[Senate Report 115-336]
[From the U.S. Government Publishing Office]
Calendar No. 568
115th Congress } { Report
SENATE
2d Session } { 115-336
_______________________________________________________________________
NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM REAUTHORIZATION ACT OF
2017
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1768
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 6, 2018.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
79-010 WASHINGTON : 2018
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma GARY C. PETERS, Michigan
MIKE LEE, Utah TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia MARGARETWOODHASSAN, NewHampshire
CORY GARDNER, Colorado CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana JON TESTER, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Calendar No. 568
115th Congress } { Report
SENATE
2d Session } { 115-336
======================================================================
NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM REAUTHORIZATION ACT OF
2017
_______
September 6, 2018.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1768]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1768) to reauthorize and amend
the National Earthquake Hazards Reduction Program, and for
other purposes, having considered the same, reports favorably
thereon with an amendment (in the nature of a substitute) and
recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1768, as reported, is to authorize
various seismological research and warning systems, including
those under the National Earthquake Hazards Reduction Program
(NEHRP).
Background and Needs
The NEHRP is a multi-disciplinary and interagency program
created under the Earthquake Hazards Reduction Act of 1977
(EHRA)\1\ which celebrated its 40th anniversary on October 7,
2017. It was created to facilitate private research, planning,
decision-making, and mitigation efforts related to seismic
activity. Although the NEHRP has received 11 authorizations
from Congress, the program has been operating without
authorization since fiscal year (FY) 2009,\2\ which has
weakened its effectiveness. For example, stakeholders have
noted there has been a drop-off in interagency coordination,
and certain agency grants under the program have not been
awarded.
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\1\Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.).
\2\National Earthquake Hazard Reduction Program Reauthorization Act
of 2004, P.L. 108-360; 118 Stat. 1668.
---------------------------------------------------------------------------
The following four agencies contribute to the NEHRP: the
National Institute of Standards and Technology (NIST), which is
the lead agency and responsible for NEHRP planning and
coordination; the Federal Emergency Management Agency (FEMA),
which promotes the implementation of research results and best
practices as well as earthquake preparedness, response, and
public awareness efforts; the National Science Foundation
(NSF), which supports seismology and other geological research;
and the United States Geological Survey (USGS), which provides
earthquake monitoring and notification services in addition to
post-earthquake investigations and other research. The enacted
NEHRP budgets for these agencies totaled $138.9 million in FY
2017.\3\ The Trump administration's budget request for FY 2018
totaled $124.1 million.\4\
---------------------------------------------------------------------------
\3\National Earthquake Hazards Reduction Program, 2005-2017 NEHRP
Agency Budgets, accessed on December 7, 2017 (http://www.nehrp.gov/pdf/
2005-2017_NEHRP_Agency_
Budgets_for_website_15Aug2017.pdf). Specifically, NIST contributed $5.2
million, FEMA contributed $8.5 million, NSF contributed $54.2 million,
and USGS contributed $67 million in FY16.
\4\National Earthquake Hazard Reduction Program, 2018 Requested
Funding for NEHRP Agencies, accessed on December 8, 2017 (http://
www.nehrp.gov/pdf/2018_Requested_
Funding_for_NEHRPAgencies_15Aug2017.pdf).
---------------------------------------------------------------------------
While it has been decades since a major earthquake has
struck an urban area of the United States, the cost and
national impact of such an earthquake could be devastating.
Experts predict that a single major earthquake in California,
the Pacific Northwest, the western and central United States,
or parts of the Atlantic seaboard, could result in $100 billion
to $150 billion in damages.\5\ This risk is due in part to
significant population growth and urban development in
earthquake-prone regions of the country, the vulnerability of
older buildings and infrastructure, and the increased
interdependency and interconnectedness of society and the
economy.\6\ Describing the scale of the exposure, experts cite
that half of the U.S. population and $59 trillion in building-
related assets are located in portions of 42 States that could
experience damaging ground shaking levels within the next 50
years.\7\
---------------------------------------------------------------------------
\5\Advisory Committee on Earthquake Hazards Reduction,
``Effectiveness of the National Earthquake Hazards Reduction Program''
(September 2017) (http://www.nehrp.gov/pdf/
ACEHR%20report_11Sept2017.pdf).
\6\Id.
\7\Id.
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Summary of Provisions
If enacted, S. 1768, as reported, would do the following:
Reauthorize NIST as the lead agency of the
NEHRP.
Require annual meetings of the Interagency
Coordinating Committee (ICC) instead of three times per
year.
Require the ICC report every 2 years instead
of annually.
Change data sharing requirements between
agencies and improve coordination between Federal and
State agencies in the case of an earthquake disaster.
Require the NSF, to the extent practicable,
to specifically note in any notice of program funding
or other grant announcement that the funds used are
part of the NEHRP, and to track spending on research
that would contribute to all aspects of earthquake
science.
Explicitly authorize the USGS to issue
earthquake warnings and other earthquake awareness
products, and update language on the Advanced National
Seismic System (ANSS).
Direct FEMA to return to a directly-funded,
State-based program for earthquake risk mitigation,
planning, education, and preparedness efforts.
Remove or update outdated statutory
language, including references to earthquake
prediction, seismic systems that are no longer
operational, and outdated authorization levels.
Direct the completion of a comprehensive
assessment of the Nation's earthquake risk reduction
process, as called for by the Advisory Committee on
Earthquake Hazards Reduction in its 2015 report.
Convene a group of experts to examine
buildings and critical infrastructure.
Provide authorizations of appropriations for
FY 2018 through FY 2022.
Legislative History
S. 1768 was introduced on September 6, 2017, by Senator
Feinstein (for herself and Senators Cantwell, Gardner, Harris,
Merkley, Murkowski, Murray, and Wyden). Senators Heinrich and
Sullivan are also cosponsors of the bill. On December 13, 2017,
the Committee met in open Executive Session and, by voice vote,
ordered S. 1768 reported favorably with an amendment (in the
nature of a substitute).
