19–006

108TH CONGRESS REPT. 108–246 " HOUSE OF REPRESENTATIVES ! 1st Session Part 1

NATIONAL EARTHQUAKE HAZARDS REDUCTION 

PROGRAM REAUTHORIZATION ACT OF 2003

AUGUST 14, 2003.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. BOEHLERT, from the Committee on Science, 

submitted the following 

R E P O R T 

[To accompany H.R. 2608] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Science, to whom was referred the bill (H.R. 

2608) to reauthorize the National Earthquake Hazards Reduction 

Program, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that 

the bill as amended do pass.

CONTENTS 

Page 

I. Amendment ................................................................................................. 2

II. Purpose of the Bill ...................................................................................... 5

III. Background and Need for the Legislation ................................................ 5

IV. Summary of Hearing .................................................................................. 6

V. Committee Actions ...................................................................................... 7

VI. Summary of Major Provisions of the Bill .................................................. 7

VII. Section-by-Section Analysis (by Title and Section) .................................. 8

VIII. Committee Views ........................................................................................ 9

IX. Cost Estimate .............................................................................................. 14

X. Congressional Budget Office Cost Estimate ............................................. 15

XI. Compliance With Public Law 104–4 (Unfunded Mandates) .................... 16

XII. Committee Oversight Findings and Recommendations ........................... 16

XIII. Statement on General Performance Goals and Objectives ...................... 16

XIV. Constitutional Authority Statement .......................................................... 17

XV. Federal Advisory Committee Statement ................................................... 17

XVI. Congressional Accountability Act .............................................................. 17

XVII. Statement on Preemption of State, Local, or Tribal Law ........................ 17

XVIII. Changes in Existing Law Made by the Bill, as Reported ........................ 17

XIX. Committee Recommendations .................................................................... 26

XX. Exchange of Committee Correspondence .................................................. 26

XXI. Proceedings of Full Committee Markup .................................................... 27

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I. AMENDMENT

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 ‘‘National Earthquake Hazards Reduction Program 

Reauthorization Act of 2003’’. 

SEC. 2. DEFINITIONS. 

Section 4 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et 

seq.) is amended by adding at the end the following new paragraphs: ‘‘(8) The term ‘Interagency Coordinating Committee’ means the Interagency 

Coordinating Committee on Earthquake Hazards Reduction established under 

section 5(a). 

‘‘(9) The term ‘Advisory Committee’ means the Advisory Committee established under section 5(a)(5).’’. 

SEC. 3. NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM. 

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

is amended—

(1) by amending subsection (a) to read as follows: 

‘‘(a) ESTABLISHMENT.—

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

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

to—

‘‘(A) develop effective measures for earthquake hazards reduction; 

‘‘(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—

‘‘(i) grants, contracts, cooperative agreements, and technical assistance; 

‘‘(ii) development of standards, guidelines, and voluntary consensus 

codes for earthquake hazards reduction for buildings, structures, and 

lifelines; and 

‘‘(iii) development and maintenance of a repository of information, including technical data, on seismic risk and hazards reduction; and 

‘‘(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. 

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

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

Committee on Earthquake Hazards Reduction chaired by the Director of 

the National Institute of Standards and Technology (referred to in this subsection as the ‘Director’). 

‘‘(B) MEMBERSHIP.—The committee shall be composed of the directors of—

‘‘(i) the Federal Emergency Management Agency; 

‘‘(ii) the United States Geological Survey; 

‘‘(iii) the National Science Foundation; 

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

‘‘(v) the Office of Management and Budget. 

‘‘(C) MEETINGS.—The Committee shall meet not less than 3 times a year 

at the call of the Director. 

‘‘(D) PURPOSE AND DUTIES.—The Interagency Coordinating Committee 

shall oversee the planning, management, and coordination of the Program. 

The Interagency Coordinating Committee shall—

‘‘(i) develop, not later than 6 months after the date of enactment of 

this Act, and update periodically—

‘‘(I) a strategic plan that establishes goals and priorities for the 

Program activities described under subsection (a)(2); and 

‘‘(II) a detailed management plan to implement such strategic 

plan; and 

‘‘(ii) develop a coordinated interagency budget for the Program that 

will ensure appropriate balance among the Program activities described 

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under subsection (a)(2), and 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. ‘‘(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— ‘‘(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); ‘‘(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); ‘‘(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); ‘‘(D) a description of the extent to which the Program has incorporated 

the recommendations of the Advisory Committee; ‘‘(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 

‘‘(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). 

‘‘(5) ADVISORY COMMITTEE.—

‘‘(A) IN GENERAL.—The Director shall establish an Advisory Committee on 

Earthquake Hazards Reduction consisting of non-Federal members, 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. The recommendations of the Advisory Committee shall be considered by Federal agencies in implementing the Program. 

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

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

‘‘(ii) effectiveness of the Program in carrying out the activities under 

(a)(2); 

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

‘‘(iv) the management, coordination, implementation, and activities of 

the Program. 

‘‘(C) REPORT.—Not later than 1 year after the date of enactment of this 

Act 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. 

‘‘(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) in subsection (b)—

(A) in paragraph (1)—

(i) by striking ‘‘Federal Emergency Management Agency’’ and all that 

follows through ‘‘of the Agency’’ and inserting ‘‘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’’; 

(ii) by striking subparagraphs (B) and (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; 

(iii) by inserting after subparagraph (A) the following: 

‘‘(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;’’; and 

(iv) by striking ‘‘The principal official carrying out the responsibilities 

described in this paragraph shall be at a level no lower than that of 

Associate Director.’’; and 

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(v) in subparagraph (D), as redesignated by clause (ii), by striking 

‘‘National Science Foundation, the National Institutes of Standards and 

Technology’’ and inserting ‘‘Federal Emergency Management Agency, 

the National Science Foundation’’; 

(B) in paragraph (2)(A)—

(i) by striking ‘‘In addition to the lead’’ and all that follows through 

‘‘Agency’’ and inserting ‘‘The Director of the Federal Emergency Management Agency (in this Act referred to as the ‘Agency’)’’; and 

(ii) by amending clause (iii) to read as follows: 

‘‘(iii) assist the National Institute of Standards and Technology, other 

Federal agencies, and private sector groups in the preparation and 

wide dissemination of building codes and practices for structures and 

lifelines, and aid in the development of performance based codes for 

buildings, structures, and lifelines that are cost effective and affordable;’’; 

(C) in paragraph (3)—

(i) by inserting ‘‘and other activities’’ after ‘‘shall conduct research’’; 

(ii) in subparagraphs (C) and (D), by striking ‘‘the Agency’’ both 

places it appears and inserting ‘‘the Director of the Federal Emergency 

Management Agency and the Director of the National Institute of 

Standards and Technology’’; 

(iii) in subparagraph (E), by striking ‘‘establish, using existing facilities, a Center for the International Exchange of Earthquake Information’’ and inserting ‘‘operate, using the National Earthquake Information Center, a forum for the international exchange of earthquake information’’; 

(iv) in subparagraph (F), by striking ‘‘Network’’ and inserting ‘‘System’’; and 

(v) by inserting after subparagraph (H) the following new subparagraphs: 

‘‘(I) work with other Program agencies to coordinate Program activities 

with similar eathquake hazards reduction efforts in other countries, to ensure that the Program benefits from relevant information and advances in 

those countries; and 

‘‘(J) maintain suitable seismic hazard maps in support of building codes 

for structures and lifelines, including additional maps needed for performance based design approaches.’’; 

(D) in paragraph (4)—

(i) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (E), (F), and (H), respectively; 

(ii) by inserting after subparagraph (C) the following: 

‘‘(D) support research that improves the safety and performance of buildings, structures, and lifeline systems using large-scale experimental and 

computational facilities;’’; 

(iii) in subparagraph (F) (as so redesignated), by striking ‘‘; and’’ and 

inserting a semicolon; and 

(iv) by inserting after subparagraph (F) (as so redesignated) the following: 

‘‘(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’’; and 

(E) in paragraph (5), by striking ‘‘The National’’ and inserting ‘‘In addition to the lead agency responsibilities described under paragraph (1), the 

National’’; and 

(3) in subsection (c)(1), by striking ‘‘Agency’’ and inserting ‘‘Interagency Coordinating Committee’’. 

SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

(a) Section 12 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706) 

is amended—

(1) in subsection (a), by adding after paragraph (7) the following new paragraph: 

‘‘(8) There are authorized to be appropriated to the Federal Emergency Management Agency for carrying out this Act $19,000,000 for fiscal year 2004; $21,000,000 

for fiscal year 2005; and $23,000,000 for fiscal year 2006. Of such amounts appropriated, not less than $3,000,000 shall be made available each such fiscal year for 

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

codes for buildings, structures, and lifelines.’’; 

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(2) in subsection (b), by adding at the end the following: ‘‘There are authorized to be appropriated to the United States Geological Survey for carrying out 

this Act $80,000,000 for fiscal year 2004, of which not less than $30,000,000 

shall be made available for completion of the Advanced National Seismic Research and Monitoring System established under section 13; $83,500,000 for fiscal year 2005, of which not less than $30,000,000 shall be made available for 

completion of the Advanced National Seismic Research and Monitoring System 

established under section 13; $93,000,000 for fiscal year 2006, of which not less 

than $36,000,000 shall be made available for completion of the Advanced National Seismic Research and Monitoring System established under section 13; 

such sums as may be necessary for fiscal year 2007, of which not less than 

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

Seismic Research and Monitoring System established under section 13; and 

such sums as may be necessary for fiscal year 2008, of which not less than 

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

Seismic Research and Monitoring System established under section 13.’’; 

(3) in subsection (c), by adding at the end the following: ‘‘There are authorized 

to be appropriated to the National Science Foundation for carrying out this Act 

$39,000,000 for fiscal year 2004; $44,000,000 for fiscal year 2005; and 

$47,500,000 for fiscal year 2006.’’; and 

(4) in subsection (d) by adding at the end the following: ‘‘There are authorized 

to be appropriated to the National Institute of Standards and Technology for 

carrying out this Act $8,000,000 for fiscal year 2004; $9,600,000 for fiscal year 

2005; and $12,500,000 for fiscal year 2006. Of such amounts appropriated, not 

less than $2,000,000 shall be made available each such fiscal year for supporting the development of performance-based, cost-effective, and affordable 

codes for buildings, structures, and lifelines.’’. 

