Management Agency (FEMA); U.S. Geological Survey (USGS); National Science Foundation (NSF); and National Bureau of Standards 3 (NBS). The National Earthquake Hazards Reduction Program is working to reduce the risks from future earthquakes in the United States.

Legislative History

The Subcommittee on Science, Research and Technology held a hearing on the Earthquake Hazards Reduction Act on March 10, 1987, with witnesses from the Federal Government, California Seismic Safety Commission, Utah Geological and Mineral Survey, Massachusetts Office of Emergency Preparedness, and the National Center for Earthquake Engineering, State University of New York at Buffalo.

On March 17, 1987, the Subcommittee met to mark up H.R. 1612, which had been introduced by Mr. Roe (by request; Administration Proposal 100-835) on March 16, 1987. The bill was jointly referred to the Committees on Science, Space, and Technology and Interior and Insular Affairs. During the Subcommittee markup, an amendment was accepted to reestablish the Federal Emergency Management Agency's cost-sharing program for state and local assistance at the fiscal year 1987 appropriation level thus authorizing the FEMA program at $5.778 million, rather than the Administration's request of $5.313 million. FEMA's budget request for fiscal year 1988 reflected a reduction of $465,000 from the FY 1987 level to correspond with an OMB directive. The amendment also provided a 0.17 percent inflationary increase in fiscal year 1989, identical to the percentage increase in the Administration proposal. This amendment would overturn an Office of Management and Budget directive for FEMA to require states to match grants (50/50) for emergency preparedness and planning commencing in fiscal year 1988. The Subcommittee accepted another amendment which would forbid the imposition of new cost-sharing requirements in fiscal year 1988. Now, only three states engage in any cost sharing with FEMA. The amendment, however, would allow FEMA to require up to a 25 percent match in fiscal year 1989.

Another amendment dealt with the USGS's earthquake program. The Administration request of $32.540 million reduced two programs-regional seismic networks that measure quake activity in California, Alaska, Washington, Nevada, Utah, and Missouri and elsewhere; and geodetic surveys that measure the build up of tension in some earthquake-prone regions.

The Subcommittee adopted an amendment to increase the USGS's earthquake budget to the level required to maintain programs at the fiscal year 1986 post Gramm-Rudman-Hollings level, raising the USGS authorization from the Administration request of $32.540 million to $36.540 million. The additional funding above the Administration's fiscal year 1988 request would cover the cost of increased salaries and retirement benefits, as well as the full cost of operating the fiscal year 1987 programs in fiscal year 1988. The amendment would also provide a 3.5 percent inflationary in

3 Now named the National Institute of Standards and Technology (NIST) (P.L. 100-418, Title V, Part B, Subpart A, Sections 5111 through 5163, enacted August 23, 1988).

crease in fiscal year 1989, indentical to the percentage increase in the Administration proposal.

By unanimous voice vote, the Subcommittee ordered H.R. 1612 forwarded to the Committee on Science, Space, and Technology with amendments. On May 13, 1987, the Committee adopted an additional amendment to reduce the NSF earthquake budget for fiscal year 1988 by $465,000 to $28.235 million and by $466,000 in fiscal year 1989 to $31.634 million. By unanimous voice vote, the Committee ordered H.R. 1612 reported with amendments for a fiscal year 1988 authorization total of $71.078 million as follows: FEMA-$5.778 million; USGS-$36.540 million; NSF-$28.235 million; and NBS-$525,000. For fiscal year 1989, the authorization total of $75.766 million is as follows: FEMA-$5.788 million; USGS-$37.819 million; NSF-$31.634 million; and NBS-$525,000. (H. Rept. 100-89, Part 2)

The Committee on Interior and Insular Affairs ordered H.R. 1612 reported, as amended by voice vote on April 22, 1987 (H.Rept. 10089, Part 1). H.R. 1612, as reported by the Interior Committee, contained two major differences from H.R. 1612, as reported by the Science, Space, and Technology Committee: the bill provided a four-year authorization and authorized the President's request for the NSF earthquake budget in the amounts of $28.700 million for FY 1988 and $32.100 million for FY 1989.

On June 8, 1987, the House suspended the Rules, and passed an agreement reached between the Interior and Insular Affairs Committee and the Science, Space, and Technology Committee. The agreement contained the following: a three-year authorization; retention of the Science Committee's authorization levels for fiscal year 1988 and fiscal year 1989; and for fiscal year 1990, an increase at the same percentage as the President's fiscal year 1989 request for each agency, for a total authorization of $80,919,000.

