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108th Congress                                            Rept. 108-246
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================

 
 NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM REAUTHORIZATION ACT OF 
                                  2003

                                _______
                                

August 14, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Boehlert, from the Committee on Science, submitted the following

                              R E P O R T

                        [To accompany H.R. 2608]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Science, to whom was referred the bill (H.R. 
2608) to reauthorize the National Earthquake Hazards Reduction 
Program, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill.............................................5
 III. Background and Need for the Legislation.........................5
  IV. Summary of Hearing..............................................6
   V. Committee Actions...............................................7
  VI. Summary of Major Provisions of the Bill.........................7
 VII. Section-by-Section Analysis (by Title and Section)..............8
VIII. Committee Views.................................................9
  IX. Cost Estimate..................................................14
   X. Congressional Budget Office Cost Estimate......................15
  XI. Compliance With Public Law 104-4 (Unfunded Mandates)...........16
 XII. Committee Oversight Findings and Recommendations...............16
XIII. Statement on General Performance Goals and Objectives..........16
 XIV. Constitutional Authority Statement.............................17
  XV. Federal Advisory Committee Statement...........................17
 XVI. Congressional Accountability Act...............................17
XVII. Statement on Preemption of State, Local, or Tribal Law.........17
XVIII.Changes in Existing Law Made by the Bill, as Reported..........17

 XIX. Committee Recommendations......................................26
  XX. Exchange of Committee Correspondence...........................26
 XXI. Proceedings of Full Committee Markup...........................27

                              I. Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

   This Act may be cited as the ``National Earthquake Hazards Reduction 
Program Reauthorization Act of 2003''.

SEC. 2. DEFINITIONS.

   Section 4 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
7701 et seq.) is amended by adding at the end the following new 
paragraphs:
          ``(8) The term `Interagency Coordinating Committee' means the 
        Interagency Coordinating Committee on Earthquake Hazards 
        Reduction established under section 5(a).
          ``(9) The term `Advisory Committee' means the Advisory 
        Committee established under section 5(a)(5).''.

SEC. 3. NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM.

   Section 5 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
7704(b)) is amended--
          (1) by amending subsection (a) to read as follows:
  ``(a) Establishment.--
          ``(1) In general.--There is established the National 
        Earthquake Hazards Reduction Program.
          ``(2) Program activities.--The activities of the Program 
        shall be designed to--
                  ``(A) develop effective measures for earthquake 
                hazards reduction;
                  ``(B) promote the adoption of earthquake hazards 
                reduction measures by Federal, State, and local 
                governments, national standards and model code 
                organizations, architects and engineers, building 
                owners, and others with a role in planning and 
                constructing buildings, structures, and lifelines 
                through--
                          ``(i) grants, contracts, cooperative 
                        agreements, and technical assistance;
                          ``(ii) development of standards, guidelines, 
                        and voluntary consensus codes for earthquake 
                        hazards reduction for buildings, structures, 
                        and lifelines; and
                          ``(iii) development and maintenance of a 
                        repository of information, including technical 
                        data, on seismic risk and hazards reduction; 
                        and
                  ``(C) improve the understanding of earthquakes and 
                their effects on communities, buildings, structures, 
                and lifelines, through interdisciplinary research that 
                involves engineering, natural sciences, and social, 
                economic, and decisions sciences.
          ``(3) Interagency coordinating committee on earthquake 
        hazards reduction.--
                  ``(A) In general.--There is established an 
                Interagency Coordinating Committee on Earthquake 
                Hazards Reduction chaired by the Director of the 
                National Institute of Standards and Technology 
                (referred to in this subsection as the `Director').
                  ``(B) Membership.--The committee shall be composed of 
                the directors of--
                          ``(i) the Federal Emergency Management 
                        Agency;
                          ``(ii) the United States Geological Survey;
                          ``(iii) the National Science Foundation;
                          ``(iv) the Office of Science and Technology 
                        Policy; and
                          ``(v) the Office of Management and Budget.
                  ``(C) Meetings.--The Committee shall meet not less 
                than 3 times a year at the call of the Director.
                  ``(D) Purpose and duties.--The Interagency 
                Coordinating Committee shall oversee the planning, 
                management, and coordination of the Program. The 
                Interagency Coordinating Committee shall--
                          ``(i) develop, not later than 6 months after 
                        the date of enactment of this Act, and update 
                        periodically--
                                  ``(I) a strategic plan that 
                                establishes goals and priorities for 
                                the Program activities described under 
                                subsection (a)(2); and
                                  ``(II) a detailed management plan to 
                                implement such strategic plan; and
                          ``(ii) develop a coordinated interagency 
                        budget for the Program that will ensure 
                        appropriate balance among the Program 
                        activities described under subsection (a)(2), 
                        and submit such budget to the Director of the 
                        Office of Management and Budget at the time 
                        designated by that office for agencies to 
                        submit annual budgets.
          ``(4) Annual report.--The Interagency Coordinating Committee 
        shall transmit, at the time of the President's budget request 
        to Congress, an annual report to the Committee on Science and 
        the Committee on Resources of the House of Representatives, and 
        the Committee on Commerce, Science, and Transportation of the 
        Senate. Such report shall include--
                  ``(A) the Program budget for the current fiscal year 
                for each agency that participates in the Program, and 
                for each major goal established for the Program 
                activities under subparagraph (3)(A);
                  ``(B) the proposed Program budget for the next fiscal 
                year for each agency that participates in the Program, 
                and for each major goal established for the Program 
                activities under subparagraph (3)(A);
                  ``(C) a description of the activities and results of 
                the Program during the previous year, including an 
                assessment of the effectiveness of the Program in 
                furthering the goals established in the strategic plan 
                under (3)(A);
                  ``(D) a description of the extent to which the 
                Program has incorporated the recommendations of the 
                Advisory Committee;
                  ``(E) a description of activities, including budgets 
                for the current fiscal year and proposed budgets for 
                the next fiscal year, that are carried out by Program 
                agencies and contribute to the Program, but are not 
                included in the Program; and
                  ``(F) a description of the activities, including 
                budgets for the current fiscal year and proposed 
                budgets for the following fiscal year, related to the 
                grant program carried out under subsection 
                (b)(2)(A)(i).
          ``(5) Advisory committee.--
                  ``(A) In general.--The Director shall establish an 
                Advisory Committee on Earthquake Hazards Reduction 
                consisting of non-Federal members, including 
                representatives of research and academic institutions, 
                industry standards development organizations, State and 
                local government, and financial communities who are 
                qualified to provide advice on earthquake hazards 
                reduction. The recommendations of the Advisory 
                Committee shall be considered by Federal agencies in 
                implementing the Program.
                  ``(B) Assessment.--The Advisory Committee shall 
                assess--
                          ``(i) trends and developments in the science 
                        and engineering of earthquake hazards 
                        reduction;
                          ``(ii) effectiveness of the Program in 
                        carrying out the activities under (a)(2);
                          ``(iii) the need to revise the Program; and
                          ``(iv) the management, coordination, 
                        implementation, and activities of the Program.
                  ``(C) Report.--Not later than 1 year after the date 
                of enactment of this Act and at least once every 2 
                years thereafter, the Advisory Committee shall report 
                to the Director on its findings of the assessment 
                carried out under subparagraph (B) and its 
                recommendations for ways to improve the Program. In 
                developing recommendations, the Committee shall 
                consider the recommendations of the United States 
                Geological Survey Scientific Earthquake Studies 
                Advisory Committee.
                  ``(D) Federal advisory committee act application.--
                Section 14 of the Federal Advisory Committee Act (5 
                App. U.S.C. 14) shall not apply to the Advisory 
                Committee.'';
          (2) in subsection (b)--
                  (A) in paragraph (1)--
                          (i) by striking ``Federal Emergency 
                        Management Agency'' and all that follows 
                        through ``of the Agency'' and inserting 
                        ``National Institute of Standards and 
                        Technology shall have the primary 
                        responsibility for planning and coordinating 
                        the Program. In carrying out this paragraph, 
                        the Director of the Institute'';
                          (ii) by striking subparagraphs (B) and (C) 
                        and redesignating subparagraphs (D) and (E) as 
                        subparagraphs (C) and (D), respectively;
                          (iii) by inserting after subparagraph (A) the 
                        following:
                  ``(B) support the development of performance-based 
                seismic engineering tools, and work with appropriate 
                groups to promote the commercial application of such 
                tools, through earthquake-related building codes, 
                standards, and construction practices;''; and
                          (iv) by striking ``The principal official 
                        carrying out the responsibilities described in 
                        this paragraph shall be at a level no lower 
                        than that of Associate Director.''; and
                          (v) in subparagraph (D), as redesignated by 
                        clause (ii), by striking ``National Science 
                        Foundation, the National Institutes of 
                        Standards and Technology'' and inserting 
                        ``Federal Emergency Management Agency, the 
                        National Science Foundation'';
                  (B) in paragraph (2)(A)--
                          (i) by striking ``In addition to the lead'' 
                        and all that follows through ``Agency'' and 
                        inserting ``The Director of the Federal 
                        Emergency Management Agency (in this Act 
                        referred to as the `Agency')''; and
                          (ii) by amending clause (iii) to read as 
                        follows:
                          ``(iii) assist the National Institute of 
                        Standards and Technology, other Federal 
                        agencies, and private sector groups in the 
                        preparation and wide dissemination of building 
                        codes and practices for structures and 
                        lifelines, and aid in the development of 
                        performance based codes for buildings, 
                        structures, and lifelines that are cost 
                        effective and affordable;'';
                  (C) in paragraph (3)--
                          (i) by inserting ``and other activities'' 
                        after ``shall conduct research'';
                          (ii) in subparagraphs (C) and (D), by 
                        striking ``the Agency'' both places it appears 
                        and inserting ``the Director of the Federal 
                        Emergency Management Agency and the Director of 
                        the National Institute of Standards and 
                        Technology'';
                          (iii) in subparagraph (E), by striking 
                        ``establish, using existing facilities, a 
                        Center for the International Exchange of 
                        Earthquake Information'' and inserting 
                        ``operate, using the National Earthquake 
                        Information Center, a forum for the 
                        international exchange of earthquake 
                        information'';
                          (iv) in subparagraph (F), by striking 
                        ``Network'' and inserting ``System''; and
                          (v) by inserting after subparagraph (H) the 
                        following new subparagraphs:
                  ``(I) work with other Program agencies to coordinate 
                Program activities with similar eathquake hazards 
                reduction efforts in other countries, to ensure that 
                the Program benefits from relevant information and 
                advances in those countries; and
                  ``(J) maintain suitable seismic hazard maps in 
                support of building codes for structures and lifelines, 
                including additional maps needed for performance based 
                design approaches.'';
                  (D) in paragraph (4)--
                          (i) by redesignating subparagraphs (D), (E), 
                        and (F) as subparagraphs (E), (F), and (H), 
                        respectively;
                          (ii) by inserting after subparagraph (C) the 
                        following:
                  ``(D) support research that improves the safety and 
                performance of buildings, structures, and lifeline 
                systems using large-scale experimental and 
                computational facilities;'';
                          (iii) in subparagraph (F) (as so 
                        redesignated), by striking ``; and'' and 
                        inserting a semicolon; and
                          (iv) by inserting after subparagraph (F) (as 
                        so redesignated) the following:
                  ``(G) include to the maximum extent practicable 
                diverse institutions, including Historically Black 
                Colleges and Universities and those serving large 
                proportions of Hispanics, Native Americans, Asian-
                Pacific Americans, and other underrepresented 
                populations; and''; and
                  (E) in paragraph (5), by striking ``The National'' 
                and inserting ``In addition to the lead agency 
                responsibilities described under paragraph (1), the 
                National''; and
          (3) in subsection (c)(1), by striking ``Agency'' and 
        inserting ``Interagency Coordinating Committee''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