(b) Section 13 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7707) 

is amended by striking subsection (c). 

(c) Section 14(b) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 

7708(b)) is amended—

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

(2) by striking paragraph (4) and inserting the following: 

‘‘(4) $8,000,000 for fiscal year 2004; 

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

operations and maintenance; and 

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

operations and maintenance.’’.

II. PURPOSE OF THE BILL

The purpose of the bill is to reauthorize the National Earthquake 

Hazards Reduction Program (NEHRP), to authorize appropriations 

for this multi-agency program at the Federal Emergency Management Agency (FEMA), U.S. Geological Survey (USGS), National 

Science Foundation (NSF), and National Institute of Standards and 

Technology (NIST), and to improve the coordination of the Program 

among these agencies. 

III. BACKGROUND AND NEED FOR THE LEGISLATION

Damaging earthquakes are inevitable, if infrequent. Most states 

face at least some danger from earthquakes, and total annualized 

damages in the United States are estimated to be about $4.4 billion 

in direct financial losses (due to such costs as repair expenses, inventory loss, and business interruption). The 1994 Northridge 

earthquake in California (magnitude 6.7) was the most costly in 

U.S. history, causing over $40 billion in damage. 

Congress created NEHRP in 1977 (P.L. 95–124) in response to 

growing concerns about the threat of damaging earthquakes. The 

Program was originally focused on research into geotechnical and 

structural engineering and earthquake prediction. Over time, researchers recognized that earthquake prediction was an unrealistic 

goal, and that focus was significantly de-emphasized within 

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NEHRP, while efforts were expanded to include activities such as 

seismic retrofitting and rehabilitation, risk assessment, public education and outreach, and code development. 

Currently the agency responsibilities within NEHRP include: 

FEMA—overall coordination of the Program, education and 

outreach, and implementation of research results; 

USGS—basic and applied earth science and seismic research; 

NSF—basic research in geoscience, engineering, economic, 

and social aspects of earthquakes; 

NIST—problem-focused earthquake engineering research 

and development programs aimed at improving building design 

codes and construction standards. 

The Program has achieved significant success since inception. 

Loss of life and injuries sustained from earthquakes have decreased substantially, seismic risk assessment capabilities have improved significantly, and technological advances in areas such as 

performance-based engineering, information technology, and sensing and imaging have provided valuable knowledge and tools for 

mitigating earthquake hazards. 

New knowledge and tools, however, have not translated into decreased overall vulnerability. End-user adoption of NEHRP innovations has been incremental and slower than expected. The cost of 

rehabilitating existing structures to improve earthquake resistance 

is often too high, as is the cost of engineering new structures to 

minimize seismic risk. The private sector has not had adequate incentives to take steps to address these challenges. 

This slow implementation of new mitigation technologies, combined with continued widespread development in areas of high seismic risk, has resulted in a rapid and steady increase in societal 

vulnerability to a major earthquake event. Potential loss estimates 

of a future large earthquake in a major U.S. urban area now approach $200 billion. 

IV. SUMMARY OF HEARINGS

On May 8, 2003, the Research Subcommittee of the House 

Science Committee held a hearing to examine the past, present, 

and future of NEHRP. The Committee heard testimony from the 

Administrator of the Federal Insurance Mitigation Administration 

(FIMA), a division of the Emergency Preparedness and Response 

Directorate (formerly FEMA) of the Department of Homeland Security and from industrial and academic experts on earthquake hazards mitigation, civil engineering, and seismology. The Committee 

also received written testimony from USGS, NSF, and NIST. At the 

hearing, FIMA presented to the Subcommittee the NEHRP FiveYear Strategic Plan for 2001 through 2005, Expanding and Using 

Knowledge to Reduce Earthquake Losses (FEMA 382). Witnesses 

discussed the status of NEHRP, the appropriate level of funding for 

the Program, and priorities among the Program’s various research 

and mitigation activities. They also discussed shortcomings in 

NEHRP strategic planning and coordination and offered suggestions for how to foster a more unified effort to reduce earthquake 

hazards. Finally, they discussed the need to accelerate the implementation of knowledge and tools developed from earthquake-related research. 

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V. COMMITTEE ACTIONS

On June 26, 2003, Science Committee Research Subcommittee 

Chairman Nick Smith of Michigan and Representative Brian Baird 

of Washington introduced H.R. 2608, the National Earthquake 

Hazards Reduction Program Reauthorization Act of 2003. The bill 

was referred to the Committee on Science and the Committee on 

Resources, Subcommittee on Energy and Mineral Resources. 

The Full Committee on Science met on Tuesday, July 22, 2003, 

to consider the bill. 

• An amendment was offered by Research Subcommittee Chairman Smith which made several small revisions to the bill, including requiring the annual report to Congress to include information 

about FEMA’s State assistance grant program, adding language 

further clarifying the agencies’ NEHRP responsibilities, and setting 

aside specified amounts of the authorized funds at NIST and 

FEMA for supporting the development of performance-based, costeffective, and affordable codes for buildings, structures, and lifelines. The amendment was adopted by a voice vote. 

• An amendment was offered by Mr. Hall of Texas on behalf of 

Ms. Jackson-Lee of Texas to ensure that NSF’s activities under 

NEHRP will include the Nation’s colleges and universities serving 

under-represented populations. The amendment was adopted by a 

voice vote. 

• An amendment was offered by Mr. Moore of Kansas to add a 

new title to the bill establishing a research and mitigation program 

on hurricane, tornado, and related hazards. A motion to withdraw 

the amendment by Mr. Moore was agreed to by unanimous consent. 

Mr. Hall moved that the Committee favorably report the bill, 

H.R. 2608, as amended, to the House with the recommendation 

that the bill as amended do pass, and that the staff be instructed 

to make technical and conforming changes to the bill as amended 

and prepare the legislative report and that the Chairman take all 

necessary steps to bring the bill before the House for consideration. 

With a quorum present, the motion was agreed to by a voice vote. 

VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL

• Reauthorizes the National Earthquake Hazards Reduction Program (NEHRP) for fiscal years (FYs) 2004 through 2006 to coordinate multi-agency efforts to understand earthquake impact and reduce the hazards associated with earthquakes. Revises Program activities to (1) develop effective measures for earthquake hazards reduction; (2) promote the adoption of these measures by Federal, 

State, and local governments, national standards and model code 

organizations, architects and engineers, building owners, and other 

relevant stakeholders; and (3) improve the understanding of earthquakes and their effects on buildings, structures, and lifelines. 

• Establishes an Interagency Coordinating Committee (ICC), and 

designates the Director of NIST as the Chair of the Committee, 

transferring leadership of the Program from FEMA to NIST. Requires the Committee to develop, and update periodically, both a 

strategic plan and a management plan for implementation of the 

strategic plan. Also requires the Committee to develop a single, coordinated, interagency budget for the Program to be submitted to 

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the Office of Management and Budget each year prior to the deadline for agency budget submissions. 

• Authorizes appropriations for FEMA of $19,000,000 for FY 

2004, $21,000,000 for FY 2005, and $23,000,000 for FY 2006. Authorizes appropriations for NIST of $8,000,000 for FY 2004, 

$9,600,000 for FY 2005, and $12,500,000 for FY 2006. Authorizes 

appropriations for USGS of $80,000,000 for FY 2004, $83,500,000 

for FY 2005, and $93,000,000 for FY 2006. Authorizes appropriations for base NEHRP activities at NSF of $39,000,000 for FY 

2004, $44,000,000 for FY 2005, and $47,500,000 for FY 2006. Authorizes appropriations for the Network for Earthquake Engineering Simulation (NEES), a Major Research Equipment and Facilities 

Construction project within NSF, of $8,000,000 for FY 2004, and 

for Operation and Maintenance of NEES of $20,000,000 for FY 

2005, and $20,000,000 for FY 2006. Total authorization of appropriations for all Program agencies through fiscal year 2006 is $528 

million. 

• Directs the ICC to transmit to Congress an annual report, to 

include the NEHRP budget for the current and upcoming fiscal 

years for each NEHRP agency and a description of the activities of 

the Program during the previous year. • Directs the Director of NIST to establish an external advisory 

committee for NEHRP on earthquake hazards reduction consisting 

of non-federal members representing research and academic institutions, industry, standards development organizations, State and 

local government, and financial communities. Requires the Advisory Committee to report its findings and recommendations. 

VII. SECTION-BY-SECTION ANALYSIS (BY TITLE AND SECTION) 

Section 1. Short title 

‘‘National Earthquake Hazards Reduction Program Reauthorization Act of 2003.’’

Section 2. Definitions 

Defines terms used in the text. 

Section 3. National Earthquake Hazards Reduction Program 

(NEHRP) 

Reauthorizes NEHRP to coordinate multi-agency efforts to understand earthquake impact and reduce the hazards associated 

with earthquakes. Requires the Program to develop effective measures for earthquake hazards reduction; promote the adoption of 

these measures by Federal, State, and local governments, national 

standards and model code organizations, architects and engineers, 

building owners, and other relevant stakeholders; and improve the 

understanding of earthquakes and their effects on buildings, structures, and lifelines. 

Establishes an Interagency Coordinating Committee, composed of 

the directors of NIST, FEMA, USGS, NSF, the Office of Science 

and Technology Policy, and the Office of Management and Budget. 

