II 

Calendar No. 771 

108TH CONGRESS 

2D SESSION H. R. 2608 

[Report No. 108–385] 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 2, 2003 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

OCTOBER 5, 2004 

Reported by Mr. MCCAIN, without amendment 

AN ACT 

To reauthorize the National Earthquake Hazards Reduction 

Program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Earthquake 

5 Hazards Reduction Program Reauthorization Act of 

6 2003’’. 
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1 SEC. 2. DEFINITIONS. 

2 Section 4 of the Earthquake Hazards Reduction Act 

3 of 1977 (42 U.S.C. 7701 et seq.) is amended by adding 

4 at the end the following new paragraphs: 

5 ‘‘(8) The term ‘Interagency Coordinating Com6 mittee’ means the Interagency Coordinating Com7 mittee on Earthquake Hazards Reduction estab8 lished under section 5(a). 

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

10 Advisory Committee established under section 

11 5(a)(5).’’. 

12 SEC. 3. NATIONAL EARTHQUAKE HAZARDS REDUCTION 

13 PROGRAM. 

14 Section 5 of the Earthquake Hazards Reduction Act 

15 of 1977 (42 U.S.C. 7704(b)) is amended— 

16 (1) by amending subsection (a) to read as fol17 lows: 

18 ‘‘(a) ESTABLISHMENT.— 

19 ‘‘(1) IN GENERAL.—There is established the 

20 National Earthquake Hazards Reduction Program. 

21 ‘‘(2) PROGRAM ACTIVITIES.—The activities of 

22 the Program shall be designed to— 

23 ‘‘(A) develop effective measures for earth24 quake hazards reduction; 

25 ‘‘(B) promote the adoption of earthquake 

26 hazards reduction measures by Federal, State, 
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1 and local governments, national standards and 

2 model code organizations, architects and engi3 neers, building owners, and others with a role 

4 in planning and constructing buildings, struc5 tures, and lifelines through— 

6 ‘‘(i) grants, contracts, cooperative 

7 agreements, and technical assistance; 

8 ‘‘(ii) development of standards, guide9 lines, and voluntary consensus codes for 

10 earthquake hazards reduction for build11 ings, structures, and lifelines; and 

12 ‘‘(iii) development and maintenance of 

13 a repository of information, including tech14 nical data, on seismic risk and hazards re15 duction; and 

16 ‘‘(C) improve the understanding of earth17 quakes and their effects on communities, build18 ings, structures, and lifelines, through inter19 disciplinary research that involves engineering, 

20 natural sciences, and social, economic, and deci21 sions sciences. 

22 ‘‘(3) INTERAGENCY COORDINATING COMMITTEE

23 ON EARTHQUAKE HAZARDS REDUCTION.— 

24 ‘‘(A) IN GENERAL.—There is established 

25 an Interagency Coordinating Committee on 
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1 Earthquake Hazards Reduction chaired by the 

2 Director of the National Institute of Standards 

3 and Technology (referred to in this subsection 

4 as the ‘Director’). 

5 ‘‘(B) MEMBERSHIP.—The committee shall 

6 be composed of the directors of— 

7 ‘‘(i) the Federal Emergency Manage8 ment Agency; 

9 ‘‘(ii) the United States Geological 

10 Survey; 

11 ‘‘(iii) the National Science Founda12 tion; 

13 ‘‘(iv) the Office of Science and Tech14 nology Policy; and 

15 ‘‘(v) the Office of Management and 

16 Budget. 

17 ‘‘(C) MEETINGS.—The Committee shall 

18 meet not less than 3 times a year at the call of 

19 the Director. 

