GEOLOGICAL SURVEY.—The United 

States Geological Survey shall conduct research and other activities necessary to characterize and identify earthquake hazards, assess earthquake risks, monitor seismic activity, and 

improve earthquake predictions. In carrying out this paragraph, the Director of the United States Geological Survey 

shall— 

ø(A) conduct a systematic assessment of the seismic 

risks in each region of the Nation prone to earthquakes, 

including, where appropriate, the establishment and operation of intensive monitoring projects on hazardous faults, 

seismic microzonation studies in urban and other developed areas where earthquake risk is determined to be significant, and engineering seismology studies; 

ø(B) work with officials of State and local governments 

to ensure that they are knowledgeable about the specific 

seismic risks in their areas; 

ø(C) develop standard procedures, in consultation with 

the Director of the Federal Emergency Management Agency and the Director of the National Institute of Standards 

and Technology, for issuing earthquake predictions, including aftershock advisories; 

ø(D) issue when necessary, and notify the Director of the 

Federal Emergency Management Agency and the Director 

of the National Institute of Standards and Technology of, 


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an earthquake prediction or other earthquake advisory, 

which may be evaluated by the National Earthquake Prediction Evaluation Council, which shall be exempt from 

the requirements of section 10(a)(2) of the Federal Advisory Committee Act when meeting for such purposes; 

ø(E) operate, using the National Earthquake Information Center, a forum for the international exchange of 

earthquake information which shall— 

ø(i) promote the exchange of information on earthquake research and earthquake preparedness between 

the United States and other nations; 

ø(ii) maintain a library containing selected reports, 

research papers, and data produced through the Program; 

ø(iii) answer requests from other nations for information on United States earthquake research and 

earthquake preparedness programs; and 

ø(iv) direct foreign requests to the agency involved 

in the Program which is best able to respond to the request; 

ø(F) operate a National Seismic System; 

ø(G) support regional seismic networks, which shall complement the National Seismic Network; and 

ø(H) work with the National Science Foundation, the 

Federal Emergency Management Agency, and the National 

Institute of Standards and Technology to develop a comprehensive plan for earthquake engineering research to effectively use existing testing facilities and laboratories (in 

existence at the time of the development of the plan), upgrade facilities and equipment as needed, and integrate 

new, innovative testing approaches to the research infrastructure in a systematic manner. 

ø(I) work with other Program agencies to coordinate Program activities with similar earthquake hazards reduction 

efforts in other countries, to ensure that the Program benefits from relevant information and advances in those 

countries; and 

ø(J) maintain suitable seismic hazard maps in support of 

building codes for structures and lifelines, including additional maps needed for performance-based design approaches. 

ø(4) NATIONAL SCIENCE FOUNDATION.—The National Science 

Foundation shall be responsible for funding research on earth 

sciences to improve the understanding of the causes and behavior of earthquakes, on earthquake engineering, and on 

human response to earthquakes. In carrying out this paragraph, the Director of the National Science Foundation shall— 

ø(A) encourage prompt dissemination of significant findings, sharing of data, samples, physical collections, and 

other supporting materials, and development of intellectual property so research results can be used by appropriate organizations to mitigate earthquake damage; 

ø(B) in addition to supporting individual investigators, 

support university research consortia and centers for research in geosciences and in earthquake engineering; 


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ø(C) work closely with the United States Geological Survey to identify geographic regions of national concern that 

should be the focus of targeted solicitations for earthquake-related research proposals; 

ø(D) support research that improves the safety and performance of buildings, structures, and lifeline systems 

using large-scale experimental and computational facilities 

of the George E. Brown Jr. Network for Earthquake Engineering Simulation and other institutions engaged in research and the implementation of the National Earthquake Hazards Reduction Program; 

ø(E) emphasize, in earthquake engineering research, development of economically feasible methods to retrofit existing buildings and to protect lifelines to mitigate earthquake damage; 

ø(F) support research that studies the political, economic, and social factors that influence the implementation of hazard reduction measures; 

ø(G) include to the maximum extent practicable diverse 

institutions, including Historically Black Colleges and Universities and those serving large proportions of Hispanics, 

Native Americans, Asian-Pacific Americans, and other 

underrepresented populations; and 

ø(H) develop, in conjunction with the Federal Emergency 

Management Agency, the National Institute of Standards 

and Technology, and the United States Geological Survey, 

a comprehensive plan for earthquake engineering research 

to effectively use existing testing facilities and laboratories 

(in existence at the time of the development of the plan), 

upgrade facilities and equipment as needed, and integrate 

new, innovative testing approaches to the research infrastructure in a systematic manner. 

ø(5) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.— In addition to the lead agency responsibilities described under 

paragraph (1), the National Institute of Standards and Technology shall be responsible for carrying out research and development to improve building codes and standards and practices 

for structures and lifelines. In carrying out this paragraph, the 

Director of the National Institute of Standards and Technology 

shall— 

ø(A) work closely with national standards and model 

building code organizations, in conjunction with the Agency, to promote the implementation of research results; 

ø(B) promote better building practices among architects 

and engineers; 

ø(C) work closely with national standards organizations 

to develop seismic safety standards and practices for new 

and existing lifelines; 

ø(D) support the development and commercial application of cost effective and affordable performance-based 

seismic engineering by providing technical support for seismic engineering practices and related building code, standards, and practices development; and 

ø(E) work with the National Science Foundation, the 

Federal Emergency Management Agency, and the United 


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States Geological Survey to develop a comprehensive plan 

for earthquake engineering research to effectively use existing testing facilities and laboratories (in existence at the 

time of the development of the plan), upgrade facilities and 

equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner.¿ 

(b) RESPONSIBILITIES OF PROGRAM AGENCIES.— (1) LEAD AGENCY.—The National Institute of Standards and 

Technology (in this section referred to as the ‘‘Institute’’) shall 

be responsible for planning and coordinating the Program. In 

carrying out this paragraph, the Director of the Institute 

shall— 

(A) ensure that the Program includes the necessary components to promote the implementation of earthquake hazards risk reduction measures by households, businesses, 

communities, local, State, and Federal governments, national standards and model building code organizations, 

architects and engineers, building owners, and others with 

a role in preparing for disasters, or the planning, constructing, retrofitting, and insuring of buildings, structures, 

and lifelines; 

(B) support the development of performance-based seismic engineering tools, and work with the appropriate 

groups to promote the commercial application of such tools, 

through earthquake-related building codes, standards, and 

construction practices; 

(C) ensure the use of social science research and findings 

in informing research and technology development priorities, communicating earthquake risks to the public, developing earthquake risk mitigation strategies, and preparing 

for earthquake disasters; 

(D) coordinate all Federal post-earthquake investigations; 

and 

(E) when warranted by research or investigative findings, 

issue recommendations for changes in model codes to the 

relevant code development organizations, and report back 

to Congress on whether such recommendations were adopted. 

(2) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.— 

In addition to the lead agency responsibilities described under 

paragraph (1), the Institute shall be responsible for carrying out 

research and development to improve building codes and standards and practices for buildings, structures, and lifelines. In 

carrying out this paragraph, the Director of the Institute 

shall— 

(A) work, in conjunction with other appropriate Federal 

agencies, to support the development of improved seismic 

standards and model codes; 

(B) in coordination with other appropriate Federal agencies, work closely with standards and model code development organizations, professional societies, and practicing 

engineers, architects, and others involved in the construction of buildings, structures, and lifelines, to promote better 

building practices, including by— 


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(i) developing technical resources for practitioners on 

new knowledge and standards of practice; and 

(ii) developing methods and tools to facilitate the incorporation of earthquake engineering principles into 

design and construction practices; 

(C) develop tools, technologies, methods, and practitioner 

guidance to feasibly and cost-effectively retrofit existing 

buildings and structures to increase their earthquake resiliency; and 

(D) work closely with national standards organizations, 

and other interested parties, to develop seismic safety 

standards and practices for new and existing lifelines. 

(3) FEDERAL EMERGENCY MANAGEMENT AGENCY.— 

(A) IN GENERAL.—The Federal Emergency Management 

Agency (in this paragraph referred to as the ‘‘Agency’’), consistent with the Agency’s all hazards approach, shall be responsible for facilitating the development and adoption of 

standards, model building codes, and better seismic building practices, developing tools to assess earthquake hazards, promoting the adoption of hazard mitigation measures, and carrying out a program of direct assistance to 

States and localities to mitigate earthquake risks to buildings, structures, lifelines, and communities. 

(B) DIRECTOR’S DUTIES.—The Director of the Agency 

shall— 

(i) work closely with other relevant Federal agencies, 

standards and model building code development organizations, architects, engineers, and other professionals, to facilitate the development and adoption of 

standards, model codes, and design and construction 

practices to increase the earthquake resiliency of new 

and existing buildings, structures, and lifelines in 

the— 

(I) preparation, maintenance, and wide dissemination of design guidance, model building codes 

and standards, and practices to increase the earthquake resiliency of new and existing buildings, 

structures, and lifelines; 

(II) development of performance based design 

guidelines and methodologies supporting model 

codes for buildings, structures, and lifelines; and 

(III) development of methods and tools to facilitate the incorporation of earthquake engineering 

principles into design and construction practices; 

(ii) develop tools, technologies, and methods to assist 

local planners, and others, to model and predict the potential impact of earthquake damage in seismically 

hazardous areas; and 

(iii) support the implementation of a comprehensive 

earthquake education and public awareness program, 

including the development of materials and their wide 

dissemination to all appropriate audiences, and support public access to locality-specific information that 

may assist the public in preparing for, mitigating 


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against, responding to, and recovering from earthquakes and related disasters. 

