89–006 

111TH CONGRESS REPT. 111–424 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

NATURAL HAZARDS RISK REDUCTION ACT OF 2009 

FEBRUARY 26, 2010.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. GORDON of Tennessee, from the Committee on Science and 

Technology, submitted the following 

R E P O R T 

[To accompany H.R. 3820] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Science and Technology, to whom was referred the bill (H.R. 3820) to reauthorize Federal natural hazards 

reduction programs, and for other purposes, having considered the 

same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

CONTENTS 

I. Bill ................................................................................................................ 2 

II. Purpose of the Bill ...................................................................................... 13 

III. Background and Need for the Legislation ................................................ 13 

IV. Hearing Summary ....................................................................................... 15 

V. Committee Actions ...................................................................................... 16 

VI. Summary of Major Provisions of the Bill .................................................. 17 

VII. Section-by-Section Analysis ........................................................................ 18 

VIII. Committee Views ........................................................................................ 21 

IX. Cost Estimate .............................................................................................. 22 

X. Congressional Budget Office Cost Estimate ............................................. 23 

XI. Compliance with Public Law 104–4 .......................................................... 24 

XII. Committee Oversight Findings and Recommendations ........................... 24 

XIII. Statement on General Performance Goals and Objectives ...................... 24 

XIV. Constitutional Authority Statement .......................................................... 25 

XV. Federal Advisory Committee Statement ................................................... 25 

XVI. Congressional Accountability Act .............................................................. 25 

XVII. Earmark Identification ............................................................................... 25 

XVIII. Statement on Preemption of State, Local, or Tribal Law ........................ 25 

XIX. Changes in Existing Law Made by the Bill, as Reported ........................ 25 

XX. Committee Recommendations .................................................................... 54 

XXI. Exchange of Committee Correspondence .................................................. 55 

XXII. Proceedings of the Full Committee Markup ............................................. 57 


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I. BILL

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Natural Hazards Risk Reduction Act of 2009’’. 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) The United States faces significant risks from many types of natural hazards, including earthquakes, hurricanes, tornadoes, wildfires, and floods. Increasing numbers of Americans are living in areas prone to these hazards. 

(2) Earthquakes occur without warning and can have devastating effects. According to the U.S. Geological Survey, two recent earthquakes, the Northridge 

Earthquake in 1994, and the Loma Prieta Earthquake in 1989, killed nearly 

100 people, injured 12,757, and caused $33 billion in damages. Nearly all States 

face some level of seismic risk. Twenty-six urban areas in 14 States have a significant seismic risk. 

(3) Severe weather is the most costly natural hazard, measured on a per year 

basis. According to data from the National Weather Service over the last 10 

years, tornadoes, thunderstorms, and hurricanes have caused an average of 226 

fatalities and $16 billion of property damage per year. The 2005 hurricane season was one of the most destructive in United States history, killing 1,836 people, and causing $80 billion in damage. 

(4) The United States Fire Administration reports that 38 percent of new 

home construction in 2002 was in areas adjacent to, or intermixed with, 

wildlands. Fires in the wildland-urban interface are costly. For example, the 

2007 California Witch fire alone caused $1.3 billion in insured property losses, 

according to the Insurance Services Office (ISO). In addition, Government Accountability Office reported in 2007 that the Federal spending for wildfire suppression between 2001 and 2005 was, on average, $2.9 billion per year. 

(5) Developing better knowledge about natural hazard phenomena and their 

effects is crucial to assessing the risks these hazards pose to communities. Instrumentation, monitoring, and data gathering to characterize earthquakes and 

wind events are important activities to increase this knowledge. 

(6) Current building codes and standards can mitigate the damages caused 

by natural hazards. The Institute for Business and Home Safety estimated that 

the $19 billion in damage caused by Hurricane Andrew in 1994 could have been 

reduced by half if such codes and standards were in effect. Research for the continuous improvement of building codes, standards, and design practices—and 

for developing methods to retrofit existing structures—is crucial to mitigating 

losses from natural hazards. 

(7) Since its creation in 1977, the National Earthquake Hazards Reduction 

Program (NEHRP) has supported research to develop seismic codes, standards, 

and building practices that have been widely adopted. The NEHRP Recommended Provisions for Seismic Regulations for New Buildings and Other 

Structures and the Guidance for Seismic Performance Assessment of Buildings 

are two examples. 

(8) Research to understand the institutional, social, behavioral, and economic 

factors that influence how households, businesses, and communities perceive 

risk and prepare for natural hazards, and how well they recover after a disaster, can increase the implementation of risk mitigation measures. 

(9) A major goal of the Federal natural hazards-related research and development effort should be to reduce the loss of life and damage to communities and 

infrastructure through increasing the adoption of hazard mitigation measures. 

(10) Research, development, and technology transfer to secure infrastructure 

is vitally important. Infrastructure that supports electricity, transportation, 

drinking water, and other services is vital immediately after a disaster, and 

their quick return to function speeds the economic recovery of a disaster-impacted community. 

TITLE I—EARTHQUAKES 

SEC. 101. SHORT TITLE. 

This title may be cited as the ‘‘National Earthquake Hazards Reduction Program 

Reauthorization Act of 2009’’. 


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SEC. 102. FINDINGS. 

Section 2 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701) is 

repealed. 

SEC. 103. DEFINITIONS. 

Section 4 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7703) is 

amended by striking paragraphs (8) and (9). 

SEC. 104. NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM. 

Section 5 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704) is 

amended— 

(1) in subsection (a)— 

(A) by amending paragraph (2) to read as follows: 

‘‘(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; 

‘‘(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.’’; and 

(B) by striking paragraphs (3) through (5); 

(2) by amending subsection (b) to read as follows: 

‘‘(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— 


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‘‘(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— 

‘‘(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’) 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 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. 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. 


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‘‘(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; 

‘‘(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; 

‘‘(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 of the large-scale experimental and computational facilities 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 deVerDate Nov 24 2008 21:44 Feb 27, 2010 Jkt 089006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6621 E:\HR\OC\HR424P1.XXX HR424P1

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velopment 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.’’; and 

(3) in subsection (c)(1) by inserting ‘‘on Natural Hazards Risk Reduction established under section 301 of the Natural Hazards Risk Reduction Act of 2009’’ 

after ‘‘Interagency Coordinating Committee’’. 

SEC. 105. POST-EARTHQUAKE INVESTIGATIONS PROGRAM. 

Section 11 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7705e) 

is amended by striking ‘‘There is established’’ and all that follows through ‘‘conduct 

of such earthquake investigations.’’ and inserting ‘‘The Program shall include a postearthquake 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.’’. 

SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—Section 12 of the Earthquake Hazards Reduction Act of 1977 

(42 U.S.C. 7706) is amended— 

(1) by adding at the end of subsection (a) the following: 

‘‘(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 2010; 

‘‘(B) $10,545,000 for fiscal year 2011; 

‘‘(C) $10,861,000 for fiscal year 2012; 

‘‘(D) $11,187,000 for fiscal year 2013; and 

‘‘(E) $11,523,000 for fiscal year 2014.’’; 

(2) by adding at the end of subsection (b) the following: 

‘‘(3) There are authorized to be appropriated to the United States Geological Survey for carrying out this Act, including the Advanced National Seismic Research and 

Monitoring System— 

‘‘(A) $70,000,000 for fiscal year 2010; 

‘‘(B) $72,100,000 for fiscal year 2011; 

‘‘(C) $74,263,000 for fiscal year 2012; 

‘‘(D) $76,491,000 for fiscal year 2013; and 

‘‘(E) $78,786,000 for fiscal year 2014.’’; 

(3) by adding at the end of subsection (c) the following: 

‘‘(3) There are authorized to be appropriated to the National Science Foundation 

for carrying out this Act— 

‘‘(A) $64,125,000 for fiscal year 2010; 

‘‘(B) $66,049,000 for fiscal year 2011; 

‘‘(C) $68,030,000 for fiscal year 2012; 

‘‘(D) $70,071,000 for fiscal year 2013; and 

‘‘(E) $72,173,000 for fiscal year 2014.’’; and 

(4) by adding at the end of subsection (d) the following: 

‘‘(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 2010; 

‘‘(B) $7,700,000 for fiscal year 2011; 

‘‘(C) $7,931,000 for fiscal year 2012; 

‘‘(D) $8,169,000 for fiscal year 2013; and 

‘‘(E) $8,414,000 for fiscal year 2014.’’. 

(b) CONFORMING AMENDMENT.—Section 14 of the National Earthquake Hazards 

Reduction Act of 1977 (42 U.S.C. 7708) is amended— 

(1) by striking ‘‘(a) ESTABLISHMENT.—’’; and 

(2) by striking subsection (b). 


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TITLE II—WIND 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘National Windstorm Impact Reduction Act Reauthorization of 2009’’. 

SEC. 202. PURPOSE. 

Section 202 of the National Windstorm Impact Reduction Act of 2004 (42 U.S.C. 

15701) is amended to read as follows: 

‘‘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.’’. 

SEC. 203. DEFINITIONS. 

Section 203(1) of the National Windstorm Impact Reduction Act of 2004 (42 

U.S.C. 15702(1)) is amended by striking ‘‘Director of the Office of Science and Technology Policy’’ and inserting ‘‘Director of the National Institute of Standards and 

Technology’’. 

SEC. 204. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM. 

Section 204 of the National Windstorm Impact Reduction Act of 2004 (42 U.S.C. 

15703) is amended to read as follows: 

‘‘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; 


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‘‘(C) outreach and information dissemination to communities on site specific windstorm hazards and ways to reduce the risks from those hazards; 

and 

‘‘(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; 

‘‘(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 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; 


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‘‘(B) work 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) develop and disseminate guidelines for the construction of windstorm 

shelters. 

‘‘(4) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.—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— 

‘‘(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; 

‘‘(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 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 

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tutions, Tribal Colleges and Universities, Alaska Native-serving institutions, and Native Hawaiian-serving institutions.’’. 

SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

Section 207 of the National Windstorm Impact Reduction Program of 2004 (42 

U.S.C. 15706) is amended to read as follows: 

‘‘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 2010; 

‘‘(2) $9,972,500 for fiscal year 2011; 

‘‘(3) $10,271,600 for fiscal year 2012; 

‘‘(4) $10,579,800 for fiscal year 2013; and 

‘‘(5) $10,897,200 for fiscal year 2014. 

‘‘(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 2010; 

‘‘(2) $9,972,500 for fiscal year 2011; 

‘‘(3) $10,271,600 for fiscal year 2012; 

‘‘(4) $10,579,800 for fiscal year 2013; and 

‘‘(5) $10,897,200 for fiscal year 2014. 

‘‘(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 2010; 

‘‘(2) $4,243,600 for fiscal year 2011; 

‘‘(3) $4,370,900 for fiscal year 2012; 

‘‘(4) $4,502,000 for fiscal year 2013; and 

‘‘(5) $4,637,100 for fiscal year 2014. 