Senator Gardner offered a substitute amendment, which made
several changes to the bill, including the addition of a 5-year
authorization of appropriations from FY 2018 through FY 2022.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1768--National Earthquake Hazards Reduction Program Reauthorization
Act of 2017
Summary: S. 1768 would amend the Earthquake Hazards
Reduction Act of 1977 to make changes to the National
Earthquake Hazards Reduction Program (NEHRP), an interagency
program focused on reducing earthquake-related risks to life
and property. The bill would authorize the appropriation of
$735 million over the 2018-2022 period for the United States
Geological Survey (USGS), the National Science Foundation
(NSF), the Federal Emergency Management Agency (FEMA), and the
National Institute of Standards and Technology (NIST) to
continue the program.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 1768 would cost $596 million
over the 2018-2022 period. Enacting the bill would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
CBO estimates that enacting S. 1768 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
S. 1768 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 1768 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).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2018 2019 2020 2021 2022 2018-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
United States Geological Survey:
Authorization Level............................ 72 74 75 76 78 376
Estimated Outlays.............................. 21 21 21 21 21 363
National Science Foundation:
Authorization Level............................ 55 56 57 58 60 287
Estimated Outlays.............................. 10 31 43 50 53 186
Federal Emergency Management Agency:
Authorization Level............................ 9 9 9 9 9 45
Estimated Outlays.............................. 1 2 4 6 8 20
National Institute of Standards and Technology:
Authorization Level............................ 5 5 6 6 6 28
Estimated Outlays.............................. 4 5 6 6 6 27
Total Changes:
Authorization Level........................ 141 144 147 149 153 735
Estimated Outlays.......................... 79 108 126 137 145 596
----------------------------------------------------------------------------------------------------------------
Components do not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that S.
1768 will be enacted near the beginning of calendar year 2018
and that the authorized amounts will be appropriated for each
year. Estimated outlays are based on historical spending
patterns for this program.
NEHRP is a nationwide program that aims to reduce risks to
life and property in the United States that result from
earthquakes. The main goals of the program include:
Developing effective practices and policies
for earthquake loss reduction and accelerating their
implementation,
Improving techniques for reducing the
earthquake vulnerabilities of facilities and systems,
Improving earthquake hazard identification
and risk assessment methods, and
Improving the understanding of earthquakes
and their effects.
In 2017, $139 million was allocated to NEHRP. The bill
would authorize the appropriation of $735 million over the
2018-2022 period for USGS, NSF, FEMA, and NIST to continue the
program. CBO estimates that implementing S. 1768 would cost
$596 million over the 2018-2022 period and $139 million in
years after 2022.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 1768 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Mandates: S. 1768 contains no intergovernmental or private-
sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Robert Reese;
Mandates: Jon Sperl.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
The Committee does not anticipate a change in the number of
individuals and businesses covered under the existing NEHRP as
a result of this legislation because the bill's program updates
would primarily focus on improving the administrative and
interagency coordination efforts of Federal agencies.
economic impact
The Committee anticipates a positive economic impact from
this legislation given that the bill would focus on improving
earthquake risk mitigation, planning, education, and
preparedness efforts.
privacy
The Committee does not anticipate a detrimental impact on
the personal privacy of individuals as a result of this
legislation because the bill's updates would primarily focus on
improving the administrative and interagency coordination
efforts of Federal agencies.
paperwork
The Committee does not anticipate a significant increase in
paperwork burdens resulting from this legislation because there
would not be any significant paperwork requirements added to
the existing NEHRP.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title; table of contents.
This section would provide that the Act may be cited as the
``National Earthquake Hazards Reduction Program Reauthorization
Act of 2017.''
Section 2. Modifications of findings and purpose.
This section would modify the congressional findings and
purposes of the EHRA to direct the NEHRP to increase the
resilience of communities and reduce the adverse effects of
earthquakes to individuals and communities. This section would
add Oregon and Tennessee to the list of States explicitly cited
in the findings section as having major or moderate seismic
risk. This section also would add a new finding on the
durability of the built environment and general lack of its
suitability for operational use post-earthquake. This section
would add another new finding highlighting the results of a
2011 National Research Council report, which called for 18
tasks focused on research, preparedness, and mitigation, as
well as proposing an estimated annual funding to improve
national earthquake resilience.\8\
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\8\National Research Council, National Earthquake Resilience:
Research, Implementation, and Outreach, (2011) accessed on December 8,
2017 (https://www.nap.edu/catalog/13092/national-earthquake-resilience-
research-implementation-and-outreach).
---------------------------------------------------------------------------
Section 3. Modification of National Earthquake Hazards Reduction
Program.
This section would add mapping of active faults and folds,
liquefaction susceptibility, and susceptibility for earthquake-
induced landslides and other hazards to the activities of the
NEHRP. It would clarify that the Director of the ICC is a
member of the ICC, and would require the ICC to develop and
consistently update a strategic plan and a management plan for
the program. The ICC would be required to develop an
interagency budget to be submitted to the Office of Management
and Budget, develop memorandums of understanding with relevant
Federal agencies on data sharing and resource commitment, and
enhance coordination with other Federal departments and
agencies, including the National Oceanic and Atmospheric
Administration, the National Aeronautics and Space
Administration, the Department of Agriculture, the Department
of the Interior, the Department of Transportation, and the
Department for Housing and Urban Development.
This section would update the responsibilities for the
agencies administering the NEHRP, including to emphasize NIST's
role in research and development to improve community
resilience through building codes and standards, and practices
for structures and lifelines. This section would reemphasize
FEMA's role in continuing to operate a State grant program with
a 25 percent cost-share provided by each State; to support a
comprehensive earthquake education, outreach, and awareness
program; to work on performance-based design features; and to
enter into agreements related to demonstration projects. This
section would clarify the authority of the USGS to issue
earthquake early warnings and add a reporting requirement for
NSF to ensure, to the extent practicable, that the program is
noted in announcements for funding and that research awards are
tracked. FEMA and the USGS would be required to increase
coordination with the Director of NIST.
Section 4. Review of risks posed by earthquakes to the United States.
This section would require the Government Accountability
Office to undertake a review of the effectiveness of the NEHRP
and to identify gaps in the national earthquake risk reduction
strategy. The review would include an examination of the risks
and hazards posed to the United States from earthquakes, the
effectiveness of NIST and FEMA in resiliency plan adoption, the
progress made by NIST and the ICC related to NEHRP coordination
and program success, the adoption of recommendations by
governments and communities, the extent that research has led
to action, and what legislative or administrative action may be
appropriate to improve both the NEHRP and resiliency in
general. A report on the review would be required to be
completed and submitted to Congress no later than 3 years after
the date of enactment of this Act.
Section 5. Seismic standards.