(C) STATE ASSISTANCE GRANT PROGRAM.—The Director of 

the Agency shall operate a program of grants and assistance to enable States to develop mitigation, preparedness, 

and response plans, compare inventories and conduct seismic safety inspections of critical structures and lifelines, 

update building and zoning codes and ordinances to enhance seismic safety, increase earthquake awareness and 

education, and encourage the development of multistate 

groups for such purposes. The Director shall operate such 

programs in coordination with the all hazards mitigation 

and preparedness programs authorized by the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5121 et seq.), in order to ensure that such programs 

are as consistent as possible. In order to qualify for assistance under this subparagraph, a State must— 

(i) demonstrate that the assistance will result in enhanced seismic safety in the State; 

(ii) provide 50 percent of the costs of the activities for 

which assistance is being given, except that the Director may lower or waive the cost-share requirement for 

these activities in exceptional cases of economic hardship; and 

(iii) meet such other requirements as the Director of 

the Agency shall prescribe. 

(D) FEDERAL EMERGENCY MANAGEMENT AGENCY ROLE

AND RESPONSIBILITY.—Nothing in this Act shall be construed to diminish the role and responsibility of the Federal 

Emergency Management Agency with regard to all hazards 

preparedness, response, recovery, and mitigation. 

(4) UNITED STATES GEOLOGICAL SURVEY.—The United States 

Geological Survey (in this paragraph referred to as the ‘‘Survey’’) shall conduct research and other activities necessary to 

characterize and identify earthquake hazards, assess earthquake risks, monitor seismic activity, and provide real-time 

earthquake information. In carrying out this paragraph, the Director of the Survey shall— 

(A) conduct a systematic assessment of the seismic risks 

in each region of the Nation prone to earthquakes, including, where appropriate, the establishment and operation of 

intensive monitoring projects on hazardous faults, detailed 

seismic hazard and risk studies in urban and other developed areas where earthquake risk is determined to be significant, and engineering seismology studies; 

(B) work with officials of State and local governments to 

ensure that they are knowledgeable about the specific seismic risks in their areas; 

(C) develop standard procedures, in consultation with the 

Director of the Federal Emergency Management Agency, for 

issuing earthquake alerts, including aftershock advisories, 

and, to the extent possible, ensure that such alerts are compatible with the Integrated Public Alerts and Warning System program authorized by section 202 of the Robert T. 


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Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5132); 

(D) issue when justified, and notify the Director of the 

Federal Emergency Management Agency of, an earthquake 

prediction or other earthquake advisory, which may be 

evaluated by the National Earthquake Prediction Evaluation Council; 

(E) operate, as integral parts of the Advanced National 

Seismic Research and Monitoring System, a National 

Earthquake Information Center and a national seismic network, together providing timely and accurate information 

on earthquakes world-wide; 

(F) support the operation of regional seismic networks in 

areas of higher seismic risk; 

(G) develop and support seismic instrumentation of 

buildings and other structures to obtain data on their response to earthquakes for use in engineering studies and 

assessment of damage; 

(H) monitor and assess Earth surface deformation as it 

pertains to the evaluation of earthquake hazards and impacts; 

(I) work with other Program agencies to maintain awareness of, and where appropriate cooperate with, earthquake 

risk reduction efforts in other countries, to ensure that the 

Program benefits from relevant information and advances 

in those countries; 

(J) maintain suitable seismic hazard maps in support of 

building codes for structures and lifelines, including additional maps needed for performance-based design approaches, and, to the extent possible, ensure that such maps 

are developed consistent with the multihazard advisory 

maps authorized by section 203(k) of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5133(k)); 

(K) conduct a competitive, peer-reviewed process which 

awards grants and cooperative agreements to complement 

and extend related internal Survey research and monitoring activities; and 

(L) operate, in cooperation with the National Science 

Foundation, a Global Seismographic Network for detection 

of earthquakes around the world and research into fundamental earth processes. 

(5) NATIONAL SCIENCE FOUNDATION.—The National Science 

Foundation shall be responsible for funding basic research that 

furthers the understanding of earthquakes, earthquake engineering, and community preparation and response to earthquakes. In carrying out this paragraph, the Director of the National Science Foundation shall— 

(A) support multidisciplinary and interdisciplinary research that will improve the resiliency of communities to 

earthquakes, including— 

(i) research that improves the safety and performance 

of buildings, structures, and lifelines, including the use 

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cilities of the George E. Brown, Jr. Network for Engineering Earthquake Simulation; 

(ii) research to support more effective earthquake 

mitigation and response measures, such as developing 

better knowledge of the specific types of vulnerabilities 

faced by segments of the community vulnerable to 

earthquakes, addressing the barriers they face in 

adopting mitigation and preparation measures, and 

developing methods to better communicate the risks of 

earthquakes and to promote mitigation; and 

(iii) research on the response of communities, households, businesses, and emergency responders to earthquakes; 

(B) support research to understand earthquake processes, 

earthquake patterns, and earthquake frequencies; 

(C) encourage prompt dissemination of significant findings, sharing of data, samples, physical collections, and 

other supporting materials, and development of intellectual 

property so research results can be used by appropriate organizations to mitigate earthquake damage; 

(D) work with other Program agencies to maintain 

awareness of, and where appropriate cooperate with, earthquake risk reduction research efforts in other countries, to 

ensure that the Program benefits from relevant information 

and advances in those countries; and 

(E) include to the maximum extent practicable diverse institutions, including Historically Black Colleges and Universities, Hispanic-serving institutions, Tribal Colleges and 

Universities, Alaska Native-serving institutions, and Native 

Hawaiian-serving institutions. 

(c) BUDGET COORDINATION.— (1) GUIDANCE.—The Interagency Coordinating Committee on 

Natural Hazards Risk Reduction established under section 301 

of the Natural Hazards Risk Reduction Act of 2011 shall each 

year provide guidance to the other Program agencies concerning the preparation of requests for appropriations for activities related to the Program, and shall prepare, in conjunction with the other Program agencies, an annual Program 

budget to be submitted to the Office of Management and Budget. 

(2) REPORTS.—Each Program agency shall include with its 

annual request for appropriations submitted to the Office of 

Management and Budget a report that— 

(A) identifies each element of the proposed Program activities of the agency; 

(B) specifies how each of these activities contributes to 

the Program; and 

(C) states the portion of its request for appropriations allocated to each element of the Program. 

SEC. 11. POST-EARTHQUAKE INVESTIGATIONS PROGRAM. 

[42 U.S.C. 7705e] 

øThere is established within the United States Geological Survey 

a post-earthquake investigations program, the purpose of which is 

to investigate major earthquakes, so as to learn lessons which can 

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quakes. The United States Geological Survey, in consultation with 

each Program agency, shall organize investigations to study the implications of the earthquake in the areas of responsibility of each 

Program agency. The investigations shall begin as rapidly as possible and may be conducted by grantees and contractors. The Program agencies shall ensure that the results of investigations are 

disseminated widely. The Director of the Survey is authorized to 

utilize earthquake expertise from the Agency, the National Science 

Foundation, the National Institute of Standards and Technology, 

other Federal agencies, and private contractors, on a reimbursable 

basis, in the conduct of such earthquake investigations.¿ The Program shall include a post-earthquake investigations program, the 

purpose of which is to investigate major earthquakes so as to learn 

lessons which can be applied to reduce the loss of lives and property 

in future earthquakes. The lead Program agency, in consultation 

with each Program agency, shall organize investigations to study 

the implications of the earthquakes in the areas of responsibility of 

each Program agency. The investigations shall begin as rapidly as 

possible and may be conducted by grantees and contractors. The 

Program agencies shall ensure that the results of the investigations 

are disseminated widely. At a minimum, investigations under this 

section shall include— 

(1) analysis by the National Science Foundation and the 

United States Geological Survey of the causes of the earthquake and the nature of the resulting ground motion; 

(2) analysis by the National Science Foundation and the National Institute of Standards and Technology of the behavior of 

structures and lifelines, both those that were damaged and 

those that were undamaged; and 

(3) analysis by each of the Program agencies of the effectiveness of the earthquake hazards mitigation programs and actions relating to its area of responsibility under the Program, 

and how those programs and actions could be strengthened. 

SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

[42 U.S.C. 7706] 

(a) GENERAL AUTHORIZATION FOR THE PROGRAM.— (1) There are authorized to be appropriated to the President 

to carry out the provisions of sections 5 and 6 of this Act (in 

addition to any authorizations for similar purposes included in 

other Acts and the authorizations set forth in subsections (b) 

and (c) of this section), not to exceed $1,000,000 for the fiscal 

year ending September 30, 1978, not to exceed $2,000,000 for 

the fiscal year ending September 30, 1979, and not to exceed 

$2,000,000 for the fiscal year ending September 30, 1980. 

