108TH CONGRESS

1ST SESSION H. R. 2608

AN ACT

To reauthorize the National Earthquake Hazards

Reduction Program, and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 2608

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,
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1 SECTION 1. SHORT TITLE.

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

3 Hazards Reduction Program Reauthorization Act of

4 2003’’.

5 SEC. 2. DEFINITIONS.

6 Section 4 of the Earthquake Hazards Reduction Act

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

8 at the end the following new paragraphs:

9 ‘‘(8) The term ‘Interagency Coordinating Com10 mittee’ means the Interagency Coordinating Com11 mittee on Earthquake Hazards Reduction estab12 lished under section 5(a).

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

14 Advisory Committee established under section

15 5(a)(5).’’.

16 SEC. 3. NATIONAL EARTHQUAKE HAZARDS REDUCTION

17 PROGRAM.

18 Section 5 of the Earthquake Hazards Reduction Act

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

20 (1) by amending subsection (a) to read as fol21 lows:

22 ‘‘(a) ESTABLISHMENT.—

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

24 National Earthquake Hazards Reduction Program.

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

26 the Program shall be designed to—
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1 ‘‘(A) develop effective measures for earth2 quake hazards reduction;

3 ‘‘(B) promote the adoption of earthquake

4 hazards reduction measures by Federal, State,

5 and local governments, national standards and

6 model code organizations, architects and engi7 neers, building owners, and others with a role

8 in planning and constructing buildings, struc9 tures, and lifelines through—

10 ‘‘(i) grants, contracts, cooperative

11 agreements, and technical assistance;

12 ‘‘(ii) development of standards, guide13 lines, and voluntary consensus codes for

14 earthquake hazards reduction for build15 ings, structures, and lifelines; and

16 ‘‘(iii) development and maintenance of

17 a repository of information, including tech18 nical data, on seismic risk and hazards re19 duction; and

20 ‘‘(C) improve the understanding of earth21 quakes and their effects on communities, build22 ings, structures, and lifelines, through inter23 disciplinary research that involves engineering,

24 natural sciences, and social, economic, and deci25 sions sciences.
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1 ‘‘(3) INTERAGENCY COORDINATING COMMITTEE

2 ON EARTHQUAKE HAZARDS REDUCTION.—

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

4 an Interagency Coordinating Committee on

5 Earthquake Hazards Reduction chaired by the

6 Director of the National Institute of Standards

7 and Technology (referred to in this subsection

8 as the ‘Director’).

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

10 be composed of the directors of—

11 ‘‘(i) the Federal Emergency Manage12 ment Agency;

13 ‘‘(ii) the United States Geological

14 Survey;

15 ‘‘(iii) the National Science Founda16 tion;

17 ‘‘(iv) the Office of Science and Tech18 nology Policy; and

19 ‘‘(v) the Office of Management and

20 Budget.

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

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

23 the Director.

24 ‘‘(D) PURPOSE AND DUTIES.—The Inter25 agency Coordinating Committee shall oversee
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1 the planning, management, and coordination of

2 the Program. The Interagency Coordinating

3 Committee shall—

4 ‘‘(i) develop, not later than 6 months

5 after the date of enactment of this Act,

6 and update periodically—

7 ‘‘(I) a strategic plan that estab8 lishes goals and priorities for the Pro9 gram activities described under sub10 section (a)(2); and

11 ‘‘(II) a detailed management plan

12 to implement such strategic plan; and

13 ‘‘(ii) develop a coordinated inter14 agency budget for the Program that will

15 ensure appropriate balance among the Pro16 gram activities described under subsection

17 (a)(2), and submit such budget to the Di18 rector of the Office of Management and

19 Budget at the time designated by that of20 fice for agencies to submit annual budgets.

21 ‘‘(4) ANNUAL REPORT.—The Interagency Co22 ordinating Committee shall transmit, at the time of

23 the President’s budget request to Congress, an an24 nual report to the Committee on Science and the

25 Committee on Resources of the House of Represent-
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1 atives, and the Committee on Commerce, Science,

2 and Transportation of the Senate. Such report shall

3 include—

4 ‘‘(A) the Program budget for the current

5 fiscal year for each agency that participates in

6 the Program, and for each major goal estab7 lished for the Program activities under subpara8 graph (3)(A);

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

10 next fiscal year for each agency that partici11 pates in the Program, and for each major goal

12 established for the Program activities under

13 subparagraph (3)(A);