20 ‘‘(D) PURPOSE AND DUTIES.—The Inter21 agency Coordinating Committee shall oversee 

22 the planning, management, and coordination of 

23 the Program. The Interagency Coordinating 

24 Committee shall— 
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1 ‘‘(i) develop, not later than 6 months 

2 after the date of enactment of this Act, 

3 and update periodically— 

4 ‘‘(I) a strategic plan that estab5 lishes goals and priorities for the Pro6 gram activities described under sub7 section (a)(2); and 

8 ‘‘(II) a detailed management plan 

9 to implement such strategic plan; and 

10 ‘‘(ii) develop a coordinated inter11 agency budget for the Program that will 

12 ensure appropriate balance among the Pro13 gram activities described under subsection 

14 (a)(2), and submit such budget to the Di15 rector of the Office of Management and 

16 Budget at the time designated by that of17 fice for agencies to submit annual budgets. 

18 ‘‘(4) ANNUAL REPORT.—The Interagency Co19 ordinating Committee shall transmit, at the time of 

20 the President’s budget request to Congress, an an21 nual report to the Committee on Science and the 

22 Committee on Resources of the House of Represent23 atives, and the Committee on Commerce, Science, 

24 and Transportation of the Senate. Such report shall 

25 include— 
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1 ‘‘(A) the Program budget for the current 

2 fiscal year for each agency that participates in 

3 the Program, and for each major goal estab4 lished for the Program activities under subpara5 graph (3)(A); 

6 ‘‘(B) the proposed Program budget for the 

7 next fiscal year for each agency that partici8 pates in the Program, and for each major goal 

9 established for the Program activities under 

10 subparagraph (3)(A); 

11 ‘‘(C) a description of the activities and re12 sults of the Program during the previous year, 

13 including an assessment of the effectiveness of 

14 the Program in furthering the goals established 

15 in the strategic plan under (3)(A); 

16 ‘‘(D) a description of the extent to which 

17 the Program has incorporated the recommenda18 tions of the Advisory Committee; 

19 ‘‘(E) a description of activities, including 

20 budgets for the current fiscal year and proposed 

21 budgets for the next fiscal year, that are carried 

22 out by Program agencies and contribute to the 

23 Program, but are not included in the Program; 

24 and 
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1 ‘‘(F) a description of the activities, includ2 ing budgets for the current fiscal year and pro3 posed budgets for the following fiscal year, re4 lated to the grant program carried out under 

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

6 ‘‘(5) ADVISORY COMMITTEE.— 

7 ‘‘(A) IN GENERAL.—The Director shall es8 tablish an Advisory Committee on Earthquake 

9 Hazards Reduction consisting of non-Federal 

10 members, including representatives of research 

11 and academic institutions, industry standards 

12 development organizations, State and local gov13 ernment, and financial communities who are 

14 qualified to provide advice on earthquake haz15 ards reduction. The recommendations of the 

16 Advisory Committee shall be considered by Fed17 eral agencies in implementing the Program. 

18 ‘‘(B) ASSESSMENT.—The Advisory Com19 mittee shall assess— 

20 ‘‘(i) trends and developments in the 

21 science and engineering of earthquake haz22 ards reduction; 

23 ‘‘(ii) effectiveness of the Program in 

24 carrying out the activities under (a)(2); 
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1 ‘‘(iii) the need to revise the Program; 

2 and 

3 ‘‘(iv) the management, coordination, 

4 implementation, and activities of the Pro5 gram. 

6 ‘‘(C) REPORT.—Not later than 1 year 

7 after the date of enactment of this Act and at 

8 least once every 2 years thereafter, the Advisory 

9 Committee shall report to the Director on its 

10 findings of the assessment carried out under 

11 subparagraph (B) and its recommendations for 

12 ways to improve the Program. In developing 

13 recommendations, the Committee shall consider 

14 the recommendations of the United States Geo15 logical Survey Scientific Earthquake Studies 

16 Advisory Committee. 

17 ‘‘(D) FEDERAL ADVISORY COMMITTEE ACT

18 APPLICATION.—Section 14 of the Federal Advi19 sory Committee Act (5 App. U.S.C. 14) shall 

20 not apply to the Advisory Committee.’’; 

21 (2) in subsection (b)— 

22 (A) in paragraph (1)— 

23 (i) by striking ‘‘Federal Emergency 

24 Management Agency’’ and all that follows 

25 through ‘‘of the Agency’’ and inserting 
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1 ‘‘National Institute of Standards and 

2 Technology shall have the primary respon3 sibility for planning and coordinating the 

4 Program. In carrying out this paragraph, 

5 the Director of the Institute’’; 