‘‘(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 2010; 

‘‘(2) $2,334,000 for fiscal year 2011; 

‘‘(3) $2,404,000 for fiscal year 2012; 

‘‘(4) $2,476,100 for fiscal year 2013; and 

‘‘(5) $2,550,400 for fiscal year 2014.’’. 

TITLE III—INTERAGENCY COORDINATING 

COMMITTEE ON NATURAL HAZARDS RISK 

REDUCTION 

SEC. 301. INTERAGENCY COORDINATING COMMITTEE ON NATURAL HAZARDS RISK REDUCTION. 

(a) IN GENERAL.—There is established an Interagency Coordinating Committee on 

Natural Hazards Risk Reduction, chaired by the Director of the National Institute 

of Standards and Technology. 

(1) MEMBERSHIP.—In addition to the chair, the Committee shall be composed 

of— 

(A) the directors of— 

(i) the Federal Emergency Management Agency; 

(ii) the United State Geological Survey; 

(iii) the National Oceanic and Atmospheric Administration; 

(iv) the National Science Foundation; 

(v) the Office of Science and Technology Policy; and 

(vi) the Office of Management and Budget; and 

(B) the head of any other Federal agency the Committee considers appropriate. 

(2) MEETINGS.—The Committee shall not meet less than 2 times a year at the 

call of the Director of the National Institute of Standards and Technology. 

(3) GENERAL PURPOSE AND DUTIES.—The Committee shall oversee the planning and coordination of the National Earthquake Hazards Reduction Program 

and the National Windstorm Impact Reduction Program, and shall make proposals for planning and coordination of any other Federal research for natural 

hazard mitigation that the Committee considers appropriate. 


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(4) STRATEGIC PLANS.—The Committee shall develop and submit to Congress, 

not later than one year after the date of enactment of this Act— 

(A) a Strategic Plan for the National Earthquake Hazards Reduction Program that includes— 

(i) prioritized goals for such Program that will mitigate against the 

loss of life and property from future earthquakes; 

(ii) short-term, mid-term, and long-term research objectives to 

achieve those goals; 

(iii) a description of the role of each Program agency in achieving the 

prioritized goals; 

(iv) the methods by which progress towards the goals will be assessed; 

(v) an explanation of how the Program will foster the transfer of research results onto outcomes, such as improved building codes; 

(vi) a description of the role of social science in informing the development of the prioritized goals and research objectives; and 

(vii) a description of how the George E. Brown, Jr. Network for 

Earthquake Engineering Simulation and the Advanced National Seismic Research and Monitoring System will be used in achieving the 

prioritized goals and research objectives; and 

(B) a Strategic Plan for the National Windstorm Impact Reduction Program that includes— 

(i) prioritized goals for such Program that will mitigate against the 

loss of life and property from future windstorms; 

(ii) short-term, mid-term, and long-term research objectives to 

achieve those goals; 

(iii) a description of the role of each Program agency in achieving the 

prioritized goals; 

(iv) the methods by which progress towards the goals will be assessed; 

(v) an explanation of how the Program will foster the transfer of research results onto outcomes, such as improved building codes; and 

(vi) a description of the role of social science in informing the development of the prioritized goals and research objectives. 

(5) PROGRESS REPORTS.—Not later than one year after the date of enactment 

of this Act, and at least once every two years thereafter, the Committee shall 

submit to the Congress— 

(A) a report on the progress of the National Earthquake Hazards Reduction Program that includes— 

(i) a description of the activities funded for the previous two years of 

the Program, a description of how these activities align with the 

prioritized goals and research objectives established in the Strategic 

Plan, and the budgets, per agency, for these activities; 

(ii) the outcomes achieved by the Program for each of the goals identified in the Strategic Plan; 

(iii) a description of any recommendations made to change existing 

building codes that were the result of Program activities; and 

(iv) a description of the extent to which the Program has incorporated 

recommendations from the Advisory Committee on Earthquake Hazards Reduction; and 

(B) a report on the progress of the National Windstorm Impact Reduction 

Program that includes— 

(i) a description of the activities funded for the previous two years of 

the Program, a description of how these activities align with the 

prioritized goals and research objectives established in the Strategic 

Plan, and the budgets, per agency, for these activities; 

(ii) the outcomes achieved by the Program for each of the goals identified in the Strategic Plan; 

(iii) a description of any recommendations made to change existing 

building codes that were the result of Program activities; and 

(iv) a description of the extent to which the Program has incorporated 

recommendations from the Advisory Committee on Windstorm Impact 

Reduction. 

(6) COORDINATED BUDGET.—The Committee shall develop a coordinated budget for the National Earthquake Hazards Reduction Program and a coordinated 

budget for the National Windstorm Impact Reduction Program. These budgets 

shall be submitted to the Congress at the time of the President’s budget submission for each fiscal year. 

(b) ADVISORY COMMITTEES ON NATURAL HAZARDS REDUCTION.— 


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(1) IN GENERAL.—The Director of the National Institute of Standards and 

Technology shall establish an Advisory Committee on Earthquake Hazards Reduction, an Advisory Committee on Windstorm Impact Reduction, and other 

such advisory committees as the Director considers necessary to advise the Institute on research, development, and technology transfer activities to mitigate 

the impact of natural disasters. 

(2) ADVISORY COMMITTEE ON EARTHQUAKE HAZARDS REDUCTION.—The Advisory Committee on Earthquake Hazards Reduction shall be composed of at least 

11 members, none of whom may be employees of the Federal Government, including representatives of research and academic institutions, industry standards development organizations, State and local government, and business 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 National Earthquake Hazards Reduction Program. 

(3) ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION.—The Advisory 

Committee on Windstorm Impact Reduction shall be composed of at least 7 

members, none of whom may be employees of the Federal Government, including representatives of research and academic institutions, industry standards 

development organizations, State and local government, and business communities who are qualified to provide advice on windstorm impact 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 National Windstorm Impact Reduction Program. 

(4) ASSESSMENTS.—The Advisory Committee on Earthquake Hazards Reduction and the Advisory Committee on Windstorm Impact Reduction shall offer 

assessments on— 

(A) trends and developments in the natural, social, and engineering 

sciences and practices of earthquake hazards or windstorm impact mitigation; 

(B) the priorities of the Programs’ Strategic Plans; 

(C) the coordination of the Programs; and 

(D) and any revisions to the Programs which may be necessary. 

(5) REPORTS.—At least every two years, the Advisory Committees shall report 

to the Director of the National Institute of Standards and Technology on the 

assessments carried out under paragraph (4) and their recommendations for 

ways to improve the Programs. In developing recommendations for the National 

Earthquake Hazards Reduction Program, the Advisory Committee on Earthquake Hazards Reduction shall consider the recommendations of the United 

States Geological Survey Scientific Earthquake Studies Advisory Committee. 

(c) COORDINATION OF FEDERAL DISASTER RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER.—Not later than 2 years after the date of enactment of this Act, 

the Subcommittee on Disaster Reduction of the Committee on Environment and 

Natural Resources of the National Science and Technology Council shall submit a 

report to the Congress identifying— 

(1) current Federal research, development, and technology transfer activities 

that address hazard mitigation for natural disasters, including earthquakes, 

hurricanes, tornados, wildfires, floods, and the current budgets for these activities; 

(2) areas of research that are common to two or more of the hazards identified 

in paragraph (1); and 

(3) opportunities to create synergies between the research activities for the 

hazards identified in paragraph (1). 

TITLE IV—NATIONAL CONSTRUCTION SAFETY 

TEAM ACT AMENDMENTS 

SEC. 401. NATIONAL CONSTRUCTION SAFETY TEAM ACT AMENDMENTS. 

The National Construction Safety Team Act (15 U.S.C. 7301 et seq.) is amended— 

(1) in section 2(a)— 

(A) by striking ‘‘a building or buildings’’ and inserting ‘‘a building, buildings, or infrastructure’’; and 

(B) by striking ‘‘To the maximum extent practicable, the Director shall establish and deploy a Team within 48 hours after such an event.’’ and inserting ‘‘The Director shall make a decision whether to deploy a Team within 

72 hours after such an event.’’; 


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(2) in section 2(b)(1), by striking ‘‘buildings’’ and inserting ‘‘buildings or infrastructure’’; 

(3) in section 2(b)(2)(A), by striking ‘‘building’’ and inserting ‘‘building or infrastructure’’; 

(4) in section 2(b)(2)(D), by striking ‘‘buildings’’ and inserting ‘‘buildings or infrastructure’’; 

(5) in section 2(c)(1), by striking ‘‘the United States Fire Administration and’’; 

(6) in section 2(c)(1)(G), by striking ‘‘building’’ and inserting ‘‘building or infrastructure’’; 

(7) in section 2(c)(1)(J)— 

(A) by striking ‘‘building’’ and inserting ‘‘building or infrastructure’’; and 

(B) by inserting ‘‘and the National Windstorm Impact Reduction Act of 

2004’’ after ‘‘Act of 1977’’; 

(8) in section 4(a), by striking ‘‘investigating a building’’ and inserting ‘‘investigating building and infrastructure’’; 

(9) in section 4(a)(1)— 

(A) by striking ‘‘a building’’ and inserting ‘‘a building or infrastructure’’; 

and 

(B) by striking ‘‘building’’ both of the other places it appears and inserting 

‘‘building or infrastructure’’; 

(10) in section 4(a)(3), by striking ‘‘building’’ both places it appears and inserting ‘‘building or infrastructure’’; 

(11) in section 4(b), by striking ‘‘building’’ both places it appears and inserting 

‘‘building or infrastructure’’; 

(12) in section 4(c)(1) and (2), by striking ‘‘building’’ both places it appears 

and inserting ‘‘building or infrastructure’’; 

(13) in section 4(d)(3) and (4), by striking ‘‘building’’ both places it appears 

and inserting ‘‘building or infrastructure’’; 

(14) in section 7(a), by striking ‘‘on request and at reasonable cost’’; 

(15) in section 7(c), by striking ‘‘building’’ and inserting ‘‘building or infrastructure’’; 

(16) in section 8(1) and (4), by striking ‘‘building’’ both places it appears and 

inserting ‘‘building or infrastructure’’; 

(17) in section 9, by striking ‘‘the United States Fire Administration and’’; 

(18) in section 9(2)(C), by striking ‘‘building’’ and inserting ‘‘building or infrastructure’’; 

(19) in section 10(3), by striking ‘‘building’’ and inserting ‘‘building and infrastructure’’; 

(20) in section 11(a), by striking ‘‘the United States Fire Administration and’’; 

and 

(21) by striking section 12. 

TITLE V—FIRE RESEARCH PROGRAM 

SEC. 501. FIRE RESEARCH PROGRAM. 