  (a) Section 12 of the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7706) is amended--
          (1) in subsection (a), by adding after paragraph (7) the 
        following new paragraph:
  ``(8) There are authorized to be appropriated to the Federal 
Emergency Management Agency for carrying out this Act $19,000,000 for 
fiscal year 2004; $21,000,000 for fiscal year 2005; and $23,000,000 for 
fiscal year 2006. Of such amounts appropriated, not less than 
$3,000,000 shall be made available each such fiscal year for supporting 
the development of performance-based, cost-effective, and affordable 
codes for buildings, structures, and lifelines.'';
          (2) in subsection (b), by adding at the end the following: 
        ``There are authorized to be appropriated to the United States 
        Geological Survey for carrying out this Act $80,000,000 for 
        fiscal year 2004, of which not less than $30,000,000 shall be 
        made available for completion of the Advanced National Seismic 
        Research and Monitoring System established under section 13; 
        $83,500,000 for fiscal year 2005, of which not less than 
        $30,000,000 shall be made available for completion of the 
        Advanced National Seismic Research and Monitoring System 
        established under section 13; $93,000,000 for fiscal year 2006, 
        of which not less than $36,000,000 shall be made available for 
        completion of the Advanced National Seismic Research and 
        Monitoring System established under section 13; such sums as 
        may be necessary for fiscal year 2007, of which not less than 
        $36,000,000 shall be made available for completion of the 
        Advanced National Seismic Research and Monitoring System 
        established under section 13; and such sums as may be necessary 
        for fiscal year 2008, of which not less than $36,000,000 shall 
        be made available for completion of the Advanced National 
        Seismic Research and Monitoring System established under 
        section 13.'';
          (3) in subsection (c), by adding at the end the following: 
        ``There are authorized to be appropriated to the National 
        Science Foundation for carrying out this Act $39,000,000 for 
        fiscal year 2004; $44,000,000 for fiscal year 2005; and 
        $47,500,000 for fiscal year 2006.''; and
          (4) in subsection (d) by adding at the end the following: 
        ``There are authorized to be appropriated to the National 
        Institute of Standards and Technology for carrying out this Act 
        $8,000,000 for fiscal year 2004; $9,600,000 for fiscal year 
        2005; and $12,500,000 for fiscal year 2006. Of such amounts 
        appropriated, not less than $2,000,000 shall be made available 
        each such fiscal year for supporting the development of 
        performance-based, cost-effective, and affordable codes for 
        buildings, structures, and lifelines.''.
  (b) Section 13 of the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7707) is amended by striking subsection (c).
  (c) Section 14(b) of the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7708(b)) is amended--
          (1) in paragraph (3) by striking ``and'' at the end; and
          (2) by striking paragraph (4) and inserting the following:
                  ``(4) $8,000,000 for fiscal year 2004;
                  ``(5) $20,000,000 for fiscal year 2005, all of which 
                shall be available for operations and maintenance; and
                  ``(6) $20,000,000 for fiscal year 2006, all of which 
                shall be available for operations and maintenance.''.

                        II. Purpose of the Bill

    The purpose of the bill is to reauthorize the National 
Earthquake Hazards Reduction Program (NEHRP), to authorize 
appropriations for this multi-agency program at the Federal 
Emergency Management Agency (FEMA), U.S. Geological Survey 
(USGS), National Science Foundation (NSF), and National 
Institute of Standards and Technology (NIST), and to improve 
the coordination of the Program among these agencies.

              III. Background and Need for the Legislation

    Damaging earthquakes are inevitable, if infrequent. Most 
states face at least some danger from earthquakes, and total 
annualized damages in the United States are estimated to be 
about $4.4 billion in direct financial losses (due to such 
costs as repair expenses, inventory loss, and business 
interruption). The 1994 Northridge earthquake in California 
(magnitude 6.7) was the most costly in U.S. history, causing 
over $40 billion in damage.
    Congress created NEHRP in 1977 (P.L. 95-124) in response to 
growing concerns about the threat of damaging earthquakes. The 
Program was originally focused on research into geotechnical 
and structural engineering and earthquake prediction. Over 
time, researchers recognized that earthquake prediction was an 
unrealistic goal, and that focus was significantly de-
emphasized within NEHRP, while efforts were expanded to include 
activities such as seismic retrofitting and rehabilitation, 
risk assessment, public education and outreach, and code 
development.
    Currently the agency responsibilities within NEHRP include:
          FEMA--overall coordination of the Program, education 
        and outreach, and implementation of research results;
          USGS--basic and applied earth science and seismic 
        research;
          NSF--basic research in geoscience, engineering, 
        economic, and social aspects of earthquakes;
          NIST--problem-focused earthquake engineering research 
        and development programs aimed at improving building 
        design codes and construction standards.
    The Program has achieved significant success since 
inception. Loss of life and injuries sustained from earthquakes 
have decreased substantially, seismic risk assessment 
capabilities have improved significantly, and technological 
advances in areas such as performance-based engineering, 
information technology, and sensing and imaging have provided 
valuable knowledge and tools for mitigating earthquake hazards.
    New knowledge and tools, however, have not translated into 
decreased overall vulnerability. End-user adoption of NEHRP 
innovations has been incremental and slower than expected. The 
cost of rehabilitating existing structures to improve 
earthquake resistance is often too high, as is the cost of 
engineering new structures to minimize seismic risk. The 
private sector has not had adequate incentives to take steps to 
address these challenges.
    This slow implementation of new mitigation technologies, 
combined with continued widespread development in areas of high 
seismic risk, has resulted in a rapid and steady increase in 
societal vulnerability to a major earthquake event. Potential 
loss estimates of a future large earthquake in a major U.S. 
urban area now approach $200 billion.