This section would require NIST and FEMA to jointly convene
a committee of experts to review existing building design
features and recommend options for improving the built
environment. This section also would require a report on that
committee's findings to be completed and submitted to Congress
no later than June 30, 2020.
Section 6. Management plan for Advanced National Seismic System.
This section would require, no later than 1 year after the
date of enactment of the bill, the USGS to complete a 5-year
management plan of the ANSS. This section also would require
the plan to include strategies to continue development of an
earthquake early warning system, an approach to securing
partnerships with State and regional earthquake monitoring
entities, a plan to encourage and support the integration of
geospatial data products into earthquake monitoring systems,
and a plan to include diverse and active leadership of the
ANSS.
Section 7. Authorization of appropriations.
This section would amend section 12 of the EHRA\9\ to
include authorizations of appropriations at NIST, FEMA, the
NSF, and the USGS for FY 2018 through FY 2022.
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\9\42 U.S.C. 7706.
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Section 8. Technical corrections.
This section would make technical corrections, such as
replacing incorrect references to the ``Director'' of FEMA with
the accurate title of ``Administrator'' and simplifying
language relating to the ANSS.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
EARTHQUAKE HAZARDS REDUCTION ACT OF 1977
[42 U.S.C. 7701 et seq.]
SEC. 2. CONGRESSIONAL FINDINGS.
[42 U.S.C. 7701]
(1) All 50 States are vulnerable to the hazards of
earthquakes, and at least 39 of them are subject to
major or moderate seismic risk, including Alaska,
California, Hawaii, Illinois, Massachusetts, Missouri,
Montana, Nevada, New Jersey, New York, Oregon, South
Carolina, Tennessee, Utah, and Washington. A large
portion of the population of the United States lives in
areas vulnerable to earthquake hazards.
(2) Earthquakes have caused, and can cause in the
future, enormous loss of life, injury, destruction of
property, and economic and social disruption. With
respect to future earthquakes, such loss, destruction,
and disruption can be substantially reduced through the
development and implementation of earthquake hazards
reduction measures, including (A) improved design and
construction methods and practices, (B) land-use
controls and redevelopment, (C) [prediction techniques
and] early-warning systems, (D) coordinated emergency
preparedness plans, and (E) public education and
involvement programs
(3) An expertly staffed and adequately financed
earthquake hazards reduction program, based on Federal,
State, local, and private research, planning,
decisionmaking, and contributions would reduce the risk
of such loss, destruction, and disruption in seismic
areas by an amount far greater than the cost of such
program.
[(4) A well-funded seismological research program in
earthquake prediction could provide data adequate for
the design, of an operational system that could predict
accurately the time, place, magnitude, and physical
effects of earthquakes in selected areas of the United
States.]
(4) A well-funded seismological research program
could provide the scientific understanding needed to
fully implement an effective earthquake early warning
system.
(5) The geological study of active faults and
features can reveal how recently and how frequently
major earthquakes have occurred on those faults and how
much risk they pose. Such long-term seismic risk
assessments are needed in virtually every aspect of
earthquake hazards management, whether emergency
planning, public regulation, detailed building design,
insurance rating, or investment decision.
(6) The vulnerability of buildings, [lifelines]
lifeline infrastructure, public works, and industrial
and emergency facilities can be reduced through proper
earthquake resistant design and construction practices.
The economy and efficacy of such procedures can be
substantially increased through research and
development.
(7) Programs and practices of departments and
agencies of the United States are important to the
communities they serve; some functions, such as
emergency communications and national defense, and
[lifelines] lifeline infrastructure, such as dams,
bridges, and public works, must remain in service
during and after an earthquake. Federally owned,
operated, and influenced structures and [lifelines]
lifeline infrastructure should serve as models for how
to reduce and minimize hazards to the community.
(8) * * *
(12) The built environment has generally been
constructed and maintained to meet the needs of the
users under normal conditions. When earthquakes occur,
the built environment is generally designed to prevent
severe injuries or loss of human life and is not
expected to remain operational or able to recover under
any specified schedule.
(13) The National Research Council published a study
on reducing hazards and risks associated with
earthquakes based on the goals and objectives for
achieving national earthquake resilience described in
the strategic plan entitled ``Strategic Plan for the
National Earthquake Hazards Reduction Program''. The
study and an accompanying report called for work in 18
tasks focused on research, preparedness, and mitigation
and annual funding of approximately $300,000,000 per
year for 20 years.
SEC. 3. CONGRESSIONAL STATEMENT OF PURPOSE.
[42 U.S.C. 7702]
It is the purpose of the Congress in this Act to reduce the
risks of life and property from future earthquakes and increase
the resilience of communities in the United States through the
establishment and maintenance of an effective earthquake
hazards reduction program. The objectives of such program shall
include--
(1) the education of the public, including State and
local officials, as to earthquake phenomena, the
identification of locations and structures which are
especially susceptible to earthquake damage, ways to
reduce the adverse consequences of an earthquake to
individuals and the communities, and related matters;
(2) the development of technologically and
economically feasible design and construction methods
and procedures to make new and existing structures, in
areas of seismic risk, earthquake resistant, giving
priority to the development of such methods and
procedures for power generating plants, dams,
hospitals, schools, public utilities and other
[lifelines] lifeline infrastructure, public safety
structures, high occupancy buildings, and other
structures which are especially needed [in time of
disaster] to facilitate community-wide post-earthquake
recovery and in times of disaster;
(3) the implementation to the greatest extent
practicable, in all areas of high or moderate seismic
risk, of a system (including personnel, technology, and
procedures) [for predicting damaging earthquakes and]
for identifying, evaluating, and accurately
characterizing seismic hazards;
(4) the development, publication, and promotion, in
conjunction with State and local officials and
professional organizations, of model building and
planning codes and other means to encourage
consideration of information about seismic risk in
making decisions about land-use policy and construction
activity;
(5) the development, in areas of seismic risk, of
improved understanding of, and capability with respect
to, earthquake-related issues, including methods of
mitigating the risks from earthquakes, planning to
prevent such risks, disseminating warnings of
earthquakes, organization emergency services, and
planning for [reconstruction] re-occupancy, recovery,
reconstruction, and redevelopment after an earthquake;
(6) the development of ways to increase the use of
existing scientific and engineering knowledge to
mitigate earthquake hazards; and
(7) the development of ways to assure the
availability of affordable earthquake insurance.
SEC. 4. DEFINITIONS.
