[Senate Report 108-385]
[From the U.S. Government Publishing Office]
108th Congress
2d Session SENATE Report
108-385
_______________________________________________________________________
NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM REAUTHORIZATION ACT OF
2003
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
H.R. 2608
October 5, 2004.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
second session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Rob Freeman, Deputy Staff Director
Robert W. Chamberlin, Chief Counsel
Kevin D. Kayes, Democratic Staff Director and Chief Counsel
(II)
108th Congress Report
SENATE
2d Session 108-385
======================================================================
NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM REAUTHORIZATION ACT OF
2003
_______
October 5, 2004.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany H.R. 2608]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (H.R. 2608) to reauthorize the
National Earthquake Hazards Reduction Program, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of this legislation, as reported, is to
reauthorize the National Earthquake Hazards Reduction Program
(NEHRP or Program), to authorize appropriations for this multi-
agency program at the Federal Emergency Management Agency
(which has been transferred into the Emergency Preparedness and
Response (EP&R) Directorate of the Department of Homeland
Security (DHS)), the U.S. Geological Survey (USGS), the
National Science Foundation (NSF), and the National Institute
of Standards and Technology (NIST), and to improve the
coordination of the Program among these agencies.
Background and Needs
Earthquakes are shakings or tremors caused by seismic waves
passing through the Earth's interior. Seismic waves can be
produced by an explosion, volcanic eruption, or, most commonly,
by the faulting or fracturing of rock within the Earth's
``outer shell'' or crust by geologic forces. The faults, along
which movement occurs, form because rocks in the upper miles of
the crust are brittle and fracture from stress. The stress may
result from movements of molten rock tens of miles beneath the
surface, from forces related to Earth's rotation on its axis,
or from other causes. From time to time, the accumulation of
stress becomes too great for the rock to withstand, and it
fractures. The movement along the fracture relieves some of the
stress, until it again builds up. Consequently, earthquakes
commonly occur along previous fracture zones and are not
randomly distributed. For example, 80% of the world's
earthquake energy is released around the Pacific rim, from
Chile northward through Central America, the western United
States, Canada, Alaska, Japan, Indonesia, and New Zealand.
However, while most earthquakes occur along the fracture zones
that form the boundaries of the Earth's crustal plates, some do
occur within the crustal plates.
The theory of plate tectonics forms the framework for the
expected location and occurrence of earthquakes. This large-
scale picture of the tectonics, or movement of the outer layers
of the Earth, was developed in the 1960s and 1970s. According
to the theory, the outer layers of the Earth are broken into 13
or more large plates that migrate a few centimeters per year
across the surface of the Earth. Over hundreds of millions of
years, this migration can move continents from the equator to
the poles, rift land masses apart, or assemble land fragments
to form continents. As plates move, they grind past or run into
one another. The motion between the plates produces the stress
that results in most of the world's earthquakes. For the United
States, the two types of plate boundaries most associated with
damaging earthquakes are subduction zones (one plate overriding
another) and lateral motion (two plates slipping past each
other) which produces strike-slip faults.
All 50 states are vulnerable to the hazards of earthquakes
and at least 39 of them are subject to seismic risk ranging
from moderate to major. 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. Two of the most
recent earthquakes in the United States occurred on December 9,
2003 near Richmond, Virginia, which registered 4.5 on the
Richter scale, and on December 22, 2003 near Paso Robles,
California. Two people were killed in the California
earthquake, which had a magnitude of 6.5.
