[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1768 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1768

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2017

 Mrs. Feinstein (for herself, Ms. Murkowski, Mr. Gardner, Mrs. Murray, 
 Mr. Wyden, Ms. Harris, Mr. Merkley, and Ms. Cantwell) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Earthquake Hazards 
Reduction Program Reauthorization Act of 2017''.

SEC. 2. MODIFICATION OF FINDINGS AND PURPOSE.

    (a) Findings.--Section 2 of the Earthquake Hazards Reduction Act of 
1977 (42 U.S.C. 7701) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``Oregon,'' after ``New York,''; 
                and
                    (B) by inserting ``Tennessee,'' after ``South 
                Carolina'';
            (2) in paragraph (2), by striking ``prediction techniques 
        and'';
            (3) by striking paragraph (4) and inserting the following:
            ``(4) A well-funded seismological research program could 
        provide the scientific understanding needed to fully implement 
        an effective earthquake early warning system.'';
            (4) in paragraphs (6) and (7), by striking ``lifelines'' 
        each place it appears and inserting ``lifeline 
        infrastructure''; and
            (5) by adding at the end the following:
            ``(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.''.
    (b) Purpose.--Section 3 of such Act (42 U.S.C. 7702) is amended--
            (1) in the matter preceding paragraph (1), in the first 
        sentence, by inserting ``and increase the resilience of 
        communities'' after ``future earthquakes'';
            (2) in paragraph (1), by inserting ``to individuals and the 
        communities'' after ``an earthquake'';
            (3) in paragraph (2), by striking ``in time of disaster'' 
        and inserting ``to facilitate community-wide post-earthquake 
        recovery and in times of disaster'';
            (4) in paragraph (3), by striking ``for predicting damaging 
        earthquakes and'';
            (5) in paragraph (4), by inserting ``and planning'' after 
        ``model building''; and
            (6) in paragraph (5), by striking ``reconstruction'' and 
        inserting ``re-occupancy, recovery, reconstruction,''.
    (c) Definitions.--
            (1) Lifeline infrastructure.--
                    (A) In general.--Section 4(6) of such Act (42 
                U.S.C. 7703(6)) is amended by striking ``lifelines'' 
                and inserting ``lifeline infrastructure''.
                    (B) Conforming amendment.--Such Act (42 U.S.C. 7701 
                et seq.) is amended by striking ``lifelines'' each 
                place it appears and inserting ``lifeline 
                infrastructure''.
            (2) Community resilience.--Section 4 of such Act (42 U.S.C. 
        7703) is amended by adding at the end the following:
            ``(3) 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. 3. MODIFICATION OF NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM.