(2) There are authorized to be appropriated to the Director 

to carry out the provisions of sections 5 and 6 of this Act for 

the fiscal year ending September 30, 1981— (A) $1,000,000 for continuation of the Interagency Committee on Seismic Safety in Construction and the Building 

Seismic Safety Council programs, (B) $1,500,000 for plans and preparedness for earthquake disasters, 

(C) $500,000 for prediction response planning, 

(D) $600,000 for architectural and engineering planning 

and practice programs, 


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(E) $1,000,000 for development and application of a public education program, (F) $3,000,000 for use by the National Science Foundation in addition to the amount authorized to be appropriated under subsection (c), which amount includes 

$2,400,000 for earthquake policy research and $600,000 for 

the strong ground motion element of the siting program, 

and 

(G) $1,000,000 for use by the Center for Building Technology, National Bureau of Standards in addition to the 

amount authorized to be appropriated under subsection (d) 

for earthquake activities in the Center. 

(3) There are authorized to be appropriated to the Director for the fiscal year ending September 30, 1982, $2,000,000 to 

carry out the provisions of sections 5 and 6 of this Act. 

(4) There are authorized to be appropriated to the Director, 

to carry out the provisions of sections 5 and 6 of this Act, 

$1,281,000 for the fiscal year ending September 30, 1983. 

(5) There are authorized to be appropriated to the Director, 

to carry out the provisions of sections 5 and 6 of this Act, for 

the fiscal year ending September 30, 1984, $3,705,000, and for 

the fiscal year ending September 30, 1985, $6,096,000. 

(6) There are authorized to be appropriated to the Director, 

to carry out the provisions of sections 5 and 6 of this Act, for 

the fiscal year ending September 30, 1986, $5,596,000, and for 

the fiscal year ending September 30, 1987, $5,848,000. 

(7) There are authorized to be appropriated to the Director of the Agency, to carry out this Act $5,778,000 for the fiscal 

year ending September 30, 1988, $5,788,000 for the fiscal year 

ending September 30, 1989, $8,798,000 for the fiscal year ending September 30, 1990, $14,750,000 for the fiscal year ending 

September 30, 1991, $19,000,000 for the fiscal year ending 

September 30, 1992, $22,000,000 for the fiscal year ending 

September 30, 1993, $25,000,000 for the fiscal year ending 

September 30, 1995, $25,750,000 for the fiscal year ending 

September 30, 1996, $20,900,000 for the fiscal year ending 

September 30, 1998, $21,500,000 for the fiscal year ending 

September 30, 1999; $19,861,000 for the fiscal year ending 

September 30, 2001, of which $450,000 is for National Earthquake Hazard Reduction Program-eligible efforts of an established multi-state consortium to reduce the unacceptable 

threat of earthquake damages in the New Madrid seismic region through efforts to enhance preparedness, response, recovery, and mitigation; $20,705,000 for the fiscal year ending September 30, 2002; and $21,585,000 for the fiscal year ending 

September 30, 2003. 

(8) There are authorized to be appropriated to the Federal 

Emergency Management Agency for carrying out this title— 

(A) $21,000,000 for fiscal year 2005, 

(B) $21,630,000 for fiscal year 2006, 

(C) $22,280,000 for fiscal year 2007, 

(D) $22,950,000 for fiscal year 2008, and 

(E) $23,640,000 for fiscal year 2009,of which not less 

than 10 percent of available program funds actually appropriated shall be made available each such fiscal year for 


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supporting the development of performance-based, cost-effective, and affordable design guidelines and methodologies 

in codes for buildings, structures, and lifelines. 

(9) There are authorized to be appropriated to the Federal 

Emergency Management Agency for carrying out this Act— (A) $10,238,000 for fiscal year 2011; 

(B) $10,545,000 for fiscal year 2012; 

(C) $10,861,000 for fiscal year 2013; 

(D) $11,187,000 for fiscal year 2014; and 

(E) $11,523,000 for fiscal year 2015. 

(b) GEOLOGICAL SURVEY.— (1) There are authorized to be appropriated to the Secretary 

of the Interior for purposes of carrying out, through the Director of the United States Geological Survey, the responsibilities 

that may be assigned to the Director under this Act not to exceed $27,500,000 for the fiscal year ending September 30, 

1978; not to exceed $35,000,000 for the fiscal year ending September 30, 1979; not to exceed $40,000,000 for the fiscal year 

ending September 30, 1980; $32,484,000 for the fiscal year 

ending September 30, 1981; $34,425,000 for the fiscal year 

ending September 30, 1982; $31,843,000 for the fiscal year 

ending September 30, 1983; $35,524,000 for the fiscal year 

ending September 30, 1984; $37,300,200 for the fiscal year 

ending September 30, 1985[;] $35,578,000 for the fiscal year 

ending September 30, 1986; $37,179,000 for the fiscal year 

ending September 30, 1987; $38,540,000 for the fiscal year 

ending September 30, 1988; $41,819,000 for the fiscal year 

ending September 30, 1989; $55,283,000 for the fiscal year 

ending September 30, 1990, of which $8,000,000 shall be for 

earthquake investigations under section 11; $50,000,000 for 

the fiscal year ending September 30, 1991; $54,500,000 for the 

fiscal year ending September 30, 1992; $62,500,000 for the fiscal year ending September 30, 1993; $49,200,000 for the fiscal 

year ending September 30, 1995; $50,676,000 for the fiscal 

year ending September 30, 1996; $52,565,000 for the fiscal 

year ending September 30, 1998, of which $3,800,000 shall be 

used for the Global Seismic Network operated by the Agency; 

and $54,052,000 for the fiscal year ending September 30, 1999, 

of which $3,800,000 shall be used for the Global Seismic Network operated by the Agency. There are authorized to be appropriated to the Secretary of the Interior for purposes of carrying out, through the Director of the United States Geological 

Survey, the responsibilities that may be assigned to the Director under this Act $48,360,000 for fiscal year 2001, of which 

$3,500,000 is for the Global Seismic Network and $100,000 is 

for the Scientific Earthquake Studies Advisory Committee established under section 210 of the Earthquake Hazards Reduction Authorization Act of 2000; $50,415,000 for fiscal year 

2002, of which $3,600,000 is for the Global Seismic Network 

and $100,000 is for the Scientific Earthquake Studies Advisory 

Committee; and $52,558,000 for fiscal year 2003, of which 

$3,700,000 is for the Global Seismic Network and $100,000 is 

for the Scientific Earthquake Studies Advisory Committee. Of 

the amounts authorized to be appropriated under this paragraph, at least— 


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(A) $8,000,000 of the amount authorized to be appropriated for the fiscal year ending September 30, 1998; 

(B) $8,250,000 of the amount authorized for the fiscal 

year ending September 30, 1999; 

(C) $9,000,000 of the amount authorized to be appropriated for fiscal year 2001; 

(D) $9,250,000 of the amount authorized to be appropriated for fiscal year 2002; and 

(E) $9,500,000 of the amount authorized to be appropriated for fiscal year 2003,shall be used for carrying out 

a competitive, peer-reviewed program under which the Director, in close coordination with and as a complement to 

related activities of the United States Geological Survey, 

awards grants to, or enters into cooperative agreements 

with, State and local governments and persons or entities 

from the academic community and the private sector. 

(2) There are authorized to be appropriated to the United 

States Geological Survey for carrying out this title— 

(A) $77,000,000 for fiscal year 2005, of which not less 

than $30,000,000 shall be made available for completion of 

the Advanced National Seismic Research and Monitoring 

System established under section 13; 

(B) $84,410,000 for fiscal year 2006, of which not less 

than $36,000,000 shall be made available for completion of 

the Advanced National Seismic Research and Monitoring 

System established under section 13; 

(C) $85,860,000 for fiscal year 2007, of which not less 

than $36,000,000 shall be made available for completion of 

the Advanced National Seismic Research and Monitoring 

System established under section 13; 

(D) $87,360,000 for fiscal year 2008, of which not less 

than $36,000,000 shall be made available for completion of 

the Advanced National Seismic Research and Monitoring 

System established under section 13; and 

(E) $88,900,000 for fiscal year 2009, of which not less 

than $36,000,000 shall be made available for completion of 

the Advanced National Seismic Research and Monitoring 

System established under section 13. 

(3) There are authorized to be appropriated to the United 

States Geological Survey for carrying out this Act— 

(A) $90,000,000 for fiscal year 2011, of which 

$36,000,000 shall be made available for completion of the 

Advanced National Seismic Research and Monitoring System; 

(B) $92,100,000 for fiscal year 2012, of which 

$37,000,000 shall be made available for completion of the 

Advanced National Seismic Research and Monitoring System; 

(C) $94,263,000 for fiscal year 2013, of which 

$38,000,000 shall be made available for completion of the 

Advanced National Seismic Research and Monitoring System; 

(D) $96,491,000 for fiscal year 2014, of which 

$39,000,000 shall be made available for completion of the 


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Advanced National Seismic Research and Monitoring System; and 

(E) $98,786,000 for fiscal year 2015, of which $40,000,000 shall be made available for completion of the 

Advanced National Seismic Research and Monitoring System. 