                        IV. Summary of Hearings

    On May 8, 2003, the Research Subcommittee of the House 
Science Committee held a hearing to examine the past, present, 
and future of NEHRP. The Committee heard testimony from the 
Administrator of the Federal Insurance Mitigation 
Administration (FIMA), a division of the Emergency Preparedness 
and Response Directorate (formerly FEMA) of the Department of 
Homeland Security and from industrial and academic experts on 
earthquake hazards mitigation, civil engineering, and 
seismology. The Committee also received written testimony from 
USGS, NSF, and NIST. At the hearing, FIMA presented to the 
Subcommittee the NEHRP Five-Year Strategic Plan for 2001 
through 2005, Expanding and Using Knowledge to Reduce 
Earthquake Losses (FEMA 382). Witnesses discussed the status of 
NEHRP, the appropriate level of funding for the Program, and 
priorities among the Program's various research and mitigation 
activities. They also discussed shortcomings in NEHRP strategic 
planning and coordination and offered suggestions for how to 
foster a more unified effort to reduce earthquake hazards. 
Finally, they discussed the need to accelerate the 
implementation of knowledge and tools developed from 
earthquake-related research.

                          V. Committee Actions

    On June 26, 2003, Science Committee Research Subcommittee 
Chairman Nick Smith of Michigan and Representative Brian Baird 
of Washington introduced H.R. 2608, the National Earthquake 
Hazards Reduction Program Reauthorization Act of 2003. The bill 
was referred to the Committee on Science and the Committee on 
Resources, Subcommittee on Energy and Mineral Resources.
    The Full Committee on Science met on Tuesday, July 22, 
2003, to consider the bill.
     An amendment was offered by Research Subcommittee 
Chairman Smith which made several small revisions to the bill, 
including requiring the annual report to Congress to include 
information about FEMA's State assistance grant program, adding 
language further clarifying the agencies' NEHRP 
responsibilities, and setting aside specified amounts of the 
authorized funds at NIST and FEMA for supporting the 
development of performance-based, cost-effective, and 
affordable codes for buildings, structures, and lifelines. The 
amendment was adopted by a voice vote.
     An amendment was offered by Mr. Hall of Texas on 
behalf of Ms. Jackson-Lee of Texas to ensure that NSF's 
activities under NEHRP will include the Nation's colleges and 
universities serving under-represented populations. The 
amendment was adopted by a voice vote.
     An amendment was offered by Mr. Moore of Kansas to 
add a new title to the bill establishing a research and 
mitigation program on hurricane, tornado, and related hazards. 
A motion to withdraw the amendment by Mr. Moore was agreed to 
by unanimous consent.
    Mr. Hall moved that the Committee favorably report the 
bill, H.R. 2608, as amended, to the House with the 
recommendation that the bill as amended do pass, and that the 
staff be instructed to make technical and conforming changes to 
the bill as amended and prepare the legislative report and that 
the Chairman take all necessary steps to bring the bill before 
the House for consideration. With a quorum present, the motion 
was agreed to by a voice vote.

              VI. Summary of Major Provisions of the Bill

     Reauthorizes the National Earthquake Hazards 
Reduction Program (NEHRP) for fiscal years (FYs) 2004 through 
2006 to coordinate multi-agency efforts to understand 
earthquake impact and reduce the hazards associated with 
earthquakes. Revises Program activities to (1) develop 
effective measures for earthquake hazards reduction; (2) 
promote the adoption of these measures by Federal, State, and 
localgovernments, national standards and model code 
organizations, architects and engineers, building owners, and other 
relevant stakeholders; and (3) improve the understanding of earthquakes 
and their effects on buildings, structures, and lifelines.
     Establishes an Interagency Coordinating Committee 
(ICC), and designates the Director of NIST as the Chair of the 
Committee, transferring leadership of the Program from FEMA to 
NIST. Requires the Committee to develop, and update 
periodically, both a strategic plan and a management plan for 
implementation of the strategic plan. Also requires the 
Committee to develop a single, coordinated, interagency budget 
for the Program to be submitted to the Office of Management and 
Budget each year prior to the deadline for agency budget 
submissions.
     Authorizes appropriations for FEMA of $19,000,000 
for FY 2004, $21,000,000 for FY 2005, and $23,000,000 for FY 
2006. Authorizes appropriations for NIST of $8,000,000 for FY 
2004, $9,600,000 for FY 2005, and $12,500,000 for FY 2006. 
Authorizes appropriations for USGS of $80,000,000 for FY 2004, 
$83,500,000 for FY 2005, and $93,000,000 for FY 2006. 
Authorizes appropriations for base NEHRP activities at NSF of 
$39,000,000 for FY 2004, $44,000,000 for FY 2005, and 
$47,500,000 for FY 2006. Authorizes appropriations for the 
Network for Earthquake Engineering Simulation (NEES), a Major 
Research Equipment and Facilities Construction project within 
NSF, of $8,000,000 for FY 2004, and for Operation and 
Maintenance of NEES of $20,000,000 for FY 2005, and $20,000,000 
for FY 2006. Total authorization of appropriations for all 
Program agencies through fiscal year 2006 is $528 million.
     Directs the ICC to transmit to Congress an annual 
report, to include the NEHRP budget for the current and 
upcoming fiscal years for each NEHRP agency and a description 
of the activities of the Program during the previous year.
     Directs the Director of NIST to establish an 
external advisory committee for NEHRP on earthquake hazards 
reduction consisting of non-federal members representing 
research and academic institutions, industry, standards 
development organizations, State and local government, and 
financial communities. Requires the Advisory Committee to 
report its findings and recommendations.

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


Section 1. Short title

    ``National Earthquake Hazards Reduction Program 
Reauthorization Act of 2003.''

Section 2. Definitions

    Defines terms used in the text.

Section 3. National Earthquake Hazards Reduction Program (NEHRP)

    Reauthorizes NEHRP to coordinate multi-agency efforts to 
understand earthquake impact and reduce the hazards associated 
with earthquakes. Requires the Program to develop effective 
measures for earthquake hazards reduction; promote the adoption 
of these measures by Federal, State, and local governments, 
national standards and model code organizations, architects and 
engineers, building owners, and other relevant stakeholders; 
and improve the understanding of earthquakes and their effects 
on buildings, structures, and lifelines.
    Establishes an Interagency Coordinating Committee, composed 
of the directors of NIST, FEMA, USGS, NSF, the Office of 
Science and Technology Policy, and the Office of Management and 
Budget. Designates the Director of NIST as the Chair of the 
Committee, and tasks the Committee with oversight, planning, 
management, and coordination of the Program. Requires the 
Committee to develop, and update periodically, a strategic plan 
establishing the goals and priorities for the Program, and a 
management plan for implementation of the strategic plan. Also 
requires the Committee to develop a single, coordinated, 
interagency budget for the Program to be submitted to the 
Office of Management and Budget each year prior to the deadline 
for agency budget submissions.
    Directs the Committee to transmit to Congress an annual 
report on the Program at the time of the President's budget 
request. Requires the report to include: the Program budget for 
the current and upcoming fiscal years for each NEHRP agency; a 
description of the activities of the Program during the 
previous year, including the effectiveness of the Program in 
furthering the goals established in the strategic plan; a 
description of the extent to which the Program has incorporated 
the recommendations of the Advisory Committee established in 
this Section; and a description of the activities and budget 
for the FEMA state assistance grant program.
    Requires the Director of NIST to establish an external 
advisory committee for NEHRP on earthquake hazards reduction 
consisting of non-federal members representing research and 
academic institutions, industry, standards development 
organizations, State and local government, and financial 
communities. Tasks the advisory committee with assessing: 
trends and developments in earthquake hazards reduction science 
and engineering and the effectiveness of the Program, including 
the management, coordination, and implementation of the 
Program. Requires the advisory committee to report its findings 
and recommendations to the Director of NIST one year after 
enactment, and at least once every two years thereafter.

Section 4. Authorization of appropriations

    Authorizes appropriations for the four NEHRP Agencies: 
NIST, FEMA, USGS, and NSF. Funding is specifically authorized 
for two large projects to study earthquakes and monitor 
earthquake activity: the Network for Earthquake Engineering 
Simulation (NEES) at NSF and the Advanced National Seismic 
System (ANSS) at USGS. Total funding authorized for fiscal 
years 2004-2006 is $528.1 million. In addition, funding is also 
authorized for ANSS for fiscal years 2007 and 2008 ($36 million 
each year).