6 (ii) by striking subparagraphs (B) and 

7 (C) and redesignating subparagraphs (D) 

8 and (E) as subparagraphs (C) and (D), re9 spectively; 

10 (iii) by inserting after subparagraph 

11 (A) the following: 

12 ‘‘(B) support the development of perform13 ance-based seismic engineering tools, and work 

14 with appropriate groups to promote the com15 mercial application of such tools, through earth16 quake-related building codes, standards, and 

17 construction practices;’’; 

18 (iv) by striking ‘‘The principal official 

19 carrying out the responsibilities described 

20 in this paragraph shall be at a level no 

21 lower than that of Associate Director.’’; 

22 and 

23 (v) in subparagraph (D), as redesig24 nated by clause (ii), by striking ‘‘National 

25 Science Foundation, the National Insti-
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1 tutes of Standards and Technology’’ and 

2 inserting ‘‘Federal Emergency Manage3 ment Agency, the National Science Foun4 dation’’; 

5 (B) in paragraph (2)(A)— 

6 (i) by striking ‘‘In addition to the 

7 lead’’ and all that follows through ‘‘Agen8 cy’’ and inserting ‘‘The Director of the 

9 Federal Emergency Management Agency 

10 (in this Act referred to as the ‘Agency’)’’; 

11 and 

12 (ii) by amending clause (iii) to read as 

13 follows: 

14 ‘‘(iii) assist the National Institute of 

15 Standards and Technology, other Federal 

16 agencies, and private sector groups in the 

17 preparation and wide dissemination of 

18 building codes and practices for structures 

19 and lifelines, and aid in the development of 

20 performance based codes for buildings, 

21 structures, and lifelines that are cost effec22 tive and affordable;’’; 

23 (C) in paragraph (3)— 

24 (i) by inserting ‘‘and other activities’’ 

25 after ‘‘shall conduct research’’; 
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1 (ii) in subparagraphs (C) and (D), by 

2 striking ‘‘the Agency’’ both places it ap3 pears and inserting ‘‘the Director of the 

4 Federal Emergency Management Agency 

5 and the Director of the National Institute 

6 of Standards and Technology’’; 

7 (iii) in subparagraph (E), by striking 

8 ‘‘establish, using existing facilities, a Cen9 ter for the International Exchange of 

10 Earthquake Information’’ and inserting 

11 ‘‘operate, using the National Earthquake 

12 Information Center, a forum for the inter13 national exchange of earthquake informa14 tion’’; 

15 (iv) in subparagraph (F), by striking 

16 ‘‘Network’’ and inserting ‘‘System’’; and 

17 (v) by inserting after subparagraph 

18 (H) the following new subparagraphs: 

19 ‘‘(I) work with other Program agencies to 

20 coordinate Program activities with similar 

21 earthquake hazards reduction efforts in other 

22 countries, to ensure that the Program benefits 

23 from relevant information and advances in 

24 those countries; and 
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1 ‘‘(J) maintain suitable seismic hazard 

2 maps in support of building codes for structures 

3 and lifelines, including additional maps needed 

4 for performance based design approaches.’’; 

5 (D) in paragraph (4)— 

6 (i) by redesignating subparagraphs 

7 (D), (E), and (F) as subparagraphs (E), 

8 (F), and (H), respectively; 

9 (ii) by inserting after subparagraph 

10 (C) the following: 

11 ‘‘(D) support research that improves the 

12 safety and performance of buildings, structures, 

13 and lifeline systems using large-scale experi14 mental and computational facilities;’’; 

15 (iii) in subparagraph (F) (as so redes16 ignated), by striking ‘‘; and’’ and inserting 

17 a semicolon; and 

18 (iv) by inserting after subparagraph 

19 (F) (as so redesignated) the following: 

20 ‘‘(G) include to the maximum extent prac21 ticable diverse institutions, including Histori22 cally Black Colleges and Universities and those 

23 serving large proportions of Hispanics, Native 

24 Americans, Asian-Pacific Americans, and other 

25 underrepresented populations; and’’; and 
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1 (E) in paragraph (5), by striking ‘‘The 

2 National’’ and inserting ‘‘In addition to the 

3 lead agency responsibilities described under 

4 paragraph (1), the National’’; and 

5 (3) in subsection (c)(1), by striking ‘‘Agency’’ 

6 and inserting ‘‘Interagency Coordinating Com7 mittee’’. 