14 ‘‘(C) a description of the activities and re15 sults of the Program during the previous year,

16 including an assessment of the effectiveness of

17 the Program in furthering the goals established

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

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

20 the Program has incorporated the recommenda21 tions of the Advisory Committee;

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

23 budgets for the current fiscal year and proposed

24 budgets for the next fiscal year, that are carried

25 out by Program agencies and contribute to the
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1 Program, but are not included in the Program;

2 and

3 ‘‘(F) a description of the activities, includ4 ing budgets for the current fiscal year and pro5 posed budgets for the following fiscal year, re6 lated to the grant program carried out under

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

8 ‘‘(5) ADVISORY COMMITTEE.—

9 ‘‘(A) IN GENERAL.—The Director shall es10 tablish an Advisory Committee on Earthquake

11 Hazards Reduction consisting of non-Federal

12 members, including representatives of research

13 and academic institutions, industry standards

14 development organizations, State and local gov15 ernment, and financial communities who are

16 qualified to provide advice on earthquake haz17 ards reduction. The recommendations of the

18 Advisory Committee shall be considered by Fed19 eral agencies in implementing the Program.

20 ‘‘(B) ASSESSMENT.—The Advisory Com21 mittee shall assess—

22 ‘‘(i) trends and developments in the

23 science and engineering of earthquake haz24 ards reduction;
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1 ‘‘(ii) effectiveness of the Program in

2 carrying out the activities under (a)(2);

3 ‘‘(iii) the need to revise the Program;

4 and

5 ‘‘(iv) the management, coordination,

6 implementation, and activities of the Pro7 gram.

8 ‘‘(C) REPORT.—Not later than 1 year

9 after the date of enactment of this Act and at

10 least once every 2 years thereafter, the Advisory

11 Committee shall report to the Director on its

12 findings of the assessment carried out under

13 subparagraph (B) and its recommendations for

14 ways to improve the Program. In developing

15 recommendations, the Committee shall consider

16 the recommendations of the United States Geo17 logical Survey Scientific Earthquake Studies

18 Advisory Committee.

19 ‘‘(D) FEDERAL ADVISORY COMMITTEE ACT

20 APPLICATION.—Section 14 of the Federal Advi21 sory Committee Act (5 App. U.S.C. 14) shall

22 not apply to the Advisory Committee.’’;

23 (2) in subsection (b)—

24 (A) in paragraph (1)—
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1 (i) by striking ‘‘Federal Emergency

2 Management Agency’’ and all that follows

3 through ‘‘of the Agency’’ and inserting

4 ‘‘National Institute of Standards and

5 Technology shall have the primary respon6 sibility for planning and coordinating the

7 Program. In carrying out this paragraph,

8 the Director of the Institute’’;

9 (ii) by striking subparagraphs (B) and

10 (C) and redesignating subparagraphs (D)

11 and (E) as subparagraphs (C) and (D), re12 spectively;

13 (iii) by inserting after subparagraph

14 (A) the following:

15 ‘‘(B) support the development of perform16 ance-based seismic engineering tools, and work

17 with appropriate groups to promote the com18 mercial application of such tools, through earth19 quake-related building codes, standards, and

20 construction practices;’’;

21 (iv) by striking ‘‘The principal official

22 carrying out the responsibilities described

23 in this paragraph shall be at a level no

24 lower than that of Associate Director.’’;

25 and
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1 (v) in subparagraph (D), as redesig2 nated by clause (ii), by striking ‘‘National

3 Science Foundation, the National Insti4 tutes of Standards and Technology’’ and

5 inserting ‘‘Federal Emergency Manage6 ment Agency, the National Science Foun7 dation’’;

8 (B) in paragraph (2)(A)—

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

10 lead’’ and all that follows through ‘‘Agen11 cy’’ and inserting ‘‘The Director of the

12 Federal Emergency Management Agency

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

14 and

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

16 follows:

17 ‘‘(iii) assist the National Institute of

18 Standards and Technology, other Federal

19 agencies, and private sector groups in the

20 preparation and wide dissemination of

21 building codes and practices for structures

22 and lifelines, and aid in the development of

23 performance based codes for buildings,

24 structures, and lifelines that are cost effec25 tive and affordable;’’;
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1 (C) in paragraph (3)—

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

3 after ‘‘shall conduct research’’;

4 (ii) in subparagraphs (C) and (D), by

5 striking ‘‘the Agency’’ both places it ap6 pears and inserting ‘‘the Director of the