(c) NATIONAL SCIENCE FOUNDATION.— (1) To enable the Foundation to carry out responsibilities 

that may be assigned to it under this Act, there are authorized 

to be appropriated to the Foundation not to exceed $27,500,000 

for the fiscal year ending September 30, 1978; not to exceed 

$35,000,000 for the fiscal year ending September 30, 1979; not 

to exceed $40,000,000 for the fiscal year ending September 30, 

1980; $26,600,000 for the fiscal year ending September 30, 

1981; $27,150,000 for the fiscal year ending September 30, 

1982; $25,000,000 for the fiscal year ending September 30, 

1983; $25,800,000 for the fiscal year ending September 30, 

1984; $28,665,000 for the fiscal year ending September 30, 

1985[;] $27,760,000 for the fiscal year ending September 30, 

1986; $29,009,000 for the fiscal year ending September 30, 

1987; $28,235,000 for the fiscal year ending September 30, 

1988; $31,634,000 for the fiscal year ending September 30, 

1989; $38,454,000 for the fiscal year ending September 30, 

1990. Of the amounts authorized for Engineering under section 

101(d)(1)(B) of the National Science Foundation Authorization 

Act of 1988, $24,000,000 is authorized for carrying out this Act 

for the fiscal year ending September 30, 1991, and of the 

amounts authorized for Geosciences under section 101(d)(1)(D) 

of the National Science Foundation Authorization Act of 1988, 

$13,000,000 is authorized for carrying out this Act for the fiscal year ending September 30, 1991. Of the amounts authorized for Research and Related Activities under section 101(e)(1) 

of the National Science Foundation Authorization Act of 1988, 

$29,000,000 is authorized for engineering research under this 

Act, and $14,750,000 is authorized for geosciences research 

under this Act, for the fiscal year ending September 30, 1992. 

Of the amounts authorized for Research and Related Activities 

under section 101(f)(1) of the National Science Foundation Authorization Act of 1988, $34,500,000 is authorized for engineering research under this Act, and $17,500,000 is authorized for 

geosciences research under this Act, for the fiscal year ending 

September 30, 1993. There are authorized to be appropriated, 

out of funds otherwise authorized to be appropriated to the National Science Foundation: (1) $16,200,000 for engineering research and $10,900,000 for geosciences research for the fiscal 

year ending September 30, 1995, (2) $16,686,000 for engineering research and $11,227,000 for geosciences research for the 

fiscal year ending September 30, 1996, (3) $18,450,000 for engineering research and $11,920,000 for geosciences research for 

the fiscal year ending September 30, 1998, (4) $19,000,000 for 

engineering research and $12,280,000 for geosciences research 

for the fiscal year ending September 30, 1999. There are authorized to be appropriated to the National Science Foundation 

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ing research and $12,406,000 for geosciences research for fiscal 

year 2002; and $20,650,000 for engineering research and 

$12,933,000 for geosciences research for fiscal year 2003. 

(2) There are authorized to be appropriated to the National 

Science Foundation for carrying out this title— 

(A) $38,000,000 for fiscal year 2005; 

(B) $39,140,000 for fiscal year 2006; 

(C) $40,310,000 for fiscal year 2007; 

(D) $41,520,000 for fiscal year 2008; and 

(E) $42,770,000 for fiscal year 2009. 

(3) There are authorized to be appropriated to the National 

Science Foundation for carrying out this Act— 

(A) $64,125,000 for fiscal year 2011; 

(B) $66,049,000 for fiscal year 2012; 

(C) $68,030,000 for fiscal year 2013; 

(D) $70,071,000 for fiscal year 2014; and 

(E) $72,173,000 for fiscal year 2015. 

(d) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.— 

(1) To enable the National Institute of Standards and Technology to carry out responsibilities that may be assigned to it 

under this Act, there are authorized to be appropriated 

$425,000 for the fiscal year ending September 30, 1981; 

$425,000 for the fiscal year ending September 30, 1982; 

$475,000 for the fiscal year ending September 30, 1983; 

$475,000 for the fiscal year ending September 30, 1984; 

$498,750 for the fiscal year ending September 30, 1985[;] 

$499,000 for the fiscal year ending September 30, 1986; 

$521,000 for the fiscal year ending September 30, 1987; 

$525,000 for the fiscal year ending September 30, 1988; 

$525,000 for the fiscal year ending September 30, 1989; 

$2,525,000 for the fiscal year ending September 30, 1990; 

$1,000,000 for the fiscal year ending September 30, 1991; 

$3,000,000 for the fiscal year ending September 30, 1992; and 

$4,750,000 for the fiscal year ending September 30, 1993. 

There are authorized to be appropriated, out of funds otherwise authorized to be appropriated to the National Institute of 

Standards and Technology, $1,900,000 for the fiscal year ending September 30, 1995, $1,957,000 for the fiscal year ending 

September 30, 1996, $2,000,000 for the fiscal year ending September 30, 1998, $2,060,000 for the fiscal year ending September 30, 1999, $2,332,000 for fiscal year 2001, $2,431,000 for 

fiscal year 2002, and $2,534,300 for fiscal year 2003. 

(2) There are authorized to be appropriated to the National 

Institute of Standards and Technology for carrying out this 

title— 

(A) $10,000,000 for fiscal year 2005, 

(B) $11,000,000 for fiscal year 2006, 

(C) $12,100,000 for fiscal year 2007, 

(D) $13,310,000 for fiscal year 2008, and 

(E) $14,640,000 for fiscal year 2009, of which $2,000,000 

shall be made available each such fiscal year for supporting the development of performance-based, cost-effective, and affordable codes for buildings, structures, and 

lifelines. 


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(3) There are authorized to be appropriated to the National 

Institute of Standards and Technology for carrying out this 

Act— 

(A) $7,000,000 for fiscal year 2011; 

(B) $7,700,000 for fiscal year 2012; 

(C) $7,931,000 for fiscal year 2013; 

(D) $8,169,000 for fiscal year 2014; and 

(E) $8,414,000 for fiscal year 2015. 

(e), (f) [Repealed] 

SEC. 14. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION. 

[42 U.S.C. 7708] 

ø(a) ESTABLISHMENT.—¿The Director of the National Science 

Foundation shall establish the George E. Brown, Jr. Network for 

Earthquake Engineering Simulation that will upgrade, link, and 

integrate a system of geographically distributed experimental facilities for earthquake engineering testing of full-sized structures and 

their components and partial-scale physical models. The system 

shall be integrated through networking software so that integrated 

models and databases can be used to create model-based simulation, and the components of the system shall be interconnected 

with a computer network and allow for remote access, information 

sharing, and collaborative research. 

ø(b) AUTHORIZATION OF APPROPRIATIONS.—In addition to 

amounts appropriated under section 12(c), there are authorized to 

be appropriated to the National Science Foundation for the George 

E. Brown, Jr. Network for Earthquake Engineering Simulation— 

ø(1) $28,200,000 for fiscal year 2001; 

ø(2) $24,400,000 for fiscal year 2002; 

ø(3) $4,500,000 for fiscal year 2003; 

ø(4) $17,000,000 for fiscal year 2004; 

ø(5) $20,000,000 for fiscal year 2005, all of which shall be 

available for operations and maintenance; 

ø(6) $20,400,000 for fiscal year 2006, all of which shall be 

available for operations and maintenance; 

ø(7) $20,870,000 for fiscal year 2007, all of which shall be 

available for operations and maintenance; 

ø(8) $21,390,000 for fiscal year 2008, all of which shall be 

available for operations and maintenance; and 

ø(9) $21,930,000 for fiscal year 2009, all of which shall be 

available for operations and maintenance.¿ 

NATIONAL WINDSTORM IMPACT REDUCTION ACT OF 2004 

øSEC. 202. FINDINGS. 

[42 U.S.C. 15701] 

øThe Congress finds the following: 

ø(1) Hurricanes, tropical storms, tornadoes, and thunderstorms can cause significant loss of life, injury, destruction of 

property, and economic and social disruption. All States and 

regions are vulnerable to these hazards. 

ø(2) The United States currently sustains several billion dollars in economic damages each year due to these windstorms. 

In recent decades, rapid development and population growth in 

high-risk areas has greatly increased overall vulnerability to 

windstorms. 


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ø(3) Improved windstorm impact reduction measures have 

the potential to reduce these losses through— 

ø(A) cost-effective and affordable design and construction 

methods and practices; 

ø(B) effective mitigation programs at the local, State, 

and national level; 

ø(C) improved data collection and analysis and impact 

prediction methodologies; 

ø(D) engineering research on improving new structures 

and retrofitting existing ones to better withstand windstorms, atmospheric-related research to better understand 

the behavior and impact of windstorms on the built environment, and subsequent application of those research results; and 

ø(E) public education and outreach. 

ø(4) There is an appropriate role for the Federal Government 

in supporting windstorm impact reduction. An effective Federal 

program in windstorm impact reduction will require interagency coordination, and input from individuals, academia, the 

private sector, and other interested non-Federal entities.¿ 

SEC. 202. PURPOSE. 

