National Earthquake Hazards Reduction Program Reauthorization Act
PL 101-614 (S.2789), enacted 11/16/1990

PUBLIC LAW 101-614—NOV. 16, 1990 
104 STAT. 3231 
Public Law 101-614 
101st Congress 
An Act 
To authorize appropriations for the Earthquake Hazards Reduction Act of 1977, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "National Earthquake 
Hazards Reduction Program Reauthorization Act". 
FINDINGS 
SEC. 2. Section 2 of the Earthquake Hazards Reduction Act of 1977 
(42 U.S.C. 7701) is amended— 
(1) by striking paragraphs (5) and (6) and inserting in lieu 
thereof the following new paragraphs: 
"(5) The geological study of active faults and features can 
reveal how recently and how frequently major earthquakes 
have occurred on those faults and how much risk they pose. 
Such long-term seismic risk gissessments are needed in virtually 
every aspect of earthquake hazards management, whether 
emergency planning, public regulation, detailed building design, 
insurance rating, or investment decision. 
"(6) The vulnerability of buildings, lifelines, public works, and 
industrial and emergency facilities can be reduced through 
proper earthquake resistant design and construction practices. 
The economy and efficacy of such procedures can be substan-
tially increased through research and development."; 
(2) by redesignating paragraphs (7) through (10) as paragraphs 
(8) through (11), respectively; and 
(3) by inserting immediately after parsigraph (6) the following 
new paragraph: 
"(7) Programs and practices of departments and agencies of 
the United States are important to the communities they serve; 
some functions, such £is emergency communications and na-
tional defense, and lifelines, such as dams, bridges, and public 
works, must remain in service during and after an earthquake. 
Federally owned, operated, and influenced structures and life-
lines should serve as models for how to reduce and minimize 
hazards to the community.". 
PURPOSE 
SEC. 3. Section 3 of the Earthquake Hazards Reduction Act of 1977 
(42 U.S.C. 7702) is amended by adding at the end the following: "The 
objectives of such program shall include— 
"(1) the education of the public, including State and local 
officials, as to earthquake phenomena, the identification of 
locations and structures which are especially susceptible to 
Nov. 16, 1990 
[S. 2789] 
National 
Earthquake 
Hazards 
Reduction 
Program 
Reauthorization 
Act. 
42 u s e 7701 
note. 
104 STAT. 3232 
PUBLIC LAW 101-614—NOV. 16, 1990 
earthquake damage, ways to reduce the adverse consequences of 
an earthquake, and related matters; 
"(2) the development of technologically and economically fea-
sible design and construction methods and procedures to make 
new and existing structures, in areas of seismic risk, earthquake 
resistant, giving priority to the development of such methods 
and procedures for power generating plants, dams, hospitals, 
schools, public utilities and other lifelines, public safety struc-
tures, high occupancy buildings, and other structures which are 
especially needed in time of disaster; 
"(3) the implementation to the greatest extent practicable, in 
all areas of high or moderate seismic risk, of a system (including 
personnel, technology, and procedures) for predicting damaging 
earthquakes and for identifying, evaluating, and accurately 
characterizing seismic hazards; 
"(4) the development, publication, and promotion, in conjunc-
tion with State and local officials and professional organiza-
tions, of model building codes and other means to encourage 
consideration of information about seismic risk in making deci-
sions about land-use policy and construction activity; 
"(5) the development, in areas of seismic risk, of improved 
understanding of, and capability with respect to, earthquake-
related issues, including methods of mitigating the risks from 
earthquakes, planning to prevent such risks, disseminating 
warnings of earthquakes, organization emergency services, and 
planning for reconstruction and redevelopment after an earth-
quake; 
"(6) the development of ways to increase the use of existing 
scientific and engineering knowledge to mitigate earthquake 
hazards; and 
"(7) the development of ways to assure the availability of 
affordable earthquake insurance.". 