[42 U.S.C. 7703]
As used in this Act, unless the context otherwise requires:
(1) The term ``includes'' and variants thereof should
be read as if the phrase ``but is not limited to'' were
also set forth.
(2) The term ``Program'' means the National
Earthquake Hazards Reduction Program established under
section 5;
(3) The term ``seismic'' and variants thereof mean
having to do with, or caused by earthquakes.
(4) The term ``State'' means each of the States of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Mariana
Islands, and any other territory or possession of the
United States.
(5) The term ``United States'' means, when used in a
geographical sense, all of the States as defined in
section 4(4).
(6) The term ``[lifelines] lifeline infrastructure''
means public works and utilities, including
transportation facilities and infrastructure, oil and
gas pipelines, electrical power and communication
facilities and infrastructure, and water supply and
sewage treatment facilities.
(7) The term ``Program agencies'' means the Federal
Emergency Management Agency, the United States
Geological Survey, the National Science Foundation, and
the National Institute of Standards and Technology.
(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)
(10) The term ``community resilience'' means the
ability of a community to prepare and plan for, absorb,
recover from, and more successfully adapt to adverse
seismic events.
SEC. 5. NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM.
[42 U.S.C. 7704]
(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] lifeline
infrastructure 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] lifeline infrastructure;
(iii) development and maintenance of
a repository of information, including
technical data, on seismic risk,
community resilience, and hazards
reduction; and
(iv) publishing a systematic set of
maps of active faults and folds,
liquefaction susceptibility,
susceptibility for earthquake induced
landslides, and other seismically
induced hazards; and
(C) improve the understanding of earthquakes
and their effects on communities, buildings,
structures, and [lifelines] lifeline
infrastructure, through interdisciplinary
research that involves engineering, natural
sciences, and social, economic, and decisions
sciences; and
(D) [develop, operate, and maintain an
Advanced National Seismic Research and
Monitoring System established under section 13
of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7707), the George E. Brown, Jr.
Network for Earthquake Engineering Simulation
established under section 14 of that Act (42
U.S.C. 7708),] continue the development of the
Advanced National Seismic System, including
earthquake early warning capabilities and the
Global Seismographic Network.
(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] In addition
to the Director, the committee shall be
composed of [the directors of]--
(i) the Administrator of the Federal
Emergency Management Agency;
(ii) the Director of the United
States Geological Survey;
(iii) the Director of the National
Science Foundation;
(iv) the Director of the Office of
Science and Technology Policy; and
(v) the Director of the Office of
Management and Budget.
(C) Meetings.--The Committee shall meet [not
less than 3 times a year] not less frequently
than once each 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 the
National Earthquake Hazards Reduction
Program Reauthorization Act of 2004 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, in accordance
with the plans developed under clause
(i), 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.]
(D) Duties.--
(i) General duty.--The Interagency
Coordinating Committee shall oversee
the planning, management, and
coordination of the Program.
(ii) Specific duties.--The duties of
the Interagency Coordinating Committee
include the following:
(I) Developing, not later
than 6 months after the date of
the enactment of the National
Earthquake Hazards Reduction
Program Reauthorization Act of
2004 and updating
periodically--
(aa) a strategic plan
that establishes goals
and priorities for the
Program activities
described under
subsection (a)(2); and
(bb) a detailed
management plan to
implement such
strategic plan.
(II) Developing a coordinated
interagency budget for the
Program that will ensure
appropriate balance among the
Program activities described
under subsection (a)(2), and,
in accordance with the plans
developed under subclause (I),
submitting such budget to the
Director of the Office of
Management and Budget at the
time designated by the Director
for agencies to submit biennial
budgets.
(III) Developing interagency
memorandums of understanding
with any relevant Federal
agencies on data sharing and
resource commitment in the
event of an earthquake
disaster.
(IV) Coordinating with the
Administrator of the National
Aeronautics and Space
Administration and the
Administrator of the National
Oceanic and Atmospheric
Administration on data sharing
and resource allocation to
ensure judicious use of
Government resources and the
free-flowing exchange of
information related to
earthquakes.
(V) Coordinating with the
Secretary of Agriculture and
the Secretary of the Interior
on the use of public lands for
earthquake monitoring and
research stations, and related
data collection.
(VI) Coordinating with the
Secretary of Transportation and
the Secretary of Housing and
Urban Development on the
effects of earthquakes on
transportation and housing
stocks.
(iii) Assistance from secretary of
agriculture and secretary of the
interior.--To the extent practicable,
the Secretary of Agriculture and the
Secretary of the Interior shall
expedite any request for a permit to
use public land under clause (ii)(V).
(4) [Annual] biennial 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]
(A) In general.--Not less frequently than
once every two years, the Interagency
Coordinating Committee shall submit to the
Committee on Commerce, Science, and
Transportation, the Committee on Energy and
Natural Resources, and the Committee on
Homeland Security and Governmental Affairs of
the Senate and the Committee on Energy and
Commerce, the Committee on Natural Resources,
and the Committee on Homeland Security of the
House of Representatives a report on the
Program. Such report shall include--
[(A)](i) 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)] paragraph (3)(D)(i)(I);
[(B)](ii) 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)] paragraph
(3)(D)(i)(I);
[(C)](iii) 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)] under paragraph (3)(D)(i)(I);
[(D)](iv) a description of the extent to
which the Program has incorporated the
recommendations of the Advisory Committee;
[(E)](v) 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)](vi) 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)[.]; and
(vii) a statement regarding whether
the Administrator of the Federal
Emergency Management Agency has lowered
or waived the cost share requirement
for assistance provided under
subsection (b)(2)(A)(i).
(B) Support for preparation of report.--Each
head of a Program agency shall submit to the
Director of the National Institute of Standards
and Technology such information as the Director
may request for the preparation of a report
under subparagraph (A) not later than 90 days
after the date on which the Director requests
such information.\1\
---------------------------------------------------------------------------
\1\The amendments to paragraph (4) would take effect on the first
day of the first fiscal year beginning after the date of the enactment
of this Act.