                              TABLE 1.--AUTHORIZATION LEVELS IN MILLIONS OF DOLLARS
----------------------------------------------------------------------------------------------------------------
                                                                      FY 2004         FY 2005         FY 2006
                         Agency/program                            (authorized)    (authorized)    (authorized)
----------------------------------------------------------------------------------------------------------------
FEMA............................................................      19.0            21.0            23.0
NIST............................................................       8.0             9.6            12.5
NSF Total.......................................................      47.0            64.0            67.5
    NSF Base....................................................            39.0            44.0            47.5
    NSF NEES....................................................             8.0            20.0            20.0
USGS Total......................................................      80.0            83.5            93.0
    USGS Base...................................................            50.0            53.5            57.0
    USGS ANSS...................................................            30.0            30.0            36.0
                                                                 -----------------------------------------------
      Total.....................................................     154.0           178.1           196.0
----------------------------------------------------------------------------------------------------------------

                         VIII. Committee Views


                                GENERAL

    The Committee on Science believes that, since its 
establishment in 1977, NEHRP has produced a wealth of useful 
information, and that it has substantially increased our 
ability to protect lives and property from the threats of 
catastrophic earthquakes. However, the Committee also believes 
that the Program's potential has been limited by the inability 
of NEHRP agencies to create synergy through coordinated 
efforts--a necessary part of any truly successful interagency 
program. It is because of these concerns that the Committee is 
modifying the structure of NEHRP. The Committee believes that, 
while NEHRP has been a successful undertaking, a great deal of 
room for improvement exists. The Committee also believes that, 
if NEHRP funding is directed to the appropriate priorities and 
implemented as a true interagency program, taxpayer funds 
allocated to this Program can be leveraged many times over.

                             STRATEGIC PLAN

    At the May 8, 2003 Research Subcommittee hearing, The 
National Earthquake Hazards Reduction Program: Past, Present, 
and Future, FEMA presented to the Subcommittee the long-awaited 
NEHRP Strategic Plan, Expanding and Using Knowledge to Reduce 
Earthquake Losses. The plan articulates the mission and goals 
of NEHRP, provides a framework for coordinating activities, and 
establishes priority areas for the future of the Program. A key 
finding set forth in the plan is the recognition that the 
Program needs increased focus on accelerating the 
implementation of available earthquake loss-reduction practices 
and policies, such as development and adoption of performance-
based building codes for areas of high seismic risk. The 
Committee strongly agrees with this finding, supports the 
prioritized goals of the Program presented in the plan, and has 
worked to support this shift of focus in this legislation. 
However, the Committee notes that, beyond the aforementioned 
shift of focus toward implementation of research results, the 
Program activities that have been redefined in Section 3 of the 
legislation are not intended to convey a need for 
implementation of sweeping reforms in the Program, but rather 
simply to update these Program activities to better reflect 
NEHRP's current operational structure.

                      NEHRP LEADERSHIP TRANSITION

    NIST is fully capable of carrying out the lead agency 
responsibilities as the Chair of the Interagency Coordinating 
Committee, but NIST will have difficulty fulfilling its duties 
under sections 5(b)(1) and (5) of the Earthquake Hazards 
Reduction Act, as amended, unless it receives appropriations at 
the level authorized by this bill.
    The Committee understands that a successful transition to 
the new management structure and updated Program 
responsibilities will require additional efforts from all 
agencies and stakeholders, and the Committee intends to follow 
through with close oversight of NEHRP activities, focus, and 
direction to see that the provisions of this legislation are 
implemented as smoothly as possible. To that end, the Committee 
plans to work closely with all members of the NEHRP Interagency 
Coordinating Committee, the Office of Science and Technology 
Policy, the Office of Management and Budget, the new NEHRP 
external Advisory Committee, and members of the Commerce, 
Justice, State and the Judiciary Appropriations Subcommittee to 
ensure that NIST receives the support necessary for assuming 
lead agency responsibilities, as well as its expanded role in 
the Program.
    The Committee also wants to emphasize that it believes FEMA 
still has a very important, and even indispensable, role to 
play in helping NEHRP succeed. To that end, the Committee 
expects FEMA to remain fully engaged with other NEHRP agencies 
and relevant stakeholders in implementing the goals of the 
Strategic Plan. The Committee also expects FEMA to actively 
assist NIST in the transition to assuming lead agency 
responsibilities.

                INTERAGENCY COORDINATING COMMITTEE (ICC)

    An ad hoc interagency committee has long been the 
coordinating mechanism for NEHRP, though it appears to have 
been largely non-functional in recent years. The Committee 
believes that for NEHRP to reach its potential as a true 
working interagency program, it is critical for the ICC to be 
more active as the budget planning and coordinating mechanism 
for the Program, and therefore has included a provision to 
establish the ICC in statute. For the ICC to be a success, it 
will require increased participation by not only the NEHRP 
agencies, but also the Office of Science and Technology Policy 
and the Office of Management and Budget.
    The Committee also applauds the recent establishment of a 
Research Subcommittee within the ICC to coordinate research 
activities across NEHRP agencies, and expects this subcommittee 
to be active and provide valuable contributions to the ICC.

                          EARTHQUAKE INSURANCE

    One of the objectives of NEHRP specified in law is to 
develop ways to assure the availability of affordable 
earthquake insurance. The Committee is of the understanding 
that the Program has done little toward implementing this 
objective. The Committee recognizes that insurance alone does 
not usually reduce losses to society as a whole, but rather 
spreads risk. However, it is conceivable that incentives for 
loss reduction may be incorporated into earthquake insurance 
policies, and the Committee encourages FEMA to examine relevant 
data associated with the earthquake insurance market, including 
factors that may affect owners' decisions on whether to 
purchase earthquake insurance, the potential of public 
insurance subsidies to influence the rate of purchase of 
earthquake insurance, and the potential of such subsidies to 
influence construction behavior and code adoption.

                    PLANNING AND BUDGET COORDINATION

    As stated several times throughout this report, the 
Committee believes it is a top priority of this legislation to 
modify NEHRP to function more like a true interagency program. 
An important aspect of this is coordinated budget planning 
among the NEHRP agencies, the Office of Science and Technology 
Policy, and the Office of Management and Budget (OMB), and 
inclusion of this NEHRP interagency budget in the President's 
annual budget request to Congress. The Committee attempted to 
address this concern the last time the Program was authorized 
by requiring FEMA to lead NEHRP agencies in submitting a 
coordinated report to OMB at the time of the annual agency 
budget submission to OMB. At the May 8 Research Subcommittee 
hearing, FEMA stated they had not been submitting this report. 
More disturbing than the failure to submit the report were 
several indications that NEHRP agencies had not cooperated on 
any level in preparing a Program budget. In keeping with the 
above-stated concerns regarding coordination and Program 
reporting, the Committee emphasizes the importance of the ICC 
meeting the reporting requirement under Section 3 of this 
legislation.

                      FEMA STATE ASSISTANCE GRANTS

    One of the primary responsibilities of FEMA within NEHRP is 
to operate a program of grants and technical assistance to help 
States to ``develop preparedness and response plans, prepare 
inventories and conduct seismic safety inspections of critical 
structures and lifelines, update building and zoning codes and 
ordinances to enhance seismic safety, increase earthquake 
awareness and education, and encourage the development of 
multi-State groups for such purposes.'' On May 2, 2003, the 
Committee learned that the FY 2004 budget request for this 
``Emergency Management Performance Grants'' program was 
proposed to be administered through the Department of Homeland 
Security's Office of Domestic Preparedness, as part of a 
department-wide grant consolidation effort. While the Committee 
understands that many earthquake hazard reduction measures also 
serve to reduce vulnerability to other hazards, it is concerned 
that if the grants are administered through the Office of 
Domestic Preparedness, little or noeffort will be made to 
ensure an appropriate amount of funds are directed toward legitimate 
earthquake hazards reduction measures. To address this concern, the 
Committee has required in Section 3 of the legislation that the ICC 
include in its annual report a description of the activities and budget 
for this grant program.

                       INFORMATION DISSEMINATION

    The Committee is disappointed with the current presentation 
of NEHRP information on the Internet, and advises the ICC to 
examine ways this presentation can be improved to maximize the 
profile of the Program and the ease with which information can 
be obtained online by relevant stakeholders. Further, the 
Committee recognizes that current and future information 
technology applications can provide the Program with a low-cost 
means of communicating this information and encourages the 
NEHRP agencies to take full advantage of these applications. In 
addition, the Committee encourages the agencies to exploit 
information technology applications to further NEHRP goals, as 
is currently being done in the George Brown, Jr. Network for 
Earthquake Engineering Simulation and is envisioned in the 
Advanced National Seismic System.