Designates the Director of NIST as the Chair of the Committee, 

and tasks the Committee with oversight, planning, management, 

and coordination of the Program. Requires the Committee to develop, and update periodically, a strategic plan establishing the 

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goals and priorities for the Program, and a management plan for 

implementation of the strategic plan. Also requires the Committee 

to develop a single, coordinated, interagency budget for the Program to be submitted to the Office of Management and Budget 

each year prior to the deadline for agency budget submissions. 

Directs the Committee to transmit to Congress an annual report 

on the Program at the time of the President’s budget request. Requires the report to include: the Program budget for the current 

and upcoming fiscal years for each NEHRP agency; a description 

of the activities of the Program during the previous year, including 

the effectiveness of the Program in furthering the goals established 

in the strategic plan; a description of the extent to which the Program has incorporated the recommendations of the Advisory Committee established in this Section; and a description of the activities and budget for the FEMA state assistance grant program. 

Requires the Director of NIST to establish an external advisory 

committee for NEHRP on earthquake hazards reduction consisting 

of non-federal members representing research and academic institutions, industry, standards development organizations, State and 

local government, and financial communities. Tasks the advisory 

committee with assessing: trends and developments in earthquake 

hazards reduction science and engineering and the effectiveness of 

the Program, including the management, coordination, and implementation of the Program. Requires the advisory committee to report its findings and recommendations to the Director of NIST one 

year after enactment, and at least once every two years thereafter. 

Section 4. Authorization of appropriations 

Authorizes appropriations for the four NEHRP Agencies: NIST, 

FEMA, USGS, and NSF. Funding is specifically authorized for two 

large projects to study earthquakes and monitor earthquake activity: the Network for Earthquake Engineering Simulation (NEES) 

at NSF and the Advanced National Seismic System (ANSS) at 

USGS. Total funding authorized for fiscal years 2004–2006 is 

$528.1 million. In addition, funding is also authorized for ANSS for 

fiscal years 2007 and 2008 ($36 million each year).

TABLE 1.—AUTHORIZATION LEVELS IN MILLIONS OF DOLLARS 

Agency/program FY 2004 (authorized) 

FY 2005 (authorized) FY 2006 (authorized) 

FEMA ........................................................................................................... 19.0 21.0 23.0

NIST ............................................................................................................. 8.0 9.6 12.5

NSF Total ..................................................................................................... 47.0 64.0 67.5

NSF Base ............................................................................................ 39.0 44.0 47.5

NSF NEES ........................................................................................... 8.0 20.0 20.0

USGS Total .................................................................................................. 80.0 83.5 93.0

USGS Base ......................................................................................... 50.0 53.5 57.0 

USGS ANSS ......................................................................................... 30.0 30.0 36.0

Total ............................................................................................... 154.0 178.1 196.0

VIII. COMMITTEE VIEWS

GENERAL

The Committee on Science believes that, since its establishment 

in 1977, NEHRP has produced a wealth of useful information, and 

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that it has substantially increased our ability to protect lives and 

property from the threats of catastrophic earthquakes. However, 

the Committee also believes that the Program’s potential has been 

limited by the inability of NEHRP agencies to create synergy 

through coordinated efforts—a necessary part of any truly successful interagency program. It is because of these concerns that the 

Committee is modifying the structure of NEHRP. The Committee 

believes that, while NEHRP has been a successful undertaking, a 

great deal of room for improvement exists. The Committee also believes that, if NEHRP funding is directed to the appropriate priorities and implemented as a true interagency program, taxpayer 

funds allocated to this Program can be leveraged many times over. 

STRATEGIC PLAN

At the May 8, 2003 Research Subcommittee hearing, The National Earthquake Hazards Reduction Program: Past, Present, and 

Future, FEMA presented to the Subcommittee the long-awaited 

NEHRP Strategic Plan, Expanding and Using Knowledge to Reduce Earthquake Losses. The plan articulates the mission and 

goals of NEHRP, provides a framework for coordinating activities, 

and establishes priority areas for the future of the Program. A key 

finding set forth in the plan is the recognition that the Program 

needs increased focus on accelerating the implementation of available earthquake loss-reduction practices and policies, such as development and adoption of performance-based building codes for 

areas of high seismic risk. The Committee strongly agrees with this 

finding, supports the prioritized goals of the Program presented in 

the plan, and has worked to support this shift of focus in this legislation. However, the Committee notes that, beyond the aforementioned shift of focus toward implementation of research results, the 

Program activities that have been redefined in Section 3 of the legislation are not intended to convey a need for implementation of 

sweeping reforms in the Program, but rather simply to update 

these Program activities to better reflect NEHRP’s current operational structure. 

NEHRP LEADERSHIP TRANSITION

NIST is fully capable of carrying out the lead agency responsibilities as the Chair of the Interagency Coordinating Committee, but 

NIST will have difficulty fulfilling its duties under sections 5(b)(1) 

and (5) of the Earthquake Hazards Reduction Act, as amended, unless it receives appropriations at the level authorized by this bill. 

The Committee understands that a successful transition to the 

new management structure and updated Program responsibilities 

will require additional efforts from all agencies and stakeholders, 

and the Committee intends to follow through with close oversight 

of NEHRP activities, focus, and direction to see that the provisions 

of this legislation are implemented as smoothly as possible. To that 

end, the Committee plans to work closely with all members of the 

NEHRP Interagency Coordinating Committee, the Office of Science 

and Technology Policy, the Office of Management and Budget, the 

new NEHRP external Advisory Committee, and members of the 

Commerce, Justice, State and the Judiciary Appropriations Subcommittee to ensure that NIST receives the support necessary for 

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assuming lead agency responsibilities, as well as its expanded role 

in the Program. 

The Committee also wants to emphasize that it believes FEMA 

still has a very important, and even indispensable, role to play in 

helping NEHRP succeed. To that end, the Committee expects 

FEMA to remain fully engaged with other NEHRP agencies and 

relevant stakeholders in implementing the goals of the Strategic 

Plan. The Committee also expects FEMA to actively assist NIST in 

the transition to assuming lead agency responsibilities. 

INTERAGENCY COORDINATING COMMITTEE (ICC)

An ad hoc interagency committee has long been the coordinating 

mechanism for NEHRP, though it appears to have been largely 

non-functional in recent years. The Committee believes that for 

NEHRP to reach its potential as a true working interagency program, it is critical for the ICC to be more active as the budget planning and coordinating mechanism for the Program, and therefore 

has included a provision to establish the ICC in statute. For the 

ICC to be a success, it will require increased participation by not 

only the NEHRP agencies, but also the Office of Science and Technology Policy and the Office of Management and Budget. 

The Committee also applauds the recent establishment of a Research Subcommittee within the ICC to coordinate research activities across NEHRP agencies, and expects this subcommittee to be 

active and provide valuable contributions to the ICC. 

EARTHQUAKE INSURANCE

One of the objectives of NEHRP specified in law is to develop 

ways to assure the availability of affordable earthquake insurance. 

The Committee is of the understanding that the Program has done 

little toward implementing this objective. The Committee recognizes that insurance alone does not usually reduce losses to society 

as a whole, but rather spreads risk. However, it is conceivable that 

incentives for loss reduction may be incorporated into earthquake 

insurance policies, and the Committee encourages FEMA to examine relevant data associated with the earthquake insurance market, including factors that may affect owners’ decisions on whether 

to purchase earthquake insurance, the potential of public insurance 

subsidies to influence the rate of purchase of earthquake insurance, 

and the potential of such subsidies to influence construction behavior and code adoption. 

PLANNING AND BUDGET COORDINATION

As stated several times throughout this report, the Committee 

believes it is a top priority of this legislation to modify NEHRP to 

function more like a true interagency program. An important aspect of this is coordinated budget planning among the NEHRP 

agencies, the Office of Science and Technology Policy, and the Office of Management and Budget (OMB), and inclusion of this 

NEHRP interagency budget in the President’s annual budget request to Congress. The Committee attempted to address this concern the last time the Program was authorized by requiring FEMA 

to lead NEHRP agencies in submitting a coordinated report to 

OMB at the time of the annual agency budget submission to OMB. 

12

At the May 8 Research Subcommittee hearing, FEMA stated they 

had not been submitting this report. More disturbing than the failure to submit the report were several indications that NEHRP 

agencies had not cooperated on any level in preparing a Program 

budget. In keeping with the above-stated concerns regarding coordination and Program reporting, the Committee emphasizes the 

importance of the ICC meeting the reporting requirement under 

Section 3 of this legislation. 

FEMA STATE ASSISTANCE GRANTS

One of the primary responsibilities of FEMA within NEHRP is 

to operate a program of grants and technical assistance to help 

States to ‘‘develop 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.’’ On May 2, 2003, the Committee learned that the 

FY 2004 budget request for this ‘‘Emergency Management Performance Grants’’ program was proposed to be administered through 

the Department of Homeland Security’s Office of Domestic Preparedness, as part of a department-wide grant consolidation effort. 

While the Committee understands that many earthquake hazard 

reduction measures also serve to reduce vulnerability to other hazards, it is concerned that if the grants are administered through 

the Office of Domestic Preparedness, little or no effort will be made 

to ensure an appropriate amount of funds are directed toward legitimate earthquake hazards reduction measures. To address this 

concern, the Committee has required in Section 3 of the legislation 

that the ICC include in its annual report a description of the activities and budget for this grant program. 

INFORMATION DISSEMINATION

The Committee is disappointed with the current presentation of 

NEHRP information on the Internet, and advises the ICC to examine ways this presentation can be improved to maximize the profile 

of the Program and the ease with which information can be obtained online by relevant stakeholders. Further, the Committee 

recognizes that current and future information technology applications can provide the Program with a low-cost means of communicating this information and encourages the NEHRP agencies to 

take full advantage of these applications. In addition, the Committee encourages the agencies to exploit information technology 

applications to further NEHRP goals, as is currently being done in 

the George Brown, Jr. Network for Earthquake Engineering Simulation and is envisioned in the Advanced National Seismic System. 