Section 16(a)(1) of the National Institute of Standards and Technology Act (15 

U.S.C. 278f(a)(1)) is amended— 

(1) in subparagraph (D), by inserting ‘‘fires at the wildland-urban interface,’’ 

after ‘‘but not limited to,’’; and 

(2) in subparagraph (E), by inserting ‘‘fires at the wildland-urban interface,’’ 

after ‘‘types of fires, including’’. 

II. PURPOSE OF THE BILL

The purpose of this bill is to reauthorize the National Earthquake Hazards Reduction Program (NEHRP) and the National 

Windstorm Impact Reduction Program (NWIRP). In addition, this 

bill strengthens the National Construction Safety Team Act 

(NCSTA) by giving the National Institute of Standards and Technology (NIST) more flexibility in implementing the Act. 

III. BACKGROUND AND NEED FOR THE LEGISLATION

The United States faces serious threats to public safety and property from natural disasters. Major California earthquakes in 1989 


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and 1994, Loma Prieta and Northridge respectively, killed over 100 

people, injured thousands, and cost the country nearly $30 billion 

from property losses and economic disruption. Hurricanes Katrina 

and Rita most recently demonstrated that severe weather can 

cause death, injury, and billions of dollars in damage. Developing 

and implementing measures to reduce the toll of earthquakes, severe weather, wildfires, and other natural disasters is critical as 

more Americans move to hazard-prone regions of the country. H.R. 

3820 reauthorizes and amends programs to improve knowledge of 

the physical processes of natural hazards and their effects, develop 

methods to prepare for and mitigate the impacts of natural hazards 

on the built environment and communities, and to facilitate the implementation of mitigation measures to stem the mounting losses 

from these disasters. 

The National Earthquake Hazards Reduction Program (NEHRP) 

Since the creation of NEHRP in 1977, the program has been a 

key contributor to the development of earthquake knowledge, seismic building codes, and increased awareness of the threat of earthquakes among public officials and the general public. The NEHRP 

legislation directs four federal agencies—NIST, the National 

Science Foundation (NSF), the United States Geological Survey 

(USGS), and the Federal Emergency Management Agency 

(FEMA)—to coordinate efforts according to the agencies’ expertise. 

The NSF funds basic research to study earthquakes and earthquake engineering; NIST and FEMA support and facilitate the development and implementation of safer earthquake building practices; and the USGS, in addition to supporting research to improve 

the understanding of earthquakes, also provides critical seismic 

monitoring through the Advanced National Seismic System (ANSS) 

and the Global Seismographic Network (GSN). In addition to its 

role in building research and development, NIST is also the lead 

agency for NEHRP, responsible for ensuring coordination, including 

a coordinated budget and strategic plan. 

The National Windstorm Impact Reduction Program (NWIRP) 

Congress created NWIRP in 2004, directing NIST, NSF, FEMA, 

and the National Oceanic and Atmospheric Administration (NOAA) 

to develop a coordinated R&D agenda to mitigate the impact of 

windstorms. In 2006, the National Science and Technology Council 

(NSTC) identified a number of priorities to achieve the goals of the 

program, including research to improve knowledge about windstorms and the characteristics of wind, advancing wind-resilient design and construction methods for buildings and other structures, 

and spurring mitigation action among the public. However, the program did not receive attention or funding. Consequently, very little 

federal attention has been paid to R&D to increase the resiliency 

of the built environment to windstorms. 

National Construction Safety Team Act 

The National Construction Safety Team Act (NCSTA) (P.L. 107– 

231), signed into law on October 1, 2002, authorizes NIST to establish teams to investigate building failures. The purpose of the Act 

is to improve the structural integrity of buildings and evacuation 

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ures and recommending specific improvements to building standards, codes, and practices, as well as to evacuation and emergency 

response procedures. The Act establishes NIST as the lead federal 

agency for building failures. 

Wildfires at the Wildland-Urban Interface 

Fires at the wildland-urban interface are a growing problem as 

more communities develop around forested land. For instance, between 2003 and 2007, such fires destroyed over 8,000 structures in 

California. NIST is developing tools for reducing community losses 

in wildland-urban interface fires. 

IV. HEARING SUMMARY

The Subcommittee on Technology and Innovation of the Committee on Science and Technology held three hearings related to 

natural hazards mitigation in the 110th and 111th Congresses. 

On June 11, 2009 in the 111th Congress, the Subcommittee on 

Technology and Innovation held a hearing entitled The Reauthorization of the National Earthquake Hazards Reduction Program: 

R&D for Resilient Communities. The purpose of the hearing was to 

review NEHRP since the last reauthorization in 2004, and to discuss areas where more multi-hazard coordination would be beneficial Five witnesses testified: Dr. Jack Hayes, Director of NEHRP 

at NIST; Mr. Kenneth Murphy, Director of the Oregon Office of 

Emergency Management and Immediate Past President of the National Emergency Management Association; Dr. Michael Lindell, 

Director of the Hazards Reduction and Recovery Center and Professor of Landscape Architecture & Urban Planning at Texas A&M 

University; Professor Thomas O’Rourke, Thomas R. Briggs Professor of Engineering of the School of Civil & Environmental Engineering at Cornell University; and Dr. Jim Harris, P.E., President 

of J. R. Harris & Company. Chairman Wu discussed the importance of the program to promoting earthquake mitigation measures, and stated that he would be interested to learn how NEHRP 

could be improved in the reauthorization. The witnesses discussed 

NEHRP activities and coordination efforts, challenges to increase 

earthquake preparedness and the adoption of mitigation measures, 

and the need to prioritize research on securing infrastructure and 

other lifelines, as well for retrofitting existing structures for earthquake resilience. They all agreed that program coordination had 

improved since the last reauthorization. The witnesses also agreed 

that NEHRP should pursue social science research that will result 

in adoption of earthquake mitigation measures by the public. They 

noted that particularly in the social science area, there were opportunities to coordinate R&D across all hazards. Finally, the witnesses noted the important benefits of the USGS’ earthquake monitoring efforts and that more funding could be used to hasten the 

deployment of the ANSS and increase other NEHRP activities. 

On July 24, 2008, in the 110th Congress, the Subcommittee on 

Technology and Innovation held a hearing entitled The National 

Windstorm Impact Reduction Program: Strengthening Windstorm 

Hazard Mitigation. The purpose of the hearing was to review the 

activities of NWIRP and examine the role of R&D in mitigating the 

impact of windstorms. Four witnesses testified: Dr. Sharon Hays, 

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nology Policy (OSTP); Dr. Marc Levitan, Director of the Hurricane 

Center at Louisiana State University (LSU) and Associate Professor of the LSU Department of Civil and Environmental Engineering; and Ms. Leslie Chapman-Henderson, President and CEO 

of the Federal Alliance for Safe Home, Inc. (FLASH). Chairman Wu 

emphasized the devastating effects of windstorms, and expressed 

frustration at the Administration’s lack of attention and funding 

for NWIRP. Witnesses also expressed concern over the low level of 

funding for wind-hazard mitigation R&D, particularly in light of 

the escalating costs of windstorms. They also noted that funding 

for wind-hazard mitigation R&D was significantly less than the 

amount spent on research to improve weather forecasting. The nongovernmental experts were also concerned that the program’s 

structure was an ineffective approach for interagency coordination 

and they recommended a structure more like NEHRP with NIST 

as the lead agency. The witnesses also discussed advances in wind 

hazard mitigation and methods of transferring the results of research into practice for code developers, builders, and property 

owners. 

On Tuesday, October 2, 2007, in the 110th Congress, the Subcommittee on Technology and Innovation held a hearing entitled, 

The United States Fire Administration Reauthorization: Addressing the Priorities of the Nation’s Fire Service H.R. 4847. The purpose of this hearing was to address the United States Fire Administration (USFA) reauthorization. Six witnesses testified: (1) Chief 

Gregory B. Cade, the U.S. Fire Administrator, Director of USFA; 

(2) Dr. Sivaraj Shyam Sunder, Director of the Building and Fire 

Research Laboratory (BRFL) at the National Institute of Standards 

and Technology (NIST); (3) Chief Steven P. Westermann, President 

and Chief Fire Officer, International Association of Fire Chiefs 

(IAFC); (4) Captain Robert Livingston, Captain in the Salem, Oregon Fire Department and representative to the Oregon State 

Council of Firefighters of the International Association of Firefighters (IAFF); (5) Chief Gordon Henderson, Deputy Chief of Operations, Rome-Floyd County Fire Department, Georgia, Past President of the Georgia State Firefighters’ Association of the National 

Volunteer Fire Council (NVFC); and (6) Dr. John R. Hall, Assistant 

Vice President, Fire Analysis and Research, National Fire Protection Association (NFPA). The hearing included discussion by all of 

the witnesses of the growing problem of fires in the wildland-urban 

interface. Dr. Sunder described NIST’s research on fire and fire 

safety, including work on mitigating the risks of wildland-urban 

interface fires. 

V. COMMITTEE ACTIONS

On October 15, 2009, Technology and Innovation Subcommittee 

Chairman David Wu, for himself, Technology and Innovation Ranking Member Adrian Smith, Mr. Alan Grayson, and Mr. Dennis 

Moore, introduced H.R. 3820, the Natural Hazards Risk Reduction 

Act of 2009. The bill was referred to the Committee on Science and 

Technology, and in addition to the Committees on Natural Resources, and Transportation and Infrastructure. 

The Committee on Science and Technology met to consider H.R. 

3820 on October 21, 2009. The Committee considered the following 

amendments: 


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1. Mr. Wu and Mr. Smith (NE) offered a manager’s amendment 

which made minor and technical changes. The amendment: 

changed the NSF social science authorization language in Titles I 

and II to give NSF more flexibility; and, under Title II, clarified 

that NOAA’s development of hazard assessment models and tools 

should be done in cooperation with both Federal agencies and State 

and local governments, and that NOAA’s responsibility under this 

program will be the development of wind-speed maps, but not their 

maintenance. The amendment was agreed to by voice vote. 

2. Mr. Grayson offered an amendment to include provisions in 

Title II authorizing NOAA to study storm surge events and develop 

storm surge models. The amendment was agreed to by voice vote. 

Representative Tonko moved that the Committee favorably report H.R. 3820, as amended, to the House. The motion was agreed 

to by voice vote. 

VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL

Title I of H.R. 3820 reauthorizes the National Earthquake Hazards Reduction Program (NEHRP), the purpose of which is to mitigate earthquake hazards through research, development, technology transfer, and outreach activities. Title I directs NIST to be 

the lead agency, responsible for ensuring a coordinated budget, 

strategic plan, and program report. It also directs: the NIST to perform research and development to improve earthquake building 

codes and practices; the FEMA to facilitate the adoption of earthquake mitigation measures, through code development and outreach; the USGS to study earthquake hazards and phenomena and 

to deploy and operate seismic monitoring systems; and the NSF to 

study earthquakes, earthquake engineering, and the social science 

aspect of preparing and recovering from earthquakes. Title I of 

H.R. 3820 authorizes a total of $805,656,000 for the NEHRP agencies (NIST, FEMA, USGS, and NSF) for fiscal years 2010 through 

2014. 