---------------------------------------------------------------------------
(5) Advisory committee.--
(A) In general.--The Director shall establish
an Advisory Committee on Earthquake Hazards
Reduction of at least 11 members, none of whom
may be an employee (as defined in subparagraphs
(A) through (F) of section 7342(a)(1) of title
5, United States Code, 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
and represent all related scientific,
architectural, and engineering disciplines. 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 the National Earthquake
Hazards Reduction Program Reauthorization Act
of 2004 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 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) ensure that the Program includes the
necessary steps to promote the implementation
of earthquake hazard reduction measures by
Federal, State, and local governments, national
standards and model building code
organizations, architects and engineers, and
others with a role in planning [and
constructing] constructing, evaluating, and
retrofitting buildings and [lifelines] lifeline
infrastructure;
(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;
(C) request the assistance of Federal
agencies other than the Program agencies, as
necessary to assist in carrying out this Act;
and
(D) work with the Federal Emergency
Management Agency, the National Science
Foundation, and the United States Geological
Survey, to develop a comprehensive plan for
earthquake engineering research to provide new
and 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.
[(2) Department of homeland security; federal
emergency management agency.--
[(A) Program responsibilities.--The Under
Secretary of Homeland Security for Emergency
Preparedness and Response (the Director of the
Federal Emergency Management Agency)--
[(i) shall work closely with national
standards and model building code
organizations, in conjunction with the
National Institute of Standards and
Technology, to promote the
implementation of research results;
[(ii) shall promote better building
practices within the building design
and construction industry including
architects, engineers, contractors,
builders, and inspectors;
[(iii) shall operate a program of
grants and assistance to enable States
to develop mitigation, 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;
[(iv) shall support the
implementation of a comprehensive
earthquake education and public
awareness program, including
development of materials and their wide
dissemination to all appropriate
audiences and support public access to
locality-specific information that may
assist the public in preparing for,
mitigating against, responding to and
recovering from earthquakes and related
disasters;
[(v) shall assist the National
Institute of Standards and Technology,
other Federal agencies, and private
sector groups, in the preparation,
maintenance, and wide dissemination of
seismic resistant design guidance and
related information on building codes,
standards, and practices for new and
existing buildings, structures, and
lifelines, and aid in the development
of performance-based design guidelines
and methodologies supporting model
codes for buildings, structures, and
lifelines that are cost effective and
affordable;
[(vi) shall develop, coordinate, and
execute the National Response Plan when
required following an earthquake, and
support the development of specific
State and local plans for each high
risk area to ensure the availability of
adequate emergency medical resources,
search and rescue personnel and
equipment, and emergency broadcast
capability;
[(vii) shall develop approaches to
combine measures for earthquake hazards
reduction with measures for reduction
of other natural and technological
hazards including performance-based
design approaches;
[(viii) shall provide preparedness,
response, and mitigation
recommendations to communities after an
earthquake prediction has been made
under paragraph (3)(D); and
[(ix) may enter into cooperative
agreements or contracts with States and
local jurisdictions and other Federal
agencies to establish demonstration
projects on earthquake hazard
mitigation, to link earthquake research
and mitigation efforts with emergency
management programs, or to prepare
educational materials for national
distribution.
[(B) State assistance program criteria.--In
order to qualify for assistance under
subparagraph (A)(i), a state must--
[(i) demonstrate that the assistance
will result in enhanced seismic safety
in the State;
[(ii) provide a share of the costs of
the activities for which assistance is
being given, in accordance with
subparagraph (C); and
[(iii) meet such other requirements
as the Director of the Agency shall
prescribe.
[(C) Non-federal cost sharing.--
[(i) In the case of any State which
has received, before October 1, 1990, a
grant from the Agency for activities
under this Act which included a
requirement for cost sharing by
matching such grant, any grant obtained
from the Agency for activities under
subparagraph (A)(i) after such date
shall not include a requirement for
cost sharing in an amount greater than
50 percent of the cost of the project
for which the grant is made.
[(ii) In the case of any State which
has not received, before October 1,
1990, a grant from the Agency for
activities under this Act which
included a requirement for cost sharing
by matching such grant, any grant
obtained from the Agency for activities
under subparagraph (A)(i) after such
date--
[(I) shall not include a
requirement for cost sharing
for the first fiscal year of
such a grant;
[(II) shall not include a
requirement for cost sharing in
an amount greater than 25
percent of the cost of the
project for which the grant is
made for the second fiscal year
of such grant, and an cost
sharing requirement may be
satisfied through in-kind
contributions;
[(III) shall not include a
requirement for cost sharing in
an amount greater than 35
percent of the cost of the
project for which the grant is
made for the third fiscal year
of such grant, and any cost
sharing requirement may be
satisfied through in-kind
contributions; and
[(IV) shall not include a
requirement for cost sharing in
an amount greater than 50
percent of the cost of the
project for which the grant is
made for the fourth and
subsequent fiscal years of such
grant.]
(2) Department of homeland security; federal
emergency management agency.--
(A) Program responsibilities.--The
Administrator of the Federal Emergency
Management Agency--
(i) shall operate a program of grants
and assistance to enable States to
develop mitigation, preparedness, and
response plans, purchase necessary
instrumentation, prepare inventories
and conduct seismic safety inspections
of critical structures and lifelines,
update building, land use planning, and
zoning codes and ordinances to enhance
seismic safety, increase earthquake
awareness and education, and provide
assistance to multi-State groups for
such purposes;
(ii) shall support the implementation
of a comprehensive earthquake
education, outreach, and public
awareness program, including
development of materials and their wide
dissemination to all appropriate
audiences and support public access to
locality-specific information that may
assist the public in preparing for,
mitigating against, responding to and
recovering from earthquakes and related
disasters;
(iii) shall, in conjunction with the
Director of the National Institute of
Standards and Technology, other Federal
agencies, and private sector groups,
use research results to support the
preparation, maintenance, and wide
dissemination of seismic resistant
design guidance and related information
on building codes, standards, and
practices for new and existing
buildings, structures, and lifelines,
aid in the development of performance-
based design guidelines and
methodologies, and support model codes
that are cost effective and affordable
in order to promote better practices
within the design and construction
industry and reduce losses from
earthquakes;
(iv) shall enter into cooperative
agreements or contracts with States and
local jurisdictions and other Federal
agencies to establish demonstration
projects on earthquake hazard
mitigation, to link earthquake research
and mitigation efforts with emergency
management programs, or to prepare
educational materials for national
distribution; and
(v) shall support the Director of the
National Institute of Standards and
Technology in the completion of
programmatic goals.
(B) State assistance program criteria.--In
order to qualify for assistance under
subparagraph (A)(i), a State must--
(i) demonstrate that the assistance
will result in enhanced seismic safety
in the State;
(ii) provide 25 percent of the costs
of the activities for which assistance
is being given, except that the
Administrator may lower or waive the
cost-share requirement for these
activities for a small impoverished
community, as defined in section 203 of
the Disaster Relief Act of 1974 (42
U.S.C. 5133(a)); and
(iii) meet such other requirements as
the Administrator shall prescribe.