                      EXTERNAL ADVISORY COMMITTEE

    In soliciting input from private sector groups and 
individuals on how to strengthen NEHRP, perhaps the most common 
recommendation was that Congress establish a non-federal 
Advisory Committee for the Program. The Committee agrees with 
this recommendation and has called for the establishment of 
such a Committee in Section 3 of the legislation, tasking the 
Committee to assess and report on (1) trends and developments 
in the science and engineering of earthquake hazards reduction; 
(2) the effectiveness of NEHRP in carrying out Program 
activities; (3) the need to revise the Program; and (4) the 
management, coordination, implementation and activities of the 
Program.
    The Committee intends for the external Advisory Committee 
to have the flexibility to report to Congress on any issues 
related to the Program it desires. The Committee also notes 
that the membership categories explicitly called for in the 
legislation are by no means exclusive, and the Advisory 
Committee may consist of representatives from any additional 
variety of interests the Director of NIST deems pertinent.

                 CONTRIBUTIONS OF NON-NEHRP ACTIVITIES

    As stated within the requirements of the ICC's annual 
report in Section 3 of the legislation, the Committee advises 
the ICC to document its interaction with non-Program elements 
carried out by NEHRP agencies that may contribute to the goals 
of the Program. Most obvious among these is Earthscope, an NSF 
Major Research Equipment and Facilities Construction project.

                      NEHRP REPORTING REQUIREMENTS

    The Committee notes its frustration associated with the 
unnecessary delay in publication of several reports required of 
the Program in law, most importantly, the strategic plan 
required by Public Law 101-614 (42 USC 7704 (b)(1)(C)). At a 
February 1999 Science Committee hearing on NEHRP 
Reauthorization, FEMA committed to delivering the plan to 
Congress by April of that year. It was not until over four 
years later that the plan was delivered, in the third year of 
the five-year strategy. Similar delays have been the norm with 
other NEHRP reporting requirements, such as the biennial report 
required by Public Law 101-614 (USC 42 7704 (b)(1)(D)), the 
report on at-risk populations required by Public Law 106-503 
(42 USC 7701), and the report required by Executive Order 12941 
pertaining to seismic safety in federally owned and leased 
buildings (42 USC 7705 (b), section 3). As of the filing of 
this Committee Report, Congress has still not received the 
report required by Executive Order 12941, which was due 
December 1, 2001. The Committee believes it is important that 
FEMA complete this report so that further assessments can be 
made toward addressing seismic risk in existing federally owned 
and leased buildings.
    The Committee believes timely publication of these reports 
is important for ensuring policy-makers, agency participants, 
and other relevant stakeholders have all necessary materials 
for informed decision-making. The Committee expects the ICC to 
work to see that these reporting delays do not continue to be a 
problem in the future.

                    AUTHORIZATION OF APPROPRIATIONS

    USGS--The legislation authorizes $80, $83.5, and $93 
million for fiscal years 2004 through 2006, respectively. 
Within those amounts, $30, $30, and $36 million, respectively, 
are allocated to the Advanced National Seismic System (ANSS). 
In addition, the Committee has authorized $36 million in each 
of fiscal years 2007 and 2008 for ANSS. ANSS was established by 
the last NEHRP authorization bill, but has only been funded at 
approximately only 10 percent of its authorized level each of 
the last four fiscal years. The earthquake hazards reduction 
community has identified funding for completion of ANSS as a 
top priority for NEHRP. The Committee concurs with this 
assessment, and urges all those involved in the budget process, 
including the Department of Interior, Office of Management and 
Budget, and relevant House and Senate Appropriations 
Committees, to work to see that this recommendation for funding 
is fulfilled and ANSS can come to fruition.
    NSF--The legislation authorizes funding for base NEHRP 
activities at NSF of $39 million for FY 2004, $44 million for 
FY 2005, and $47.5 million for FY 2006. Additionally, funds are 
authorized for funding the Operation and Maintenance of the 
Network for Earthquake Engineering Simulation (NEES). Within 
funds for base activities, the Committee defers to NSF to 
appropriately divide total funds among NEHRP research needs in 
the Engineering, Geosciences, and Social, Behavioral, and 
Economic Sciences Directorate. It is also intended that funding 
for NEES grand research challenges be provided out of the base 
activities funding.
    FEMA--The legislation authorizes appropriations for FEMA of 
$19 million for FY 2004, $21 million for FY 2005, and $23 
million for FY 2006. Within those amounts, the Committee has 
directed FEMA to direct a minimum of $3 million for supporting 
the development of performance-based, cost-effective, and 
affordable codes and standards for buildings, structures, and 
lifelines. The need for these performance-based codes and 
standards has been identified by both the NEHRP Strategic Plan 
and the earthquake engineering research community as a top 
priority for the future.
    NIST--The legislation authorizes appropriations for NIST of 
$8 million for FY 2004, $9 million for FY 2005, and $12.5 
million for FY 2006. Within those amounts, the Committee has 
directed NIST to fund not less than $2 million for supporting 
the development of performance-based, cost-effective, and 
affordable codes and standards for buildings, structures, and 
lifelines. The Committee strongly believes that NIST's 
previously token role in NEHRP (approximately 2 percent of the 
total Program funding) needs to be significantly enhanced, as 
NIST has a great deal to contribute to the goals of the 
Program. The Committee recognizes that securing these 
appropriations will not come easy, and calls upon the Office of 
Management and Budget, the Department of Commerce, and the 
relevant House and Senate Appropriations Committees to take 
measures to see that this funding recommendation is realized.

                           IX. Cost Estimate

    A cost estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974 has been timely submitted to 
the Committee on Science prior to the filing of this report and 
is included in Section X of this report pursuant to House Rule 
XIII, clause 3(c)(3).
    H.R. 2608 does not contain new budget authority, credit 
authority, or changes in revenues or tax expenditures. Assuming 
that the sums authorized under the bill are appropriated, H.R. 
2608 does authorize additional discretionary spending, as 
described in the Congressional Budget Office report on the 
bill, which is contained in Section X of this report.

              X. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 25, 2003.
Hon. Sherwood L. Boehlert,
Chairman, Committee on Science,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2608, the National 
Earthquake Hazards Reduction Program Reauthorization Act of 
2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton.
            Sincerely,
                                         Robert A. Sunshine
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

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

    Summary: CBO estimates that H.R. 2608 would authorize the 
appropriation of $725 million over the 2004-2008 period for 
programs aimed at reducing earthquake hazards. Assuming 
appropriation of that amount, CBO estimates that implementing 
the bill would cost $691 million over the 2004-2008 period. 
Enacting H.R. 2608 would not affect direct spending or 
revenues.
    H.R. 2608 would authorize the appropriation of $482 million 
over the 2004-2006 period for the Federal Emergency Management 
Agency (FEMA), the U.S. Geological Survey (USGS), the National 
Science Foundation (NSF), and the National Institute of 
Standards and Technology (NIST) to carry out provisions of the 
Earthquake Hazards Reduction Act of 1977. The bill also would 
authorize the appropriation of such sums as are necessary to 
the U.S. Geological Survey for fiscal years 2007 and 2008 to 
implement that act. In addition, the bill would authorize the 
appropriation of $48 million over the 2004-2006 period for the 
NSF's Network for Earthquake Engineering Simulation.
    H.R. 2608 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments. State and local governments might benefit from 
grants to adopt measures for reducing earthquake hazards.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2608 is shown in the following table. 
The costs of this legislation fall within budget functions 250 
(general science, space, and technology), 300 (natural 
resources and environment), 370 (commerce and housing credit), 
and 450 (community and regional development).
    For this estimate, CBO assumes that the authorized and 
estimated amounts will be appropriated for each fiscal year. 
Outlay estimates are based on historical spending patterns for 
existing and similar programs. CBO estimated the authorization 
level for the USGS in 2007 and 2008 by adjusting the level 
specified in the bill for that agency in 2006 for anticipated 
inflation.

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2003     2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
    Budget Authority \1\..................................      111        0        0        0        0        0
    Estimated Outlays.....................................       96       46       16        6        2        0
Proposed Changes:
    FEMA:
        Authorization Level...............................        0       19       21       23        0        0
        Estimated Outlays.................................        0        9       14       18       12        7
    USGS:
        Estimated Authorization Level.....................        0       80       84       93       96       99
        Estimated Outlays.................................        0       69       83       92       96       99
    NSF:
        Authorization Level...............................        0       47       64       68        0        0
        Estimated Outlays.................................        0       10       35       53       46       18
    NIST:
        Authorization Level...............................        0        8       10       13        0        0
        Estimated Outlays.................................        0        6        9       12        3        0
    Total Changes:
        Authorization Level...............................        0      154      179      197       96       99
        Estimated Outlays.................................        0       94      141      175      157      124
Spending Under H.R. 2608:
    Estimated Authorization Level.........................      111      154      179      197       96       99
    Estimated Outlays.....................................       96      140      157      181      159      124
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year for FEMA, USGS, NSF, and NIST activities related to
  earthquake hazards 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.
    Estimate prepared by: Federal Costs: Julie Middleton; 
Impact on State, Local, and Tribal Governments: Melissa 
Merrell; and Impact on the Private Sector: Cecil McPherson.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

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

    H.R. 2608 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The Committee on Science's oversight findings and 
recommendations are reflected in the body of this report.