Title II of H.R. 3820 reauthorizes the National Windstorm Impact Reduction Program (NWIRP), the purpose of which is to mitigate the impact of windstorms through research, development, and 

outreach activities. Title II directs NIST to be the lead agency for 

the program, responsible for ensuring a coordinated budget, strategic plan, and program report. It also directs: the NIST to perform 

research and development to improve wind building codes and 

practices; the FEMA to facilitate the adoption of windstorm mitigation measures, through code development and outreach; the NOAA 

to study and collect data on windstorms, to aid in the development 

of wind-speed maps for standards, and to engage in outreach and 

awareness raising about windstorms; and the NSF to study windstorms, windstorm engineering, and the social science aspect of 

preparing and recovering from windstorms. Title II of H.R. 3820 

authorizes a total of $136,710,300 for the NEHRP agencies (NIST, 

FEMA, NOAA, and NSF) for fiscal years 2010 through 2014. 

Title III of H.R. 3820 establishes an Interagency Coordinating 

Committee on Natural Hazards Risk Reduction chaired by the Director of the NIST, and including the directors of FEMA, USGS, 

NOAA, NSF, OMB, and OSTP. Title III directs the Committee to 

oversee the planning and coordination of NEHRP and NWIRP, including coordinated budgets and strategic plans for both programs. 


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Is also requires the Director of NIST to establish advisory committees for both programs, composed of non-federal employee experts. 

Title III also directs the Subcommittee on Disaster Reduction of the 

Committee on Environment and Natural Resources of the National 

Science and Technology Council to issue a report to Congress identifying current federal R&D in natural disaster mitigation and 

areas where such research may be better coordinated. 

Title IV of H.R. 3820 amends the National Construction Safety 

Team Act (P.L. 107–231), by authorizing NIST to include infrastructure within the Act, and by allowing the Director of NIST to 

decide whether to deploy a construction safety team 72 hours after 

the failure of a structure. 

Title V of H.R. 3820 amends the activities of the NIST Building 

and Fire Research Lab to include research relating to protecting 

homes and communities from fires at the wildland-urban interface. 

VII. SECTION-BY-SECTION ANALYSIS

Sec. 1. Short title 

The Natural Hazards Risk Reduction Act of 2009 

Sec. 2. Findings 

Describes the findings of this Act. 

TITLE I. EARTHQUAKES 

Sec. 101. Short title 

National Earthquake Hazards Reduction Program Reauthorization Act of 2009 

Sec. 102. Findings 

Repeals section 2 of the Earthquake Hazards Reduction Act of 

1977 (42 U.S.C. 7701), which were the original ‘‘Findings’’. 

Sec. 103. Definitions 

Removes the definitions of the ‘‘Interagency Coordination Committee’’ and the ‘‘Advisory Committee’’ from section 4 of the National Earthquake Hazards Reduction Act of 1977. 

Sec. 104. National Earthquake Hazards Reduction Program 

Defines the National Earthquake Hazards Reduction Program’s 

(NEHRP) activities; identifies the four agencies that make up 

NEHRP: the National Institute of Standards and Technology 

(NIST), the Federal Emergency Management Agency (FEMA), the 

United States Geological Survey (USGS), and the National Science 

Foundation (NSF); defines NIST as the lead agency; and assigns 

responsibilities to the different agencies. 

Program activities include: research and development to reduce 

the risks of earthquakes to the built environment; research to improve the understanding of earthquakes and their impact on the 

built environment and society; and facilitation of the adoption of 

earthquake risk reduction measures through grants, technical assistance, development of building standards and guidelines, outreach to practitioners and community members, and other means. 


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In addition to lead agency responsibilities, NIST shall also support research and development to improve codes, standards, and 

practices for new and existing buildings and lifelines. Such activities also include the development of tools and technical resources 

to help practitioners use new knowledge to mitigate earthquakes. 

FEMA activities include: facilitating the development and adoption of codes, standards and practices for new and existing structures and lifelines; the development of tools and methods to predict 

earthquake damage; and support a public earthquake education 

and public awareness program. FEMA also has the responsibility 

of a state assistance grant program to assist states in implementing various mitigation activities. 

USGS activities shall include research and other means to characterize earthquake hazards, assess earthquake risks, monitor seismic activity, and provide real-time earthquake information. These 

activities include the continued development of the Advanced National Seismic System and the Global Seismographic Network. 

NSF activities shall include the support of basic research to further the understanding of earthquake, earthquake engineering and 

community preparation and response to earthquakes. Such activities will also include support of the George E. Brown, Jr. Network 

for Engineering and Earthquake Simulation. 

Sec. 105. Post-earthquake investigations program 

NEHRP shall be responsible for a post-earthquake investigations 

program. The lead agency shall be responsible for coordinating 

such investigations after earthquakes, in order to gather information and data to learn lessons that may be applied to reduce future 

earthquake losses. 

Sec. 106. Authorization of appropriations 

Total authorization for FEMA from FY2010 to FY2014: 

$54,354,000 

Total authorization for USGS, including the Advanced National 

Seismic Research and Monitoring System from FY2010 to FY2014: 

$371,640,000 

Total authorization for NSF from FY2010 to FY2014: 

$286,275,000 

Total authorization for NIST from FY2010 to FY2014: 

$39,214,000 

TITLE II. WIND 

Sec. 201. Short title 

The National Windstorm Impact Reduction Act Reauthorization 

of 2009 

Sec. 202. Purpose 

The purpose of the program is to support research, development, 

and technology transfer activities that will lead to a reduction in 

the loss of life and property from windstorms. 

Sec. 203. Definitions 

Amends the Act to define ‘‘Director’’ as the Director of the National Institute of Standards and Technology. 


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Sec. 204. National Windstorm Impact Reduction Program 

Defines the National Windstorm Impact Reduction Program’s 

(NWIRP) activities; identifies the four agencies that make up 

NWIRP: the National Institute of Standards and Technology 

(NIST), the Federal Emergency Management Agency (FEMA), the 

National Oceanic and Atmospheric Administration (NOAA), and 

the National Science Foundation (NSF); defines NIST as the lead 

agency; and assigns responsibilities to the different agencies. 

Program activities include: research and development on methods and technologies to reduce the risk of windstorms to the built 

environment; research to improve the understanding of windstorms 

and their impacts on the built environment and communities; and 

the facilitation of the adoption of windstorm risk reduction measures, through development of codes and standards, outreach, and 

other means. 

In addition to lead agency responsibilities, NIST activities shall 

also include research and development to: improve codes, standards, and design guidance for the construction and retrofit of new 

and existing structures; support the development of wind measurement tools; and the development of methods to collect data after severe wind events. 

FEMA activities include the development of: windstorm impact 

assessment tools; windstorm impact mitigation techniques; data 

collection and analysis after windstorm events; and outreach to facilitate mitigation measures in communities and among building 

practitioners. 

NOAA activities include the support of: atmospheric science research and data collection to better understand windstorms and 

their impacts. 

NSF activities include: research to improve the understanding of 

windstorms, their impact on the built environment, and on households, businesses, and communities. 

Sec. 205. Authorization of appropriations 

Total authorization for FEMA from FY2010 to FY2014: 

$51,403,100 

Total authorization for NSF from FY2010 to FY2014: 

$51,403,100 

Total authorization for NIST from FY2010 to FY2014: 

$21,873,600 

Total authorization for NOAA from FY2010 to FY2014: 

$12,030,500 

TITLE III. INTERAGENCY COORDINATING COMMITTEE ON 

NATURAL HAZARDS RISK REDUCTION 

Sec. 301. Interagency Coordinating Committee on Natural Hazards 

Risk Reduction 

Establishes an Interagency Committee (ICC) on Natural Hazards 

Risk Reduction, chaired by the Director of the National Institute of 

Standards and Technology (NIST) and comprised also of the Directors of the Federal Emergency Management Agency (FEMA), the 

United States Geological Survey (USGS), the National Oceanic and 

Atmospheric Administration (NOAA), the National Science Foundation (NSF), the Office of Science and Technology Policy (OSTP), the 


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Office of Management and Budget (OMB), and the head of any 

other Federal agency the Committee considers appropriate. Gives 

the ICC the responsibility of developing strategic plans, progress 

reports, and coordinated budgets for both the National Earthquake 

Hazards Reduction Program (NEHRP) and the National Windstorm Impact Reduction Program (NWIRP). 

Establishes Advisory Committees for NEHRP and NWIRP of relevant non-Federal employee experts to offer guidance and recommendations on program activities. 

Requires 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 among the 

various research activities. 

TITLE IV. NATIONAL CONSTRUCTION SAFETY TEAM ACT 

AMENDMENTS 

Sec. 401. National Construction Safety Team Act Amendments 

Amends the National Construction Safety Team Act (P.L. 107– 

231) to: include infrastructure, as well as buildings and to give the 

Director of the National Institute of Standards and Technology 

(NIST) 72 hours to decide to deploy a Construction Safety Team. 

TITLE V. FIRE RESEARCH PROGRAM 

Sec. 501. Fire Research Program 

To add to the National Institute of Standards and Technology’s 

existing fire research authority, research on ‘‘fires at the wildlandurban interface.’’ 

VIII. COMMITTEE VIEWS

NEHRP 

NEHRP is an important resource for improving public safety. 

The research and development efforts that have led to improved 

understanding of the location and effects of earthquake hazards, as 

well as how to build and design structures to withstand earthquakes should continue. Because in many earthquake-prone communities, the existing built environment would not withstand a 

strong earthquake, developing tools and methods to retrofit existing structures should be a high priority for NERHP. In addition, 

NEHRP should also support research and development to improve 

the resiliency of infrastructure and other lifelines (like emergency 

and medical services) since functioning infrastructure is crucial to 

the recovery of a community after an earthquake. Finally, the most 

important step in protecting communities from earthquake hazards 

is the adoption of earthquake mitigation measures. NEHRP should 

facilitate and promote the adoption of these measures, through 

such activities as creating tools to help practitioners use the latest 

earthquake engineering knowledge and engaging the public about 

earthquake hazards. Social science research is important in understanding how communities and individuals perceive their risk and 

in effectively convincing people to adopt mitigation measures. 


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NEHRP should therefore include social science research and knowledge in its efforts. 

NWIRP 

Because of the lack of implementation and coordination for 

NWIRP since the creation of the program in 2004, NIST should 

lead efforts to ensure coordinated efforts for wind-hazard mitigation research, development, and technology transfer. This program 

should develop better wind standards and helping to facilitate the 

use of existing knowledge. As with the earthquake program, developing measures to cost-effectively retrofit existing structures is of 

high importance, as is developing methods to mitigate the impacts 

of windstorms on infrastructure and lifelines. Since social science 

is an important tool for understanding how communities prepare 

and react to disasters, and how to effectively convince people to 

adopt mitigation measures, it should also be an important component of this program. 