(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.]
forecasts. In carrying out this paragraph, the Director
of the United States Geological Survey shall report on
significant domestic and international earthquakes
and--
(A) conduct a systematic assessment of the
seismic risks in each region of the Nation
prone to earthquakes, including, where
appropriate, the establishment and operation of
intensive monitoring projects on hazardous
faults, seismic microzonation studies in urban
and other developed areas where earthquake risk
is determined to be significant, and
engineering seismology studies;
(B) work with officials of State and local
governments to ensure that they are
knowledgeable about the specific seismic risks
in their areas;
(C) develop standard procedures, in
consultation with 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]
alerts and early warnings;
[(D) issue when necessary, and notify the
[Director of the Federal] Administrator 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;]
(D) issue when necessary and feasible, and
notify the Administrator of the Federal
Emergency Management Agency, the Director of
the National Institute of Standards and
Technology, and State and local officials, an
alert and an earthquake warning;
(E) operate, [using] including the National
Earthquake Information Center, a forum for the
international exchange of earthquake
information which shall--
(i) promote the exchange of
information on earthquake research and
earthquake preparedness between the
United States and other nations;
(ii) maintain a library containing
selected reports, research papers, and
data produced through the Program;
(iii) answer requests from other
nations for information on United
States earthquake research and
earthquake preparedness programs; and
(iv) direct foreign requests to the
agency involved in the Program which is
best able to respond to the request;
(F) operate a National Seismic System;
(G) support regional seismic networks, which
shall complement the National Seismic Network;
(H) work with the National Science
Foundation, the Federal Emergency Management
Agency, and the National Institute of Standards
and Technology to develop 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.
(I) work with other Program agencies to
coordinate Program activities with similar
earthquake hazards reduction efforts in other
countries, to ensure that the Program benefits
from relevant information and advances in those
countries[; and];
(J) maintain suitable seismic hazard maps and
data in support of building codes for
structures and [lifelines] lifeline
infrastructure, including additional maps
needed for performance-based design
approaches[.]; and
(K) support the Director of the National
Institute of Standards and Technology in the
completion of programmatic goals.
(4) National science foundation.--[The National
Science Foundation]
(A) In general.--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)](i) encourage prompt dissemination of
significant findings, sharing of data, samples,
physical collections, and other supporting
materials, and development of intellectual
property so research results can be used by
appropriate organizations to mitigate
earthquake damage;
[(B)](ii) in addition to supporting
individual investigators, support university
research consortia, State agencies, State
geological surveys, and centers for research in
geosciences and in earthquake engineering;
[(C)](iii) work closely with the United
States Geological Survey to support applied
science in the production of a systematic
series of earthquake-related geologic hazard
maps, and to identify geographic regions of
national concern that should be the focus of
targeted solicitations for earthquake-related
research proposals;
[(D)](iv) support research that improves the
safety and performance of buildings,
structures, and lifeline systems using [large-
scale experimental and computational facilities
of the George E. Brown Jr. Network for
Earthquake Engineering Simulation and other
institutions engaged in research and the
implementation of the National Earthquake
Hazards Reduction Program] experimental and
computational facilities;
[(E)](v) emphasize, in earthquake engineering
research, development of economically feasible
methods to retrofit existing buildings and to
protect [lifelines] lifeline infrastructure to
mitigate earthquake damage;
[(F)](vi) support research that studies the
political, economic, and social factors that
influence the implementation of hazard
reduction measures;
[(G)](vii) 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];
[(H)](viii) 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[.]; and
[(I)](ix) support the Director of the
National Institute of Standards and Technology
in the completion of programmatic goals.
(B) Identification of funding.--The National
Science Foundation shall--
(i) to the extent practicable, note
in any notice of Program funding or
other funding possibilities under the
Program that the funds are part of the
Program;
(ii) to the extent practicable, track
the awarding of Federal funds through
the Program; and
(iii) not less frequently than once
every 2 years, submit to the director
of the Program a report specifying the
amount of Federal funds awarded to
conduct research that enhances the
understanding of earthquake science.
(5) National institute of standards and technology.--
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 c
ommunity resilience through building codes and
standards and practices for structures and [lifelines]
lifeline infrastructure. In carrying out this
paragraph, the Director of the National Institute of
Standards and Technology shall--
(A) work closely with national standards and
model building code organizations, in
conjunction with the Agency, to promote the
implementation of research results;
(B) promote better building practices among
architects and engineers;
(C) work closely with national standards
organizations to develop seismic safety
standards and practices for new and existing
[lifelines] lifeline infrastructure;
(D) support the development and commercial
application of cost effective and affordable
performance-based seismic engineering by
providing technical support for seismic
engineering practices and related building
code, standards, and practices development; and
(E) work with the National Science
Foundation, the Federal Emergency Management
Agency, and the United States Geological Survey
to develop 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.
(c) Budget Coordination.--
(1) Guidance.--The 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.
(2) Reports.--Each Program agency shall include with
its annual request for appropriations submitted to the
Office of Management and Budget a report that--
(A) identifies each element of the proposed
Program activities of the agency;
(B) specifies how each of these activities
contributes to the Program; and
(C) states the portion of its request for
appropriations allocated to each element of the
Program.
[SEC. 8. SEISMIC STANDARDS.
[42 U.S.C. 7705b]
[(a) Buildings.--
[(1) Adoption of standards.--The President shall
adopt, not later than December 1, 1994, standards for
assessing and enhancing the seismic safety of existing
buildings constructed for or leased by the Federal
Government which were designed and constructed without
adequate seismic design and construction standards.
Such standards shall be developed by the Interagency
Committee on Seismic Safety in Construction, whose
chairman is the Director of the National Institute of
Standards and Technology or his designee, and which
shall work in consultation with appropriate private
sector organizations.
[(2) Report to congress.--The President shall report
to the Congress, not later than December 1, 1994, on
how the standards adopted under paragraph (1) could be
applied with respect to buildings--
[(A) for which Federal financial assistance
has been obtained through grants, loans,
financing guarantees, or loan or mortgage
insurance programs; or
[(B) the structural safety of which is
regulated by a Federal agency.