On June 9, 1987, the bill was received in the Senate and referred to the Committee on Commerce, Science, and Transportation. The Committee ordered the measure favorably reported on July 28, 1987, with an amendment in the nature of a substitute. The bill, as reported by the Senate Commerce, Science, and Transportation Committee, authorized a total of $75.543 million in fiscal year 1988 and a total of $80.232 million in fiscal year 1989 distributed as follows: FEMA-$5.778 million for fiscal year 1988 and $5.788 million for fiscal year 1989; USGS-$40.450 million for fiscal year 1988 and $41.819 million for fiscal year 1989; NSF-$28.700 million for fiscal year 1988 and $32.100 million for fiscal year 1989; and NBS$525,000 for fiscal year 1988 and $525,000 for fiscal year 1989 (S. Rept. 100-239).

On December 21, 1987, the Senate, by unanimous consent, accepted an amendment in the nature of a substitute to H.R. 1612. The amendment passed by the Senate reflected a compromise reached among the Senate Committee on Commerce, Science, and Transportation and the House Committees on Science, Space, and Technology and Interior and Insular Affairs. As passed, H.R. 1612 authorized a total of $73.078 million in fiscal year 1988, $79.766 million in fiscal year 1989, and $85.060 million in fiscal year 1990. In addition, the bill retained the House provision to restore the state and local assistance program at FEMA, which would have

been cut in half by the Administration's request; maintained the House provision to reduce slightly the Administration's proposed earthquake research budget for the National Science Foundation in fiscal years 1988-1990; retained the Senate's provision to increase the USGS's program in fiscal year 1988 by $2.0 million to fund the study of earthquakes in the eastern United States and to support university research in the field of engineering seismology (support for both initiatives was doubled in fiscal year 1989 and increased by 3.5 percent in fiscal year 1990); and accepted the Senate version of the provision, similar to that of the House, that prohibited FEMA from requiring a 50/50 cost sharing match for states participating in FEMA's state and local assistance program until 1989. All other provisions are identical to provisions in the House-passed bill. On February 16, 1988 the Rules were suspended and the House concurred in the amendment of the Senate, clearing the measure for the President. H.R. 1612 was signed by the President on February 29, 1988, becoming Public Law 100-252. Committee Publication Numbers 100-14; H. Rept. 100-89, Part 2.

1.8-PUBLIC LAW 100-408, THE PRICE-ANDERSON AMENDMENTS ACT OF 1987 (H.R. 1414)

To amend the Price-Anderson provisions of the Atomic Energy Act of 1954 to extend and improve the procedures for liability and indemnification for nuclear incidents.

Background and Summary of Legislation

P.L. 100-408 amends the provisions of the Price-Anderson Act, section 170 of the Atomic Energy Act of 1954, to extend and improve procedures to provide for public liability due to nuclear activity by a licensee of the Nuclear Regulatory Commission (NRC) or a Department of Energy (DOE) contractor or some other entity specified in the legislation that deals with nuclear materials. The two major objectives of the Act as passed in September 1957 were; (1) to assure the availability of funds in the event of a nuclear incident; and, (2) to remove the growth deterrent for the nuclear power industry presented by the threat of unlimited liability claims in the event of a nuclear incident. The Price-Anderson Act has been amended twice since 1957. Key elements of the Act, including the section of the Act which authorized DOE to give its contractors indemnity for nuclear activities, expired on August 1, 1987.

The major provisions of P.L. 100-408 raise the ceiling on public liability for a nuclear incident to an amount equal to approximately $7 billion (the exact amount is dependent upon the number of reactors in the insurance pool and the maximum amount of private insurance available); waive State statute of limitation laws if a lawsuit alleging liability is filed within three years of the date the claimant knew or reasonably could have known of the injury; broadens the definition of "extraordinary" nuclear occurrence; provides for public liability due to a nuclear incident outside the United States, underground detonation activities, and nuclear waste; and, sets forth new procedures for lawsuits following a nuclear incident.

The Committee on Science, Space, and Technology exercised jurisdiction over that portion of the law dealing with DOE contractors and others who own or operate research and development reactors. P.L. 100-408, in addition to the provisions noted, would extend DOE's indemnification authority for 15 years; make indemnification mandatory for all DOE contractors that could incur public liability for nuclear activity; provide indemnification for nuclear waste handled by DOE through its contractors; require that DOE (and not NRC) be the sole agency to provide coverage under the Act to its demonstration reactors; and, allow DOE to indemnify its contractors for administrative and legal costs incurred under the Act.