It is the purpose of the Congress in this title to achieve a major 

measurable reduction in losses of life and property from windstorms 

through the establishment and maintenance of an effective Windstorm Impact Reduction Program. The objectives of such Program 

shall include— 

(1) the education of households, businesses, and communities 

about the risks posed by windstorms, and the identification of 

locations, structures, lifelines, and segments of the community 

which are especially vulnerable to windstorm damage and disruption, and the dissemination of information on methods to reduce those risks; 

(2) the development of technologically and economically feasible design and construction methods and procedures to make 

new and existing structures, in areas of windstorm risk, windstorm resilient, giving high priority to the development of such 

methods and procedures for lifelines, structures associated with 

a potential high loss of life, and structures that are especially 

needed in times of disasters, such as hospitals and public safety 

and shelter facilities; 

(3) the implementation, in areas of major windstorm risk, of 

instrumentation to record and gather data on windstorms and 

the characteristics of the wind during those events, and continued research to increase the understanding of windstorm phenomena; 

(4) the development, publication, and promotion, in conjunction with State and local officials and professional organizations, of model building codes and standards and other means 

to encourage consideration of information about windstorm risk 

in making decisions about land use policy and construction activity; and 

(5) the facilitation of the adoption of windstorm risk mitigation measures in areas of windstorm risk by households, businesses, and communities through outreach, incentive programs, 

and other means. 


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SEC. 203. DEFINITIONS. 

[42 U.S.C. 15702] 

In this title: 

(1) DIRECTOR.—The term ‘‘Director’’ means the øDirector of 

the Office of Science and Technology Policy¿ Director of the National Institute of Standards and Technology. (2) PROGRAM.—The term ‘‘Program’’ means the National 

Windstorm Impact Reduction Program established by section 

204(a). 

(3) STATE.—The term ‘‘State’’ means each of the States of the 

United States, the District of Columbia, the Commonwealth of 

Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United 

States. 

(4) WINDSTORM.—The term ‘‘windstorm’’ means any storm 

with a damaging or destructive wind component, such as a 

hurricane, tropical storm, tornado, or thunderstorm. 

øSEC. 204. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM. 

[42 U.S.C. 15703] 

ø(a) ESTABLISHMENT.—There is established the National Windstorm Impact Reduction Program. 

ø(b) OBJECTIVE.—The objective of the Program is the achievement of major measurable reductions in losses of life and property 

from windstorms. The objective is to be achieved through a coordinated Federal effort, in cooperation with other levels of government, academia, and the private sector, aimed at improving the understanding of windstorms and their impacts and developing and 

encouraging implementation of cost-effective mitigation measures 

to reduce those impacts. 

ø(c) INTERAGENCY WORKING GROUP.—Not later than 90 days 

after the date of enactment of this Act, the Director shall establish 

an Interagency Working Group consisting of representatives of the 

National Science Foundation, the National Oceanic and Atmospheric Administration, the National Institute of Standards and 

Technology, the Federal Emergency Management Agency, and 

other Federal agencies as appropriate. The Director shall designate 

an agency to serve as Chair of the Working Group and be responsible for the planning, management, and coordination of the Program, including budget coordination. Specific agency roles and responsibilities under the Program shall be defined in the implementation plan required under subsection (e). General agency responsibilities shall include the following: 

ø(1) The National Institute of Standards and Technology 

shall support research and development to improve building 

codes and standards and practices for design and construction 

of buildings, structures, and lifelines. 

ø(2) The National Science Foundation shall support research 

in engineering and the atmospheric sciences to improve the understanding of the behavior of windstorms and their impact on 

buildings, structures, and lifelines. 

ø(3) The National Oceanic and Atmospheric Administration 

shall support atmospheric sciences research to improve the understanding of the behavior of windstorms and their impact on 

buildings, structures, and lifelines. 


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ø(4) The Federal Emergency Management Agency shall support the development of risk assessment tools and effective 

mitigation techniques, windstorm-related data collection and 

analysis, public outreach, information dissemination, and implementation of mitigation measures consistent with the Agency’s all-hazards approach. 

ø(d) PROGRAM COMPONENTS.— ø(1) IN GENERAL.—The Program shall consist of three primary mitigation components: improved understanding of windstorms, windstorm impact assessment, and windstorm impact 

reduction. The components shall be implemented through activities such as data collection and analysis, risk assessment, 

outreach, technology transfer, and research and development. 

To the extent practicable, research activities authorized under 

this title shall be peer-reviewed, and the components shall be 

designed to be complementary to, and avoid duplication of, 

other public and private hazard reduction efforts. 

ø(2) UNDERSTANDING OF WINDSTORMS.—Activities to enhance 

the understanding of windstorms shall include research to improve knowledge of and data collection on the impact of severe 

wind on buildings, structures, and infrastructure. 

ø(3) WINDSTORM IMPACT ASSESSMENT.—Activities to improve 

windstorm impact assessment shall include— 

ø(A) development of mechanisms for collecting and 

inventorying information on the performance of buildings, 

structures, and infrastructure in windstorms and improved 

collection of pertinent information from sources, including 

the design and construction industry, insurance companies, and building officials; 

ø(B) research, development, and technology transfer to 

improve loss estimation and risk assessment systems; and 

ø(C) research, development, and technology transfer to 

improve simulation and computational modeling of windstorm impacts. 

ø(4) WINDSTORM IMPACT REDUCTION.—Activities to reduce 

windstorm impacts shall include— 

ø(A) development of improved outreach and implementation mechanisms to translate existing information and research findings into cost-effective and affordable practices 

for design and construction professionals, and State and 

local officials; 

ø(B) development of cost-effective and affordable windstorm-resistant systems, structures, and materials for use 

in new construction and retrofit of existing construction; 

and 

ø(C) outreach and information dissemination related to 

cost-effective and affordable construction techniques, loss 

estimation and risk assessment methodologies, and other 

pertinent information regarding windstorm phenomena to 

Federal, State, and local officials, the construction industry, and the general public. 

ø(e) IMPLEMENTATION PLAN.—Not later than 1 year after date of 

enactment of this title, the Interagency Working Group shall develop and transmit to the Congress an implementation plan for 

achieving the objectives of the Program. The plan shall include— 


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ø(1) an assessment of past and current public and private efforts to reduce windstorm impacts, including a comprehensive 

review and analysis of windstorm mitigation activities supported by the Federal Government; 

ø(2) a description of plans for technology transfer and coordination with natural hazard mitigation activities supported by 

the Federal Government; 

ø(3) a statement of strategic goals and priorities for each 

Program component area; 

ø(4) a description of how the Program will achieve such 

goals, including detailed responsibilities for each agency; and 

ø(5) a description of plans for cooperation and coordination 

with interested public and private sector entities in each program component area. 

ø(f) BIENNIAL REPORT.—The Interagency Working Group shall, 

on a biennial basis, and not later than 180 days after the end of 

the preceding 2 fiscal years, transmit a report to the Congress describing the status of the windstorm impact reduction program, including progress achieved during the preceding two fiscal years. 

Each such report shall include any recommendations for legislative 

and other action the Interagency Working Group considers necessary and appropriate. In developing the biennial report, the 

Interagency Working Group shall consider the recommendations of 

the Advisory Committee established under section 205.¿ 

SEC. 204. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM. 

(a) ESTABLISHMENT.—There is established the National Windstorm Impact Reduction Program. 

(b) PROGRAM ACTIVITIES.—The activities of the Program shall be 

designed to— 

(1) research and develop cost-effective, feasible methods, 

tools, and technologies to reduce the risks posed by windstorms to the built environment, especially to lessen the risk 

to existing structures and lifelines; 

(2) improve the understanding of windstorms and their 

impacts on households, businesses, communities, buildings, 

structures, and lifelines, through interdisciplinary and 

multidisciplinary research that involves engineering, natural sciences, and social sciences; and 

(3) facilitate the adoption of windstorm risk reduction 

measures by households, businesses, communities, local, 

State and Federal governments, national standards and 

model building code organizations, architects and engineers, building owners, and others with a role in planning 

for disasters and planning, constructing, retrofitting, and 

insuring buildings, structures, and lifelines through— 

(A) grants, contracts, cooperative agreements, and 

technical assistance; 

(B) development of hazard maps, standards, guidelines, voluntary consensus standards, and other design 

guidance for windstorm risk reduction for buildings, 

structures, and lifelines; 

(C) outreach and information dissemination to communities on site specific windstorm hazards and ways 

to reduce the risks from those hazards; and 


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(D) development and maintenance of a repository of 

information, including technical data, on windstorm 

hazards and risk reduction; 

(c) RESPONSIBILITIES OF PROGRAM AGENCIES.— (1) LEAD AGENCY.—The National Institute of Standards and 

Technology (in this section referred to as the ‘‘Institute’’) shall 

be responsible for planning and coordinating the Program. In 

carrying out this paragraph, the Director of the Institute 

shall— 

(A) ensure that the Program includes the necessary components to promote the implementation of windstorm risk 

reduction measures by households, businesses, communities, local, State, and Federal governments, national 

standards and model building code organizations, architects and engineers, building owners, and others with a role 

in planning and preparing for disasters, and planning constructing, and retrofitting, and insuring buildings, structures, and lifelines; 

(B) support the development of performance-based engineering tools, and work with the appropriate groups to promote the commercial application of such tools, through 

wind-related building codes, standards, and construction 

practices; 

(C) ensure the use of social science research and findings 

in informing the development of technology and research 

priorities, in communicating windstorm risks to the public, 

in developing windstorm risk mitigation strategies, and in 

preparing for windstorm disasters; 

(D) coordinate all Federal post-windstorm investigations; 

and 

(E) when warranted by research or investigative findings, 

issue recommendations for changes in model codes to the 

relevant code development organizations, and report back 

to Congress on whether such recommendations were adopted. 