EXTERNAL ADVISORY COMMITTEE

In soliciting input from private sector groups and individuals on 

how to strengthen NEHRP, perhaps the most common recommendation was that Congress establish a non-federal Advisory 

Committee for the Program. The Committee agrees with this recommendation and has called for the establishment of such a ComVerDate jul 14 2003 06:08 Aug 16, 2003 Jkt 019006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR246P1.XXX HR246P1
13

mittee in Section 3 of the legislation, tasking the Committee to assess and report on (1) trends and developments in the science and 

engineering of earthquake hazards reduction; (2) the effectiveness 

of NEHRP in carrying out Program activities; (3) the need to revise 

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

The Committee intends for the external Advisory Committee to 

have the flexibility to report to Congress on any issues related to 

the Program it desires. The Committee also notes that the membership categories explicitly called for in the legislation are by no 

means exclusive, and the Advisory Committee may consist of representatives from any additional variety of interests the Director of 

NIST deems pertinent. 

CONTRIBUTIONS OF NON-NEHRP ACTIVITIES

As stated within the requirements of the ICC’s annual report in 

Section 3 of the legislation, the Committee advises the ICC to document its interaction with non-Program elements carried out by 

NEHRP agencies that may contribute to the goals of the Program. 

Most obvious among these is Earthscope, an NSF Major Research 

Equipment and Facilities Construction project. 

NEHRP REPORTING REQUIREMENTS

The Committee notes its frustration associated with the unnecessary delay in publication of several reports required of the Program 

in law, most importantly, the strategic plan required by Public Law 

101–614 (42 USC 7704 (b)(1)(C)). At a February 1999 Science Committee hearing on NEHRP Reauthorization, FEMA committed to 

delivering the plan to Congress by April of that year. It was not 

until over four years later that the plan was delivered, in the third 

year of the five-year strategy. Similar delays have been the norm 

with other NEHRP reporting requirements, such as the biennial report required by Public Law 101–614 (USC 42 7704 (b)(1)(D)), the 

report on at-risk populations required by Public Law 106–503 (42 

USC 7701), and the report required by Executive Order 12941 pertaining to seismic safety in federally owned and leased buildings 

(42 USC 7705 (b), section 3). As of the filing of this Committee Report, Congress has still not received the report required by Executive Order 12941, which was due December 1, 2001. The Committee believes it is important that FEMA complete this report so 

that further assessments can be made toward addressing seismic 

risk in existing federally owned and leased buildings. 

The Committee believes timely publication of these reports is important for ensuring policy-makers, agency participants, and other 

relevant stakeholders have all necessary materials for informed decision-making. The Committee expects the ICC to work to see that 

these reporting delays do not continue to be a problem in the future. 

AUTHORIZATION OF APPROPRIATIONS

USGS—The legislation authorizes $80, $83.5, and $93 million for 

fiscal years 2004 through 2006, respectively. Within those amounts, 

$30, $30, and $36 million, respectively, are allocated to the Advanced National Seismic System (ANSS). In addition, the ComVerDate jul 14 2003 06:08 Aug 16, 2003 Jkt 019006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\HR246P1.XXX HR246P1
14

mittee has authorized $36 million in each of fiscal years 2007 and 

2008 for ANSS. ANSS was established by the last NEHRP authorization bill, but has only been funded at approximately only 10 percent of its authorized level each of the last four fiscal years. The 

earthquake hazards reduction community has identified funding 

for completion of ANSS as a top priority for NEHRP. The Committee concurs with this assessment, and urges all those involved 

in the budget process, including the Department of Interior, Office 

of Management and Budget, and relevant House and Senate Appropriations Committees, to work to see that this recommendation 

for funding is fulfilled and ANSS can come to fruition. 

NSF—The legislation authorizes funding for base NEHRP activi- ties at NSF of $39 million for FY 2004, $44 million for FY 2005, 

and $47.5 million for FY 2006. Additionally, funds are authorized 

for funding the Operation and Maintenance of the Network for 

Earthquake Engineering Simulation (NEES). Within funds for base 

activities, the Committee defers to NSF to appropriately divide 

total funds among NEHRP research needs in the Engineering, Geosciences, and Social, Behavioral, and Economic Sciences Directorate. It is also intended that funding for NEES grand research 

challenges be provided out of the base activities funding. 

FEMA—The legislation authorizes appropriations for FEMA of $19 million for FY 2004, $21 million for FY 2005, and $23 million 

for FY 2006. Within those amounts, the Committee has directed 

FEMA to direct a minimum of $3 million for supporting the development of performance-based, cost-effective, and affordable codes 

and standards for buildings, structures, and lifelines. The need for 

these performance-based codes and standards has been identified 

by both the NEHRP Strategic Plan and the earthquake engineering 

research community as a top priority for the future. 

NIST—The legislation authorizes appropriations for NIST of $8 million for FY 2004, $9 million for FY 2005, and $12.5 million for 

FY 2006. Within those amounts, the Committee has directed NIST 

to fund not less than $2 million for supporting the development of 

performance-based, cost-effective, and affordable codes and standards for buildings, structures, and lifelines. The Committee strongly believes that NIST’s previously token role in NEHRP (approximately 2 percent of the total Program funding) needs to be significantly enhanced, as NIST has a great deal to contribute to the 

goals of the Program. The Committee recognizes that securing 

these appropriations will not come easy, and calls upon the Office 

of Management and Budget, the Department of Commerce, and the 

relevant House and Senate Appropriations Committees to take 

measures to see that this funding recommendation is realized. 

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 

Science 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. 2608 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. 2608 does 

authorize additional discretionary spending, as described in the 

15

Congressional Budget Office report on the bill, which is contained 

in Section X of this report.

X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 25, 2003. 

Hon. SHERWOOD L. BOEHLERT, 

Chairman, Committee on Science, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2608, the National Earthquake Hazards Reduction Program Reauthorization Act of 2003. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Julie Middleton. 

Sincerely, 

ROBERT A. SUNSHINE

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

H.R. 2608—National Earthquake Hazards Reduction Program Reauthorization Act of 2003

Summary: CBO estimates that H.R. 2608 would authorize the appropriation of $725 million over the 2004–2008 period for programs aimed at reducing earthquake hazards. Assuming appropriation of that amount, CBO estimates that implementing the bill 

would cost $691 million over the 2004–2008 period. Enacting H.R. 

2608 would not affect direct spending or revenues. H.R. 2608 would authorize the appropriation of $482 million over 

the 2004–2006 period for the Federal Emergency Management 

Agency (FEMA), the U.S. Geological Survey (USGS), the National 

Science Foundation (NSF), and the National Institute of Standards 

and Technology (NIST) to carry out provisions of the Earthquake 

Hazards Reduction Act of 1977. The bill also would authorize the 

appropriation of such sums as are necessary to the U.S. Geological 

Survey for fiscal years 2007 and 2008 to implement that act. In addition, the bill would authorize the appropriation of $48 million 

over the 2004–2006 period for the NSF’s Network for Earthquake 

Engineering Simulation. 

H.R. 2608 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

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

State and local governments might benefit from grants to adopt 

measures for reducing earthquake hazards. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 2608 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).

For this estimate, CBO assumes that the authorized and estimated amounts will be appropriated for each fiscal year. Outlay estimates are based on historical spending patterns for existing and 

similar programs. CBO estimated the authorization level for the 

16

USGS in 2007 and 2008 by adjusting the level specified in the bill 

for that agency in 2006 for anticipated inflation.

By fiscal year, in millions of dollars—

2003 2004 2005 2006 2007 2008

SPENDING SUBJECT TO APPROPRIATION 

Spending Under Current Law: 

Budget Authority 1 ............................................................... 111 0 0 0 0 0

Estimated Outlays ............................................................... 96 46 16 6 2 0

Proposed Changes: 

FEMA: 

Authorization Level ..................................................... 0 19 21 23 0 0

Estimated Outlays ...................................................... 0 9 14 18 12 7

USGS: 

Estimated Authorization Level .................................... 0 80 84 93 96 99

Estimated Outlays ...................................................... 0 69 83 92 96 99

NSF: 

Authorization Level ..................................................... 0 47 64 68 0 0

Estimated Outlays ...................................................... 0 10 35 53 46 18

NIST: 

Authorization Level ..................................................... 0 8 10 13 0 0

Estimated Outlays ...................................................... 0 6 9 12 3 0

Total Changes: 

Authorization Level ..................................................... 0 154 179 197 96 99

Estimated Outlays ...................................................... 0 94 141 175 157 124

Spending Under H.R. 2608: 

Estimated Authorization Level ............................................. 111 154 179 197 96 99

Estimated Outlays ............................................................... 96 140 157 181 159 124

1 The 2003 level is the amount appropriated for that year for FEMA, USGS, NSF, and NIST activities related to earthquake hazards reduc- tion. 

Intergovernmental and private-sector impact: H.R. 2608 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. State and local governments might benefit from grants to 

adopt measures for reducing earthquake hazards. 

Estimate prepared by: Federal Costs: Julie Middleton; Impact on 

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

on the Private Sector: Cecil McPherson. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

XI. COMPLIANCE WITH PUBLIC LAW 104–4 (UNFUNDED MANDATES) 

H.R. 2608 contains no unfunded mandates. 

XII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

The Committee on Science’s oversight findings and recommendations 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 goals of H.R. 

2608 are to reauthorize the National Earthquake Hazards Reduction Program (NEHRP); to authorize appropriations for FEMA, 

NIST, USGS, and NSF to carry out the Program; to make NIST 

the lead agency for the Program; to establish an interagency committee to oversee the planning, management, and coordination of 

the Program; and to establish an external Advisory Committee on 

earthquake hazards reduction. 

17

XIV. CONSTITUTIONAL AUTHORITY STATEMENT

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

grants Congress the authority to enact H.R. 2608. 

XV. FEDERAL ADVISORY COMMITTEE STATEMENT

The functions of the advisory committee required by H.R. 2608 

could not 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. 2608 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. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL

LAW

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

XVIII. 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

* * * * * * *

SEC. 4. DEFINITIONS. 