DEFINITIONS 
SEC. 4. Section 4 of the Earthquake Hazards Reduction Act of 1977 
(42 U.S.C. 7703) is amended— 
(1) by amending paragraph (2) to read as follows: 
"(2) The term 'Program' means the National Earthquake 
Hazards Reduction Program established under section 5."; 
(2) by adding at the end the following new paragraphs: 
"(6) The term 'lifelines' means public works and utilities, 
including transportation facilities and infrastructure, oil and 
gas pipelines, electrical power and communication facilities, 
and water supply and sewage treatment facilities. 
"(7) The term 'Program agencies' means the Federal Emer-
gency Management Agency, the United States Geological 
Survey, the National Science Foundation, and the National 
Institute of Standards and Technology.". 
NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM 
SEC. 5. Section 5 of the National Earthquake Hazards Reduction 
Act of 1977 (42 U.S.C. 7704) is amended to read as follows: 
"SEC. 5. NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM. 
"(a) EsTABUSHMENT.—There is established a National Earthquake 
Hazards Reduction Program. 
PUBLIC LAW 101-614—NOV. 16, 1990 
104 STAT. 3233 
"Ot)) RESPONSIBILITIES OF PROGRAM AGENCIES.— 
"(1) LEAD AGENCY.—The Federal 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 shall— 
"(A) prepare, in conjunction with the other Program 
agencies, an annual budget for the Program to be submitted 
to the Office of Management and Budget; 
"(B) ensure that the Program includes the necessary 
steps to promote the implementation of earthquake hazard 
reduction measures by Federal, State, and local govern-
ments, national standards and model building 
code 
organizations, architects and engineers, and others with a 
role in planning and constructing buildings and lifelines; 
"(C) prepare, in conjunction with the other Program 
agencies, a written plan for the Program, which shall in-
clude 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; 
"(D) prepare, in conjunction with the other Program Reports 
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; and 
"(E) request the assistance of Federal agencies other than 
the Program agencies, £is necessary to assist in carrying out 
this Act. 
The principal official carrjdng out the responsibilities described 
in this par£igraph shall be at a level no lower than that of 
Associate Director. 
"(2) FEDERAL EMERGENCY MANAGEMENT AGENCY.— 
"(A) PROGRAM RESPONSIBIUTIES.—In addition to the lead 
gigency responsibilities described in paragraph (1), the 
Director of the Agency shall— 
"(i) operate a program of grants and technical 
assistance which would enable States to develop 
preparedness and response plans, prepare inventories 
and conduct seismic safety inspections of critical struc-
tures 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 pur-
poses; 
"(ii) prepare and execute, in conjunction with the 
Program agencies, the Department of Eklucation, other 
Federal agencies, and private sector groups, a com-
prehensive earthquake education and public awareness 
program, to include development of materials and their 
wide dissemination to schools and the general public; 
^ 
"(iii) prepare and disseminate widely, with the assist-
ance of the National Institute of Standards and Tech-
nology, other Federal agencies, and private sector 
groups, information on building codes and practices for 
structures and lifelines; 
Grant programs. 
Inter-
governmental 
relations. 
Education. 
Public 
information. 
104 STAT. 3234 
PUBLIC LAW 101-614—NOV. 16, 1990 
"(iv) develop, and coordinate the execution of. Fed-
eral interagency plans to respond to an earthquake, 
with specific plans for each high-risk area which 
ensure the availability of adequate emergency medical 
resources, search and rescue personnel and equipment, 
and emergency broadcast capability; 
"(v) develop approaches to combine measures for 
earthquake hazards reduction with measures for reduc-
tion of other natural and technological hazards; and 
"(vi) provide response recommendations to commu-
nities after an earthquake prediction has been made 
under paragraph (8XD). 
In addition, the Director of the Agency may enter into 
cooperative agreements or contracts with States and local 
jurisdictions to establish demonstration projects on earth-
quake hazard mitigation, to link earthquake research and 
mitigation efforts with emergency management programs, 
or to prepare educational materials for national distribu-
tion. 