      XIII. Statement on General Performance Goals and Objectives

    Pursuant to clause (3)(c) of House rule XIII, the goals of 
H.R. 2608 are to reauthorize the National Earthquake Hazards 
Reduction Program (NEHRP); to authorize appropriations for 
FEMA, NIST, USGS, and NSF to carry out the Program; to make 
NIST the lead agency for the Program; to establish an 
interagency committee to oversee the planning, management, and 
coordination of the Program; and to establish an external 
Advisory Committee on earthquake hazards reduction.

                XIV. Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 2608.

                XV. Federal Advisory Committee Statement

    The functions of the advisory committee required by H.R. 
2608 could not be performed by one or more agencies or by 
enlarging the mandate of another existing advisory committee.

                 XVI. Congressional Accountability Act

    The Committee finds that H.R. 2608 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

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

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

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

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

EARTHQUAKE HAZARDS REDUCTION ACT OF 1977

           *       *       *       *       *       *       *



SEC. 4. DEFINITIONS.

  As used in this Act, unless the context otherwise requires:
          (1) * * *

           *       *       *       *       *       *       *

          (8) The term ``Interagency Coordinating Committee'' 
        means the Interagency Coordinating Committee on 
        Earthquake Hazards Reduction established under section 
        5(a).
          (9) The term ``Advisory Committee'' means the 
        Advisory Committee established under section 5(a)(5).

SEC. 5. NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM.

  [(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 earth sciences 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.

           *       *       *       *       *       *       *


                     XIX. Committee Recommendations

    On July 22, 2003, a quorum being present, the Committee on 
Science favorably reported H.R. 2608, the National Earthquake 
Hazards Reduction Program Reauthorization Act of 2003, by a 
voice vote, and recommended its enactment.

                XX. Exchange of Committee Correspondence

                          House of Representatives,
                                      Committee on Science,
                                    Washington, DC, August 7, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources, Longworth House Office Building, 
        Washington, DC.
    Dear Mr. Chairman: Thank you for your letter concerning 
H.R. 2608, the National Earthquake Hazards Reduction Program 
Reauthorization Act of 2003. I greatly appreciate your offer to 
waive referral of H.R. 2608 to expedite its consideration.
    I agree that waiving the Committee on Resources' referral 
in the case of H.R. 2608 does not waive your Committee's 
jurisdiction. Be assured that our Committee plans to work with 
you to ensure passage of this legislation.
    We intend to include a copy of our exchange of letters on 
this matter in the Committee Report on H.R. 2608 and the 
Congressional Record during floor consideration of H.R. 2608. 
Further, I would be pleased to support the representation of 
your Committee at any conference on H.R. 2608 as well as any 
similar or related legislation and would ask that you support a 
similar request by the Committee on Science.
    Thank you for your consideration and attention regarding 
this matter.
            Sincerely,
                                      Sherwood L. Boehlert,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                                    Committee on Resources,
                                    Washington, DC, August 6, 2003.
Hon. Sherwood Boehlert,
Chairman Committee on Science, Rayburn House Office Building, 
        Washington, DC.
    Dear Mr. Chairman: I have reviewed the text of H.R. 2608, 
the National Earthquake Hazards Reduction Program 
Reauthorization Act of 2003, as ordered reported from the 
Committee on Science on July 22, 2003. The Committee on 
Resources has received an additional referral of this bill.
    Recognizing your wish that this bill be considered by the 
House of Representatives as soon as possible, I will not insist 
on exercising the Committee on Resources' referral of H.R. 
2608. However, waiving the Committee on Resources' referral in 
this case does not waive the Committee's jurisdiction over any 
provision in H.R. 2608 or similar provisions in other bills. In 
addition, I ask that you support my request to have the 
Committee on Resources represented on the conference on this 
bill, if a conference is necessary. Finally, I ask that you 
include this letter in the Committee on Science's bill report.
    I appreciate your cooperation on this bill, and I look 
forward to working with you to see that H.R. 2608 is enacted 
into law soon.
            Sincerely,
                                          Richard W. Pombo,
                                                          Chairman.

  XXI Proceedings of the Full Committee Markup on H.R. 2608, National 
Earthquake Hazards Reduction Program Reauthorization Act of 2003, July 
                                22, 2003

    The Committee met, pursuant to call, in room 2318 of the 
Rayburn House Office Building, Hon. Sherwood D. Boehlert 
(chairman of the committee) presiding.
    Chairman Boehlert. We will now consider the bill H.R. 2608, 
the National Earthquake Hazard Reduction Program 
Reauthorization Act of 2003.
    I now recognize the Research Subcommittee Chairman Mr. 
Smith for any comments he may have on the bill.
    Mr. Smith of Michigan. Mr. Chairman, I would ask unanimous 
consent that my total statement on the bill be entered into the 
record.
    Chairman Boehlert. Without objection, so ordered.
    Mr. Smith of Michigan. And a brief summary is the 
objectives of this bill are to mitigate the impact of 
earthquakes on lives and property, and while the existing 
program over the years has provided a wealth of useful 
information, its success has been limited by poor energy--
inter-agency coordination and declining funding in real terms, 
and so that is what we dealt with in this reauthorization bill. 
We increased the funding 33 percent over what was appropriated 
last year. Funding, if you take into consideration major 
equipment projects, has been increased, and the legislation 
tries to insist that there be better management and better 
coordination of NEHRP and in terms of the energy--inter-agency 
cooperation, Mr. Chairman, the establishment of an inter-agency 
coordinating committee to manage NEHRP planning and 
coordination to be chaired by the Director of NIST, the 
establishment of an external advisory committee and I just 
thank both sides of the aisle and certainly Congresswoman 
Lofgren for working on the effort to accomplish this bipartisan 
bill.
    [The statement of Nick Smith follows:]

         Comments and Bill Description by Mr. Smith of Michigan

     Mr. Chairman, I will just summarize the highlights of this 
bill briefly. It reauthorizes the National Earthquake Hazards Reduction 
Program, or NEHRP, through fiscal year 2006, and makes significant 
changes to the structure and coordinating mechanisms within the 
Program, while maintaining the Program's important objectives to 
mitigating the impact of earthquakes on lives and property.
     NEHRP was established in 1997, and funds earthquake 
related activities of the Federal Government through the Federal 
Emergency Management Agency (FEMA), U.S. Geological Survey (USGS), 
National Science Foundation (NSF), and National Institute of Standards 
and Technology (NIST). While the Program has provided a wealth of 
useful information during its 25 years, its success has been limited by 
poor interagency coordination and declining funding in real terms. 
Addressing these concerns was our top priority in crafting this 
legislation.
     The bill's major provisions include: (1) establishment of 
an Interagency Coordinating Committee to manage NEHRP planning and 
coordination, to be chaired by the Director of NIST; (2) establishment 
of an external Advisory Committee of non-Federal stakeholders to 
provide suggestions for improvements in NEHRP; (3) reauthorization of 
funds for completion of the Advanced National Seismic System, an 
integrated seismic monitoring network that was authorized by the 
Science Committee three years ago but has yet to receive adequate 
funding; and (4) significant funding increases for NIST, reflecting the 
call for increased emphasis on promoting the adoption into practice of 
hazard reduction applications.
     In examining the possibility of making structural change 
to the Program to create the Interagency Coordinating Committee (ICC) 
and transferring leadership of the ICC from FEMA to NIST, I want to 
note that this was a very difficult decision for us, and one that we 
considered very carefully. Ultimately, we decided to make the change 
for a combination of reasons, including (1) FEMA's ongoing inability to 
effectively coordinate with other program agencies and conduct 
reporting and other lead agency responsibilities; (2) concerns about 
the impact of FEMA's transfer into the Department of Homeland Security; 
and (3) a confidence in NIST's ability to effectively handle lead 
agency responsibilities; and (4) a desire to strengthen what is 
currently just a token role by NIST in the program.
     I do want to emphasize, however, that (1) we still believe 
FEMA has a very important--more accurately, indispensable--role to play 
in helping NEHRP succeed; and (2) for NIST to succeed as lead agency, 
this Committee and others in Congress will have to provide stronger 
oversight and support to see the changes envisioned in this bill become 
a reality.
     I believe that taxpayer funds for this Program, if 
directed to the right priorities and implemented as a true interagency 
program, can be leveraged many times over. It is a very important 
program that we forget about all too easily. But we know that though 
infrequent, earthquakes are inevitable, and that is just a matter of 
time before damaging earthquakes occur again. Until that time, we can 
only promote policies at all levels of government to increase 
preparedness and strength of the built environment. This legislation 
helps us to do that.
     I am pleased to say that we worked closely with the 
minority in drafting a bipartisan NEHRP authorization bill, and that 
the bill has been endorsed by the NEHRP Coalition, a consortium 
representing the earthquake community and including the American 
Geological Institute, American Society of Civil Engineers, Earthquake 
Engineering Research Institute, and Seismological Society of America. 
We have also received very positive feedback from the Office of Science 
and Technology Policy on the major provisions of the legislation.
     I would urge all members to support both the Manager's 
Amendment as well as the underlying bill.