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

(1) * * *

* * * * * * *

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

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

(9) The term ‘‘Advisory Committee’’ means the Advisory Committee established under section 5(a)(5).

SEC. 5. NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM. 

ø(a) ESTABLISHMENT.—There is established a National Earthquake Hazards Reduction Program.¿

(a) ESTABLISHMENT.—

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

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

be designed to—

(A) develop effective measures for earthquake hazards reduction; 

(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 

18

in planning and constructing buildings, structures, and 

lifelines through— (i) grants, contracts, cooperative agreements, and 

technical assistance; 

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

(iii) development and maintenance of a repository of 

information, including technical data, on seismic risk 

and hazards reduction; and 

(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. 

(3) INTERAGENCY COORDINATING COMMITTEE ON EARTHQUAKE

HAZARDS REDUCTION.— (A) IN GENERAL.—There is established an Interagency Coordinating Committee on Earthquake Hazards Reduction 

chaired by the Director of the National Institute of Standards and Technology (referred to in this subsection as the 

‘‘Director’’). 

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

the directors of— (i) the Federal Emergency Management Agency; 

(ii) the United States Geological Survey; 

(iii) the National Science Foundation; 

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

(v) the Office of Management and Budget. 

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

3 times a year at the call of the Director. 

(D) PURPOSE AND DUTIES.—The Interagency Coordinating Committee shall oversee the planning, management, 

and coordination of the Program. The Interagency Coordinating Committee shall— (i) develop, not later than 6 months after the date of 

enactment of this Act, and update periodically— (I) a strategic plan that establishes goals and 

priorities for the Program activities described 

under subsection (a)(2); and 

(II) a detailed management plan to implement 

such strategic plan; and 

(ii) develop a coordinated interagency budget for the 

Program that will ensure appropriate balance among 

the Program activities described under subsection 

(a)(2), and 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. 

(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—

19

(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); 

(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); 

(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); 

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

incorporated the recommendations of the Advisory Committee; 

(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 

(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). 

(5) ADVISORY COMMITTEE.— (A) IN GENERAL.—The Director shall establish an Advisory Committee on Earthquake Hazards Reduction consisting of non-Federal members, 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. The recommendations of the Advisory Committee shall be considered by Federal agencies in implementing the Program. 

(B) ASSESSMENT.—The Advisory Committee shall assess— (i) trends and developments in the science and engineering of earthquake hazards reduction; 

(ii) effectiveness of the Program in carrying out the 

activities under (a)(2); 

(iii) the need to revise the Program; and 

(iv) the management, coordination, implementation, 

and activities of the Program. 

(C) REPORT.—Not later than 1 year after the date of enactment of this Act 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. 

(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.

20

(b) RESPONSIBILITIES OF PROGRAM AGENCIES.— (1) LEAD AGENCY.—The øFederal Emergency Management 

Agency (hereafter in this Act referred to as the ‘‘Agency’’) shall 

have the primary responsibility for planning and coordinating 

the Program. In carrying out this paragraph, the Director of 

the Agency¿ 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— (A) * * *

ø(B) prepare, in conjunction with the other Program 

agencies, a written plan for the Program, which shall include specific tasks and milestones for each Program agency, and which shall be submitted to the Congress and updated at such times as may be required by significant Program events, but in no event less frequently than every 3 

years; 

ø(C) prepare, in conjunction with the other Program 

agencies, a biennial report, to be submitted to the Congress within 90 days after the end of each even-numbered 

fiscal year, which shall describe the activities and achievements of the Program during the preceding two fiscal 

years;¿

(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(D)¿ (C) request the assistance of Federal agencies 

other than the Program agencies, as necessary to assist in 

carrying out this Act; and 

ø(E)¿ (D) work with the øNational Science Foundation, 

the National Institute of Standards and Technology¿ 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. 

øThe principal official carrying out the responsibilities described in this paragraph shall be at a level no lower than that 

of Associate Director.¿

(2) FEDERAL EMERGENCY MANAGEMENT AGENCY.— (A) PROGRAM RESPONSIBILITIES.—øIn addition to the lead 

agency responsibilities described in paragraph (1), the Director of the Agency¿ The Director of the Federal Emergency Management Agency (in this Act referred to as the 

‘‘Agency’’) shall— (i) * * *

* * * * * * *

ø(iii) prepare and disseminate widely, with the assistance of the National Institute of Standards and 

Technology, other Federal agencies, and private sector 

21

groups, information on building codes and practices for 

structures and lifelines;¿

(iii) assist the National Institute of Standards and 

Technology, other Federal agencies, and private sector 

groups in the preparation and wide dissemination of 

building codes and practices for structures and lifelines, and aid in the development of performance based 

codes for buildings, structures, and lifelines that are 

cost effective and affordable;

* * * * * * *

(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—

(A) * * *

* * * * * * *

(C) develop standard procedures, in consultation with 

øthe Agency¿ 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; 

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

Agency¿ 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; 

(E) øestablish, using existing facilities, a Center for the 

International Exchange of Earthquake Information¿ operate, using the National Earthquake Information Center, a 

forum for the international exchange of earthquake information which shall— (i) * * *

* * * * * * *

(F) operate a National Seismic øNetwork¿ System; 

* * * * * * *

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

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

(J) maintain suitable seismic hazard maps in support of 

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

(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 beVerDate jul 14 2003 06:08 Aug 16, 2003 Jkt 019006 PO 00000 Frm 00021 Fmt 6659 Sfmt 6601 E:\HR\OC\HR246P1.XXX HR246P1
22

havior of earthquakes, on earthquake engineering, and on 

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

* * * * * * *

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

using large-scale experimental and computational facilities;

ø(D)¿ (E) emphasize, in earthquake engineering research, development of economically feasible methods to 

retrofit existing buildings and to protect lifelines to mitigate earthquake damage; 

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

(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(F)¿ (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. 

(5) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.— øThe National¿ 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— (A) * * *

* * * * * * *

(c) BUDGET COORDINATION.— (1) GUIDANCE.—The øAgency¿ Interagency Coordinating 

Committee 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. 12. AUTHORIZATION OF APPROPRIATIONS. 

(a)(1)***

* * * * * * *

(8) There are authorized to be appropriated to the Federal Emer- gency Management Agency for carrying out this Act $19,000,000 for 

23

fiscal year 2004; $21,000,000 for fiscal year 2005; and $23,000,000 

for fiscal year 2006. Of such amounts appropriated, not less than 

$3,000,000 shall be made available each such fiscal year for supporting the development of performance-based, cost-effective, and affordable codes for buildings, structures, and lifelines.

(b) GEOLOGICAL SURVEY.—There are authorized to be appropriated to the Secretary of the Interior for purposes for carrying 

out, through the Director of the United States Geological Survey, 

the responsibilities that may be assigned to the Director under this 

Act not to exceed $27,500,000 for the fiscal year ending September 

30, 1978; not to exceed $35,000,000 for the fiscal year ending September 30, 1979; not to exceed $40,000,000 for the fiscal year ending September 30, 1980; $32,484,000 for the fiscal year ending September 30, 1981; $34,425,000 for the fiscal year ending September 

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

1983; $35,524,000 for the fiscal year ending September 30, 1984; 

$37,300,200 for the fiscal year ending September 30, 1985 

$35,578,000 for the fiscal year ending September 30, 1986; 

$37,179,000 for the fiscal year ending September 30, 1987; 

$38,540,000 for the fiscal year ending September 30, 1988; 

$41,819,000 for the fiscal year ending September 30, 1989; 

$55,283,000 for the fiscal year ending September 30, 1990, of which 

$8,000,000 shall be for earthquake investigations under section 11; 

$50,000,000 for the fiscal year ending September 30, 1991; 

$54,500,000 for the fiscal year ending September 30, 1992; 

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

$49,200,000 for the fiscal year ending September 30, 1995; 

$50,676,000 for the fiscal year ending September 30, 1996; 

$52,565,000 for the fiscal year ending September 30, 1998, of which 

$3,800,000 shall be used for the Global Seismic Network operated 

by the Agency; and $54,052,000 for the fiscal year ending September 30, 1999, of which $3,800,000 shall be used for the Global 

Seismic Network operated by the Agency. There are authorized to 

be appropriated to the Secretary of the Interior for purposes of carrying out, through the Director of the United States Geological Survey, the responsibilities that may be assigned to the Director under 

this Act $48,360,000 for fiscal year 2001, of which $3,500,000 is for 

the Global Seismic Network and $100,000 is for the Scientific 

Earthquake Studies Advisory Committee established under section 

210 of the Earthquake Hazards Reduction Authorization Act of 

2000; $50,415,000 for fiscal year 2002, of which $3,600,000 is for 

the Global Seismic Network and $100,000 is for the Scientific 

Earthquake Studies Advisory Committee; and $52,558,000 for fiscal 

year 2003, of which $3,700,000 is for the Global Seismic Network 

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

Committee. Of the amounts authorized to be appropriated under 

this subsection, at least— (1) * * *

* * * * * * *

shall be used for carrying out a competitive, peer-reviewed program 

under which the Director, in close coordination with and as a complement to related activities of the United States Geological Survey, awards grants to, or enters into cooperative agreements with, 

State and local governments and persons or entities from the academic community and the private sector. There are authorized to 

24

be appropriated to the United States Geological Survey for carrying 

out this Act $80,000,000 for fiscal year 2004, of which not less than 

$30,000,000 shall be made available for completion of the Advanced 

National Seismic Research and Monitoring System established 

under section 13; $83,500,000 for fiscal year 2005, of which not less 

than $30,000,000 shall be made available for completion of the Advanced National Seismic Research and Monitoring System established under section 13; $93,000,000 for fiscal year 2006, of which 

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

the Advanced National Seismic Research and Monitoring System 

established under section 13; such sums as may be necessary for fiscal year 2007, of which not less than $36,000,000 shall be made 

available for completion of the Advanced National Seismic Research 

and Monitoring System established under section 13; and such 

sums as may be necessary for fiscal year 2008, of which not less 

than $36,000,000 shall be made available for completion of the Advanced National Seismic Research and Monitoring System established under section 13.