(2) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.— In addition to the lead agency responsibilities described under 

paragraph (1), the Institute shall be responsible for carrying out 

research and development to improve model codes, standards, 

design guidance and practices for the construction and retrofit 

of buildings, structures, and lifelines. In carrying out this paragraph, the Director of the Institute shall— 

(A) support the development of instrumentation, data 

processing, and archival capabilities, and standards for the 

instrumentation and its deployment, to measure wind, 

wind loading, and other properties of severe wind and 

structure response; 

(B) coordinate with other appropriate Federal agencies to 

make the data described in subparagraph (A) available to 

researchers, standards and code developers, and local planners; 

(C) support the development of tools and methods for the 

collection of data on the loss of and damage to structures, 

and data on surviving structures after severe windstorm 

events; 


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(D) improve the knowledge of the impact of severe wind 

on buildings, structures, lifelines, and communities; 

(E) develop cost-effective windstorm impact reduction 

tools, methods, and technologies; 

(F) work, in conjunction with other appropriate Federal 

agencies, to support the development of wind standards 

and model codes; and 

(G) in conjunction with other appropriate Federal agencies, work closely with standards and model code development organizations, professional societies, and practicing 

engineers, architects, and others involved in the construction of buildings, structures, and lifelines, to promote better 

building practices, including by— 

(i) supporting the development of technical resources 

for practitioners to implement new knowledge; and 

(ii) supporting the development of methods and tools 

to incorporate wind engineering principles into design 

and construction practices. 

(3) FEDERAL EMERGENCY MANAGEMENT AGENCY.—The Federal Emergency Management Agency, consistent with the Agency’s all hazards approach, shall support the development of risk 

assessment tools and effective mitigation techniques, assist with 

windstorm-related data collection and analysis, and support 

outreach, information dissemination, and implementation of 

windstorm preparedness and mitigation measures by households, businesses, and communities, including by— 

(A) working to develop or improve risk-assessment tools, 

methods, and models; 

(B) working closely with other appropriate Federal agencies to develop and facilitate the adoption of windstorm impact reduction measures, including by— 

(i) developing cost-effective retrofit measures for existing buildings, structures, and lifelines to improve 

windstorm performance; 

(ii) developing methods, tools, and technologies to 

improve the planning, design, and construction of new 

buildings, structures, and lifelines; 

(iii) supporting the development of model wind codes 

and standards for buildings, structures, and lifelines; 

and 

(iv) developing technical resources for practitioners 

that reflect new knowledge and standards of practice; 

and 

(C) developing and disseminating guidelines for the construction of windstorm shelters. 

Nothing in this Act shall be construed to diminish the role and 

responsibility of the Federal Emergency Management Agency 

with regard to all hazards preparedness, response, recovery, 

and mitigation. 

(4) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- TION.—The National Oceanic and Atmospheric Administration 

shall support atmospheric sciences research and data collection 

to improve the understanding of the behavior of windstorms 

and their impact on buildings, structures, and lifelines, including by— 


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(A) working with other appropriate Federal agencies to 

develop and deploy instrumentation to measure speed and 

other characteristics of wind, and to collect, analyze, and 

make available such data; 

(B) working with officials of State and local governments 

to ensure that they are knowledgeable about, and prepared 

for, the specific windstorm risks in their area; 

(C) supporting the development of suitable wind speed 

maps and other derivative products that support building 

codes and other hazard mitigation approaches for buildings, structures, and lifelines, and, to the extent possible, 

ensure that such maps and other derivative products are 

developed consistent with the multihazard advisory maps 

authorized by section 203(k) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5133(k)); 

(D) conducting a competitive, peer-reviewed process 

which awards grants and cooperative agreements to complement the National Oceanic and Atmospheric Administration’s wind-related and storm surge-related research and 

data collection activities; 

(E) working with other appropriate Federal agencies and 

State and local governments to develop or improve risk-assessment tools, methods, and models; and 

(F) working with other appropriate Federal agencies to 

develop storm surge models to better understand the interaction between windstorms and bodies of water. 

(5) NATIONAL SCIENCE FOUNDATION.—The National Science 

Foundation shall be responsible for funding basic research that 

furthers the understanding of windstorms, wind engineering, 

and community preparation and response to windstorms. In 

carrying out this paragraph, the Director of the National 

Science Foundation shall— 

(A) support multidisciplinary and interdisciplinary research that will improve the resiliency of communities to 

windstorms, including— 

(i) research that improves the safety and performance 

of buildings, structures, and lifelines; 

(ii) research to support more effective windstorm 

mitigation and response measures, such as developing 

better knowledge of the specific types of vulnerabilities 

faced by segments of the community vulnerable to 

windstorms, addressing the barriers they face in adopting mitigation and preparation measures, and developing methods to better communicate the risks of windstorms and to promote mitigation; and 

(iii) research on the response of communities to windstorms, including on the effectiveness of the emergency 

response, and the recovery process of communities, 

households, and businesses; 

(B) support research to understand windstorm processes, 

windstorm patterns, and windstorm frequencies; 

(C) encourage prompt dissemination of significant findings, sharing of data, samples, physical collections, and 

other supporting materials, and development of intellectual 


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property so research results can be used by appropriate organizations to mitigate windstorm damage; 

(D) work with other Program agencies to maintain 

awareness of, and where appropriate cooperate with, windstorm risk reduction research efforts in other countries, to 

ensure that the Program benefits from relevant information 

and advances in those countries; and 

(E) include to the maximum extent practicable diverse institutions, including Historically Black Colleges and Universities, Hispanic-serving institutions, Tribal Colleges and 

Universities, Alaska Native-serving institutions, and Native 

Hawaiian-serving institutions. 

SEC. 205. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT 

REDUCTION. 

[42 U.S.C. 15704] 

ø(a) ESTABLISHMENT.—The Director shall establish a National 

Advisory Committee on Windstorm Impact Reduction, consisting of 

not less than 11 and not more than 15 non-Federal members representing a broad cross section of interests such as the research, 

technology transfer, design and construction, and financial communities; materials and systems suppliers; State, county, and local 

governments; the insurance industry; and other representatives as 

designated by the Director. 

ø(b) ASSESSMENT.—The Advisory Committee shall assess— 

ø(1) trends and developments in the science and engineering 

of windstorm impact reduction; 

ø(2) the effectiveness of the Program in carrying out the activities under section 204(d); 

ø(3) the need to revise the Program; and 

ø(4) the management, coordination, implementation, and activities of the Program. 

ø(c) BIENNIAL REPORT.—At least once every two years, the Advisory Committee shall report to Congress and the Interagency 

Working Group on the assessment carried out under subsection 

(b).¿ 

(a) ESTABLISHMENT.—The Director shall establish a commission 

to be known as the ‘‘National Advisory Committee on Windstorm 

Impact Reduction’’ (hereafter in this section referred to as the ‘‘Advisory Committee’’). 

(b) MEMBERSHIP.— 

(1) COMPOSITION.—The Advisory Committee shall be composed of not fewer than 7 members selected by the Director— 

(A) from research and academic institutions, industry 

standards development organizations, emergency management agencies, State and local government, and business 

communities; 

(B) who represent all related scientific, architectural, and 

engineering disciplines; and 

(C) who are qualified to provide advice on windstorm impact reduction. 

(2) PROHIBITION.—A member of the Advisory Committee may 

not be an employee of the Federal Government. 

(c) DUTIES.—The Advisory Committee shall develop recommendations for Federal agencies on implementation of the Program. 


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(d) SUNSET EXEMPTION.—Section 14 of the Federal Advisory 

Committee Act shall not apply to the Advisory Committee established under this section. 

øSEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

[42 U.S.C. 15706] 

ø(a) Federal Emergency Management Agency. There are authorized to be appropriated to the Federal Emergency Management 

Agency for carrying out this title— 

ø(1) $8,700,000 for fiscal year 2006; 

ø(2) $9,400,000 for fiscal year 2007; and 

ø(3) $9,400,000 for fiscal year 2008. 

ø(b) National Science Foundation. There are authorized to be appropriated to the National Science Foundation for carrying out this 

title— 

ø(1) $8,700,000 for fiscal year 2006; 

ø(2) $9,400,000 for fiscal year 2007; and 

ø(3) $9,400,000 for fiscal year 2008. 

ø(c) National Institute of Standards and Technology. There are 

authorized to be appropriated to the National Institute of Standards and Technology for carrying out this title— 

ø(1) $3,000,000 for fiscal year 2006; 

ø(2) $4,000,000 for fiscal year 2007; and 

ø(3) $4,000,000 for fiscal year 2008. 