    Chairman Boehlert. Thank--thank you very much. Your partner 
in this venture, Mr. Baird, who has been so instrumental in 
working cooperatively with you to get this bill moving forward, 
is not here. Without objection, his statement shall appear in 
the record at this juncture.
    The Chair recognizes Mr. Hall for any statement he might 
care to make.
    Mr. Hall. Mr. Chairman, I join you in support of this 
legislation. I ask unanimous consent that my report be placed 
in the record.
    Chairman Boehlert. Without objection, so ordered.
    [The statement of Ralph M. Hall follows:]

                    Statement by Hon. Ralph M. Hall

    Mr. Chairman, I join you in support of H.R. 2608, the National 
Earthquake Hazards Reduction Program Reauthorization Act. This 
interagency earthquake program was established 25 years ago to address 
the serious seismic hazard in the United States. It has the major goal 
of determining how to lower the risk to people and to the built 
environment.
    Although the earthquake program has made many contributions to 
understanding earthquakes and how to design structures and lifelines to 
resist the effects of earthquakes, much work remains to be done.
    The bill focuses on two aspects of the program in need of reform--
program leadership and increased emphasis on transitioning the results 
of research to practice. Program leadership is addressed by designating 
NIST as the lead agency for planning and coordinating program 
implementation. The participating agencies are tasked to join NIST in 
developing a unified budget for the program and a set of program goals, 
taking into consideration the advice of a newly established outside 
advisory committee.
    The manager's amendment to be offered by Research Subcommittee 
Chairman Smith was developed with the cooperation of this side of the 
aisle. The final language of the amendment is the result of a close 
consultation with the earthquake research and earthquake hazards 
communities.
    I strongly support H.R. 2608 and recommend the measure to my 
colleagues for their approval.

    Chairman Boehlert. Mr.--Dr. Ehlers.
    Mr. Ehlers. Thank you, Mr. Chairman. I have a statement, 
and I will ask that it be placed in the record, but I want to 
summarize that concern. I am the Chairman of the Subcommittee 
with jurisdiction over the National Institute of Standards and 
Technology, and this legislation designates NIST as the Chair 
of the National Earthquake Hazard Reduction Program. They can 
certainly carry out this program. They obviously can handle it, 
and they have done very well with fire-related issues. However, 
as I mentioned earlier today, the underfunding of NIST labs is 
not a new problem. It is ongoing, and today we are considering 
on the floor of the Commerce, State and Justice appropriations 
bill, which provides a funding level for NIST $30 million below 
the President's request and flat compared to the fiscal year 
'03 appropriations. You combine that with the fact that we are 
assigning yet another responsibility to them. I have great 
concerns about this and I respectfully request that the report 
language for this bill indicate that the Science Committee 
intends to work closely and forcefully with the other members 
of the NEHRP inter-agency coordinating committee, the Office of 
Budget and the Chairman and Members of the Commerce, Justice 
and State Appropriations Committee to ensure that NIST receives 
adequate appropriations and support for these additional 
responsibilities.
    Mr. Smith of Michigan. Would the gentleman yield some time 
for----
    Mr. Ehlers. With that, I move that the statement be entered 
into the----
    Mr. Smith of Michigan. Would the gentleman yield?
    Mr. Ehlers. I will be happy to yield.
    Chairman Boehlert. And would the--he asked that the 
statement be entered into the record. Without objection, so 
ordered.
    [The statement of Vernon J. Ehlers follows:]

                   Statement of Hon. Vernon J. Ehlers

    As chairman of the Subcommittee with jurisdiction over the National 
Institute of Standards and Technology (NIST), I want to comment on the 
Interagency Coordinating Committee in Section 3 of H.R. 2608. This 
section designates NIST as the chair of the National Earthquake Hazards 
Reduction Program (NEHRP) coordinating committee. While I believe that 
NIST is capable of carrying out these responsibilities, I am concerned 
that the Institute will not receive adequate funding to perform these 
duties. In the past NIST's earthquake research activities have not 
received the full funding authorized to them, and this section 
designates additional responsibilities for NIST.
    The under-funding of NIST labs is not a new problem. Today we are 
considering the Commerce, Justice, and State Appropriations bill on the 
floor. The funding levels for NIST labs in this bill are $30 million 
below the President's request, and flat compared to the FY03 
appropriations. This leaves many of NIST's vital initiatives under-
funded and, in addition, because substantial funds are needed for 
mandatory cost-of-living increases, would result in a reduction-in-
force of 50 scientists and staff from NIST labs. For the building and 
fire research lab, where NIST's NEHRP activities are based, the funding 
level in the FY04 bill is $3 million less than FY03 level.
    Yet, NIST is an important institution to this Committee, which has 
given the Institute new responsibilities for programs including voting 
standards, building safety, fire safety (another bill we are 
considering here today), and nanotechnology. At some point we have to 
make a concerted effort to ensure NIST receives the money to carry out 
these important duties.
    I respectfully request that report language for H.R. 2608 indicate 
that the Science Committee intends to work closely and forcefully with 
the other members of the NEHRP Interagency Coordinating Committee, the 
Office of Science and Technology Policy, the Office of Management and 
Budget, and the Chairman and Members of the Commerce, Justice, and 
State Appropriations Subcommittee to insure that NIST receives adequate 
appropriations and support for these additional responsibilities. Thank 
you.