(c) NATIONAL SCIENCE FOUNDATION.—To enable the Foundation 

to carry out responsibilities that may be assigned to it under this 

Act, there are authorized to be appropriated to the Foundation not 

to exceed $27,500,000 for the fiscal year ending September 30, 

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

September 30, 1980; $26,600,000 for the fiscal year ending September 30, 1981; $27,150,000 for the fiscal year ending September 

30 1982; $25,000,000 for the fiscal year ending September 30, 1983; 

$25,800,000 for the fiscal year ending September 30, 1984; 

$28,665,000 for the fiscal year ending September 30, 1985 

$27,760,000 for the fiscal year ending September 30, 1986; 

$29,009,000 for the fiscal year ending September 30, 1987; 

$28,235,000 for the fiscal year ending September 30, 1988; 

$31,634,000 for the fiscal year ending September 30, 1989; 

$38,454,000 for the fiscal year ending September 30, 1990. Of the 

amounts authorized for Engineering under section 101(d)(1)(B) of 

the National Science Foundation Authorization Act of 1988, 

$24,000,000 is authorized for carrying out this Act for the fiscal 

year ending September 30, 1991, and of the amounts authorized for 

Geosciences under section 101(d)(1)(D) of the National Science 

Foundation Authorization Act of 1988, $13,000,000 is authorized 

for carrying out this Act for the fiscal year ending September 30, 

1991. Of the amounts authorized for Research and Related Activities under section 101(e)(1) of the National Science Foundation Authorization Act of 1988, $29,000,000 is authorized for engineering 

research under this Act, and $14,750,000 is authorized for geosciences research under this Act, for the fiscal year ending September 30, 1992. Of the amounts authorized for Research and Related Activities under section 101(f)(1) of the National Science 

Foundation Authorization Act of 1988, $34,500,000 is authorized 

for engineering research under this Act, and $17,500,000 is authorized for geosciences research under this Act, for the fiscal year ending September 30, 1993. There are authorized to be appropriated, 

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

and $10,900,000 for geosciences research for the fiscal year ending 

25

September 30, 1995, (2) $16,686,000 for engineering research and 

$11,227,000 for geosciences research for the fiscal year ending September 30, 1996, (3) $18,450,000 for engineering research and 

$11,920,000 for geosciences research for the fiscal year ending September 30, 1998, (4) $19,000,000 for engineering research and 

$12,280,000 for geosciences research for the fiscal year ending September 30, 1999. There are authorized to be appropriated to the 

National Science Foundation $19,000,000 for engineering research 

and $11,900,000 for geosciences research for fiscal year 2001; 

$19,808,000 for engineering research and $12,406,000 for geosciences research for fiscal year 2002; and $20,650,000 for engineering research and $12,933,000 for geosciences research for fiscal 

year 2003. There are authorized to be appropriated to the National Science Foundation for carrying out this Act $39,000,000 for fiscal 

year 2004; $44,000,000 for fiscal year 2005; and $47,500,000 for fiscal year 2006.

(d) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.—To 

enable the National Institute of Standards and Technology to carry 

out responsibilities that may be assigned to it under this Act, there 

are authorized to be appropriated $425,000 for the fiscal year ending September 30, 1981; $425,000 for the fiscal year ending September 30, 1982; $475,000 for the fiscal year ending September 30, 

1983; $475,000 for the fiscal year ending September 30, 1984; 

$498,750 for the fiscal year ending September 30, 1985 $499,000 

for the fiscal year ending September 30, 1986; $521,000 for the fiscal year ending September 30, 1987; $525,000 for the fiscal year 

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

September 30, 1989; $2,525,000 for the fiscal year ending September 30, 1990; $1,000,000 for the fiscal year ending September 

30, 1991; $3,000,000 for the fiscal year ending September 30, 1992; 

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

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

and Technology, $1,900,000 for the fiscal year ending September 

30, 1995, $1,957,000 for the fiscal year ending September 30, 1996, 

$2,000,000 for the fiscal year ending September 30, 1998, 

$2,060,000 for the fiscal year ending September 30, 1999, 

$2,332,000 for fiscal year 2001, $2,431,000 for fiscal year 2002, and 

$2,534,300 for fiscal year 2003. There are authorized to be appropriated to the National Institute of Standards and Technology for 

carrying out this Act $8,000,000 for fiscal year 2004; $9,600,000 for 

fiscal year 2005; and $12,500,000 for fiscal year 2006. Of such 

amounts appropriated, not less than $2,000,000 shall be made 

available each such fiscal year for supporting the development of 

performance-based, cost-effective, and affordable codes for buildings, 

structures, and lifelines.

SEC. 13. ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING 

SYSTEM. 

(a) * * *

* * * * * * *

ø(c) AUTHORIZATION OF APPROPRIATIONS.— ø(1) EXPANSION AND MODERNIZATION.—In addition to 

amounts appropriated under section 12(b), there are authorized to be appropriated to the Secretary of the Interior, to be 

26

used by the Director of the United States Geological Survey to 

establish the Advanced National Seismic Research and Monitoring System—

ø(A) $33,500,000 for fiscal year 2002; 

ø(B) $33,700,000 for fiscal year 2003; 

ø(C) $35,100,000 for fiscal year 2004; 

ø(D) $35,000,000 for fiscal year 2005; and 

ø(E) $33,500,000 for fiscal year 2006. 

ø(2) OPERATION.—In addition to amounts appropriated under 

section 12(b), there are authorized to be appropriated to the 

Secretary of the Interior, to be used by the Director of the 

United States Geological Survey to operate the Advanced National Seismic Research and Monitoring System—

ø(A) $4,500,000 for fiscal year 2002; and 

ø(B) $10,300,000 for fiscal year 2003.¿

SEC. 14. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION. 

(a) * * *

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

appropriated under section 12(c), there are authorized to be appropriated to the National Science Foundation for the George E. 

Brown, Jr. Network for Earthquake Engineering Simulation—

(1) * * *

* * * * * * *

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

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

(4) $8,000,000 for fiscal year 2004; 

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

available for operations and maintenance; and 

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

available for operations and maintenance.

* * * * * * *

XIX. COMMITTEE RECOMMENDATIONS

On July 22, 2003, a quorum being present, the Committee on 

Science favorably reported H.R. 2608, the National Earthquake 

Hazards Reduction Program Reauthorization Act of 2003, by a 

voice vote, and recommended its enactment. 

XX. EXCHANGE OF COMMITTEE CORRESPONDENCE

HOUSE OF REPRESENTATIVES, COMMITTEE ON SCIENCE, Washington, DC, August 7, 2003. 

Hon. RICHARD W. POMBO, 

Chairman, Committee on Resources, Longworth House Office Building, Washington, DC. 

DEAR MR. CHAIRMAN: Thank you for your letter concerning H.R. 

2608, the National Earthquake Hazards Reduction Program Reauthorization Act of 2003. I greatly appreciate your offer to waive referral of H.R. 2608 to expedite its consideration. 

I agree that waiving the Committee on Resources’ referral in the 

case of H.R. 2608 does not waive your Committee’s jurisdiction. Be 

27

assured that our Committee plans to work with you to ensure passage of this legislation. 

We intend to include a copy of our exchange of letters on this 

matter in the Committee Report on H.R. 2608 and the Congressional Record during floor consideration of H.R. 2608. Further, I 

would be pleased to support the representation of your Committee 

at any conference on H.R. 2608 as well as any similar or related 

legislation and would ask that you support a similar request by the 

Committee on Science. 

Thank you for your consideration and attention regarding this 

matter. 

Sincerely, 

SHERWOOD L. BOEHLERT, 

Chairman. 

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON RESOURCES, 

Washington, DC, August 6, 2003. 

Hon. SHERWOOD BOEHLERT, 

Chairman Committee on Science, Rayburn House Office Building, 

Washington, DC. 

DEAR MR. CHAIRMAN: I have reviewed the text of H.R. 2608, the 

National Earthquake Hazards Reduction Program Reauthorization 

Act of 2003, as ordered reported from the Committee on Science on 

July 22, 2003. The Committee on Resources has received an additional referral of this bill. 

Recognizing your wish that this bill be considered by the House 

of Representatives as soon as possible, I will not insist on exercising the Committee on Resources’ referral of H.R. 2608. However, 

waiving the Committee on Resources’ referral in this case does not 

waive the Committee’s jurisdiction over any provision in H.R. 2608 

or similar provisions in other bills. In addition, I ask that you support my request to have the Committee on Resources represented 

on the conference on this bill, if a conference is necessary. Finally, 

I ask that you include this letter in the Committee on Science’s bill 

report. 

I appreciate your cooperation on this bill, and I look forward to 

working with you to see that H.R. 2608 is enacted into law soon. 

Sincerely, 

RICHARD W. POMBO, 

Chairman.

XXI PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 2608, 

NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM REAUTHORIZATION ACT OF 2003, JULY 22, 2003

The Committee met, pursuant to call, in room 2318 of the Rayburn House Office Building, Hon. Sherwood D. Boehlert (chairman 

of the committee) presiding. 

Chairman BOEHLERT. We will now consider the bill H.R. 2608, 

the National Earthquake Hazard Reduction Program Reauthorization Act of 2003. 

I now recognize the Research Subcommittee Chairman Mr. 

Smith for any comments he may have on the bill. 

28

Mr. SMITH of Michigan. Mr. Chairman, I would ask unanimous 

consent that my total statement on the bill be entered into the 

record. 

Chairman BOEHLERT. Without objection, so ordered. 