"(B) STATE ASSISTANCE PROGRAM CRITERIA.—In order to 
qualify for assistance under subparagraph (AXi), a State 
must— 
"(i) demonstrate that the assistance will result in 
enhanced seismic safety in the State; 
"(ii) provide a share of the costs of the activities for 
which assistance is being given, in accordance with 
subparagraph (C); and 
"(iii) meet such other requirements as the Director of 
the Agency shall prescribe. 
"(C) NON-FEDERAL COST SHARING.— 
"(i) In the case of any State which has received, 
before October 1, 1990, a grant from the Agency for 
activities under this Act which included a requirement 
for cost sharing by matching such grant, any grant 
obtained from the Agency for activities under subpara-
graph (AXi) after such date shall not include a require-
ment for cost sharing in an amount greater than 50 
percent of the cost of the project for which the grant is 
made. 
"(ii) In the case of any State which has not received, 
before October 1, 1990, a ^ a n t from the Agency for 
activities under this Act which included a requirement 
for cost sharing by matching such grant, any grant 
obtained from the Agency for activities under subpara-
graph (AXi) after such date— 
"(I) shall not include a requirement for cost shar-
ing for the first fiscal year of such a grant; 
"(II) shall not include a requirement for cost 
sharing in an amount greater than 25 percent of 
the cost of the project for which the grant is made 
for the second fiscal year of such grant, and any 
cost sharing requirement may be satisfied through 
in-kind contributions; 
"(III) shall not include a requirement for cost 
sharing in an amount greater than 35 percent of 
the cost of the project for which the grant is made 
for the third fiscal year of such grant, and any cost 
PUBLIC LAW 101-614—NOV. 16, 1990 
104 STAT. 3235 
sharing requirement may be satisfied through in-
kind contributions; and 
"(IV) shall not include a requirement for cost 
sharing in an amount greater than 50 percent of 
the cost of the project for which the grant is made 
for the fourth and subsequent fiscal years of such 
grant. 
"(3) UNITED STATES GEOLOGICAL SURVEY.—The United States Research. 
Geological 
Survey 
shall 
conduct 
research 
necessary to 
characterize and identify earthquake hazards, assess earth-
quake risks, monitor seismic activity, and improve earthquake 
predictions. In carrying out this paragraph, the Director of the 
United States Geological Survey shall— 
"(A) conduct a systematic assessment of the seismic risks 
in each region of the Nation prone to earthquakes, includ-
ing, where appropriate, the establishment and operation of 
intensive monitoring projects on hazardous faults, seismic 
microzonation studies in urban and other developed areas 
where earthquake risk is determined to be significant, and 
engineering seismology studies; 
"(B) work with officials of State and local governments to 
ensure that they are knowledgeable about the specific seis-
mic risks in their areas; 
"(C) develop standard procedures, in consultation with 
the Agency, for issuing earthquake predictions, including 
aftershock advisories; 
"(D) issue when necessary, and notify the Director of the 
Agency of, an earthquake prediction or other earthquake 
advisory, which may be evaluated by the National Earth-
quake Prediction Evaluation Council, which shall be 
exempt from the requirements of section 10(aX2) of the 
Federal Advisory Committee Act when meeting for such 
purposes; 
"(E) establish, using existing facilities, a Center for the 
International Exchange of Earthquake Information which 
shall— 
"(i) promote the exchange of information on earth-
quake research and earthquake preparedness between 
the United States and other nations; 
"(ii) maintain a library containing selected reports, 
research papers, and data produced through the Pro-
gram; 
"(iii) answer requests from other nations for informa-
tion on United States earthquake research and earth-
quake preparedness programs; and 
"(iv) direct foreign requests to the agency involved in 
the Program which is best able to respond to the 
request; and 
"(F) operate a National Seismic Network; 
"(G) support regional seismic networks, which shall com-
plement the National Seismic Network. 