    Mr. Smith of Michigan. I just would like to indicate that 
the authorization, and we don't appropriate, we authorize, the 
authorization for NIST has been increased from $2.5 up to $8 as 
far as the authorization increase to cover the cost of the 
additional responsibility.
    Mr. Ehlers. Right, and then my plea is that we work very 
hard to make sure that the appropriation matches it.
    Chairman Boehlert. Thanks. I am glad to have that 
understanding. Without objection, all members may place opening 
statements in the record at this point. The Chair recognizes 
Ms. Lofgren.
    Ms. Lofgren. Thank you, Mr. Chairman. I just--very briefly, 
we are getting towards the end of a rather long markup, but I 
did want to thank both the Chairman and the Chairman of the 
Subcommittee for their very good efforts in putting together a 
bill that I think we all agree has a good chance of improving 
performance in the Agency. I think we all were concerned at the 
new home in the Department of Homeland Security, and I really 
feel it was a good process of trying to reach consensus, not 
only between us on the Committee, but among the agencies of 
what might work and certainly, the private sector, on what 
might work better, and I think this is the best guess we can 
have right now. We certainly want to see how it works and if 
there are further improvements that could be made, I know that 
we will work together on that, and I especially want to say I 
very much agree with the need for additional--the additional 
authorization, and I would like to work with the Chairman of 
both the Committee and Subcommittee to see that this is fully 
appropriated.
    This is one of those areas where you can be penny-wise and 
pound-foolish, and I recall the disparity in disaster costs 
between Oakland, San Francisco and San Jose during the Loma 
Prieta Earthquake, and event that was described as a tiny one 
by one of the seismologists. It seemed kind of remarkable to 
me. It didn't seem tiny to me, but really, it was good 
engineering, and if you look at where we are at risk across the 
United States, it is not just California. It is the Midwest, it 
is all over, and so it is an imperative that we get these 
engineering standards upgraded and deployed if we are going to 
avoid just catastrophic costs for the United States, so I 
enjoyed participating in the process, and I look forward to 
working with you further in the future, and I thank you for 
recognizing me and yield back.
    Chairman Boehlert. Thank you so much, and add to the list 
upstate New York. All right. I ask unanimous consent that the 
bill is considered as read and opened to amendment at any point 
and that the members proceed with the amendments in the order 
of the roster. Without objection, so ordered.
    Mr. Smith of Michigan. I have an amendment at the desk, Mr. 
Chairman.
    Chairman Boehlert. Mr. Smith, the next amendment on the 
roster is amendment #1 offered by Mr. Smith from Michigan. I 
ask unanimous consent that the amendment be considered en bloc. 
Without objection, so ordered. Are you ready to proceed, Mr. 
Smith?
    Mr. Smith of Michigan. We are ready, Mr. Chairman. There 
being----
    Chairman Boehlert. The Clerk will report the amendment.
    Ms. Tessieri. Amendment to H.R. 2608, offered by Mr. Smith 
of Michigan.
    Chairman Boehlert. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered. Mr. Smith is 
recognized for 5 minutes.
    Mr. Smith of Michigan. The amendment adds additional report 
language. It gives additional authorization to FEMA. It directs 
also that the National Science Foundation, to support research 
on improving the safety and performance of buildings, 
structures, lifelines, using large scale experimental and 
computation facilities. The amendment also makes three changes 
to Section 4, to increase funding to FEMA and some other 
technical increases, and Mr. Chairman, I would move that the 
complete statement of the amendment also be----
    Chairman Boehlert. Without objection, so ordered. The 
amendment has been worked with--cooperation and consultation on 
the part of the minority, so if there is no further discussion, 
the vote occurs on the amendment. All in favor, say aye. Aye. 
Opposed, no. The ayes have it and the amendment is agreed to. 
The next amendment on the roster is amendment #3 offered by Mr. 
Moore of Kansas. Mr. Hall, are you going to offer Ms. Jackson-
Lee's?
    Mr. Hall. Yes, I would be glad to.
    Chairman Boehlert. Amendment #2 offered by Mr. Hall on 
behalf of Ms. Jackson-Lee. Ready to proceed?
    Mr. Moore. Ready to proceed, Your Honor.
    Chairman Boehlert. The Clerk will report the amendment.
    Mr. Moore. This amendment makes sure that we tap into all--
--
    Chairman Boehlert. Let the Clerk report.
    Ms. Tesieri. Amendment to H----
    Chairman Boehlert. Let the Clerk.
    Ms. Tessieri. Amendment to H.R. 2608 offered by Mr. Hall on 
behalf of Ms. Jackson-Lee of Texas.
    Chairman Boehlert. The gentleman is recognized.
    Mr. Hall. This amendment simply makes sure that we tap into 
all the resources that our system has to offer by stating that 
activities in the new program will include to the maximum 
extent practicable diverse institutions including historically 
black colleges and universities and those serving large 
proportions of Hispanics, Native Americans, Asian-Pacific 
Americans, or other underrepresented populations. The amendment 
will ensure that our federal reserve programs are as inclusive 
as possible and not exclusive of people in program that need 
and deserve support. I hope you can support it.
    Chairman Boehlert. I certainly can support it. It is a good 
amendment, as----
    Mr. Smith of Michigan. Mr. Chairman, I also----
    Chairman Boehlert. Mr. Smith.
    Mr. Smith of Michigan. As the Chairman of the Subcommittee, 
I also support the amendment.
    Chairman Boehlert. The vote is on the amendment. All in 
favor say aye. Aye. Opposed, no. The ayes have it and the 
amendment is agreed to. The next amendment on the roster is 
amendment #3, offered by Mr. Moore from Kansas. Are you 
prepared?
    Mr. Moore. Yes, I am. Thank you, Mr. Chairman. I have an 
amendment at the desk.
    Chairman Boehlert. The Clerk will report the amendment.
    Mr. Moore. Mr. Chairman, I ask unanimous consent the 
amendment be considered as read.
    Chairman Boehlert. Without objection, so ordered.
    Chairman Boehlert. Mr. Moore is recognized for 5 minutes.
    Mr. Moore. Thank you, Mr. Chairman and Ranking Member Hall. 
As many of you know, this amendment I am offering today 
includes sections of a bill, H.R. 2020, some of which you are 
co-sponsoring, which was first introduced in the 106th 
Congress. The base bill here talks about earthquakes and 
earthquakes certainly are a natural disaster that can take 
lives and destroy property. By the same token, tornados can 
take lives and wind can take lives and destroy property. This 
legislation, my initial bill, came about after devastating 
tornados in my hometown of Wichita, Kansas in 1999. I drafted 
legislation modeled after NEHRP to mitigate loss of life and 
property due to winds and related hazards. I requested comments 
from the American Society of Civil Engineers, the American 
Association of Homebuilders, the insurance industry, 
meteorologists, emergency managers, academia, industry and the 
manufactured housing associations to fine-tune the legislation.
    On May 4 of this year, almost 4 years to the day after the 
deadly 1999 Kansas and Oklahoma tornados, tornados again struck 
in metropolitan Kansas City and the surrounding suburbs and 
many of my Science Committee's colleagues' districts, 
destroying property and killing our constituents. These 
tornados didn't check with Congress to see if they were hitting 
Republican or Democratic districts. They struck. This is not a 
Republican or Democratic issue, it is a human issue and a human 
tragedy.
    These windstorms destroy lives. I have seen it in my own 
district, and I know many of my colleagues have seen it in 
their districts as well. I know, for example, in May, the same 
time that tornados struck in Kansas, or around the same time, 
tornados raced across the state of Oklahoma, stretching from 
the Oklahoma panhandle to the south, central and northeastern 
sections of that state.
    Over the weekend of May 9, tornados left 145 people 
injured, one dead and 2,889 single family homes damaged with 
over $100 million in damage.
    Mr. Chairman, I would like to work with you and this 
Committee to move legislation to mitigate loss of life and 
property due to wind and related hazards. I understand that my 
amendment is not considered germane to the NEHRP legislation. 
At this time, I would like to ask you, Mr. Chairman, if you 
would consider markup of my legislation or similar legislation 
in the near future.
    Chairman Boehlert. I can assure the gentleman that we will 
work with him and others on the Committee who have expressed 
similar interest, Mr. Lucas, Ms. Hart. I think there are 22 
colleagues on my side that have co-sponsored a bill. It is a 
very important subject that needs to be addressed, and we will 
work with you on a bill in thisCongress, not next Congress, 
this Congress.
    Mr. Moore. Mr. Chairman, I very much appreciate your 
assurances and I look forward to working with you on this 
important----
    Mr. Smith of Michigan. Would the gentleman yield before he 
withdraws?
    Mr. Moore. Absolutely.
    Mr. Smith of Michigan. It is interesting. In talking to the 
architects, especially on residential houses, they have just a 
military, because of military construction codes, they have 
just developed a very simple change in building when they build 
a residential house on top of the studs, the plate is two two-
by-fours, there is one two-by-four at the bottom. By putting 
two two-by-fours at the bottom, they increase the wind 
resistance by almost 60 percent. So there are many areas that 
we need to explore that can have tremendous results in 
protecting lives and property. And I yield back. Thank you so 
much.
    Chairman Boehlert. Mr. Moore.
    Mr. Moore. And I thank the gentleman for his comments, and 
I thank the Chairman for his assurances, and I yield back the 
balance of my time.
    Chairman Boehlert. Are you asking unanimous consent that 
the amendment be withdrawn?
    Mr. Moore. Yes, Your Honor.
    Chairman Boehlert. And without objection, so ordered. Are 
there any further amendments? Seeing no--yes, Mr. Moore? Okay. 
If not, the vote occurs on final passage, H.R. 2608, the 
National Earthquake Hazard Reduction Program Reauthorization 
Act of 2003. All those in favor say aye. Aye. Opposed, no. The 
ayes have it, and in the opinion of the Chair, the ayes do have 
it. I now recognize Mr. Hall for a motion.
    Mr. Hall. Mr. Chairman, I move that the Committee favorably 
report H.R. 2608, as amended, to the House with a 
recommendation that a bill, as amended, do pass. Furthermore, I 
move that the staff be instructed to prepare the legislative 
report and make necessary technical and conforming changes, and 
that the Chairman take all necessary steps to bring that bill 
before the House for consideration.
    Chairman Boehlert. The Chair notes the presence of a 
reporting quorum. The question is on the motion to report the 
bill favorably. Those in favor of the motion will signify by 
saying aye. Aye. Opposed, no. The ayes appear to have it and 
the bill is favorably reported. Without objection, the motion 
to reconsider is laid upon the table. I move that members have 
two subsequent calendar days in which to submit supplemental, 
minority, or additional views on the measure. I move pursuant 
to Clause 1 of Rule 22 of the House of Representatives that the 
Committee authorize the Chairman to offer such motions as may 
be necessary in the House to go toconference with the Senate on 
the bill H.R. 2608 or a similar Senate bill. Without objection, so 
ordered.
    [Whereupon, the Committee proceeded to other business.]