Legislative History

P.L. 100-408 was introduced as H.R. 1414 on March 4, 1987, and referred to the Committee on Interior and Insular Affairs. It was reported with amendments from the Interior Committee on May 21, 1987, and sequentially referred to the Committee on Science, Space, and Technology, and Energy and Commerce. The Committee on Science, Space and Technology, Subcommittee on Energy Research and Development, held a hearing on the bill on June 17, 1987, and a markup on June 24, 1987. The Committee considered H.R. 1414 on July 22, 1987, and ordered it reported with amendments. The Legislative Report was filed in the House on July 22, 1987 (H. Rept. 100-104, Part 2). The measure passed the House, amended, on July 20, 1987 (roll call vote of 396 ayes to 17 nays). On July 31, 1987, it was received in the Senate and placed on the Senate calendar. On March 18, 1988, the bill with amendments passed the Senate (recorded vote of 46-44). On August 2, and August 5, 1988 the House and then the Senate accepted a compromise version and presented it to the President on August 11, 1988. P.L. 100-408 was signed by the President on August 20, 1988. Committee Publication Numbers 100-30; H. Rept. 100-104, Part 2. 1.9-PUBLIC LAW 100-418, THE OMNIBUS TRADE AND COMPETITIVENESS ACT OF 1988 (H.R. 4848; H.R. 3)

To enhance the competitiveness of American industry, and for other purposes.

Background

The current trade imbalance has been one of the most important problems facing the United States for the past several years. Trade policy by its very nature cuts across the jurisdiction of most of the Committees of the House of Representatives. Therefore, when the Congress made the commitment to address the U.S. trade problems through major legislation, it did so both in the House and in the Senate by combining bills produced by various committees of the Congress into a unified piece of legislation. The Committee on Science, Space, and Technology wrote two bills, H.R. 2160 and H.R. 2916, which were incorporated into H.R. 4848, Title V, Subtitle B, Part I entitled the Technology Competitiveness Act.

Subpart A of the Technology Competitiveness Act renames the National Bureau of Standards (NBS) as the National Institute of

Standards and Technology (NIST). It updates the 1901 NBS Organic Act to include explicit authority for NIST to conduct all standards work currently underway or needed in the foreseeable future. An organization plan for NIST is to be submitted to Congress within 120 days of enactment and 60 days before implementation. Under Subpart B, NIST is authorized to establish Regional Centers for the Transfer of Manufacturing Technology (Regional Centers) to provide outlets for the demonstration of NIST technology to small and medium-sized firms. Initially the Regional Centers will be focused on automated manufacturing. For FY 1989 and 1990 a total of $40,000,000 is authorized for these programs. The Secretary of Commerce is to conduct a study of existing state technology extension services and their relation to the Federal Government and develop an implementation plan for NIST assistance to state technology programs. Two million (per year) is authorized for three years beginning in FY 1989, for cooperative agreements with states, after which the program sunsets. The NBS Energy-Related Inventions Program is extended to permit evaluation and technical support for all worthy inventions. A Clearinghouse of State and Local Initiatives is established in the Commerce Department's Office of Productivity, Technology, and Innovation to collect and disseminate information on federal, state and local initiatives promoting technology innovation.

Subpart C establishes an Advanced Technology Program to serve as a focal point for cooperation between the public and private sector in the development of advanced industrial technology. The NBS visiting Committee is broadened to a Visiting Committee on Advanced Technology to provide outside expert advice on all programs of NIST.

In Subpart D, a National Advisory Committee on Semiconductors is established with the mandate to recommend a national strategy to ensure U.S. competitiveness in the semiconductor industry. A National Commission on Superconductivity is established to review major policy issued related to superconductor research.

In Subpart E, NBS authorization for appropriations are included for traditional NBS programs at the same level as in the FY 1988 appropriations bill, H.R. 2160.

In Subpart F, small corrections are made to the Federal Technology Transfer Act of 1986. Miscellaneous provisions a ban on NIST research associate fees, reestablishment of the Department of Commerce Science and Technology Fellowship Program, and limits on the ability of the Department of Commerce to contract out functions of the National Technical Information Service. The Metric Conversion Act of 1975 is amended to establish metric as the preferred system of measurement in federal procurements, grants, and business related activities. This provision is patterned after DOD Directive Number 4120.18, which established this policy in the Department of Defense.

Part II, entitled Symmetrical Access to Technological Research, directs the President to include information describing_foreign access to research and development opportunities in the U.S. in the annual report to Congress mandated by Title V of the Foreign Relation Authorization Act of 1979.