Coordination 

The Interagency Coordinating Committee for NEHRP has been 

effective and should continue to ensure the agencies’ activities are 

well coordinated and inline with the strategic plan. The members 

of this committee should give the same attention and consideration 

the NWIRP as well. Federal agencies should take advantage of opportunities for more coordination of R&D across different natural 

hazards. An important initial step is to specific types of R&D efforts, such as social science and data collection, where coordination 

and collaboration across different natural hazards is possible. The 

Committee believes that the National Science and Technology 

Council’s Subcommittee on Disaster Reduction can build on its previous efforts in the Grand Challenges for Disaster Reduction and 

identify areas where current federal natural hazards R&D efforts 

can be better coordinated. 

NCSTA 

The National Construction Safety Team Act (NCSTA) is an important tool for improving public safety. The Director of NIST 

should, whenever appropriate, use the authorities in this Act to 

make recommendations to improve the safety of buildings and 

structures. The changes made to the NCSTA by H.R. 3820 give the 

Director of NIST greater flexibility in implementing the Act. The 

Director will now have 72 hours after a building failure (or failures) to decide whether to pursue an NCSTA investigation, rather 

than only 48 hours to actually send a team. H.R. 3820 also gives 

greater flexibility by including ‘‘infrastructure’’ failures under the 

Act. The Committee does not find that there is any language within NIST’s current authorities that prevents the agency from studying and gathering information about buildings that survive disasters, or from issuing building safety recommendations based on 

those findings. 

IX. COST ESTIMATE

A cost estimate and comparison prepared by the Director of the 

Congressional Budget Office under section 402 of the Congressional 

Budget Act of 1974 has been timely submitted to the Committee on 


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Science and Technology prior to the filing of this report and is included in Section X of this report pursuant to House Rule XIII, 

clause 3(c)(3). 

H.R. 3820 does not contain new budget authority, credit authority, or changes in revenues or tax expenditures. Assuming that the 

sums authorized under the bill are appropriated, H.R. 3820 does 

authorize additional discretionary spending, as described in the 

Congressional Budget Office report on the bill, which is contained 

in Section X of this report. 

X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 3820—Natural Hazards Risk Reduction Act of 2009 

Summary: H.R. 3820 would reauthorize federal programs aimed 

at developing methods to reduce damages 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 $747 

million over the 2010–2014 period and $125 million after 2014. Enacting H.R. 3820 would not affect direct spending or revenues. 

H.R. 3820 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 local governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 3820 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). 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2010–2014 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Title I: National Earthquake Hazards Reduction Program: 

Authorization Level a ...................................................... 80 157 161 165 171 734 

Estimated Outlays ......................................................... 28 125 148 161 168 630 

Title II: National Windstorm Impact Reduction Program: 

Authorization Level ........................................................ 26 26 26 29 30 137 

Estimated Outlays ......................................................... 13 21 25 28 29 116 

Title III: Advisory Committees: 

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

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

Total Changes:.

Authorization Level ...................................... 106 183 187 194 201 872 

Estimated Outlays ....................................... 41 146 173 189 197 747 

Note: * = less than $500,000. Amounts may not sum to totals due to rounding. 

a H.R. 3820 would authorize the appropriation of $151 million for the Earthquake Hazards Reduction Program in 2010. A total of $71 million has been appropriated to the Federal Emergency Management Agency and the U.S. Geological Survey for 2010. Other agencies involved 

with this program have not yet received a full-year appropriation for 2010. 

Basis of estimate: For this estimate, CBO assumes that H.R. 

3820 will be enacted early in calendar year 2010 and that the authorized and necessary amounts will be appropriated for each fiscal 

year. Estimated outlays are based on historical spending patterns 

for similar activities. 

Over the 2010–2014 period, title I would authorize appropriations totaling $371 million for the United States Geological Survey, 

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lion for the Federal Emergency Management Agency (FEMA), and 

$39 million for the National Institute of Standards and Technology 

(NIST) to carry out the National Earthquake Hazards Reduction 

Program. (Over the 2005–2009 period, those agencies spent $616 

million for the program.) Assuming appropriation of the authorized 

amounts, CBO estimates that implementing the provisions of title 

I would cost $630 million over the 2010–2014 period and $104 million after 2014. That estimate excludes $71 million that has already been appropriated for the National Earthquake Hazards Reduction Program in 2010. 

Over the 2010–2014 period, title II would authorize appropriations totaling $52 million for NSF, $52 million for FEMA, $22 million for NIST, and $11 million for the National Oceanic and Atmospheric Administration to carry out the National Windstorm Impact 

Reduction Program. (Those agencies spent about $88 million on related activities over the 2005–2009 period.) Assuming appropriation of the authorized amounts, CBO estimates that implementing 

the provisions of title II would cost $116 million over the 2010– 

2014 period and $21 million after 2014. 

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 2010–2014 period, assuming appropriation of the necessary amounts. 

Intergovernmental and private-sector impact: H.R. 3820 contains 

no intergovernmental or private-sector mandates as defined in 

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

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

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

the Private Sector: Sam Wice. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

XI. COMPLIANCE WITH PUBLIC LAW 104–4 

H.R. 3820 contains no unfunded mandates. 

XII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

The oversight findings and recommendations of the Committee 

on Science and Technology are reflected in the body of this report. 

XIII. STATEMENT ON GENERAL PERFORMANCE GOALS AND

OBJECTIVES

Pursuant to clause 3(c) of House Rule XIII, the goal of H.R. 3820 

is to reauthorize the National Earthquake Hazards Reduction Program (NEHRP) and the National Windstorm Impact Reduction 

Program (NWIRP). 


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XIV. CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact H.R. 3820. 

XV. FEDERAL ADVISORY COMMITTEE STATEMENT

The functions of the advisory committees authorized in H.R. 3820 

are not currently being nor could they be performed by one or more 

agencies or by enlarging the mandate of another existing advisory 

committee. 

XVI. CONGRESSIONAL ACCOUNTABILITY ACT

The Committee finds that H.R. 3820 does not relate to the terms 

and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

XVII. EARMARK IDENTIFICATION

H.R. 3820 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of Rule 

XXI. 

XVIII. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL

LAW

This bill is not intended to preempt any state, local, or tribal law. 

XIX. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, 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 matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

EARTHQUAKE HAZARDS REDUCTION ACT OF 1977 

* * * * * * * 

øSEC. 2. FINDINGS. 

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 


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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 lifelines should serve as models for how to reduce and 

minimize hazards to the community. 

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 man-made 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. 


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ø(11) An effective Federal program in earthquake hazard 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. 

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

(1) * * * 

* * * * * * * 

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).¿ 

* * * * * * * 

SEC. 5. NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM. 

(a) ESTABLISHMENT.— (1) * * * 

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. 

ø(3) INTERAGENCY COORDINATING COMMITTEE ON EARTHQUAKE HAZARDS REDUCTION.— 

ø(A) IN GENERAL.—There is established an Interagency 

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tion 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 

ø(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 

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; 


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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. 

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.¿ 

(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 


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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; 

(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(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(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)— 


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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; 

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— 


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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 obtained 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 any 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; 


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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, 

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— 


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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; 

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; 


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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 

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 


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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— 

(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’’) 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; 


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(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 

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. 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. 

(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; 

(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 


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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; 

(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 

of the large-scale experimental and computational facilities 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 


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(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 2009 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. 

* * * * * * * 

SEC. 11. POST-EARTHQUAKE INVESTIGATIONS PROGRAM. 

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 

be applied to reduce the loss of lives and property in future earthquakes. 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 


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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) * * * 

* * * * * * * 

SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

(a)(1) * * * 

* * * * * * * 

(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 2010; 

(B) $10,545,000 for fiscal year 2011; 

(C) $10,861,000 for fiscal year 2012; 

(D) $11,187,000 for fiscal year 2013; and 

(E) $11,523,000 for fiscal year 2014. 

(b) GEOLOGICAL SURVEY.—(1) * * * 

* * * * * * * 

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

Geological Survey for carrying out this Act, including the Advanced 

National Seismic Research and Monitoring System— (A) $70,000,000 for fiscal year 2010; 

(B) $72,100,000 for fiscal year 2011; 

(C) $74,263,000 for fiscal year 2012; 

(D) $76,491,000 for fiscal year 2013; and 

(E) $78,786,000 for fiscal year 2014. 

(c) NATIONAL SCIENCE FOUNDATION.—(1) * * * 

* * * * * * * 

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

Science Foundation for carrying out this Act— 

(A) $64,125,000 for fiscal year 2010; 

(B) $66,049,000 for fiscal year 2011; 

(C) $68,030,000 for fiscal year 2012; 

(D) $70,071,000 for fiscal year 2013; and 

(E) $72,173,000 for fiscal year 2014. 

(d) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.— 

(1) * * * 

* * * * * * * 

(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 2010; 

(B) $7,700,000 for fiscal year 2011; 

(C) $7,931,000 for fiscal year 2012; 

(D) $8,169,000 for fiscal year 2013; and 

(E) $8,414,000 for fiscal year 2014. 

* * * * * * * 

SEC. 14. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION. 

(a) * * * 

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

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


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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 

* * * * * * * 

TITLE II—WINDSTORM IMPACT 

REDUCTION 

SEC. 201. SHORT TITLE. 

This Act may be cited ast the ‘‘National Windstorm Impact Reduction Act of 2004’’. 

øSEC. 202. FINDINGS. 

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. 

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 


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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. 

SEC. 203. DEFINITIONS. 

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. 

* * * * * * * 

øSEC. 204. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM. 

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 coordiVerDate Nov 24 2008 21:44 Feb 27, 2010 Jkt 089006 PO 00000 Frm 00042 Fmt 6659 Sfmt 6601 E:\HR\OC\HR424P1.XXX HR424P1

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nated 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. 

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, 


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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— 

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.¿ 


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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 

(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 


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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; 

(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 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 measVerDate Nov 24 2008 21:44 Feb 27, 2010 Jkt 089006 PO 00000 Frm 00046 Fmt 6659 Sfmt 6603 E:\HR\OC\HR424P1.XXX HR424P1

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ures by households, businesses, and communities, including 

by— 

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

methods, and models; 

(B) work 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) develop and disseminate guidelines for the construction of windstorm shelters. 

(4) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.— 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— 

(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; 

(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— 


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(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 

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. 

* * * * * * * 

øSEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

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. 


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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 2010; 

(2) $9,972,500 for fiscal year 2011; 

(3) $10,271,600 for fiscal year 2012; 

(4) $10,579,800 for fiscal year 2013; and 

(5) $10,897,200 for fiscal year 2014. 

(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 2010; 

(2) $9,972,500 for fiscal year 2011; 

(3) $10,271,600 for fiscal year 2012; 

(4) $10,579,800 for fiscal year 2013; and 

(5) $10,897,200 for fiscal year 2014. 