"(4) NATIONAL SCIENCE FOUNDATION.—The National Science Research. 
Foundation shall be responsible for funding research on earth 
sciences to improve the understanding of the causes and behav-
ior of earthquakes, on earthquake engineering, and on human 
response to earthquakes. In carrying out this paragraph, the 
Director of the National Science Foundation shall— 
Establishment. 
Foreign 
relations. 
104 STAT. 3236 
PUBLIC LAW 101-614—NOV. 16, 1990 
"(A) encourage prompt dissemination of significant find-
ings, sharing of data, samples, physical collections, and 
other supporting materials, and development of intellectual 
property so research results can be used by appropriate 
organizations to mitigate earthquake damage; 
"(B) in addition to supporting individual investigators, 
support university research consortia and centers for re-
search in geosciences and in earthquake engineering; 
"(C) work closely with the United States Geological 
Survey to identify geographic regions of national concern 
that should be the focus of targeted solicitations for earth-
quake-related research proposals; 
"(D) emphasize, in earthquake engineering research, 
development of economically feasible methods to retrofit 
existing buildings and to protect lifelines to mitigate earth-
quake damage; and 
"(E) support research that studies the political, economic, 
and social factors that influence the implementation of 
hazard reduction measures. 
"(5) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.— 
The National Institute of Standards and Technology shall be 
responsible for carrying out research and development to im-
prove building codes and standards and practices for structures 
and lifelines. In carr5dng out this paragraph, the Director of the 
National Institute of Standards and Technology shall— 
"(A) work closely with national standards and model 
building code organizations, in conjunction 
with the 
Agency, to promote the implementation of research results; 
"(B) promote better building practices among architects 
and engineers; and 
"(C) work closely with national standards organizations 
to develop seismic safety standards and practices for new 
and existing lifelines.". 
OFFICE OF SCIENCE AND TECHNOLOGY POLICY REPORT 
SEC. 6. Section 6 of the Earthquake Hazards Reduction Act of 1977 
(42 U.S.C. 7705) is amended to read as follows: 
"SEC. 
6
. 
OFFICE 
OF 
SCIENCE 
AND 
TECHNOLOGY 
POLICY 
REPORT. 
"The Director of the Office of Science and Technology Policy shall, 
within 3 months after the date of the enactment of the National 
Earthquake Hazards Reduction Program Reauthorization Act, 
report to the Committee on Commerce, Science, and Transportation 
of the Senate and to the Committee on Science, Space, and Tech-
nology and the Committee on Interior and Insular Affairs of the 
House of Representatives with respect to how the Office of Science 
and Technology Policy can play a role in interagency coordination, 
plsmning, and operation of the Program.". 
ADVISORY COMMITTEE 
SEC. 7. The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
7701 et seq.) is amended— 
42 use 7706. 
(1) by redesignating section 7 as section 12; and 
(2) by inserting immediately after section 6 the following new 
section: 
PUBLIC LAW 101-614—NOV. 16, 1990 
104 STAT. 3237 
•SEC. 7. ADVISORY COMMITTEE. 
42 use 7705a. 
"There is established a National Earthquake Hazards Reduction Establishment. 
Program Advisory Committee (hereafter in this Act referred to as 
the 'Advisory Committee'), which shall advise the Program agencies 
on planning and implementing the Program. The Director of the 
Agency shall, in consultation with the directors of the Program 
agencies, determine the number of members on the Advisory 
Committee and the duration of their terms, and appoint the Chair-
man and Members of the Advisory Committee. The Advisory 
Committee shall have balanced representation of State and local 
governments, the design professions, the research community, busi-
ness and industry, and the general public. The Advisory Committee 
shall meet at the call of the Chairman, but in no event less often 
than every 6 months. The Advisory Committee shall submit a Reports, 
written report directly to the Congress, without review by the Office 
of Management and Budget or any other agency, by January 31 of 
each calendar year beginning after the date of enactment of the 
National Earthquake Hazards Reduction Program Reauthorization 
Act, which shall describe any recommendations the Advisory 
Committee has made to the Program agencies during the preceding 
year. Members of the Advisory Committee shall serve without com-
pensation but may receive reimbursement for expenses. All ex-
penses of the Advisory Committee shall be borne by the Agency. The 
Advisory Committee shall expire September 30,1993.". 