The NEHRP was created in 1977 when Congress passed the
Earthquake Hazards Reduction Act (P.L. 95-124). The act
reflected the general optimism of the times about the potential
for earthquake prediction and accurate short-term forecasts of
the location, magnitude, and timing of earthquakes. It
authorized appropriations for the United States Geological
Survey (USGS) and the National Science Foundation (NSF). While
the act mentioned non-research activities such as public
education and code development, it did not make clear how those
objectives were to be implemented. Instead, the President was
charged with developing an implementation plan. After the
Federal Emergency Management Agency (FEMA) was created in 1979,
the President designated it as the lead agency for NEHRP. In
1980, Congress reauthorized the Earthquake Hazards Reduction
Act (P.L. 96-472) to define FEMA as lead agency and to
authorize additional funding for FEMA and the National Bureau
of Standards (which has been renamed National Institute of
Standards and Technology (NIST)). While NEHRP has been
reauthorized nine times, the only other substantive changes
were made in 1990 (P.L. 101-614). These included decreasing
emphasis on the role of earthquake prediction; clarifying and
defining the role of FEMA; clarifying and expanding the program
objectives; and requiring Federal agencies to adopt seismic
safety standards for new and existing Federal buildings.
Currently, NEHRP includes funding for the four principal
agencies with the functions listed below:
The Emergency Preparedness and Response
Directorate of DHS/FEMA: As the current lead agency of
NEHRP, the EP&R Directorate is primarily responsible
for translating the research programs of the other
agencies into effective earthquake hazard reduction
measures for implementation at the State and local
levels and within Federally- owned or leased
properties. That responsibility includes developing and
disseminating improved seismic design and construction
techniques and standards for application by Federal,
State, and local entities, and for voluntary use by
design professionals and model code groups that
formulate Uniform Building codes. The EP&R Directorate
also coordinates the Federal response to catastrophic
earthquakes; provides financial and technical
assistance to State and local governments to implement
comprehensive earthquake hazard reduction programs; and
develops public awareness and education programs. The
EP&R Directorate also prepares a coordinated budget
document for the NEHRP, and, through the interagency
NEHRP group, plans and participates in the development
of earthquake research agendas and new mitigation
techniques. An important role of the EP&R Directorate
is to ensure that there is no unnecessary duplication
among the Federal agency programs.
USGS: The USGS conducts basic research on
earthquakes and provides assessments of earthquake
hazards. This includes studies of the geology and
seismicity of an area using instruments,
paleoseismological techniques, and historical records
to suggest the likelihood and size of potential
earthquakes and to identify and assess the seismic
hazards. The information generated provides local
communities and other bodies with a basis for
prioritizing hazard reduction activities. The most
recent products of this effort are the National Seismic
Hazards Maps that serve as the scientific basis for the
seismic design maps that are incorporated into model
building codes. Further, the USGS monitors strong
ground motion during earthquakes, which, coupled with
surface geology, is used as an input into building
design. The USGS also conducts research to understand
how earthquakes occur and to identify precursors that
might make it possible to predict them.
The USGS also is developing the Advanced National
Seismic System (ANSS) to expand the ground- and
building-based strong motion recordings in urban areas,
thus providing the engineering community with the data
they need to improve building codes and structural
design practices. The ANSS plan calls for the placement
of 3,000 additional ground-based instruments and 3,000
structural instruments in 26 seismically active
metropolitan areas across the United States. The ANSS
ground-based instruments will be positioned to sample a
range of different soil types, geologic and basin
conditions, and fault proximity. In addition, the
instruments will be deployed close to major fault zones
to capture large ground motion should faults slip
during a major earthquake. ANSS structural sites will
be selected to validate and calibrate building designs
and retrofit codes, calibrate post-earthquake
evaluation procedures, and advance new methods such as
performance-based design standards. The data acquired
from these instruments will be used to improve the
current design standards for buildings, lifelines, and
other structures, and identify critical weaknesses of
current structures.
NIST: NIST is mandated by Congress to
conduct research and development in earthquake
engineering directed at improving building codes and
standards as well as advancing practices for structures
and lifelines. This work focuses on the development of
design guidelines and test requirements through
problem-focused research and development to introduce
the use of new and innovative mitigation measures to
the design and construction professions. NIST
investigators use the earthquake damage zones as
laboratories in post-earthquake studies. By examining
the response of the built environment, investigators
seek to improve the design practices used for
structures and lifeline systems. All four NEHRP
agencies participate in post-earthquake studies as an
aid in carrying out their assigned functions.