7 Federal Emergency Management Agency

8 and the Director of the National Institute

9 of Standards and Technology’’;

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

11 ‘‘establish, using existing facilities, a Cen12 ter for the International Exchange of

13 Earthquake Information’’ and inserting

14 ‘‘operate, using the National Earthquake

15 Information Center, a forum for the inter16 national exchange of earthquake informa17 tion’’;

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

19 ‘‘Network’’ and inserting ‘‘System’’; and

20 (v) by inserting after subparagraph

21 (H) the following new subparagraphs:

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

23 coordinate Program activities with similar

24 earthquake hazards reduction efforts in other

25 countries, to ensure that the Program benefits
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1 from relevant information and advances in

2 those countries; and

3 ‘‘(J) maintain suitable seismic hazard

4 maps in support of building codes for structures

5 and lifelines, including additional maps needed

6 for performance based design approaches.’’;

7 (D) in paragraph (4)—

8 (i) by redesignating subparagraphs

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

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

11 (ii) by inserting after subparagraph

12 (C) the following:

13 ‘‘(D) support research that improves the

14 safety and performance of buildings, structures,

15 and lifeline systems using large-scale experi16 mental and computational facilities;’’;

17 (iii) in subparagraph (F) (as so redes18 ignated), by striking ‘‘; and’’ and inserting

19 a semicolon; and

20 (iv) by inserting after subparagraph

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

22 ‘‘(G) include to the maximum extent prac23 ticable diverse institutions, including Histori24 cally Black Colleges and Universities and those

25 serving large proportions of Hispanics, Native
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1 Americans, Asian-Pacific Americans, and other

2 underrepresented populations; and’’; and

3 (E) in paragraph (5), by striking ‘‘The

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

5 lead agency responsibilities described under

6 paragraph (1), the National’’; and

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

8 and inserting ‘‘Interagency Coordinating Com9 mittee’’.

10 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

11 (a) Section 12 of the Earthquake Hazards Reduction

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

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

14 (7) the following new paragraph:

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

16 Federal Emergency Management Agency for carrying out

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

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

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

20 shall be made available each such fiscal year for sup21 porting the development of performance-based, cost-effec22 tive, and affordable codes for buildings, structures, and

23 lifelines.’’;

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

25 following: ‘‘There are authorized to be appropriated
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1 to the United States Geological Survey for carrying

2 out this Act $80,000,000 for fiscal year 2004, of

3 which not less than $30,000,000 shall be made

4 available for completion of the Advanced National

5 Seismic Research and Monitoring System established

6 under section 13; $83,500,000 for fiscal year 2005,

7 of which not less than $30,000,000 shall be made

8 available for completion of the Advanced National

9 Seismic Research and Monitoring System established

10 under section 13; $93,000,000 for fiscal year 2006,

11 of which not less than $36,000,000 shall be made

12 available for completion of the Advanced National

13 Seismic Research and Monitoring System established

14 under section 13; such sums as may be necessary for

15 fiscal year 2007, of which not less than $36,000,000

16 shall be made available for completion of the Ad17 vanced National Seismic Research and Monitoring

18 System established under section 13; and such sums

19 as may be necessary for fiscal year 2008, of which

20 not less than $36,000,000 shall be made available

21 for completion of the Advanced National Seismic Re22 search and Monitoring System established under

23 section 13.’’;

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

25 following: ‘‘There are authorized to be appropriated
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1 to the National Science Foundation for carrying out

2 this Act $39,000,000 for fiscal year 2004;

3 $44,000,000 for fiscal year 2005; and $47,500,000

4 for fiscal year 2006.’’; and

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

6 following: ‘‘There are authorized to be appropriated

7 to the National Institute of Standards and Tech8 nology for carrying out this Act $8,000,000 for fis9 cal year 2004; $9,600,000 for fiscal year 2005; and

10 $12,500,000 for fiscal year 2006. Of such amounts

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

12 made available each such fiscal year for supporting

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

14 and affordable codes for buildings, structures, and

15 lifelines.’’.

16 (b) Section 13 of the Earthquake Hazards Reduction

17 Act of 1977 (42 U.S.C. 7707) is amended by striking sub18 section (c).

19 (c) Section 14(b) of the Earthquake Hazards Reduc20 tion Act of 1977 (42 U.S.C. 7708(b)) is amended—

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

22 end; and

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

24 following:

25 ‘‘(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.’’.

Passed the House of Representatives October 1,

2003.

Attest:

Clerk.