Termination 
date. 
SEISMIC STANDARDS 
SEC. 8. (a) AMENDMENT.—The Earthquake Hazards Reduction Act 
of 1977 (42 U.S.C. 7701 et seq.), as amended by section 7 of this Act, is 
further amended by inserting immediately after section 7 the follow-
ing new section: 
"SEC. 8. SEISMIC STANDARDS. 
"(a) BUILDINGS.— 
"(1) ADOPTION OF STANDARDS.—The President shall adopt, not 
later than December 1, 1994, standards for assessing and 
enhancing the seismic safety of existing buildings constructed 
for or leased by the Federal Government which were designed 
and constructed without adequate seismic design and construc-
tion standards. Such standards shall be developed by the Inter-
agency Committee on Seismic Safety in Construction, whose 
chairman is the Director of the National Institute of Standards 
and Technology or his designee, and which shall work in con-
sultation with appropriate private sector organizations. 
"(2) REPORT TO CONGRESS.—The President shall report to the 
Congress, not later than December 1, 1994, on how the stand-
ards adopted under paragraph (1) could be applied with respect 
to buildings— 
"(A) for which Federal financial assistance has been ob-
tained through grants, loans, financing guarantees, or loan 
or mortgage insurance programs; or 
"(B) the structural safety of which is regulated by a 
Federal agency. 
"(3) REGULATIONS.—The President shall ensure the issuance, 
before February 1, 1993, by all Federal agencies of final regula-
tions required by section 4(b) of Executive Order numbered 
12699, issued January 5,1990. 
President. 
42 use 7705b. 
104 STAT. 3238 
PUBLIC LAW 101-614—NOV. 16, 1990 
"(b) LiFEUNES.—The Director of the Agency, in consultation with 
the Director of the National Institute of Standards and Technology, 
shall submit to the Congress, not later than June 30, 1992, a plan, 
including precise timetables and budget estimates, for developing 
and adopting, in consultation with appropriate private sector 
organizations, design and construction standards for lifelines. The 
plan shall include recommendations of ways Federal regulatory 
authority could be used to expedite the implementation of such 
standards.". 
42 use 7705b 
(b) REPORT T
O CONGRESS.—The Comptroller General shall, not 
"**'®- 
later than 18 months after the date of enactment of this Act, report 
to the Committee on Commerce, Science, and Transportation of the 
Senate and to the Committee on Interior and Insular Affairs and the 
Committee on Science, Space, and Technology of the House of 
Representatives on the vulnerability of buildings owned and leased 
by the Federal Government and on the efforts of Federal agencies to 
improve the seismic resistance of the buildings they own or lease. 
For each such agency, the Comptroller General shall enumerate the 
number of buildings owned or leased by the agency, the seriousness 
of the seismic risk to such buildings, and the value of the buildings 
at risk. The Comptroller General shall tabulate the expenditures 
each such agency has devoted to reducing earthquake damage and 
estimate the total expenditure necessary to address the problem 
adequately. 
ACCEPTANCE OF GIFTS 
SEC. 9. The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
7701 et seq.), as amended by sections 7 and 8 of this Act, is further 
amended by inserting immediately after section 8 the following new 
section: 
42 u s e 7705c. 
"SEC. 9. ACCEPTANCE OF GIFTS. 
"(a) AUTHORITY.—In furtherance of the purposes of this Act, the 
Director of the Agency may accept and use bequests, gifts, or 
donations of services, money, or property, notwithstanding section 
3679 of the Revised Statutes (31 U.S.C. 1342). 
Regulations. 