NSF: NSF supports fundamental earthquake
research through large-scale, small group, and
individual research activities and by funding centers,
facilities, and instrumentation. Research funded by NSF
includes engineering research, basic earth science
research, and earthquake-related social science
research. The earthquake engineering research includes
studying how buildings respond to earthquakes, how to
design and construct buildings to resist earthquakes
better, and how to transfer that knowledge to the
engineers and architects who design buildings and
develop building codes.
NSF also has two major research projects under way to
study earthquakes. EarthScope is a distributed, multi-
purpose geophysical instrument array that will make
major advances in our knowledge and understanding of
the structure and dynamics of the North American
continent. The EarthScope observational facility,
consisting of the Plate Boundary Observatory (PBO), the
San Andreas Fault Observatory at Depth (SAFOD), and the
USArray, provides a framework for broad, integrated
studies across the earth sciences, including research
on fault properties and the earthquake process; crustal
strain transfer; magmatic and hydrous fluids in the
crust and mantle; plate boundary processes; large-
scale continental deformation; continental structure
and evolution; and composition and structure of the
deep-Earth. NSF, USGS, the National Aeronautics and
Space Administration (NASA), the Department of Energy,
and the International Continental Scientific Drilling
Programme will be the funding partners of EarthScope,
with USGS and NASA expected as operating partners.
In addition, NSF is developing the George E. Brown, Jr.
Network for Earthquake Engineering Simulation (NEES). NEES will
provide a national, networked simulation resource of fifteen
geographically distributed, shared use next-generation
experimental research equipment sites with teleobservation and
teleoperation capabilities. The purpose of NEES is to improve
seismic design and performance of U.S. civil and mechanical
infrastructure systems. The system will use shake tables,
geotechnical centrifuges, a tsunami wave basin, large-scale
laboratory experimentation systems and field experimentation
and monitoring installations. NEES equipment will be located at
academic institutions throughout the U.S. networked together
through a high performance Internet system, and operated during
the fiscal year (FY) 2005 through FY 2014 by a NEES Consortium.
The President's budget request for FY 2005 for the entire
NEHRP program is $114.59 million including $20.5 million for
EP&R/FEMA; $45.74 million for NSF; $46.5 million for USGS; and
$1.85 million for NIST.
Summary of Provisions
H.R. 2608, as reported, would reauthorize the National
Earthquake Hazards Reduction Program (NEHRP) for FY 2004
through FY 2006 to coordinate multi-agency efforts to
understand earthquake impact and reduce the hazards associated
with earthquakes. It also would revise 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.
The legislation would establish an Interagency Coordinating
Committee (ICC), and designate the Director of NIST as the
Chair of the Committee, transferring leadership of the Program
from FEMA to NIST. In addition, H.R. 2608, as reported, would
require the Committee to develop, and update periodically, both
a strategic plan and a management plan to implement the
strategic plan. The ICC would be required 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.
H.R. 2608, as reported, would authorize appropriations for
FEMA of $19,000,000 for FY 2004; $21,000,000 for FY 2005; and
$23,000,000 for FY 2006. In addition, it would authorize
appropriations for NIST of $8,000,000 for FY 2004; $9,600,000
for FY 2005; and $12,500,000 for FY 2006. It also would
authorize appropriations for USGS of $80,000,000 for FY 2004;
$83,500,000 for FY 2005; and $93,000,000 for FY 2006. It also
would authorize 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. The legislation would authorize
appropriations for NEES 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.
H.R. 2608, as reported, would direct 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.
The legislation also would require 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. The Advisory Committee
would be required to report its findings and recommendations.
Legislative History
On June 26, 2003, Representative Nick Smith introduced H.R.
2608, the National Earthquake Hazards Reduction Program
Reauthorization Act of 2003. This legislation was co-sponsored
by Representatives Brian Baird and Zoe Lofgren. The bill was
amended and reported by the House Science Committee (H. Rept.