(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 2010; 

(2) $4,243,600 for fiscal year 2011; 

(3) $4,370,900 for fiscal year 2012; 

(4) $4,502,000 for fiscal year 2013; and 

(5) $4,637,100 for fiscal year 2014. 

(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 2010; 

(2) $2,334,000 for fiscal year 2011; 

(3) $2,404,000 for fiscal year 2012; 

(4) $2,476,100 for fiscal year 2013; and 

(5) $2,550,400 for fiscal year 2014. 

* * * * * * * 

NATIONAL CONSTRUCTION SAFETY TEAM ACT 

* * * * * * * 

SEC. 2. NATIONAL CONSTRUCTION SAFETY TEAMS. 

(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 


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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; 

* * * * * * * 

(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) * * * 

* * * * * * * 

(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; 

* * * * * * * 

(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 

* * * * * * * 

SEC. 4. AUTHORITIES. 

(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 infrastructurefailure are located, and take action necessary, appropriate, and reasonable in light of the nature of the property to 


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be inspected to carry out the duties of the Team under section 

2(b)(2) (A) and (B); 

* * * * * * * 

(3) inspect and test any øbuilding¿ building or infrastructure 

components, materials, and artifacts related to the øbuilding¿ 

building or infrastructure failure; and 

* * * * * * * 

(b) AVOIDING UNNECESSARY INTERFERENCE AND PRESERVING EVIDENCE.—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. 

* * * * * * * 

(d) INTERAGENCY PRIORITIES.— 

(1) * * * 

* * * * * * * 

(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 øbuilding¿ building or infrastructurefailure 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. 

* * * * * * * 

SEC. 7. DISCLOSURE OF INFORMATION. 

(a) GENERAL RULE.—Except as otherwise provided in this section, a copy of a record, information, or investigation submitted or 


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received by a Team shall be made available to the public øon request and at reasonable cost¿. 

* * * * * * * 

(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. 

* * * * * * * 

SEC. 8. NATIONAL CONSTRUCTION SAFETY TEAM REPORT. 

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; 

* * * * * * * 

(4) recommendations for research and other appropriate actions needed to help prevent future øbuilding¿ building or infrastructure failures. 

SEC. 9. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACTIONS. 

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) * * * 

(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) * * * 

* * * * * * * 

(C) other actions needed to help prevent future øbuilding¿ building or infrastructure failures. 

SEC. 10. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ANNUAL REPORT. 

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) * * * 

* * * * * * * 

(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. 


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SEC. 11. ADVISORY COMMITTEE. 

(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. 

* * * * * * * 

øSEC. 12. ADDITIONAL APPLICABILITY. 

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. (a) 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 

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) * * * 

* * * * * * * 

(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; 

* * * * * * * 


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XX. COMMITTEE RECOMMENDATIONS

On October 21, 2009, the Committee on Science and Technology 

favorably reported H.R. 3820 by voice vote and recommended its 

enactment. 


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(57) 

XXII: PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 3820, THE NATURAL HAZARDS RISK REDUCTION ACT OF 

2009 

WEDNESDAY, OCTOBER 21, 2009 

HOUSE OF REPRESENTATIVES, COMMITTEE ON SCIENCE, Washington, DC. 

The Committee met, pursuant to call, at 10:18 a.m., in Room 

2318 of the Rayburn House Office Building, Hon. Bart Gordon 

[Chairman of the Committee] presiding. 

Chairman GORDON. Good morning. The Committee will come to 

order. 

Pursuant to notice, the Committee on Science and Technology 

meets to consider the following measures: H.R. 3791, the Fire 

Grants Reauthorization Act of 2009, and H.R. 3820, the Natural 

Hazards Risk Reduction Act of 2009. 

As I just noted today, the Committee will consider two important 

bills. Both of these bills address pressing national needs, and both 

are the product of bipartisan cooperation and stakeholder input. 

The first bill the Committee will consider today is H.R. 3791. 

This bill reauthorizes the Assistance to Firefighters Grant [AFG] 

Program and the Staffing for Adequate Fire and Emergency Response [SAFER] Program. Over the past nine years, these programs have provided over $5 billion to purchase firefighting equipment and training for communities and to hire additional firefighters. The federal support is even more important in this tough 

economy as local officials struggle to provide services in the face of 

decreasing budgets. 

H.R. 3791 is the product of much hard work by the International 

Association of Fire Chiefs, the International Association of Fire 

Fighters, the National Volunteer Fire Council and the National 

Fire Protection Association, as well as the Congressional Fire Services Institute. It represents the consensus of these organizations on 

how these programs should be improved. I am pleased that the bill 

has been endorsed by so many of these groups, and I look forward 

to working with them as we move to get this bill enacted. 

The second bill the Committee will consider today, H.R. 3820, reauthorizes two important programs that support research, development and technology transfer activities to mitigate against the potential damage caused by earthquakes and severe windstorms. The 

impact of natural hazards on communities can be devastating. In 

the past two years in my district in Middle Tennessee, tornadoes 


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have killed 24 people and injured over 100. Making households, 

businesses, and communities resistant to these forces of nature can 

save lives and billions of dollars. 

H.R. 3820 reauthorizes the National Earthquake Hazards Reduction Program and the National Windstorm Impact Reduction Program. The National Earthquake Hazards Reduction Program, 

known as NEHRP, has been responsible for development of a variety of codes and standards to enable buildings and other infrastructures to withstand earthquakes. This reauthorization addresses 

some of the biggest challenges in earthquake mitigation: developing 

methods to retrofit existing structures, secure infrastructure, and, 

most importantly, convince people in earthquake-prone areas to invest in preparedness and mitigation measures. 

H.R. 3820 also reauthorizes the National Windstorm Impact Reduction Program. The goal of this reauthorization is to enable this 

program, created in 2004, to achieve the same success. Support for 

R&D for wind hazard mitigation has lagged behind that for other 

hazards. The activities authorized in this bill can lead to improved 

building practices that will protect life, and contain the ever-increasing costs of hurricanes, tornadoes, and other severe windstorms. 

At a Technology and Innovation Subcommittee hearing this 

June, witnesses testified that much of the challenge in natural disaster mitigation was not in more research, but in implementing the 

knowledge that already exists. This bill includes a strong focus on 

the lessons learned from the different natural hazards and encourages implementation of those lessons. 

I strongly support both of these bills and I would urge a yes vote. 

I now recognize Mr. Hall to present his opening remarks. 

[The prepared statement of Chairman Gordon follows:] 

PREPARED STATEMENT OF CHAIRMAN BART GORDON

The Committee on Science and Technology meets to consider the following measures: H.R. 3791, the Fire Grants Reauthorization Act of 2009, and H.R. 3820, the 

Natural Hazards Risk Reduction Act of 2009. 

Both of these bills address pressing national needs, and both are the product of 

bipartisan cooperation and stakeholder input. 

The first bill the Committee will consider today is H.R. 3791. This bill reauthorizes the Assistance to Firefighters Grant Program and the Staffing for Adequate 

Fire and Emergency Response Program. Over the past nine years, these programs 

have provided over $5 billion to purchase firefighting equipment and training for 

communities and to hire additional firefighters. The federal support is even more 

important in this tough economy as local officials struggle to provide services in the 

face of decreasing budgets. 

H.R. 3791 is the product of much hard work by the International Association of 

Fire Chiefs, the International Association of Fire Fighters, the National Volunteer 

Fire Council and the National Fire Protection Association, as well as the Congressional Fire Services Institute. It represents the consensus of these organizations on 

how these programs should be improved. I am pleased that the bill has been endorsed by so many of these groups, and I look forward to working with them as we 

move to get this bill enacted. 

The second bill the Committee will consider today, H.R. 3820, reauthorizes two 

important programs that support research, development and technology transfer activities to mitigate against the potential damage caused by earthquakes and severe 

windstorms. The impact of natural hazards on communities can be devastating. In 

the past two years in my district in Middle Tennessee, tornadoes have killed 24 people and injured over 100. Making households, businesses, and communities resistant 

to these forces of nature can save lives and billions of dollars. 

H.R. 3820 reauthorizes the National Earthquake Hazards Reduction Program and 

the National Windstorm Impact Reduction Program. The National Earthquake HazVerDate Nov 24 2008 21:44 Feb 27, 2010 Jkt 089006 PO 00000 Frm 00058 Fmt 6604 Sfmt 6621 E:\HR\OC\HR424P1.XXX HR424P1

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ards Reduction Program, known as NEHRP, has been responsible for development 

of a variety of codes and standards to enable buildings and other infrastructures to 

withstand earthquakes. This reauthorization addresses some of the biggest challenges in earthquake mitigation: developing methods to retrofit existing structures, 

secure infrastructure, and, most importantly, convince people in earthquake-prone 

areas to invest in preparedness and mitigation measures. 

H.R. 3820 also reauthorizes the National Windstorm Impact Reduction Program. 

The goal of this reauthorization is to enable this program, created in 2004, to 

achieve the same success. Support for R&D for wind hazard mitigation has lagged 

behind that for other hazards. The activities authorized in this bill can lead to improved building practices that will protect life, and contain the ever-increasing costs 

of hurricanes, tornadoes, and other severe windstorms. 

At a Technology and Innovation Subcommittee hearing this June, witnesses testified that much of the challenge in natural disaster mitigation was not in more research, but in implementing the knowledge that already exists. This bill includes 

a strong focus on the lessons learned from the different natural hazards and encourages implementation of those lessons. 

I strongly support both of these bills and I would urge a yes vote. 

I now recognize Mr. Hall to present his opening remarks. 

Mr. HALL. Mr. Chairman, thank you, and I appreciate this markup, especially the very bipartisan spirit in which the bills before us 

today have been handled, so I can be brief. 

We are here of course to consider two bills that reauthorize four 

important programs that have been created by the Committee over 

the years. The common thread among these programs is leveraging 

federal resources to reduce our vulnerability to hazards, principally 

earthquakes, windstorms and fires. The first bill before us, H.R. 

3820, makes modest changes to improve coordination among federal agencies responsible for earthquake and windstorm research 

and hazard mitigation. The second bill, H.R. 3791, reauthorizes the 

Fire Grants Program which I know have provided critical support 

to a lot of departments including in my district, and I am going to 

note my strong support for both of these bills and express my appreciation to Chairman Gordon and to his staff for working with 

our us and with outside stakeholders to get the details right on 

both of the bills. I look forward to the discussion of the proposed 

amendments and working with our colleagues to see these bills 

through the rest of the legislative process. 

I thank you, and I yield back. 

[The prepared statement of Mr. Hall follows:] 

PREPARED STATEMENT OF REPRESENTATIVE RALPH M. HALL

Good morning, Mr. Chairman. I want to thank you for scheduling this markup 

and for the bipartisan spirit in which the bills before us today have been handled. 

I’ll be brief. 

We are here to consider two bills that reauthorize four important programs that 

have been created by this committee over the years. The common thread among 

these programs is leveraging federal resources to reduce our vulnerability to hazards—primarily earthquakes, windstorms, and fires. 