Mr. SMITH of Michigan. And a brief summary is the objectives of 

this bill are to mitigate the impact of earthquakes on lives and 

property, and while the existing program over the years has provided a wealth of useful information, its success has been limited 

by poor energy—inter-agency coordination and declining funding in 

real terms, and so that is what we dealt with in this reauthorization bill. We increased the funding 33 percent over what was appropriated last year. Funding, if you take into consideration major 

equipment projects, has been increased, and the legislation tries to 

insist that there be better management and better coordination of 

NEHRP and in terms of the energy—inter-agency cooperation, Mr. 

Chairman, the establishment of an inter-agency coordinating committee to manage NEHRP planning and coordination to be chaired 

by the Director of NIST, the establishment of an external advisory 

committee and I just thank both sides of the aisle and certainly 

Congresswoman Lofgren for working on the effort to accomplish 

this bipartisan bill. 

[The statement of Nick Smith follows:]

COMMENTS AND BILL DESCRIPTION BY MR. SMITH OF MICHIGAN

• Mr. Chairman, I will just summarize the highlights of this bill briefly. It reauthorizes the National Earthquake Hazards Reduction Program, or NEHRP, through 

fiscal year 2006, and makes significant changes to the structure and coordinating 

mechanisms within the Program, while maintaining the Program’s important objectives to mitigating the impact of earthquakes on lives and property. • NEHRP was established in 1997, and funds earthquake related activities of the 

Federal Government through the Federal Emergency Management Agency (FEMA), 

U.S. Geological Survey (USGS), National Science Foundation (NSF), and National 

Institute of Standards and Technology (NIST). While the Program has provided a 

wealth of useful information during its 25 years, its success has been limited by 

poor interagency coordination and declining funding in real terms. Addressing these 

concerns was our top priority in crafting this legislation. 

• The bill’s major provisions include: (1) establishment of an Interagency Coordinating Committee to manage NEHRP planning and coordination, to be chaired by 

the Director of NIST; (2) establishment of an external Advisory Committee of nonFederal stakeholders to provide suggestions for improvements in NEHRP; (3) reauthorization of funds for completion of the Advanced National Seismic System, an integrated seismic monitoring network that was authorized by the Science Committee 

three years ago but has yet to receive adequate funding; and (4) significant funding 

increases for NIST, reflecting the call for increased emphasis on promoting the 

adoption into practice of hazard reduction applications. 

• In examining the possibility of making structural change to the Program to create the Interagency Coordinating Committee (ICC) and transferring leadership of 

the ICC from FEMA to NIST, I want to note that this was a very difficult decision 

for us, and one that we considered very carefully. Ultimately, we decided to make 

the change for a combination of reasons, including (1) FEMA’s ongoing inability to 

effectively coordinate with other program agencies and conduct reporting and other 

lead agency responsibilities; (2) concerns about the impact of FEMA’s transfer into 

the Department of Homeland Security; and (3) a confidence in NIST’s ability to effectively handle lead agency responsibilities; and (4) a desire to strengthen what is 

currently just a token role by NIST in the program. 

• I do want to emphasize, however, that (1) we still believe FEMA has a very important—more accurately, indispensable—role to play in helping NEHRP succeed; 

and (2) for NIST to succeed as lead agency, this Committee and others in Congress 

will have to provide stronger oversight and support to see the changes envisioned 

in this bill become a reality. 

• I believe that taxpayer funds for this Program, if directed to the right priorities 

and implemented as a true interagency program, can be leveraged many times over. 

It is a very important program that we forget about all too easily. But we know that 

29

though infrequent, earthquakes are inevitable, and that is just a matter of time before damaging earthquakes occur again. Until that time, we can only promote policies at all levels of government to increase preparedness and strength of the built 

environment. This legislation helps us to do that. • I am pleased to say that we worked closely with the minority in drafting a bipartisan NEHRP authorization bill, and that the bill has been endorsed by the 

NEHRP Coalition, a consortium representing the earthquake community and including the American Geological Institute, American Society of Civil Engineers, 

Earthquake Engineering Research Institute, and Seismological Society of America. 

We have also received very positive feedback from the Office of Science and Technology Policy on the major provisions of the legislation. 

• I would urge all members to support both the Manager’s Amendment as well 

as the underlying bill.

Chairman BOEHLERT. Thank—thank you very much. Your partner in this venture, Mr. Baird, who has been so instrumental in 

working cooperatively with you to get this bill moving forward, is 

not here. Without objection, his statement shall appear in the 

record at this juncture. 

The Chair recognizes Mr. Hall for any statement he might care 

to make. 

Mr. HALL. Mr. Chairman, I join you in support of this legislation. 

I ask unanimous consent that my report be placed in the record. 

Chairman BOEHLERT. Without objection, so ordered. 

[The statement of Ralph M. Hall follows:]

STATEMENT BY HON. RALPH M. HALL

Mr. Chairman, I join you in support of H.R. 2608, the National Earthquake Hazards Reduction Program Reauthorization Act. This interagency earthquake program 

was established 25 years ago to address the serious seismic hazard in the United 

States. It has the major goal of determining how to lower the risk to people and 

to the built environment. 

Although the earthquake program has made many contributions to understanding 

earthquakes and how to design structures and lifelines to resist the effects of earthquakes, much work remains to be done. 

The bill focuses on two aspects of the program in need of reform—program leadership and increased emphasis on transitioning the results of research to practice. 

Program leadership is addressed by designating NIST as the lead agency for planning and coordinating program implementation. The participating agencies are 

tasked to join NIST in developing a unified budget for the program and a set of program goals, taking into consideration the advice of a newly established outside advisory committee. 

The manager’s amendment to be offered by Research Subcommittee Chairman 

Smith was developed with the cooperation of this side of the aisle. The final language of the amendment is the result of a close consultation with the earthquake 

research and earthquake hazards communities. 

I strongly support H.R. 2608 and recommend the measure to my colleagues for 

their approval. 

Chairman BOEHLERT. Mr.—Dr. Ehlers. 

Mr. EHLERS. Thank you, Mr. Chairman. I have a statement, and 

I will ask that it be placed in the record, but I want to summarize 

that concern. I am the Chairman of the Subcommittee with jurisdiction over the National Institute of Standards and Technology, 

and this legislation designates NIST as the Chair of the National 

Earthquake Hazard Reduction Program. They can certainly carry 

out this program. They obviously can handle it, and they have done 

very well with fire-related issues. However, as I mentioned earlier 

today, the underfunding of NIST labs is not a new problem. It is 

ongoing, and today we are considering on the floor of the Commerce, State and Justice appropriations bill, which provides a funding level for NIST $30 million below the President’s request and 

flat compared to the fiscal year ’03 appropriations. You combine 

30

that with the fact that we are assigning yet another responsibility 

to them. I have great concerns about this and I respectfully request 

that the report language for this bill indicate that the Science Committee intends to work closely and forcefully with the other members of the NEHRP inter-agency coordinating committee, the Office 

of Budget and the Chairman and Members of the Commerce, Justice and State Appropriations Committee to ensure that NIST receives adequate appropriations and support for these additional responsibilities. 

Mr. SMITH of Michigan. Would the gentleman yield some time 

for——

Mr. EHLERS. With that, I move that the statement be entered 

into the——

Mr. SMITH of Michigan. Would the gentleman yield? 

Mr. EHLERS. I will be happy to yield. 

Chairman BOEHLERT. And would the—he asked that the statement be entered into the record. Without objection, so ordered. 

[The statement of Vernon J. Ehlers follows:]

STATEMENT OF HON. VERNON J. EHLERS

As chairman of the Subcommittee with jurisdiction over the National Institute of 

Standards and Technology (NIST), I want to comment on the Interagency Coordinating Committee in Section 3 of H.R. 2608. This section designates NIST as the 

chair of the National Earthquake Hazards Reduction Program (NEHRP) coordinating committee. While I believe that NIST is capable of carrying out these responsibilities, I am concerned that the Institute will not receive adequate funding to perform these duties. In the past NIST’s earthquake research activities have not received the full funding authorized to them, and this section designates additional 

responsibilities for NIST. 

The under-funding of NIST labs is not a new problem. Today we are considering 

the Commerce, Justice, and State Appropriations bill on the floor. The funding levels for NIST labs in this bill are $30 million below the President’s request, and flat 

compared to the FY03 appropriations. This leaves many of NIST’s vital initiatives 

under-funded and, in addition, because substantial funds are needed for mandatory 

cost-of-living increases, would result in a reduction-in-force of 50 scientists and staff 

from NIST labs. For the building and fire research lab, where NIST’s NEHRP activities are based, the funding level in the FY04 bill is $3 million less than FY03 level. 

Yet, NIST is an important institution to this Committee, which has given the Institute new responsibilities for programs including voting standards, building safety, 

fire safety (another bill we are considering here today), and nanotechnology. At 

some point we have to make a concerted effort to ensure NIST receives the money 

to carry out these important duties. 

I respectfully request that report language for H.R. 2608 indicate that the Science 

Committee intends to work closely and forcefully with the other members of the 

NEHRP Interagency Coordinating Committee, the Office of Science and Technology 

Policy, the Office of Management and Budget, and the Chairman and Members of 

the Commerce, Justice, and State Appropriations Subcommittee to insure that NIST 

receives adequate appropriations and support for these additional responsibilities. 

Thank you.

Mr. SMITH of Michigan. I just would like to indicate that the authorization, and we don’t appropriate, we authorize, the authorization for NIST has been increased from $2.5 up to $8 as far as the 

authorization increase to cover the cost of the additional responsibility. 

Mr. EHLERS. Right, and then my plea is that we work very hard 

to make sure that the appropriation matches it. 

Chairman BOEHLERT. Thanks. I am glad to have that understanding. Without objection, all members may place opening statements in the record at this point. The Chair recognizes Ms. 

Lofgren. 