108-246, Part I). On October 1, 2003, the House passed H.R.
2608 by voice vote on a motion to suspend the rules and pass
the bill.
On June 24, 2004, the Subcommittee on Science, Technology,
and Space conducted a hearing on H.R. 2608, the National
Earthquake Hazards Reduction Program Reauthorization Act of
2003. At the hearing, the witnesses included: Dr. David
Applegate, Senior Science Advisor for Earthquake & Geologic
Hazards; Mr. Archibald C. Reid, III, Deputy Director,
Mitigation Division, Emergency Preparedness and Response
Directorate, U.S. Department of Homeland Security; Dr. S.
Shyam-Sunder, Acting Director, Building and Fire Research
Laboratory, National Institute of Standards and Technology; and
Dr. Galip Ulsoy, Director, Division of Civil & Mechanical
Systems, Directorate for Engineering, National Science
Foundation.
On July 20, 2004, the Committee met in open executive session
and, by a voice vote, ordered H.R. 2608 to be reported without
amendment.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
H.R. 2608--National Earthquake Hazards Reduction Program
Reauthorization Act of 2003
Summary: Assuming appropriation of specified and estimated
authorization amounts, CBO estimates that implementing H.R.
2608 would cost $691 million over the 2004-2009 period for
programs aimed at reducing earthquake hazards. 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 act also would
authorize the appropriation of amounts necessary to the U.S.
Geological Survey for fiscal years 2007 and 2008 to implement
that act. In addition, the act 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 USGS in 2007 and 2008 by adjusting the level
specified in the act for that agency in 2006 for anticipated
inflation.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2004 2005 2006 2007 2008 2009
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for Earthquake Hazards Reduction
Activities:
Budget Authority \1\........................................ 109 0 0 0 0 0
Estimated Outlays........................................... 90 42 15 6 2 0
Proposed Changes:
FEMA:
Authorization Level..................................... 19 21 23 0 0 0
Estimated Outlays....................................... 0 9 14 18 12 7
USGS:
Estimated Authorization Level........................... 80 84 93 96 99 0
Estimated Outlays....................................... 0 69 83 92 96 99
NSF:
Authorization Level..................................... 47 64 68 0 0 0
Estimated Outlays....................................... 0 10 35 53 46 18
NIST:
Authorization Level..................................... 8 10 13 0 0 0
Estimated Outlays....................................... 0 6 9 12 3 0
-----------------------------------------------
Total Changes:
Estimated Authorization Level........................... 154 179 197 96 99 0
Estimated Outlays....................................... 0 94 141 175 157 124
Spending Under H.R. 2608 for Earthquake Hazards Reduction
Activities:
Estimated Authorization Level............................... 263 179 197 100 102 0
Estimated Outlays........................................... 90 136 156 181 159 124
----------------------------------------------------------------------------------------------------------------
\1\ The 2004 level is the amount appropriated for that year for FEMA, USGS, NSF, and NIST activities related to
earthquake hazards reduction.
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.
Previous CBO estimate: On July 25, 2003, CBO transmitted an
estimate for H.R. 2608 as ordered reported by the House
Committee on Science on July 22, 2003. The two versions of the
legislation are identical, and our cost estimates are the same.
Estimate prepared by: Federal Costs: Julie Middleton;
Impact on State, Local, and Tribal Governments: Melissa
Merrell; and Impact on the Private Sector: Amina Masood.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
H.R. 2608, as reported, authorizes appropriations for the
National Earthquake Hazards Reduction Program for fiscal years
2004, 2005, and 2006. The Committee believes that the reported
bill will not subject any individuals or businesses affected by
the bill to any additional regulations.
ECONOMIC IMPACT
This legislation would not have an adverse economic impact on
our Nation.
PRIVACY
H.R. 2608 would not have a negative impact on the personal
privacy of individuals.