[(3) Regulations.--The President shall ensure the
issuance, before February 1, 1993, by all Federal
agencies of final regulations required by section 4(b)
of Executive Order numbered 12699, issued January 5,
1990.
[(b) Lifelines.--The Director of the Agency, in consultation
with the Director of the National Institute of Standards and
Technology, shall submit to the Congress, not later than June
30, 1992, a plan, including precise timetables and budget
estimates, for developing and adopting, in consultation with
appropriate private sector organizations, design and
construction standards for lifelines. The plan shall include
recommendations of ways Federal regulatory authority could be
used to expedite the implementation of such standards.]
SEC. 8. SEISMIC STANDARDS.
(a) Assessment and Recommendations.--Not later than December
1, 2019, the Director of the National Institute of Standards
and Technology and the Administrator of the Federal Emergency
Management Agency shall jointly convene a committee of experts
from Federal agencies, nongovernmental organizations, private
sector entities, disaster management professional associations,
engineering professional associations, and professional
construction and homebuilding industry associations, to assess
and recommend options for improving the built environment and
critical infrastructure to reflect performance goals stated in
terms of post-earthquake reoccupancy and functional recovery
time.
(b) Report to Congress.--Not later than June 30, 2020, the
committee convened under paragraph (1) shall submit to the
Committee on Commerce, Science, and Transportation, the
Committee on Energy and Natural Resources, and the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Science, Space, and Technology, the Committee
on Natural Resources, and the Committee on Homeland Security of
the House of Representatives a report on recommended options
for improving the built environment and critical infrastructure
to reflect performance goals stated in terms of post-earthquake
reoccupancy and functional recovery time.
SEC. 9. ACCEPTANCE OF GIFTS.
[42 U.S.C. 7705c]
(a) Authority.--In furtherance of the purposes of this Act,
the Director of the Agency may accept and use bequests, gifts,
or donations of services, money, or property, notwithstanding
section 3679 of the Revised Statutes (31 U.S.C. 1342).
(b) Criteria.--The [Director of the Agency] Administrator of
the Federal Emergency Management Agency shall establish by
regulation criteria for determining whether to accept bequests,
gifts, or donations of services, money, or property. Such
criteria shall take into consideration whether the acceptance
of the bequest, gift, or donation would reflect unfavorably on
the Director's ability to carry out his responsibilities in a
fair and objective manner, or would compromise the integrity
of, or the appearance of the integrity of, the Program or any
official involved in administering the Program.
SEC. 10. POST-EARTHQUAKE INVESTIGATIONS PROGRAM.
[42 U.S.C. 7705e]
There is established within the United States Geological
Survey a post-earthquake investigations program, the purpose of
which is to investigate major earthquakes, so as to learn
lessons which can be applied to reduce the loss of lives and
property in future earthquakes. The United States Geological
Survey, in consultation with each Program agency, shall
organize investigations to study the implications of the
earthquake in the areas of responsibility of each Program
agency. The investigations shall begin as rapidly as possible
and may be conducted by grantees and contractors. The Program
agencies shall ensure that the results of investigations are
disseminated widely. The Director of the Survey is authorized
to utilize earthquake expertise from the Agency, the National
Science Foundation, the National Institute of Standards and
Technology, other Federal agencies, and private contractors, on
a reimbursable basis, in the conduct of such earthquake
investigations. At a minimum, investigations under this section
shall include--
(1) analysis by the National Science Foundation and
the United States Geological Survey of the causes of
the earthquake and the nature of the resulting ground
motion;
(2) analysis by the National Science Foundation and
the National Institute of Standards and Technology of
the behavior of structures and [lifelines] lifeline
infrastructure, both those that were damaged and those
that were undamaged; and
(3) analysis by each of the Program agencies of the
effectiveness of the earthquake hazards mitigation
programs and actions relating to its area of
responsibility under the Program, and how those
programs and actions could be strengthened.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
[42 U.S.C. 7706]
(a) General Authorization for the Program.--
(1) There are authorized to be appropriated to the
President to carry out the provisions of sections 5 and
6 of this Act (in addition to any authorizations for
similar purposes included in other Acts and the
authorizations set forth in subsections (b) and (c) of
this section), not to exceed $1,000,000 for the fiscal
year ending September 30, 1978, not to exceed
$2,000,000 for the fiscal year ending September 30,
1979, and not to exceed $2,000,000 for the fiscal year
ending September 30, 1980.
(2) There are authorized to be appropriated to the
Director to carry out the provisions of sections 5 and
6 of this Act for the fiscal year ending September 30,
1981--
(A) $1,000,000 for continuation of the
Interagency Committee on Seismic Safety in
Construction and the Building Seismic Safety
Council programs,
(B) $1,500,000 for plans and preparedness for
earthquake disasters,
(C) $500,000 for prediction response
planning,
(D) $600,000 for architectural and
engineering planning and practice programs,
(E) $1,000,000 for development and
application of a public education program,
(F) $3,000,000 for use by the National
Science Foundation in addition to the amount
authorized to be appropriated under subsection
(c), which amount includes $2,400,000 for
earthquake policy research and $600,000 for the
strong ground motion element of the siting
program, and
(G) $1,000,000 for use by the Center for
Building Technology, National Bureau of
Standards in addition to the amount authorized
to be appropriated under subsection (d) for
earthquake activities in the Center.
(3) There are authorized to be appropriated to the
Director for the fiscal year ending September 30, 1982,
$2,000,000 to carry out the provisions of sections 5
and 6 of this Act.
(4) There are authorized to be appropriated to the
Director, to carry out the provisions of sections 5 and
6 of this Act $1,281,000 for the fiscal year ending
September 30, 1983.
(5) There are authorized to be appropriated to the
Director, to carry out the provisions of sections 5 and
6 of this Act, for the fiscal year ending September 30,
1984, $3,705,000, and for the fiscal year ending
September 30, 1985, $6,096,000.
(6) There are authorized to be appropriated to the
Director, to carry out the provisions of sections 5 and
6 of this Act, for the fiscal year ending September 30,
1986, $5,596,000, and for the fiscal year ending
September 30, 1987, $5,848,000.