    (a) Modification of Program Activities.--Subsection (a)(2) of 
section 5 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
7704) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (iii), by inserting ``, community 
                resilience,'' after ``seismic risk''; and
                    (B) by adding at the end the following:
                            ``(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''; and
            (2) in subparagraph (D), by striking ``develop, operate'' 
        and all that follows through ``7708),'' and inserting 
        ``continue the development of the Advanced National Seismic 
        System, including earthquake early warning capabilities''.
    (b) Amendments Relating to Interagency Coordinating Committee on 
Earthquake Hazards Reduction.--
            (1) Clarification regarding membership.--Subparagraph (B) 
        of subsection (a)(3) of such section is amended, in the matter 
        preceding clause (i), by striking ``The committee'' and 
        inserting ``In addition to the Director, the committee''.
            (2) Reduction in minimum frequency of meetings of 
        interagency coordinating committee on earthquake hazards 
        reduction.--Subparagraph (C) of such subsection is amended by 
        striking ``not less than 3 times a year'' and inserting ``not 
        less frequently than once each year''.
            (3) Expansion of duties.--Subparagraph (D) of such 
        subsection is amended to read as follows:
                    ``(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) Reduction in frequency of reporting by interagency 
        coordinating committee on earthquake hazards reduction.--
                    (A) In general.--Subsection (a)(4) of such section 
                is amended--
                            (i) in the paragraph heading, by striking 
                        ``Annual'' and inserting ``Biennial'';
                            (ii) by redesignating subparagraphs (A) 
                        through (F) as clauses (i) through (vi), 
                        respectively, and adjusting the indentation of 
                        the margin of such clauses, as so redesignated, 
                        two ems to the right;
                            (iii) in the matter preceding clause (i), 
                        as redesignated by clause (ii), by striking 
                        ``The Interagency'' and all that follows 
                        through ``Senate'' and inserting the following:
                    ``(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''; 
                and
                            (iv) by adding at the end the following:
                    ``(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.''.
                    (B) Effective date.--The amendments made by 
                subparagraph (A) shall take effect on the first day of 
                the first fiscal year beginning after the date of the 
                enactment of this Act.
    (c) Modification of Responsibilities of National Institute of 
Standards and Technology.--Subsection (b) of such section is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``and 
                constructing,'' and inserting ``constructing, 
                evaluating, and retrofitting''; and
                    (B) in subparagraph (D), by inserting ``provide new 
                and'' after ``research to''; and
            (2) in paragraph (5), in the matter preceding subparagraph 
        (A), in the first sentence, by inserting ``community resilience 
        through'' after ``improve''.
    (d) Modification of Responsibilities of Federal Emergency 
Management Agency.--Paragraph (2) of subsection (b) of such section is 
amended to read as follows:
            ``(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 in exceptional cases of economic 
                        hardship; and
                            ``(iii) meet such other requirements as the 
                        Administrator shall prescribe.''.
    (e) Modification of Responsibilities of United States Geological 
Survey.--Subsection (b)(3) of such section is amended--
            (1) in the matter preceding subparagraph (A), in the first 
        sentence--
                    (A) by inserting ``report on significant domestic 
                and international earthquakes and'' after ``Survey 
                shall''; and
                    (B) by striking ``predictions.'' and inserting 
                ``forecasts.'';
            (2) in subparagraph (C), by striking ``predictions, 
        including aftershock advisories'' and inserting ``alerts and 
        early warnings'';
            (3) by striking subparagraph (D) and inserting the 
        following:
                    ``(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;'';
            (4) in subparagraph (E), in the matter preceding clause 
        (i), by striking ``using'' and inserting ``including'';
            (5) in subparagraph (I), by striking ``; and'' and 
        inserting a semicolon;
            (6) in subparagraph (J)--
                    (A) by inserting ``and data'' after ``hazard 
                maps''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (7) by adding at the end the following:
                    ``(K) support the Director of the National 
                Institute of Standards and Technology in the completion 
                of programmatic goals.''.
    (f) Modification of Responsibilities of National Science 
Foundation.--Subsection (b)(4) of such section is amended--
            (1) in subparagraph (B), by inserting ``, State agencies, 
        State geological surveys,'';
            (2) in subparagraph (C), by inserting ``to support applied 
        science in the production of a systematic series of earthquake-
        related geologic hazard maps, and'' after ``Survey'';
            (3) in subparagraph (D), by striking ``George E. Brown Jr. 
        Network for Earthquake Engineering and Simulation'' and 
        inserting ``Natural Hazards Engineering Research 
        Infrastructure'';
            (4) in subparagraph (G), by striking ``; and'' and 
        inserting a semicolon;
            (5) in subparagraph (H), by striking the period at the end 
        and inserting ``; and'';
            (6) by adding at the end the following:
                    ``(I) support the Director of the National 
                Institute of Standards and Technology in the completion 
                of programmatic goals.'';
            (7) by redesignating subparagraphs (A) through (I) as 
        clauses (i) through (ix), respectively, and indenting such 
        clauses accordingly;
            (8) in the matter before clause (i), as redesignated by 
        paragraph (7), in the first sentence, by striking ``The 
        National Science Foundation'' and inserting the following:
                    ``(A) In general.--The National Science 
                Foundation''; and
            (9) by adding at the end the following:
                    ``(B) Identification of funding.--The National 
                Science Foundation shall--
                            ``(i) note in any notice of Program funding 
                        or other funding possibilities under the 
                        Program that the funds are part of the Program;
                            ``(ii) 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.''.

SEC. 4. REVIEW OF RISKS POSED BY EARTHQUAKES TO THE UNITED STATES.