31

Ms. LOFGREN. Thank you, Mr. Chairman. I just—very briefly, we 

are getting towards the end of a rather long markup, but I did 

want to thank both the Chairman and the Chairman of the Subcommittee for their very good efforts in putting together a bill that 

I think we all agree has a good chance of improving performance 

in the Agency. I think we all were concerned at the new home in 

the Department of Homeland Security, and I really feel it was a 

good process of trying to reach consensus, not only between us on 

the Committee, but among the agencies of what might work and 

certainly, the private sector, on what might work better, and I 

think this is the best guess we can have right now. We certainly 

want to see how it works and if there are further improvements 

that could be made, I know that we will work together on that, and 

I especially want to say I very much agree with the need for additional—the additional authorization, and I would like to work with 

the Chairman of both the Committee and Subcommittee to see that 

this is fully appropriated. 

This is one of those areas where you can be penny-wise and 

pound-foolish, and I recall the disparity in disaster costs between 

Oakland, San Francisco and San Jose during the Loma Prieta 

Earthquake, and event that was described as a tiny one by one of 

the seismologists. It seemed kind of remarkable to me. It didn’t 

seem tiny to me, but really, it was good engineering, and if you 

look at where we are at risk across the United States, it is not just 

California. It is the Midwest, it is all over, and so it is an imperative that we get these engineering standards upgraded and deployed if we are going to avoid just catastrophic costs for the 

United States, so I enjoyed participating in the process, and I look 

forward to working with you further in the future, and I thank you 

for recognizing me and yield back. 

Chairman BOEHLERT. Thank you so much, and add to the list upstate New York. All right. I ask unanimous consent that the bill 

is considered as read and opened to amendment at any point and 

that the members proceed with the amendments in the order of the 

roster. Without objection, so ordered. 

Mr. SMITH of Michigan. I have an amendment at the desk, Mr. 

Chairman.

Chairman BOEHLERT. Mr. Smith, the next amendment on the 

roster is amendment #1 offered by Mr. Smith from Michigan. I ask 

unanimous consent that the amendment be considered en bloc. 

Without objection, so ordered. Are you ready to proceed, Mr. 

Smith? 

Mr. SMITH of Michigan. We are ready, Mr. Chairman. There 

being——

Chairman BOEHLERT. The Clerk will report the amendment. 

Ms. TESSIERI. Amendment to H.R. 2608, offered by Mr. Smith of 

Michigan. 

Chairman BOEHLERT. I ask unanimous consent to dispense with 

the reading. Without objection, so ordered. Mr. Smith is recognized 

for 5 minutes. 

Mr. SMITH of Michigan. The amendment adds additional report 

language. It gives additional authorization to FEMA. It directs also 

that the National Science Foundation, to support research on improving the safety and performance of buildings, structures, lifelines, using large scale experimental and computation facilities. 

32

The amendment also makes three changes to Section 4, to increase 

funding to FEMA and some other technical increases, and Mr. 

Chairman, I would move that the complete statement of the 

amendment also be—— Chairman BOEHLERT. Without objection, so ordered. The amendment has been worked with—cooperation and consultation on the 

part of the minority, so if there is no further discussion, the vote 

occurs on the amendment. All in favor, say aye. Aye. Opposed, no. 

The ayes have it and the amendment is agreed to. The next amendment on the roster is amendment #3 offered by Mr. Moore of Kansas. Mr. Hall, are you going to offer Ms. Jackson-Lee’s? 

Mr. HALL. Yes, I would be glad to. 

Chairman BOEHLERT. Amendment #2 offered by Mr. Hall on behalf of Ms. Jackson-Lee. Ready to proceed? 

Mr. MOORE. Ready to proceed, Your Honor. 

Chairman BOEHLERT. The Clerk will report the amendment. 

Mr. MOORE. This amendment makes sure that we tap into 

all——

Chairman BOEHLERT. Let the Clerk report. 

Ms. TESIERI. Amendment to H—— Chairman BOEHLERT. Let the Clerk. 

Ms. TESSIERI. Amendment to H.R. 2608 offered by Mr. Hall on 

behalf of Ms. Jackson-Lee of Texas.

Chairman BOEHLERT. The gentleman is recognized. 

Mr. HALL. This amendment simply makes sure that we tap into 

all the resources that our system has to offer by stating that activities in the new program will 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, or other underrepresented populations. The amendment will ensure that our federal 

reserve programs are as inclusive as possible and not exclusive of 

people in program that need and deserve support. I hope you can 

support it. 

Chairman BOEHLERT. I certainly can support it. It is a good 

amendment, as—— Mr. SMITH of Michigan. Mr. Chairman, I also—— Chairman BOEHLERT. Mr. Smith. 

Mr. SMITH of Michigan. As the Chairman of the Subcommittee, 

I also support the amendment. 

Chairman BOEHLERT. The vote is on the amendment. All in favor 

say aye. Aye. Opposed, no. The ayes have it and the amendment 

is agreed to. The next amendment on the roster is amendment #3, 

offered by Mr. Moore from Kansas. Are you prepared? 

Mr. MOORE. Yes, I am. Thank you, Mr. Chairman. I have an 

amendment at the desk. 

Chairman BOEHLERT. The Clerk will report the amendment. 

Mr. MOORE. Mr. Chairman, I ask unanimous consent the amendment be considered as read. 

Chairman BOEHLERT. Without objection, so ordered.

Chairman BOEHLERT. Mr. Moore is recognized for 5 minutes. 

Mr. MOORE. Thank you, Mr. Chairman and Ranking Member 

Hall. As many of you know, this amendment I am offering today 

includes sections of a bill, H.R. 2020, some of which you are cosponsoring, which was first introduced in the 106th Congress. The 

33

base bill here talks about earthquakes and earthquakes certainly 

are a natural disaster that can take lives and destroy property. By 

the same token, tornados can take lives and wind can take lives 

and destroy property. This legislation, my initial bill, came about 

after devastating tornados in my hometown of Wichita, Kansas in 

1999. I drafted legislation modeled after NEHRP to mitigate loss 

of life and property due to winds and related hazards. I requested 

comments from the American Society of Civil Engineers, the American Association of Homebuilders, the insurance industry, meteorologists, emergency managers, academia, industry and the manufactured housing associations to fine-tune the legislation. 

On May 4 of this year, almost 4 years to the day after the deadly 

1999 Kansas and Oklahoma tornados, tornados again struck in 

metropolitan Kansas City and the surrounding suburbs and many 

of my Science Committee’s colleagues’ districts, destroying property 

and killing our constituents. These tornados didn’t check with Congress to see if they were hitting Republican or Democratic districts. 

They struck. This is not a Republican or Democratic issue, it is a 

human issue and a human tragedy. 

These windstorms destroy lives. I have seen it in my own district, and I know many of my colleagues have seen it in their districts as well. I know, for example, in May, the same time that tornados struck in Kansas, or around the same time, tornados raced 

across the state of Oklahoma, stretching from the Oklahoma panhandle to the south, central and northeastern sections of that state. 

Over the weekend of May 9, tornados left 145 people injured, one 

dead and 2,889 single family homes damaged with over $100 million in damage. 

Mr. Chairman, I would like to work with you and this Committee 

to move legislation to mitigate loss of life and property due to wind 

and related hazards. I understand that my amendment is not considered germane to the NEHRP legislation. At this time, I would 

like to ask you, Mr. Chairman, if you would consider markup of my 

legislation or similar legislation in the near future. 

Chairman BOEHLERT. I can assure the gentleman that we will 

work with him and others on the Committee who have expressed 

similar interest, Mr. Lucas, Ms. Hart. I think there are 22 colleagues on my side that have co-sponsored a bill. It is a very important subject that needs to be addressed, and we will work with you 

on a bill in this Congress, not next Congress, this Congress. 

Mr. MOORE. Mr. Chairman, I very much appreciate your assurances and I look forward to working with you on this important——

Mr. SMITH of Michigan. Would the gentleman yield before he 

withdraws? 

Mr. MOORE. Absolutely. 

Mr. SMITH of Michigan. It is interesting. In talking to the architects, especially on residential houses, they have just a military, because of military construction codes, they have just developed a 

very simple change in building when they build a residential house 

on top of the studs, the plate is two two-by-fours, there is one twoby-four at the bottom. By putting two two-by-fours at the bottom, 

they increase the wind resistance by almost 60 percent. So there 

are many areas that we need to explore that can have tremendous 

34

results in protecting lives and property. And I yield back. Thank 

you so much. 

Chairman BOEHLERT. Mr. Moore. 

Mr. MOORE. And I thank the gentleman for his comments, and 

I thank the Chairman for his assurances, and I yield back the balance of my time. 

Chairman BOEHLERT. Are you asking unanimous consent that 

the amendment be withdrawn? 

Mr. MOORE. Yes, Your Honor. 

Chairman BOEHLERT. And without objection, so ordered. Are 

there any further amendments? Seeing no—yes, Mr. Moore? Okay. 

If not, the vote occurs on final passage, H.R. 2608, the National 

Earthquake Hazard Reduction Program Reauthorization Act of 

2003. All those in favor say aye. Aye. Opposed, no. The ayes have 

it, and in the opinion of the Chair, the ayes do have it. I now recognize Mr. Hall for a motion. 

Mr. HALL. Mr. Chairman, I move that the Committee favorably 

report H.R. 2608, as amended, to the House with a recommendation that a bill, as amended, 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 Chairman 

take all necessary steps to bring that bill before the House for consideration. 

Chairman BOEHLERT. The Chair notes the presence of a reporting quorum. The question is on the motion to report the bill favorably. Those in favor of the motion will signify by saying aye. Aye. 

Opposed, no. The ayes appear to have it and the bill is favorably 

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

the table. I move that members have two subsequent calendar days 

in which to submit supplemental, minority, or additional views on 

the measure. I move pursuant to Clause 1 of Rule 22 of the House 

of Representatives that the Committee authorize the Chairman to 

offer such motions as may be necessary in the House to go to conference with the Senate on the bill H.R. 2608 or a similar Senate 

bill. Without objection, so ordered. 

[Whereupon, the Committee proceeded to other business.]

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