The first bill before us, H.R. 3820, makes modest changes to improve coordination 

among federal agencies responsible for earthquake and windstorm research and hazard mitigation. The second bill, H.R. 3791, reauthorizes the ‘‘Fire Grants programs,’’ 

which I know have provided critical support to fire departments in my district. 

I want to note my strong support for both of these bills, and express my appreciation to Chairman Gordon and his staff for working with us and with outside stakeholders to get the details right on both of these bills. I look forward to discussion 

on the proposed amendments and to working with our colleagues to see these bills 

through the rest of the legislative process. I yield back. 

Chairman GORDON. Thank you, Mr. Hall. And Members may 

place statements in the record at this point. 


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We will now consider H.R. 3820, the Natural Hazards Risk Reduction Act of 2009. I recognize the Chair of the Technology and 

Innovation Subcommittee, Mr. Wu, to describe his bill. 

Mr. WU. Thank you very much, Mr. Chairman. As you know, 

timing is everything. 

This reauthorizes two important programs that address important hazards, earthquakes and windstorms, and establishes a 

framework to begin joining together a multi-hazards approach to 

mitigating natural disasters. I would like to thank the Ranking 

Member of the Technology and Innovation Subcommittee, the gentleman from Nebraska, Mr. Smith, and his staff, and also the Full 

Committee staff and Subcommittee staff for working closely with 

me in developing this legislation. 

In my home State of Oregon, we are very, very well aware of the 

threats posed by natural hazards. The Cascadia fault line off our 

coast could devastate Oregon with a 9.0 to 9.5 Richter Scale earthquake. Also, because it is offshore, the associated tsunami would 

affect the coastline or devastate a coastline that may have been cut 

off by the earthquake from the rest of the valley for aid and support. It is not just seismic activity or tsunami that has the potential for vast destruction in the Pacific Northwest. Two years ago, 

a windstorm with winds reported up to 140 miles an hour caused 

18 deaths and nearly $200 million in damage in Oregon and Washington. 

Since 1977, the National Earthquake Hazards Reduction Program, or NEHRP, which this bill reauthorizes, has supported research and development to better understand earthquakes and 

their impact and to improve the seismic safety of buildings and 

other infrastructure. This work has led to improved seismic monitoring with the Advanced National Seismic System, better building 

practices in seismic regions and increased public awareness of the 

need to prepare for earthquakes. The success of such efforts can be 

seen in the recent California Shake Out in which 6.8 million Californians participated in earthquake drills. After widespread drills, 

people are often more driven to prepare for future earthquakes, 

purchasing double the earthquake mitigation materials at home 

improvement stores. 

H.R. 3820 also reauthorizes the National Windstorm Impact Reduction Program. At a hearing in June of the Technology and Innovation Subcommittee, testimony stated that wind hazard mitigation R&D has received much less attention than earthquakes and 

other hazards from the research community. It is because of the 

nature of the problem itself is not quite as technically challenging 

and also there is not as long a history of investigation. However, 

over 200 lives are lost each year and $16 billion are lost to severe 

weather events. The problem with windstorm damage is therefore 

no less important than that of earthquakes. A strong windstorm 

R&D program can enable faster development and implementation 

of codes, standards and practices to mitigate against windstorm 

damage. 

H.R. 3820 provides the windstorm program with the same coordination structure that created a successful NEHRP program. Based 

on hearings and recommendations from the stakeholder community, the Natural Hazards Risk Reduction Act of 2009 also lays the 


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foundation to consider natural hazards R&D in a multi-hazard 

framework. The bill establishes the National Institute of Standards 

and Technology [NIST] as the lead agency for both the earthquake 

and wind programs and gives primary responsibility for ensuring 

interagency coordination to one committee of program agency directors. In addition, the bill requires that the National Science and 

Technology Council Subcommittee on Disaster Reduction prepare a 

report to Congress that identifies all the natural hazards R&D and 

technology transfer activities supported by the Federal Government. In addition to identifying the activities, the purpose of the 

report is to find commonalities among research activities for different hazards and to identify ways to coordinate this work. 

It is clear that the biggest impediment to mitigating natural disasters is encouraging people to actually adopt mitigation measures. 

Changes to codes, standards and building practices are an important component to addressing this challenge. To enable this, H.R. 

3820 includes provisions to give NIST greater flexibility in implementing the National Construction Safety Team Act. This Act, 

passed after the collapse of the World Trade Center towers, gives 

NIST the authority to lead building failure investigations. The Act 

requires NIST to issue recommendations based on the investigation 

findings and to provide building practices and report to Congress 

on whether its recommendations were adopted by building code developers. The changes made to NIST’s authorities in H.R. 3820 will 

give the agency the flexibility to lead investigations after all natural disasters to study the effects of these disasters on all types of 

structures. As was highlighted in two Subcommittee hearings on 

hazard-related programs, science and engineering research is important but it is the push to implement better building practices 

that will save lives and money. This provision is a key element to 

make sure this happens. I would also like to add that this bill has 

been endorsed by the American Society of Civil Engineers. 

I am pleased to offer this bill today, and I urge my colleagues to 

vote yes on its passage. 

Chairman GORDON. Thank you, Mr. Wu, and I also want to 

thank you and Mr. Smith for the hard work that you put in on the 

Subcommittee. You have brought up some good bills and you put 

the work behind it to bring them to us. 

Mr. Hall is recognized. 

Mr. HALL. Mr. Chairman, I yield to the Ranking Member of the 

Subject Committee. 

Mr. SMITH OF NEBRASKA. Thank you, Mr. Hall. Thank you, Mr. 

Chairman. 

In the interest of time and not wanting to repeat anything that 

has already been said, the gentleman from the Pacific Northwest 

spoke as a Representative of that area, so as a Representative of 

the, I guess, heartland Midwest, I add my support to the amendment and I yield back. Thank you. 

[The prepared statement of Mr. Smith follows:] 

PREPARED STATEMENT OF REPRESENTATIVE ADRIAN SMITH

Thank you, Mr. Chairman, for including H.R. 3820, the Natural Hazards Risk Reduction Act of 2009, as part of today’s markup. It is good legislation which will improve federal hazards mitigation efforts, and I am pleased to have joined Technology 

and Innovation Subcommittee Chairman Wu as an original co-sponsor. 


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Natural hazards—floods, wildfires, tornadoes, hurricanes, and earthquakes— 

present a common mitigation challenge. While inevitable and potentially catastrophic events, they are infrequent and relatively unpredictable. They also share 

much from a mitigation perspective: overlapping research and development needs, 

similar challenges with respect to improving building codes and standards, and common emergency preparedness and response requirement objectives. 

Accordingly, it makes sense for us to leverage federal activities in this area, which 

this bill attempts to do. Building on the successful interagency coordination framework for earthquake hazards—known as NEHRP—the bill moves toward a similar 

interagency structure for windstorm hazard reduction efforts. It also incorporates an 

additional coordination mechanism to improve the linkage between earthquake and 

windstorm hazards efforts in order to strengthen strategic planning and 

prioritization. 

I want to thank Chairman Wu for working closely with me in developing this legislation. I urge Members to support passage of the bill, and I hope we can see it 

through the rest of the legislative process in a timely manner. 

I yield back. 

Mr. HALL. I yield back. 

Chairman GORDON. Does anyone else wish to be recognized? 

Mr. BILBRAY. Mr. Chairman. 

Chairman GORDON. Mr. Bilbray. 

Mr. BILBRAY. Mr. Chairman, I just ask that, one of the items 

that is going to go in here is when you get these studies, the recommendations or modifications of the Unified Building Code, probably one of the most successful government regulations ever formed 

anywhere. My biggest concern is that we keep in mind that as scientists look at that, that we look at alternative technologies. Too 

often, so much of this is figured out is in concrete and steel and 

brick but not looking at alternative constructions, renewable material and things like that. I would just like to make sure down the 

line we sensitize the scientists and the building inspectors to the 

fact that they should be looking at non-traditional building materials that may be very successful. An example that kind of shocked 

everybody was the fact that in the mission district of San Francisco, the one building that has survived all the earthquakes in the 

history of that city has been the Mission at San Francisco, which 

is unreinforced masonry technically but because it is adobe, it is 

able to work and survive, though under the building code you could 

not build that building today because it is perceived as being unsafe. I just think that as scientists look at this, that they should 

be looking at alternative construction as being an option they need 

to look deeper into. It may save a lot of money, may save a lot of 

lives and be able to give us a sustainable resource to be able to use 

for construction. So as we get in here, I really ask that we remember that as our scientists look at this and building inspectors look 

at this, they look at non-traditional building materials as being an 

option. And I am not specifically saying let us building adobe but 

I am saying there is a whole lot of other construction. As the gentleman from Nebraska pointed out, they actually developed a technique a hundred years ago called straw bale construction which is 

absolutely very resistant to earthquake and wind damage but it is 

one that is probably not legal anywhere in this country except for 

small segments that have gotten the research and improved it. So 

I yield back, Mr. Chairman. 

Chairman GORDON. Thank you, Mr. Bilbray. 

Does anyone else wish to be recognized? If not, I ask unanimous 

consent that the bill is considered as read and open to amendment 


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at any point and that the Members proceed with amendments in 

the order of the roster. Without objection, so ordered. 

The first amendment on the roster is a Manager’s Amendment 

offered by the gentleman from Oregon, Mr. Wu. Are you ready to 

proceed with your amendment? 

Mr. WU. Yes, I am, Mr. Chairman. 

Chairman GORDON. The Clerk will report the amendment. 

The CLERK. Amendment number 205—025, amendment to H.R. 

3820 offered by Mr. Wu of Oregon and Mr. Smith of Nebraska. 

Chairman GORDON. I ask unanimous consent to dispense with 

the reading. Without objection, so ordered. 

I recognize the gentleman for five minutes to explain his amendment. 

Mr. WU. Thank you very much, Mr. Chairman. 

This amendment makes minor and technical changes to H.R. 

3820. It changes the language regarding the National Science 

Foundation’s [NSF] social science research to authorize such research on the specific types of vulnerabilities faced by segments of 

the community vulnerable to natural hazards. This broadens the 

language from population groups and economic sectors to give the 

NSF more flexibility. The amendment also changes the NOAA [National Oceanic and Atmospheric Administration] portion of the bill 

under Title II to clarify that the development of hazard assessment 

models and tools should be done in collaboration with both federal 

agencies and state and local governments. It further clarifies that 

NOAA’s responsibility under this program will be the development 

of wind speed maps but not their maintenance. The maintenance 

of these maps is handled by other agencies, and with that, Mr. 

Chairman, I yield back the balance of my time. 

Chairman GORDON. Is there further discussion on the amendment? 

Mr. HALL. Mr. Chairman. 

Chairman GORDON. Mr. Hall is recognized. 

Mr. HALL. We supported the amendment before Mr. Wu’s explanation, and we still support it. 