    (a) In General.--As soon as practicable, but not later than such 
date as is necessary for the Comptroller General of the United States 
to submit the report required by subsection (c) in accordance with such 
subsection, the Comptroller General shall complete a review of risks 
posed by earthquakes to the United States.
    (b) Elements.--The review conducted under subsection (a) shall 
include the following:
            (1) A comprehensive assessment of--
                    (A) the risks and hazards to the United States 
                posed by earthquakes, including risks and hazards 
                resulting from tsunamis and landslides that are 
                generated by earthquakes;
                    (B) the efforts of the Federal Emergency Management 
                Agency and the National Institute of Standards and 
                Technology to improve the resilience of the United 
                States to earthquakes and to identify important gaps in 
                the resilience of the United States to earthquakes;
                    (C) the progress made by the National Institute of 
                Standards and Technology and the Interagency 
                Coordinating Committee to coordinate effectively the 
                budget and activities of the Program agencies (as 
                defined in section 4 of the Earthquake Hazards 
                Reduction Act of 1977 (42 U.S.C. 7703)) in advancing 
                the plans and goals of the National Earthquake Hazards 
                Reduction Program and how coordination among the 
                Program agencies can be improved;
                    (D) the extent to which the Federal Government, 
                States, local, and tribal governments, and the private 
                sector are already implementing strategies to improve 
                resilience of the United States to earthquakes; and
                    (E) the extent to which the research done during 
                the 40 years of the Program has been applied to both 
                public and private earthquake risk and hazards 
                reduction.
            (2) Identification of such legislative or administrative 
        action as may be appropriate to improve the Program and the 
        resilience of the United States to earthquakes.
    (c) Report.--As soon as practicable, but not later than 3 years 
after the date of the enactment of this Act, the Comptroller General 
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 findings of the Comptroller General with respect to the 
review completed under subsection (a).

SEC. 5. SEISMIC STANDARDS.

    Section 8 of the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7705b) is amended to read as follows:

``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 Congress 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. 6. MANAGEMENT PLAN FOR ADVANCED NATIONAL SEISMIC SYSTEM.

    (a) Plan Required.--Not later than 1 year after the date of the 
enactment of this Act, the United States Geological Survey shall submit 
to Congress a 5-year management plan for the continued operation of the 
Advanced National Seismic System.
    (b) Elements.--The plan required by subsection (a) shall include 
the following:
            (1) Strategies to continue the development of an earthquake 
        early warning system.
            (2) A mechanism for securing the participation of State and 
        regional level earthquake monitoring entities, including those 
        defunded by the Advanced National Seismic System in the last 
        five years.
            (3) A plan to encourage and support the integration of 
        geospatial data products into earthquake monitoring in regions 
        experiencing large earthquakes.
            (4) A plan to ensure that there is an active, 
        geographically diverse, management and advisory structure for 
        the Advanced National Seismic System.

SEC. 7. REPEAL OF EXPIRED AUTHORIZATIONS.

    Section 12 of the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7706) is hereby repealed.

SEC. 8. TECHNICAL CORRECTIONS.

    (a) Correction of Title of Administrator of the Federal Emergency 
Management Agency.--The Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7701 et seq.) is amended--
            (1) in section 5 of the Earthquake Hazards Reduction Act of 
        1977 (42 U.S.C. 7704)--
                    (A) in subsection (a)(3)(B), as amended by section 
                3(b)(1)--
                            (i) in the matter preceding clause (i), by 
                        striking ``the directors of'';
                            (ii) in clause (i), by inserting ``the 
                        Administrator of'' before ``the''; and
                            (iii) in clauses (ii) through (v), by 
                        inserting ``the Director of'' before ``the'' 
                        each place it appears; and
                    (B) in subsection (b)(3)(C), as amended by section 
                3(e), by striking ``Director of the Federal'' and 
                inserting ``Administrator of the Federal''; and
            (2) in section 9 of such Act (42 U.S.C. 7705c), by striking 
        ``Director of the Agency'' and inserting ``Administrator of the 
        Federal Emergency Management Agency'' each place it appears.
    (b) References to the Advanced National Seismic System.--Such Act 
is amended--
            (1) in section 13, in the section heading, by striking 
        ``advanced national seismic research and monitoring system'' 
        and inserting ``advanced national seismic system''; and
            (2) by striking ``Advanced National Seismic Research and 
        Monitoring System'' each place it appears and inserting 
        ``Advanced National Seismic System''.
    (c) Incorrect Cross-References.--Paragraph (4) of section 5(a) of 
such Act (42 U.S.C. 7704(a)), as amended by section 3(b)(4)(A), is 
amended--
            (1) in clauses (i) and (ii) of subparagraph (A), as 
        redesignated by section 3(b)(4)(A), by striking ``subparagraph 
        (3)(A)'' both places it appears and inserting ``paragraph 
        (3)(D)(i)(I)''; and
            (2) in clause (iii), as redesignated, by striking ``under 
        (3)(A)'' and inserting ``under paragraph (3)(D)(i)(I)''.
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