"(b) CRITERIA.—The Director of the Agency shall establish by 
regulation criteria for determining whether to accept bequests, gifts, 
or donations of services, money, or property. Such criteria shall take 
into consideration whether the acceptance of the bequest, gift, or 
donation would reflect unfavorably on the Director's ability to carry 
out his responsibilities in a fair and objective manner, or would 
compromise the integrity of, or the appearance of the integrity of, 
the Program or any official 
involved in administering 
the 
Program.". 
NON-FEDERAL COST SHARING FOR SUPPLEMENTAL FUNDS 
SEC. 10. The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
7701 et seq.), as amended by sections 7, 8, and 9 of this Act, is further 
amended by inserting immediately after section 9 the following new 
section: 
42 u s e 7705d. 
"SEC. 10. NON-FEDERAL COST SHARING FOR SUPPLEMENTAL FUNDS. 
"A grant under this Act to a State from the Agency that is made 
with funds appropriated under the Fiscal Year 1990 Dire Emergency 
Supplemental to Meet the Needs of Natural Disasters of National 
PUBLIC LAW 101-614—NOV. 16, 1990 
104 STAT. 3239 
Significance (Public Law 101-130; 103 Stat. 775) shall not include a 
requirement for cost sharing in an amount greater than 25 percent 
of the cost of the project for which the grant is made, and any cost 
sharing requirement may be satisfied through in-kind contribu-
tions.". 
INVESTIGATIONS 
SEC. 11. (a) AMENDMENT.—The Earthquake Hazards Reduction 
Act of 1977 (42 U.S.C. 7701 et seq.), as amended by sections 7 through 
10 of this Act, is further amended by inserting after section 10 the 
following new section: 
"SEC. 11. POST-EARTHQUAKE INVESTIGATIONS PROGRAM. 
"There is established within the United States Geological Survey 
a post-earthquake investigations program, the purpose of which is to 
investigate major earthquakes, so as to learn lessons which can be 
applied to reduce the loss of lives and property in future earth-
quakes. The United States Geological Survey, in consultation with 
each Program agency, shall organize investigations to study the 
implications of the earthquake in the areas of responsibility of each 
Program agency. The investigations shall begin as rapidly as pos-
sible and may be conducted by grantees and contractors. The Pro-
gram agencies shall ensure that the results of investigations are 
disseminated widely. The Director of the Survey is authorized to 
utilize earthquake expertise from the Agency, the National Science 
Foundation, the National Institute of Standards and Technology, 
other Federal agencies, and private contractors, on a reimbursable 
basis, in the conduct of such earthquake investigations. At a mini-
mum, investigations under this section shall include— 
"(1) analysis by the National Science Foundation and the 
United States Geological Survey of the causes of the earthquake 
and the nature of the resulting ground motion; 
"(2) analysis by the National Science Foundation and the 
National Institute of Standards and Technology of the behavior 
of structures and lifelines, both those that were damaged and 
those that were undamaged; and 
"(3) analysis by each of the Program sigencies of the effective-
ness of the earthquake hazards mitigation programs and actions 
relating to its area of responsibility under the Program, and 
how those programs and actions could be strengthened.", 
(b) REPORT TO CONGRESS.—The Director of the Federal Emergency 
Management Agency in consultation with the other agencies of the 
National Earthquake Hazards Reduction Program shall, not later 
than one year after the date of enactment of this Act, report to the 
Committee on Commerce, Science, and Transportation and the 
Committee on Appropriations of the Senate and to the Committee 
on Interior and Insular Affairs, the Committee on Science, Space, 
and Technology, and the Committee on Appropriations of the House 
of Representatives on possible options for funding a program for 
post-earthquake investigations. Such report, at a minimum, shall 
consider funding such a program either by setting aside a percent-
age of disaster relief funds provided by the Federal Emergency 
Management Agency after a major earthquake or by a revolving 
fund. The report shall include a recommendation on how the fund-
ing for such investigations should be allocated among the other 
Program agencies. 