Chairman GORDON. Mr. Wu appreciates that. 

If there is no further discussion, then the vote occurs on the 

amendment. All in favor, say aye. Those opposed, no. The ayes 

have it, and the amendment is agreed to. 

The second amendment on the roster is an amendment offered 

by the gentleman from Florida, Mr. Grayson. Are you ready to proceed with your amendment? 

Mr. GRAYSON. Yes, Mr. Chairman. 

Chairman GORDON. The Clerk will report the amendment. 

The CLERK. Amendment number 034, amendment to H.R. 3820, 

offered by Mr. Grayson of Florida. 

Chairman GORDON. I ask unanimous consent to dispense with 

the reading. Without objection, so ordered. 

I recognize the gentleman for five minutes to explain his amendment. 

Mr. GRAYSON. Mr. Chairman, this is a technical amendment. 

This has to do with Section 204 of this bill, which establishes the 

National Windstorm Impact Reduction Program and assigns certain activities to certain agencies under the Section C of Section 


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204. Specifically under paragraph 204(c)(4), NOAA is asked under 

this bill as drafted to improve understanding of windstorms and 

their impact on buildings, structures and lifelines. That list, buildings, structures and lifelines, does not include bodies of water. I believe it is important to have NOAA identify the impact of windstorms on bodies of water, particularly in coastal areas but also in 

areas like mine that have many, many lakes. So I am moving to 

amend the bill on the basis stated, which is to add the term ‘‘interaction between windstorms and bodies of water’’ to this list of assignments to NOAA to perform research. 

Thank you. I yield the rest of my time. 

Chairman GORDON. Thank you, Mr. Grayson. Is there further 

discussion on the amendment? 

Mr. BROUN. Mr. Chairman. 

Chairman GORDON. Dr. Broun is recognized. 

Mr. BROUN. I would like to ask Mr. Grayson if this is a bill of 

attainder. I yield back. 

Chairman GORDON. I think we all should. 

Is there further discussion on the amendment? If no, the vote occurs on the amendment. All in favor say aye. Opposed, no. The 

ayes have it. The amendment is agreed to. 

Are there any other amendments? If no, then the vote is on the 

bill, H.R. 3820 as amended. All in favor, say aye. All those opposed, 

no. In the opinion of the Chair, the ayes have it. 

I recognize Mr. Tonko to offer a motion. 

Mr. TONKO. Yes. Mr. Chair, I move that the Committee favorably 

report H.R. 3820 as amended to the House with the recommendation that the bill do pass. Furthermore, I move that the staff be instructed to prepare the legislative report and make necessary technical and conforming changes and that the Chair take all necessary 

steps to bring the bill before the House for consideration. 

Chairman GORDON. The question is now on the motion to report 

the bill favorably. Those in favor of the motion will signify by saying aye. Opposed, no. The ayes have it, and the bill is favorably reported. 

Without objection, the motion to reconsider is laid upon the table. 

Members will have two subsequent calendar days in which to submit supplemental, Minority and additional views on the measure, 

and I want to thank all the Members for being here and taking 

part in this good markup. Thank you. 

[Whereupon, at 11:35 a.m., the Committee was adjourned.] 


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Appendix: 

H.R. 3820, SECTION-BY-SECTION ANALYSIS, AMENDMENT ROSTER


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SECTION-BY-SECTION ANALYSIS OF

H.R. 3820, A BILL TO REAUTHORIZE FEDERAL HAZARDS

REDUCTION PROGRAMS, AND FOR OTHER PURPOSES

Sec. 1. Short Title 

The Natural Hazards Risk Reduction Act of 2009 

Sec. 2. Findings 

The U.S. faces significant risks from many types of hazards, including earthquakes, hurricanes, tornadoes, wildfires, and floods. The risk to life and property 

will continue to grow as more people move to hazard-prone areas. Outlines the damage caused by natural disasters and explains that if stringent building codes were 

enforced, much less damage would occur. More research in other risk mitigation efforts need to be taken, specifically on communications, enhancing prediction abilities, resilient structures, and lifelines. 

Title I. EARTHQUAKES 

Sec. 101. Short Title 

National Earthquake Hazards Reduction Program Reauthorization Act of 2009 

Sec. 102. Findings 

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

7701), which were the original ‘Findings’. 

Sec. 103. Definitions 

Removes the definitions of the ‘‘Interagency Coordination Committee’’ and the 

‘‘Advisory Committee’’ from Section 4 of the National Earthquake Hazards Reduction Act of 1977. 

Sec. 104. National Earthquake Hazards Reduction Program 

Defines the National Earthquake Hazards Reduction Program’s (NEHRP) activities; identifies the four agencies that make up NEHRP: the National Institute of 

Standards and Technology (NIST), the Federal Emergency Management Agency 

(FEMA), the United States Geological Survey (USGS), and the National Science 

Foundation (NSF); defines NIST as the lead agency; and assigns responsibilities to 

the different agencies. 

Program activities include: research and development to reduce the risks of earthquakes to the built environment; research to improve the understanding of earthquakes and their impact on the built environment and society; and facilitation of 

the adoption of earthquake risk reduction measures through grants, technical assistance, development of building standards and guidelines, outreach to practitioners 

and community members, and other means. 

In addition to lead agency responsibilities, NIST shall also support research and 

development to improve codes, standards, and practices for new and existing buildings and lifelines. Such activities also include the development of tools and technical 

resources to help practitioners use new knowledge to mitigate earthquakes. 

FEMA activities include: facilitating the development and adoption of codes, 

standards and practices for new and existing structures and lifelines; the development of tools and methods to predict earthquake damage; and support a public 

earthquake education and public awareness program. FEMA also has the responsibility of a State assistance grant program to assist states in implementing various 

mitigation activities. 

USGS activities shall include research and other means to characterize earthquake hazards, assess earthquake risks, monitor seismic activity, and provide realtime earthquake information. These activities include the continued development of 

the Advanced National Seismic System and the Global Seismographic Network, 

NSF activities shall include the support of basic research to further the understanding of earthquake, earthquake engineering and community preparation and response to earthquakes. Such activities will also include support if the George E. 

Brown, Jr. Network for Engineering and Earthquake Simulation. 

Sec. 105. Post-Earthquake Investigations Program 

NEHRP shall be responsible for a post-earthquake investigations program. The 

lead agency shall be responsible for coordinating such investigations after earthVerDate Nov 24 2008 21:44 Feb 27, 2010 Jkt 089006 PO 00000 Frm 00113 Fmt 6601 Sfmt 6621 E:\HR\OC\HR424P1.XXX HR424P1

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quakes, in order to gather information and data to learn lessons that may be applied to reduce future earthquake losses. 

Sec. 106. Authorization of Appropriations 

Total authorization for FEMA from FY 2010 to FY 2014: $54,354,000 

Total authorization for USGS, including the Advanced National Seismic Research and Monitoring System from FY 2010 to FY 2014: $371,640,000 Total authorization for NSF from FY 2010 to FY 2014: $286,275,000 

Total authorization for NIST from FY 2010 to FY 2014: $39,214,000 

Title II. WIND 

Sec. 201. Short Title 

The National Windstorm Impact Reduction Act Reauthorization of 2009 

Sec. 202. Purpose 

The purpose of the program is to support research, development, and technology 

transfer activities that will lead to a reduction in the loss of life and property from 

windstorms. 

Sec. 203. Definitions 

Amends the Act to define ‘‘Director’’ a the Director of the National Institute of 

Standards and Technology. 

Sec. 204. National Windstorm Impact Reduction Program 

Defines the National Windstorm Impact Reduction Program’s (NWIRP) activities; 

identifies the four agencies that make up NWIRP: the National Institute of Standards and Technology (NIST), the Federal Emergency Management Agency (FEMA), 

the National Oceanic and Atmospheric Administration (NOAA), and the National 

Science Foundation (NSF); defines NIST as the lead agency; and assigns responsibilities to the different agencies. 

Program activities include: research and development on methods and technologies to reduce the risk of windstorms to the built environment; research to improve the understanding of windstorms and their impacts on the built environment 

and communities; and the facilitation of the adoption of windstorm risk reduction 

measures, through development of codes and standards, outreach, and other means. 

In addition to lead agency responsibilities, NIST activities shall also include research and development to: improve codes, standards, and design guidance for the 

construction and retrofit of new and existing structures; support the development 

of wind measurement tools; and the development of methods to collect data after 

severe wind events. 

FEMA activities include: the development of: windstorm impact assessment tools; 

windstorm impact mitigation techniques; data collection and analysis after windstorm events; and outreach to facilitate mitigation measures in communities and 

among building practitioners. 

NOAA activities include the support of: atmospheric science research and data collection to better understand windstorms and their impacts. 

NSF activities include: research to improve the understanding of windstorms, 

their impact on the built environment, and on households, businesses, and communities. 

Sec. 205. Authorization of Appropriations 

Total authorization for FEMA from FY 2010 to FY 2014: $51,403,100 

Total authorization for NSF from FY 2010 to FY 2014: $51,403,100 

Total authorization for NIST from FY 2010 to FY 2014: $21,873,600 

Total authorization for NOAA from FY 2010 to FY 2014: $12,030,500 

Title III. INTERAGENCY COORDINATING COMMITTEE ON NATURAL 

HAZARDS RISK REDUCTION 

Sec. 301. Interagency Coordinating Committee on Natural Hazards Risk 

Reduction 

Establishes an Interagency Committee (ICC) on Natural Hazards Risk Reduction, 

chaired by the Director of the National Institute of Standards and Technology 

(NIST) and comprised also of the Directors of the Federal Emergency Management 

Agency (FEMA), the United States Geological Survey (USGS), the National Oceanic 


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and Atmospheric Administration (NOAA), the National Science Foundation (NSF), 

the Office of Science and Technology Policy (OSTP), the Office of Management and 

Budget (OMB), and the head of any other federal agency the Committee considers 

appropriate. Gives the ICC the responsibility of developing strategic plans, progress 

reports, and coordinated budgets for both the National Earthquake Hazards Reduction Program (NEHRP) and the National Windstorm Impact Reduction Program 

(NWIRP). 

Establishes an Advisory Committees for NEHRP and NWIRP of relevant non-Federal employee experts to offer guidance and recommendations on program activities. 

Requires 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 among the various research activities. 

Title IV. NATIONAL CONSTRUCTION SAFETY TEAM ACT AMENDMENTS 

Sec. 401. National Construction Safety Team Act Amendments 

Amends the National Construction Safety Team Act (P.L. 107–231) to: include infrastructure, as well as buildings and to give the Director of the National Institute 

of Standards and Technology (NIST) 72 hours to decide to deploy a Construction 

Safety Team. 

Title V. FIRE RESEARCH PROGRAM 

Sec. 501. Fire Research Program 

To add to the National Institute of Standards and Technology’s existing fire research authority, research on ‘‘fires at the wildland-urban interface.’’ 


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