8 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) Section 12 of the Earthquake Hazards Reduction 

10 Act of 1977 (42 U.S.C. 7706) is amended— 

11 (1) in subsection (a), by adding after paragraph 

12 (7) the following new paragraph: 

13 ‘‘(8) There are authorized to be appropriated to the 

14 Federal Emergency Management Agency for carrying out 

15 this Act $19,000,000 for fiscal year 2004; $21,000,000 

16 for fiscal year 2005; and $23,000,000 for fiscal year 2006. 

17 Of such amounts appropriated, not less than $3,000,000 

18 shall be made available each such fiscal year for sup19 porting the development of performance-based, cost-effec20 tive, and affordable codes for buildings, structures, and 

21 lifelines.’’; 

22 (2) in subsection (b), by adding at the end the 

23 following: ‘‘There are authorized to be appropriated 

24 to the United States Geological Survey for carrying 

25 out this Act $80,000,000 for fiscal year 2004, of 
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1 which not less than $30,000,000 shall be made avail2 able for completion of the Advanced National Seismic 

3 Research and Monitoring System established under 

4 section 13; $83,500,000 for fiscal year 2005, of which 

5 not less than $30,000,000 shall be made available for 

6 completion of the Advanced National Seismic Re7 search and Monitoring System established under sec8 tion 13; $93,000,000 for fiscal year 2006, of which 

9 not less than $36,000,000 shall be made available for 

10 completion of the Advanced National Seismic Re11 search and Monitoring System established under sec12 tion 13; such sums as may be necessary for fiscal 

13 year 2007, of which not less than $36,000,000 shall 

14 be made available for completion of the Advanced Na15 tional Seismic Research and Monitoring System es16 tablished under section 13; and such sums as may 

17 be necessary for fiscal year 2008, of which not less 

18 than $36,000,000 shall be made available for comple19 tion of the Advanced National Seismic Research and 

20 Monitoring System established under section 13.’’; 

21 (3) in subsection (c), by adding at the end the 

22 following: ‘‘There are authorized to be appropriated 

23 to the National Science Foundation for carrying out 

24 this Act $39,000,000 for fiscal year 2004; 
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1 $44,000,000 for fiscal year 2005; and $47,500,000 

2 for fiscal year 2006.’’; and 

3 (4) in subsection (d) by adding at the end the 

4 following: ‘‘There are authorized to be appropriated 

5 to the National Institute of Standards and Tech6 nology for carrying out this Act $8,000,000 for fis7 cal year 2004; $9,600,000 for fiscal year 2005; and 

8 $12,500,000 for fiscal year 2006. Of such amounts 

9 appropriated, not less than $2,000,000 shall be 

10 made available each such fiscal year for supporting 

11 the development of performance-based, cost-effective, 

12 and affordable codes for buildings, structures, and 

13 lifelines.’’. 

14 (b) Section 13 of the Earthquake Hazards Reduction 

15 Act of 1977 (42 U.S.C. 7707) is amended by striking sub16 section (c). 

17 (c) Section 14(b) of the Earthquake Hazards Reduc18 tion Act of 1977 (42 U.S.C. 7708(b)) is amended— 

19 (1) in paragraph (3) by striking ‘‘and’’ at the 

20 end; and 

21 (2) by striking paragraph (4) and inserting the 

22 following: 

23 ‘‘(4) $8,000,000 for fiscal year 2004; 
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1 ‘‘(5) $20,000,000 for fiscal year 2005, all 

2 of which shall be available for operations and 

3 maintenance; and 

4 ‘‘(6) $20,000,000 for fiscal year 2006, all 

5 of which shall be available for operations and 

6 maintenance.’’. 

Calendar No. 771 

108TH CONGRESS 

2D SESSION H. R. 2608 

[Report No. 108–385] 

AN ACT 

To reauthorize the National Earthquake Hazards 

Reduction Program, and for other purposes. 

OCTOBER 5, 2004 

Reported without amendment