ø(d) National Oceanic and Atmospheric Administration. There 

are authorized to be appropriated to the National Oceanic and Atmospheric Administration for carrying out this title— 

ø(1) $2,100,000 for fiscal year 2006; 

ø(2) $2,200,000 for fiscal year 2007; and 

ø(3) $2,200,000 for fiscal year 2008.¿ 

SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

(a) FEDERAL EMERGENCY MANAGEMENT AGENCY.—There are authorized to be appropriated to the Federal Emergency Management 

Agency for carrying out this title— 

(1) $9,682,000 for fiscal year 2011; 

(2) $9,972,500 for fiscal year 2012; 

(3) $10,271,600 for fiscal year 2013; 

(4) $10,579,800 for fiscal year 2014; and 

(5) $10,897,200 for fiscal year 2015. 

(b) NATIONAL SCIENCE FOUNDATION.—There are authorized to be 

appropriated to the National Science Foundation for carrying out 

this title— 

(1) $9,682,000 for fiscal year 2011; 

(2) $9,972,500 for fiscal year 2012; 

(3) $10,271,600 for fiscal year 2013; 

(4) $10,579,800 for fiscal year 2014; and 

(5) $10,897,200 for fiscal year 2015. 

(c) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.— 

There are authorized to be appropriated to the National Institute of 

Standards and Technology for carrying out this title— 

(1) $4,120,000 for fiscal year 2011; 

(2) $4,243,600 for fiscal year 2012; 

(3) $4,370,900 for fiscal year 2013; 

(4) $4,502,000 for fiscal year 2014; and 

(5) $4,637,100 for fiscal year 2015. 


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(d) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.— 

There are authorized to be appropriated to the National Oceanic 

and Atmospheric Administration for carrying out this title— 

(1) $2,266,000 for fiscal year 2011; 

(2) $2,334,000 for fiscal year 2012; 

(3) $2,404,000 for fiscal year 2013; 

(4) $2,476,100 for fiscal year 2014; and 

(5) $2,550,400 for fiscal year 2015. 

NATIONAL CONSTRUCTION SAFETY TEAM ACT 

SEC. 2. NATIONAL CONSTRUCTION SAFETY TEAMS. 

[15 U.S.C. 7301] 

(a) ESTABLISHMENT.—The Director of the National Institute of 

Standards and Technology (in this Act referred to as the ‘‘Director’’) 

is authorized to establish National Construction Safety Teams (in 

this Act referred to as a ‘‘Team’’) for deployment after events causing the failure of øa building or buildings¿ a building, buildings, 

or infrastructure that has resulted in substantial loss of life or that 

posed significant potential for substantial loss of life. øTo the maximum extent practicable, the Director shall establish and deploy a 

Team within 48 hours after such an event.¿ The Director shall 

make a decision whether to deploy a Team within 72 hours after 

such an event. The Director shall promptly publish in the Federal 

Register notice of the establishment of each Team. 

(b) PURPOSE OF INVESTIGATION; DUTIES.— 

(1) PURPOSE.—The purpose of investigations by Teams is to 

improve the safety and structural integrity of øbuildings¿ 

buildings or infrastructure in the United States. 

(2) DUTIES.—A Team shall— 

(A) establish the likely technical cause or causes of the 

øbuilding¿ building or infrastructure failure; 

(B) evaluate the technical aspects of evacuation and 

emergency response procedures; 

(C) recommend, as necessary, specific improvements to 

building standards, codes, and practices based on the findings made pursuant to subparagraphs (A) and (B); and 

(D) recommend any research and other appropriate actions needed to improve the structural safety of øbuildings¿ buildings or infrastructure, and improve evacuation 

and emergency response procedures, based on the findings 

of the investigation. 

(c) PROCEDURES.— (1) DEVELOPMENT.—Not later than 3 months after the date 

of the enactment of this Act, the Director, in consultation with 

øthe United States Fire Administration and¿ other appropriate 

Federal agencies, shall develop procedures for the establishment and deployment of Teams. The Director shall update 

such procedures as appropriate. Such procedures shall include 

provisions— 

(A) regarding conflicts of interest related to service on 

the Team; 

(B) defining the circumstances under which the Director 

will establish and deploy a Team; 

(C) prescribing the appropriate size of Teams; 


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(D) guiding the disclosure of information under section 

7; 

(E) guiding the conduct of investigations under this Act, 

including procedures for providing written notice of inspection authority under section 4(a) and for ensuring compliance with any other applicable law; 

(F) identifying and prescribing appropriate conditions for 

the provision by the Director of additional resources and 

services Teams may need; 

(G) to ensure that investigations under this Act do not 

impede and are coordinated with any search and rescue efforts being undertaken at the site of the øbuilding¿ building or infrastructure failure; 

(H) for regular briefings of the public on the status of 

the investigative proceedings and findings; 

(I) guiding the Teams in moving and preserving evidence 

as described in section 4(a)(4), (b)(2), and (d)(4); 

(J) providing for coordination with Federal, State, and 

local entities that may sponsor research or investigations 

of øbuilding¿ building or infrastructure failures, including 

research conducted under the Earthquake Hazards Reduction Act of 1977 and the National Windstorm Impact Reduction Act of 2004; and 

(K) regarding such other issues as the Director considers 

appropriate. 

(2) PUBLICATION.—The Director shall publish promptly in the 

Federal Register final procedures, and subsequent updates 

thereof, developed under paragraph (1). 

* * * * * * * 

SEC. 4. AUTHORITIES. 

[15 U.S.C. 7303] 

(a) ENTRY AND INSPECTION.—In øinvestigating a building¿ investigating building and infrastructure failure under this Act, members of a Team, and any other person authorized by the Director 

to support a Team, on display of appropriate credentials provided 

by the Director and written notice of inspection authority, may— 

(1) enter property where øa building¿ a building or infrastructure failure being investigated has occurred, or where 

øbuilding¿ building or infrastructure components, materials, 

and artifacts with respect to the øbuilding¿ building or infrastructure failure are located, and take action necessary, appropriate, and reasonable in light of the nature of the property to 

be inspected to carry out the duties of the Team under section 

2(b)(2) (A) and (B); 

(2) during reasonable hours, inspect any record (including 

any design, construction, or maintenance record), process, or 

facility related to the investigation; 

(3) inspect and test any øbuilding¿ building or infrastructure 

components, materials, and artifacts related to the øbuilding¿ 

building or infrastructure failure; and 

(4) move such records, components, materials, and artifacts 

as provided by the procedures developed under section 2(c)(1). 


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(b) AVOIDING UNNECESSARY INTERFERENCE AND PRESERVING EVI- DENCE.—An inspection, test, or other action taken by a Team under 

this section shall be conducted in a way that— 

(1) does not interfere unnecessarily with services provided by 

the owner or operator of the øbuilding¿ building or infrastructure components, materials, or artifacts, property, records, 

process, or facility; and 

(2) to the maximum extent feasible, preserves evidence related to the øbuilding¿ building or infrastructure failure, consistent with the ongoing needs of the investigation. 

(c) COORDINATION.— (1) WITH SEARCH AND RESCUE EFFORTS.—A Team shall not 

impede, and shall coordinate its investigation with, any search 

and rescue efforts being undertaken at the site of the øbuilding¿ building or infrastructure failure. 

(2) WITH OTHER RESEARCH.—A Team shall coordinate its investigation, to the extent practicable, with qualified researchers who are conducting engineering or scientific (including social science) research relating to the øbuilding¿ building or infrastructure failure. 

(3) MEMORANDA OF UNDERSTANDING.—The National Institute 

of Standards and Technology shall enter into a memorandum 

of understanding with each Federal agency that may conduct 

or sponsor a related investigation, providing for coordination of 

investigations. 

(4) WITH STATE AND LOCAL AUTHORITIES.—A Team shall cooperate with State and local authorities carrying out any activities related to a Team’s investigation. 

(d) INTERAGENCY PRIORITIES.— ø(1) IN GENERAL.—Except as provided in paragraph (2) or 

(3), a Team investigation shall have priority over any other investigation of any other Federal agency.¿ 

(1) IN GENERAL.—Except as otherwise provided in this subsection, a Team investigation shall have priority over any other 

investigation which is related to the purpose and duties set 

forth in section 2(b) and undertaken by any other Federal agency. 

(2) NATIONAL TRANSPORTATION SAFETY BOARD.—If the National Transportation Safety Board is conducting an investigation related to an investigation of a Team, the National Transportation Safety Board investigation shall have priority over 

the Team investigation. Such priority shall not otherwise affect 

the authority of the Team to continue its investigation under 

this Act. 

(3) CRIMINAL ACTS.—If the Attorney General, in consultation 

with the Director, determines, and notifies the Director, that 

circumstances reasonably indicate that the øbuilding¿ building 

or infrastructure failure being investigated by a Team may 

have been caused by a criminal act, the Team shall relinquish 

investigative priority to the appropriate law enforcement agency. The relinquishment of investigative priority by the Team 

shall not otherwise affect the authority of the Team to continue 

its investigation under this Act. 

(4) PRESERVATION OF EVIDENCE.—If a Federal law enforcement agency suspects and notifies the Director that a øbuildVerDate Mar 15 2010 08:05 Feb 28, 2012 Jkt 019010 PO 00000 Frm 00046 Fmt 6659 Sfmt 6601 E:\HR\OC\SR150.XXX SR150

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ing¿ building or infrastructure failure being investigated by a 

Team under this Act may have been caused by a criminal act, 

the Team, in consultation with the Federal law enforcement 

agency, shall take necessary actions to ensure that evidence of 

the criminal act is preserved. 