PAPERWORK
The legislation contains the following 3 reporting
requirements--
(1) The Interagency Coordinating Committee on
Earthquake Hazards Reduction would be required to
submit to the Director of OMB a coordinated interagency
budget;
(2) The Interagency Coordination Committee would be
required to transmit, at the time of the President's
budget request to Congress, an annual report to the
House Committees on Science and Resources and the
Senate Committee on Commerce, Science, and
Transportation that would include the program budget
for the current fiscal year for each agency and major
goal; the proposed budget for the next fiscal year for
each agency and major goal; a description of the
activities and assessment of the effectiveness of the
program; a description of the extent to which the
program incorporated the recommendations of the
Advisory Committee on Earthquake Hazards Reduction; and
descriptions of the activities carried out by the
Program agencies and grant program, including the
budgets for the current and subsequent fiscal years;
and
(3) The Advisory Committee on Earthquake Hazards
Reduction would be required to report to the Director
on its assessment and recommendations for improving the
program not later than one year after enactment of this
act and at least once every two years thereafter.
Section-by-Section Analysis
Sec. 1. Short title
Section 1 would entitle the Act as the ``National Earthquake
Hazards Reduction Program Reauthorization Act of 2003.''
Sec. 2. Definitions
Section 2 would amend section 4 of the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7703) to define the terms
``Interagency Coordinating Committee'' and ``Advisory
Committee.''
Sec. 3. National Earthquake Hazards Reductions Program
Section 3 would amend section 5 of the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7704(b)) to establish the
National Earthquake Hazards Reduction Program. The program
would be designed to develop effective measures for earthquake
hazards reduction. It would also use grants, contracts,
cooperative agreements, technical assistance, the development
of standards, guidelines, and voluntary consensus codes, and
the development and maintenance of a repository of information
to promote the adoption of earthquake hazards reduction
measures by Federal, State, and local governments, national
standards and model code organizations, architects, engineers,
building owners, and others. The program would also improve the
understanding of earthquakes and their effects on communities,
buildings, and infrastructure through interdisciplinary
research involving engineering, natural sciences, and social,
economic, and decisions sciences.
Section 3 also would establish the Interagency Coordination
Committee on Earthquake Hazards Reduction, which would be
chaired by the Director of NIST and composed of the directors
of FEMA, USGS, NSF, the Office of Science and Technology
Policy, and the Office of Management and Budget (OMB). The
Interagency Coordinating Committee would be required to meet
not less than three times a year at the call of the Director.
Not later than six months after the date of enactment of the
Act, the Interagency Coordinating Committee would be required
to develop a strategic plan to establish goals and priorities
for program activities, a detailed management plan to implement
the strategic plan, and a coordinated interagency budget for
the program to be submitted to the Director of OMB.
The Interagency Coordinating Committee would be required to
transmit, at the time of the President's budget request to
Congress, an annual report to the House of Representatives
Committees on Science and Resources and the Senate Committee on
Commerce, Science, and Transportation. The report would include
the program budget for the current fiscal year for each agency
and major goal, the proposed budget for the next fiscal year
for each agency and major goal, a description of the activities
and assessment of the effectiveness of the program, a
description of the extent to which the program incorporated the
recommendations of the Advisory Committee on Earthquake Hazards
Reduction, and descriptions of the activities carried out by
the program agencies and grant program, including the budgets
for the current and following fiscal years.
In addition, section 3 would 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 governments, and financial communities who are
qualified to provide advice on earthquake hazards reduction.
The Advisory Committee would be required to assess trends and
development in earthquakescience and engineering, the
effectiveness of the program, the need to revise the program, and the
management, coordination, implementation, and activities of the
program. Not later than one year after enactment of this act and at
least once every two years thereafter, the Advisory Committee would be
required to report to the Director on its assessment and
recommendations for improving the program.