(7) There are authorized to be appropriated to the
Director of the Agency, to carry out this Act
$5,778,000 for the fiscal year ending September 30,
1988, $5,788,000 for the fiscal year ending September
30, 1989, $8,798,000 for the fiscal year ending
September 30, 1990, $14,750,000 for the fiscal year
ending September 30, 1991, $19,000,000 for the fiscal
year ending September 30, 1992, $22,000,000 for the
fiscal year ending September 30, 1993, $25,000,000 for
the fiscal year ending September 30, 1995, $25,750,000
for the fiscal year ending September 30, 1996,
$20,900,000 for the fiscal year ending September 30,
1998, $21,500,000 for the fiscal year ending September
30, 1999; $19,861,000 for the fiscal year ending
September 30, 2001, of which $450,000 is for National
Earthquake Hazard Reduction Program-eligible efforts of
an established multi-state consortium to reduce the
unacceptable threat of earthquake damages in the New
Madrid seismic region through efforts to enhance
preparedness, response, recovery, and mitigation;
$20,705,000 for the fiscal year ending September 30,
2002; and $21,585,000 for the fiscal year ending
September 30, 2003.
(8) There are authorized to be appropriated to the
Federal Emergency Management Agency for carrying out
this title--
(A) $21,000,000 for fiscal year 2005,
(B) $21,630,000 for fiscal year 2006,
(C) $22,280,000 for fiscal year 2007,
(D) $22,950,000 for fiscal year 2008, [and]
(E) $23,640,000 for fiscal year 2009,
(F) $8,670,000 for fiscal year 2018,
(G) $8,843,000 for fiscal year 2019,
(H) $9,020,000 for fiscal year 2020,
(I) $9,200,000 for fiscal year 2021, and
(J) $9,385,000 for fiscal year 2022,
of which not less than 10 percent of available
program funds actually appropriated shall be made
available each such fiscal year for supporting the
development of performance-based, cost-effective, and
affordable design guidelines and methodologies in codes
for buildings, structures, and [lifelines] lifeline
infrastructure.
(b) United States Geological Survey.--
(1) 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 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 paragraph, at
least--
(A) $8,000,000 of the amount authorized to be
appropriated for the fiscal year ending
September 30, 1998;
(B) $8,250,000 of the amount authorized for
the fiscal year ending September 30, 1999;
(C) $9,000,000 of the amount authorized to be
appropriated for fiscal year 2001;
(D) $9,250,000 of the amount authorized to be
appropriated for fiscal year 2002; and
(E) $9,500,000 of the amount authorized to be
appropriated for fiscal year 2003,
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.
(2) There are authorized to be appropriated to the
United States Geological Survey for carrying out this
title--
(A) $77,000,000 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] Advanced National Seismic System
established under section 13;
(B) $84,410,000 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] Advanced National Seismic System
established under section 13;
(C) $85,860,000 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] Advanced National Seismic System
established under section 13;
(D) $87,360,000 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] Advanced National Seismic System
established under section 13[; and];
(E) $88,900,000 for fiscal year 2009, of
which not less than $36,000,000 shall be made
available for completion of the [Advanced
National Seismic Research and Monitoring
System] Advanced National Seismic System
established under section 13[.];
(F) $72,420,000 for fiscal year 2018, of
which not less than $30,000,000 shall be made
available for completion of the Advanced
National Seismic System established under
section 7707 of this title;
(G) $73,868,000 for fiscal year 2019, of
which not less than $30,000,000 shall be made
available for completion of the Advanced
National Seismic System established under
section 7707 of this title;
(H) $75,345,000 for fiscal year 2020, of
which not less than $30,000,000 shall be made
available for completion of the Advanced
National Seismic System established under
section 7707 of this title;
(I) $75,853,000 for fiscal year 2021, of
which not less than $30,000,000 shall be made
available for completion of the Advanced
National Seismic System established under
section 7707 of this title; and
(J) $78,390,000 for fiscal year 2022, of
which not less than $30,000,000 shall be made
available for completion of the Advanced
National Seismic System established under
section 7707 of this title.
(c) National Science Foundation.--
(1) 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 fiscal 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.
(2) There are authorized to be appropriated to the
National Science Foundation for carrying out this
title--
(A) $38,000,000 for fiscal year 2005;
(B) $39,140,000 for fiscal year 2006;
(C) $40,310,000 for fiscal year 2007;
(D) $41,520,000 for fiscal year 2008; [and]
(E) $42,770,000 for fiscal year 2009[.];
(F) $55,080,000 for fiscal year 2018,
(G) $56,181,000 for fiscal year 2019,
(H) $57,305,000 for fiscal year 2020,
(I) $58,451,000 for fiscal year 2021, and
(J) $59,620,000 for fiscal year 2022.
(d) National Institute of Standards and Technology.--
(1) 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.
(2) There are authorized to be appropriated to the
National Institute of Standards and Technology for
carrying out this title--
(A) $10,000,000 for fiscal year 2005,
(B) $11,000,000 for fiscal year 2006,
(C) $12,100,000 for fiscal year 2007,
(D) $13,310,000 for fiscal year 2008, [and]
(E) $14,640,000 for fiscal year 2009,
(F) $5,304,000 for fiscal year 2018,
(G) $5,410,000 for fiscal year 2019,
(H) $5,518,000 for fiscal year 2020,
(I) $5,628,000 for fiscal year 2021, and
(J) $5,741,000 for fiscal year 2022,
of which $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] lifeline infrastructure.
SEC. 13. [ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING SYSTEM]
ADVANCED NATIONAL SEISMIC SYSTEM.
[42 U.S.C. 7707]
(a) Establishment.--The Director of the United States
Geological Survey shall establish and operate an [Advanced
National Seismic Research and Monitoring System] Advanced
National Seismic System. The purpose of such system shall be to
organize, modernize, standardize, and stabilize the national,
regional, and urban seismic monitoring systems in the United
States, including sensors, recorders, and data analysis
centers, into a coordinated system that will measure and record
the full range of frequencies and amplitudes exhibited by
seismic waves, in order to enhance earthquake research and
warning capabilities.
(b) Management Plan.--Not later than 90 days after the date
of the enactment of the Earthquake Hazards Reduction
Authorization Act of 2000, the Director of the United States
Geological Survey shall transmit to the Congress a 5-year
management plan for establishing and operating the [Advanced
National Seismic Research and Monitoring System] Advanced
National Seismic System. The plan shall include annual cost
estimates for both modernization and operation, milestones,
standards, and performance goals, as well as plans for securing
the participation of all existing networks in the [Advanced
National Seismic Research and Monitoring System] Advanced
National Seismic System and for establishing new, or enhancing
existing, partnerships to leverage resources.
[all]