[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2608 Reported in Senate (RS)]

                                                       Calendar No. 771
108th CONGRESS
  2d Session
                                H. R. 2608

                          [Report No. 108-385]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 2, 2003

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

                            October 5, 2004

               Reported by Mr. McCain, without amendment

_______________________________________________________________________

                                 AN ACT


 
 To reauthorize the National Earthquake Hazards Reduction Program, and 
                          for other purposes.

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

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 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;'';
                            (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
                            (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 earthquake 
                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.'';
            (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.''.




                                                       Calendar No. 771

108th CONGRESS

  2d Session

                               H. R. 2608

                          [Report No. 108-385]

_______________________________________________________________________

                                 AN ACT

 To reauthorize the National Earthquake Hazards Reduction Program, and 
                          for other purposes.

_______________________________________________________________________

                            October 5, 2004

                       Reported without amendment