42 u s e 7705e. 
42 u s e 7705e 
note. 
104 STAT. 3240 
PUBLIC LAW 101-614—NOV. 16, 1990 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 12. Section 12 of the Earthquake Hazards Reduction Act of 
1977, as so redesignated by section 7(1) of this Act, is amended— 
(1) in subsection (a)(7)— 
(A) by striking "the provisions of sections 5 and 6 of; 
(B) by striking "and $5,798,000" and inserting in lieu 
thereof "$8,798,000"; and 
(C) by inserting ", $14,750,000 for the fiscal year ending 
September 30, 1991, $19,000,000 for the fiscal year ending 
September 30, 1992, and $22,000,000 for the fiscal year 
ending September 30, 1993" immediately before the period 
at the end; 
(2) in subsection (b)— 
(A) by striking "and $43,283,000" and inserting in lieu 
thereof "$55,283,000"; and 
(B) by inserting ", of which $8,000,000 shall be for earth-
quake 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; and $62,500,000 for 
the fiscal year ending September 30, 1993" immediately 
before the period at the end; 
(3) in subsection (c)— 
(A) by striking "and $35,454,000" and inserting in lieu 
thereof "$38,454,000"; and 
(B) by adding at the end the following: "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 sec-
tion 101(e)(1) of the National Science Foundation Authoriza-
tion 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 re-
search under this Act, for the fiscal year ending Septem-
ber 30,1993."; 
(4) in subsection (d)— 
(A) by striking "NATIONAL BUREAU OF STAND-
ARDS" and inserting in lieu thereof "NATIONAL IN-
STITUTE OF STANDARDS AND TECHNOLOGY"; 
(B) by striking "Bureau" and inserting in lieu thereof 
"National Institute of Standards and Technology"; 
(C) by striking "and $525,000" and inserting in lieu 
thereof "$2,525,000"; and 
(D) by inserting "; $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 
PUBLIC LAW 101-614—NOV. 16, 1990 
104 STAT. 3241 
ending September 30, 1993" immediately before the period 
at the end; and 
(5) by adding at the end the following new subsection: 
"(f) AVAILABILITY OF FUNDS.—Funds appropriated for fiscal years 
1991, 1992, and 1993 pursuant to this section shall remain available 
until expended.". 
BUY AMERICAN REQUIREMENT 
SEC. 13. (a) DETERMINATION BY DIRECTOR.—If the Director of the 
Federal Emergency Management Agency, with the concurrence of 
the Secretary of Commerce and the United States Trade Represent-
ative, determines that the public interest so requires, the Agency is 
authorized to award to a domestic firm a contract made pursuant to 
the issuance of any grant made under this Act that, under the use of 
competitive procedures, would be awarded to a foreign firm, i
f
— 
(1) the final product of the domestic firm will be completely 
assembled in the United States; 
(2) when completely assembled, not less than 51 percent of the 
final product of the domestic firm will be domestically produced; 
and 
(3) the difference between the bids submitted by the foreign 
and domestic firms is not more than 6 percent. 
In determining under this subsection whether the public interest so 
requires, the Agency shall take into account United States inter-
national obligations and trade relations. 
(b) LIMITED APPLICATION.—This section shall not apply to the 
extent to which— 
(1) such applicability would not be in the public interest; 
(2) compelling national security considerations require other-
wise; or 
(3) the United States Trade Representatives determines that 
such an award would be in violation of the General Agreement 
on Tariffs and Trade or an international agreement to which 
the United States is a party. 
(c) LIMITATION.—This section shall apply only to contracts made 
related to the issuance of any grant made under this Act for which— 
(1) amounts are authorized by this Act (including the amend-
ments made by this Act) to be made available; and 
(2) solicitations for bids are issued after the date of the 
enactment of this Act. 