Section 3 also would amend section 5 of the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7704) to re-organize
the program by designating the NIST as the lead NEHRP agency
with the primary responsibility for planning and coordinating
the program. As the lead agency, NIST also would be directed to
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.
This section would include a number of technical changes that
would recognize NIST's role as the lead agency. To fulfill its
new role, the Committee acknowledges that NIST will need
additional funding and hopes that future budget requests will
include amounts authorized for NIST in section 4.
Section 3 would direct USGS to coordinate program activities
with similar earthquake reduction efforts in other countries,
and maintain suitable seismic hazard maps in support of
building codes. NSF would be directed to support research that
improves the safety and performance of buildings, structures,
and other forms of infrastructure using large-scale
experimental and computational facilities, and to include
diverse institutions, such as Historically Black Colleges and
Universities, and those serving large proportions of Hispanics,
Native Americans, Asian-Pacific Americans, and other under-
represented populations. The Committee recognizes that NSF
funds a variety of research activities and expects that major
scientific and technical advances will emerge as a result of
the agency's support, especially through ``grand challenge''
research initiatives.
Sec. 4. Authorization of appropriations
Section 4 would authorize the following appropriations for
the NEHRP agencies at the following levels:
[BY FISCAL YEAR, IN MILLIONS OF DOLLARS]
----------------------------------------------------------------------------------------------------------------
FY 2004 FY 2005 FY 2006
Agency
----------------------------------------------------------------------------------------------------------------
FEMA 19 21 23
NIST 8.0 9.6 12.5
NSF (Total) 47.0 59.0 62.5
NSF (Base) 39.0 44.0 47.5
NSF (NEES) 8.0 15.0 15.0
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 153.5 172.6 190.5
----------------------------------------------------------------------------------------------------------------
Section 4 would set aside not less than $3 million of FEMA's
authorization each fiscal year from FY 2004 to FY 2006 to
support the development of performance-based, cost-effective,
and affordable codes for buildings, structures, and other
infrastructure. The Committee recognizes the important work
done by regional earthquake consortia to serve State emergency
managers and geological surveys, and recommends that FEMA
continue to fund these consortia at historical levels.
In addition to the sums authorized in the table above, the
section would authorize such sums as may be necessary for USGS
in FY 2007 and FY 2008, with not less than $36 million set
aside for the completion of the ANSS. Of the amounts authorized
for NIST from FY 2004 to FY 2006, not less than $2 million each
year would be set aside for supporting the development of
performance-based, cost-effective, and affordable codes.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, 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 material 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.
[(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 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.
(b) 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] 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) * * *
[(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;
[(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;
[(D)] (C) request the assistance of Federal
agencies other than the Program agencies, as
necessary to assist in carrying out this Act;
and
[(E)] (D) work with the [National 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.
[The 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.--[In 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) * * *
* * * * * * *
[(iii) prepare and disseminate
widely, with the assistance of the
National Institute of Standards and
Technology, other Federal agencies, and
private sector 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 [the 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 [the 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) [establish, 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 [Network]
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 earthsciences to improve the understanding
of the causes and behavior 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;
[(D)] (E) emphasize, in earthquake
engineering research, development of
economically feasible methods to retrofit
existing buildings and to protect lifelines to
mitigate earthquake damage;
[(E)] (F) support research that studies the
political, economic, and social factors that
influence the implementation of hazard
reduction measures; [and]
(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
[(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.--
[The 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 [Agency] 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
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.
(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 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 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) * * *
* * * * * * *
[(c) Authorization of Appropriations.--
[(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 used by the Director of the United
States Geological Survey to establish the Advanced
National Seismic Research and Monitoring System--
[(A) $33,500,000 for fiscal year 2002;
[(B) $33,700,000 for fiscal year 2003;
[(C) $35,100,000 for fiscal year 2004;
[(D) $35,000,000 for fiscal year 2005; and
[(E) $33,500,000 for fiscal year 2006.
[(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--
[(A) $4,500,000 for fiscal year 2002; and
[(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; [and]
[(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.