(5) INFRASTRUCTURE INVESTIGATIONS.—With respect to an investigation relating to an infrastructure failure, a Federal agency with primary jurisdiction over the failed infrastructure 

which is conducting an investigation and asserts priority over 

the Team investigation shall have such priority. Such priority 

shall not otherwise affect the authority of the Team to continue 

its investigation under this Act. 

* * * * * * * 

SEC. 7. DISCLOSURE OF INFORMATION. 

[15 U.S.C. 7306] 

(a) GENERAL RULE.—Except as otherwise provided in this section, a copy of a record, information, or investigation submitted or 

received by a Team shall be made available to the public øon request and at reasonable cost¿. 

(b) EXCEPTIONS.—Subsection (a) does not require the release of— 

(1) information described by section 552(b) of title 5, United 

States Code, or protected from disclosure by any other law of 

the United States; or 

(2) information described in subsection (a) by the National 

Institute of Standards and Technology or by a Team until the 

report required by section 8 is issued. 

(c) PROTECTION OF VOLUNTARY SUBMISSION OF INFORMATION.— 

Notwithstanding any other provision of law, a Team, the National 

Institute of Standards and Technology, and any agency receiving 

information from a Team or the National Institute of Standards 

and Technology, shall not disclose voluntarily provided safety-related information if that information is not directly related to the 

øbuilding¿ building or infrastructure failure being investigated and 

the Director finds that the disclosure of the information would inhibit the voluntary provision of that type of information. 

(d) PUBLIC SAFETY INFORMATION.—A Team and the National Institute of Standards and Technology shall not publicly release any 

information it receives in the course of an investigation under this 

Act if the Director finds that the disclosure of that information 

might jeopardize public safety. 

SEC. 8. NATIONAL CONSTRUCTION SAFETY TEAM REPORT. 

[15 U.S.C. 7307] 

Not later than 90 days after completing an investigation, a Team 

shall issue a public report which includes— 

(1) an analysis of the likely technical cause or causes of the 

øbuilding¿ building or infrastructure failure investigated; 

(2) any technical recommendations for changes to or the establishment of evacuation and emergency response procedures; 

(3) any recommended specific improvements to building 

standards, codes, and practices; and 

(4) recommendations for research and other appropriate actions needed to help prevent future øbuilding¿ building or infrastructure failures. 


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SEC. 9. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACTIONS. 

[15 U.S.C. 7308] 

After the issuance of a public report under section 8, the National Institute of Standards and Technology shall comprehensively 

review the report and, working with øthe United States Fire Administration and¿ other appropriate Federal and non-Federal agencies and organizations— 

(1) conduct, or enable or encourage the conducting of, appropriate research recommended by the Team; and 

(2) promote (consistent with existing procedures for the establishment of building standards, codes, and practices) the appropriate adoption by the Federal Government, and encourage 

the appropriate adoption by other agencies and organizations, 

of the recommendations of the Team with respect to— 

(A) technical aspects of evacuation and emergency response procedures; 

(B) specific improvements to building standards, codes, 

and practices; and 

(C) other actions needed to help prevent future øbuilding¿ building or infrastructure failures. 

SEC. 10. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ANNUAL REPORT. 

[15 U.S.C. 7309] 

Not later than February 15 of each year, the Director shall transmit to the Committee on Science of the House of Representatives 

and to the Committee on Commerce, Science, and Transportation 

of the Senate a report that includes— 

(1) a summary of the investigations conducted by Teams during the prior fiscal year; 

(2) a summary of recommendations made by the Teams in 

reports issued under section 8 during the prior fiscal year and 

a description of the extent to which those recommendations 

have been implemented; and 

(3) a description of the actions taken to improve øbuilding¿ 

building and infrastructure safety and structural integrity by 

the National Institute of Standards and Technology during the 

prior fiscal year in response to reports issued under section 8. 

SEC. 11. ADVISORY COMMITTEE. 

[15 U.S.C. 7310] 

(a) ESTABLISHMENT AND FUNCTIONS.—The Director, in consultation with øthe United States Fire Administration and¿ other appropriate Federal agencies, shall establish an advisory committee to 

advise the Director on carrying out this Act and to review the procedures developed under section 2(c)(1) and the reports issued 

under section 8. 

(b) ANNUAL REPORT.—On January 1 of each year, the advisory 

committee shall transmit to the Committee on Science of the House 

of Representatives and to the Committee on Commerce, Science, 

and Transportation of the Senate a report that includes— 

(1) an evaluation of Team activities, along with recommendations to improve the operation and effectiveness of Teams; and 

(2) an assessment of the implementation of the recommendations of Teams and of the advisory committee. 


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(c) DURATION OF ADVISORY COMMITTEE.—Section 14 of the Federal Advisory Committee Act shall not apply to the advisory committee established under this section. 

øSEC. 12. ADDITIONAL APPLICABILITY. 

[15 U.S.C. 7311] 

øThe authorities and restrictions applicable under this Act to the 

Director and to Teams shall apply to the activities of the National 

Institute of Standards and Technology in response to the attacks 

of September 11, 2001.¿ 

* * * * * * * 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 

ACT 

SEC. 16. FIRE RESEARCH CENTER. 

[15 U.S.C. 278f] 

(a) ESTABLISHMENT; PROGRAMS OF RESEARCH; FUNCTIONS OF

SECRETARY; DISSEMINATION OF INFORMATION.—There is hereby established within the Department of Commerce a Fire Research 

Center which shall have the mission of performing and supporting 

research on all aspects of fire with the aim of providing scientific 

and technical knowledge applicable to the prevention and control of 

fires. The content and priorities of the research program shall be 

determined in consultation with the Administrator of the United 

States Fire Administration. In implementing this section, the Secretary is authorized to conduct, directly or through contracts or 

grants, a fire research program, including— 

(1) basic and applied fire research for the purpose of arriving 

at an understanding of the fundamental processes underlying 

all aspects of fire. Such research shall include scientific investigations of— 

(A) the physics and chemistry of combustion processes; 

(B) the dynamics of flame ignition, flame spread, and 

flame extinguishment; 

(C) the composition of combustion products developed by 

various sources and under various environmental conditions; 

(D) the early stages of fires in buildings and other structures, structural subsystems and structural components in 

all other types of fires, including, but not limited to, fires 

at the wildland-urban interface, forest fires, brush fires, 

fires underground, oil blowout fires, and waterborne fires, 

with the aim of improving early detection capability; 

(E) the behavior of fires involving all types of buildings 

and other structures and their contents (including mobile 

homes and highrise buildings, construction materials, floor 

and wall coverings, coatings, furnishings, and other combustible materials), and all other types of fires, including 

fires at the wildland-urban interface, forest fires, brush 

fires, fires underground, oil blowout fires, and waterborne 

fires; 

(F) the unique fire hazards arising from the transportation and use, in industrial and professional practices, of 

combustible gases, fluids, and materials; 


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(G) design concepts for providing increased fire safety 

consistent with habitability, comfort, and human impact in 

buildings and other structures; 

(H) such other aspects of the fire process as may be 

deemed useful in pursuing the objectives of the fire research program; and 

(I) methods, procedures, and equipment for arson prevention, detection, and investigation; 

(2) research into the biological, physiological, and psychological factors affecting human victims of fire, and the performance of individual members of fire services, including— 

(A) the biological and physiological effects of toxic substances encountered in fires; 

(B) the trauma, cardiac conditions, and other hazards resulting from exposure to fire; 

(C) the development of simple and reliable tests for determining the cause of death from fires; 

(D) improved methods of providing first aid to victims of 

fires; 

(E) psychological and motivational characteristics of persons who engage in arson, and the prediction and cure of 

such behavior; 

(F) the conditions of stress encountered by firefighters, 

the effects of such stress, and the alleviation and reduction 

of such conditions; and 

(G) such other biological, psychological, and physiological 

effects of fire as have significance for purposes of control 

or prevention of fires; and 

(3) operation tests, demonstration projects, and fire investigations in support of the activities set forth in this section. 

The Secretary shall insure that the results and advances arising 

from the work of the research program are disseminated broadly. 

He shall encourage the incorporation, to the extent applicable and 

practicable, of such results and advances in building codes, fire 

codes, and other relevant codes, test methods, fire service operations and training, and standards. The Secretary is authorized to 

encourage and assist in the development and adoption of uniform 

codes, test methods, and standards aimed at reducing fire losses 

and costs of fire protection. 

(b) AUTHORIZATION OF APPROPRIATIONS.—For purposes of this 

section, there are authorized to be appropriated an amount not to 

exceed $5,650,000 for the fiscal year ending September 30, 1980, 

which amount includes— 

(1) $525,000 for programs which are recommended in the report submitted to the Congress by the Administrator of the 

United States Fire Administration pursuant to section 24(b)(1) 

of the Federal Fire Prevention and Control Act of 1974 (15 

U.S.C. 2220(b)(1)[)]; and 

(2) $119,000 for adjustments required by law in salaries, 

pay, retirement, and employee benefits. 

* * * * * * * 

Æ 


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