(d) REPORT TO CONGRESS.—The Agency shall report to the Con-
gress on contracts covered under this section and entered into with 
foreign entities in fiscal years 1990 and 1991 and shall report to the 
Congress on the number of contracts that meet the requirements of 
subsection (a) but which are determined by the United States Trade 
Representatives to be in violation of the General Agreement on 
Tariffs and Trade or an international agreement to which the 
United States is a party. The Agency shall also report to the 
Congress on the number of contracts covered under this Act (includ-
ing the amendments made by this Act) and awarded based upon the 
parameters of this section. 
104 STAT. 3242 
PUBLIC LAW 101-614—NOV. 16, 1990 
Reports. 
42 use 7704 
note. 
Reports. 
Inter-
governmental 
relations. 
(e) DEFINITIONS.—For purposes of this section— 
(1) the term "domestic firm" means a business entity that is 
incorporated in the United States and that conducts business 
operations in the United States; and 
(2) the term "foreign firm" means a business entity not 
described in paragraph (2). 
CATASTROPHIC EARTHQUAKE IMPACT STUDIES 
SEC. 14. (a) STUDY OF INDIRECT ECONOMIC LOSSES.—Within 12 
months after the date of enactment of this Act, the Director of the 
Federal Emergency Management Agency shall submit, to the 
Committee on Science, Space, and Technology, the Committee on 
Interior and Insular Affairs, and the Committee on Banking, Fi-
nance and Urban Affairs of the House of Representatives, and to the 
Committee on Commerce, Science and Transportation and the 
Committee on Banking, Housing, and Urban Affairs of the Senate, a 
report on the results of a study on the impact and repercussions of a 
catastrophic earthquake on local, regional, and national economies. 
The Director of the Federal Emergency Management Agency shall 
appoint, in consultation with the Department of the IVeasury, a 
panel of experts in relevant fields and activities to undertake such 
study. In particular, the study shall evaluate the repercussions and 
indirect economic impact of such an earthquake on— 
(1) financial markets; 
(2) the national banking system; 
(3) the insurance industry; and 
(4) the national energy distribution network; 
and shall include an estimate of the ability of current disaster 
assistance efforts and insurance coverage to allow recovery from the 
economic losses caused by a catastrophic earthquake. 
(b) STUDY ON IMPROVING EARTHQUAKE MITIGATION.—Within 12 
months after the date of enactment of this Act, the Director of the 
Federal Emergency Management Agency shall submit, to the 
Committee on Science, Space, and Technology, the Committee on 
Interior and Insular Affairs, and the Committee on Banking, Fi-
nance and Urban Affairs of the House of Representatives, and to the 
Committee on Commerce, Science, and Transportation and the 
Committee on Banking, Housing, and Urban Affairs of the Senate, a 
report on the results of a study on the adequacy of preparation and 
response capabilities for reducing and recovering from losses caused 
by a catastrophic earthquake. The Director of the Federal Emer-
gency Management Agency shall appoint, in consultation with the 
United States Geological Survey, the National Institute of Stand-
ards and Technology, and the National Science Foundation, a panel 
of experts in relevant fields and activities to undertake such study. 
The study required under subsection shall 
(1) identify impediments to the effective implementation of 
Federal, State, and local programs of earthquake hazard mitiga-
tion, including an analysis of the appropriate roles for Federal, 
State, and local governments and the private sector in prepar-
ing for and responding to the economic and social consequences 
of earthquakes; and 
(2) consider the effectiveness, and efficiencies of alternative 
ways for Federal, State, and local governments to reduce the 
PUBLIC LAW 101-614—NOV. 16, 1990 
104 STAT. 3243 
economic impact of earthquakes, including earthquake hazard 
mitigation, disaster assistance, earthquake insurance for home-
owners and small businesses, and earthquake reinsurance for 
general commercial liabilities. 
Approved November 16, 1990. 
LEGISLATIVE HISTORY—S. 2789: 
SENATE REPORTS: No. 101-446 (Ctomm. on Commerce, Science, and 
Transportation). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 19, considered and passed Senate. 
Oct. 20, considered and passed House.