[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1768 Referred in House (RFH)]
<DOC>
115th CONGRESS
2d Session
S. 1768
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 28, 2018
Referred to the Committee on Science, Space, and Technology, and in
addition to the Committees on Natural Resources, and Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
AN ACT
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 2018''.
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 ``, and the Commonwealth of Puerto
Rico,'' after ``States'';
(B) by inserting ``Oregon,'' after ``New York,'';
and
(C) 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:
``(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. 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
Interagency Coordinating Committee on
Windstorm Impact Reduction and other
natural hazards coordination committees
as the Director determines appropriate
to share data and best practices.
``(V) 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.
``(VI) 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.
``(VII) 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)(VI).''.
(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 clause (v), as so redesignated, by
striking ``; and'' and inserting a semicolon;
(iv) in clause (vi), as so redesignated, by
striking the period at the end and inserting
``; and'';
(v) by inserting after clause (vi), as so
redesignated, the following:
``(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).'';
(vi) in the matter preceding clause (i), as
so redesignated, 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
Science, Space, and Technology, 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
(vii) 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 lifeline
infrastructure, 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 lifeline
infrastructure, 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.''.
(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,'' after ``consortia'';
(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 ``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'' and
inserting ``experimental and computational facilities'';
(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) 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.''.
SEC. 4. REVIEW OF THE NATIONAL EARTHQUAKE HAZARD REDUCTION PROGRAM.
(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 Federal
earthquake hazard risk reduction efforts.
(b) Elements.--The review conducted under subsection (a) shall
include the following:
(1) A comprehensive assessment of--
(A) the extent to which the United States
Geological Survey has identified 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 (as defined in section 4 the
Earthquake Hazards Reduction Act of 1977 of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7703)) to coordinate effectively the budget and
activities of the Program agencies (as defined in such
section 4) in advancing the plans and goals of the
Program (as defined in such section 4) and how
coordination among the Program agencies may be
improved;
(D) the extent to which the results of research in
earthquake risk and hazards reduction supported by the
National Science Foundation during the 40 years of the
Program has been effectively disseminated to Federal,
State, local, and private sector stakeholders; 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) Recommendations to improve the Program and the
resiliency of the United States to earthquake risks.
(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 Science, Space, and Technology, 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 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. 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
geodetic and geospatial data products into earthquake
monitoring in regions experiencing large earthquakes.
(4) A plan to identify and evaluate existing data sets
available across commercial, civil, and defense entities to
determine if there are additional data sources to inform the
development and deployment of the Advanced National Seismic
System and an earthquake early warning system.
(5) A plan to ensure that there is an active,
geographically diverse, management and advisory structure for
the Advanced National Seismic System.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 12 of the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7706) is amended--
(1) in subsection (a)(8)--
(A) in subparagraph (D), by striking ``and'' at the
end; and
(B) by inserting before the language following
subparagraph (E) the following:
``(F) $8,758,000 for fiscal year 2019,
``(G) $8,758,000 for fiscal year 2020,
``(H) $8,758,000 for fiscal year 2021,
``(I) $8,758,000 for fiscal year 2022, and
``(J) $8,758,000 for fiscal year 2023,'';
(2) in subsection (b)(2)--
(A) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(F) $83,403,000 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;
``(G) $83,403,000 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;
``(H) $83,403,000 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;
``(I) $83,403,000 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; and
``(J) $83,403,000 for fiscal year 2023, 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.'';
(3) in subsection (c)(2)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(F) $54,000,000 for fiscal year 2019,
``(G) $54,000,000 for fiscal year 2020,
``(H) $54,000,000 for fiscal year 2021,
``(I) $54,000,000 for fiscal year 2022, and
``(J) $54,000,000 for fiscal year 2023.''; and
(4) in subsection (d)(2)--
(A) in subparagraph (D), by striking ``and'' at the
end; and
(B) by inserting before the language following
subparagraph (E) the following:
``(F) $5,900,000 for fiscal year 2019,
``(G) $5,900,000 for fiscal year 2020,
``(H) $5,900,000 for fiscal year 2021,
``(I) $5,900,000 for fiscal year 2022, and
``(J) $5,900,000 for fiscal year 2023.''.
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 (42 U.S.C. 7704)--
(A) in subsection (a)(3)(B), as amended by section
3(b)(1) of this Act--
(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 (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 (42 U.S.C. 7707), 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) of this
Act, is amended--
(1) in clauses (i) and (ii) of subparagraph (A), as
redesignated by such 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 so redesignated, by striking
``under (3)(A)'' and inserting ``under paragraph
(3)(D)(i)(I)''.
Passed the Senate September 27, 2018.
Attest:
JULIE E. ADAMS,
Secretary.