[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3606 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 3606

 To reauthorize the Earthquake Hazards Reduction Act of 1977, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 17, 2024

 Mr. Padilla (for himself and Ms. Murkowski) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To reauthorize the Earthquake Hazards Reduction Act of 1977, 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 2024''.

SEC. 2. MODIFICATION OF FINDINGS.

    Section 2 of the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7701) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``50 States, and the Commonwealth 
                of Puerto Rico,'' and inserting ``States and Tribal 
                jurisdictions'';
                    (B) by striking ``of them'' and inserting 
                ``States''; and
                    (C) by adding at the end the following: ``Almost 
                half of the United States population resides in areas 
                that are at risk or experiencing a damaging earthquake 
                during the 50-year period beginning on the date of the 
                enactment of the National Earthquake Hazards Reduction 
                Program Reauthorization Act of 2024'';
            (2) in paragraph (2)--
                    (A) by inserting after the first sentence the 
                following: ``A 2023 report by the Federal Emergency 
                Management Agency and the United States Geological 
                Survey (FEMA P-366) estimates the annualized earthquake 
                losses to the national building stock is 
                $14,700,000,000 per year and the total economic 
                exposure to earthquake losses (buildings and contents) 
                across the nation is $107,800,000,000,000.''; and
                    (B) in the third sentence--
                            (i) by striking ``and construction'' and 
                        inserting ``, construction, evaluation, and 
                        retrofitting'';
                            (ii) by striking ``and (E)'' and inserting 
                        the following: ``(E) inventories of buildings 
                        and infrastructure with high seismic risk, 
                        especially those that are critical to community 
                        resilience, (F) programs that require or 
                        incentivize replacement or retrofit of existing 
                        buildings and infrastructure with high seismic 
                        risk, especially those that are critical to 
                        community resilience, and (G)'';
            (3) in paragraph (3), by inserting ``Tribal,'' after 
        ``local,'';
            (4) in paragraph (4), by striking ``could provide'' and all 
        that follows through the period at the end and inserting ``is 
        necessary to provide the scientific understanding needed to 
        improve and expand the earthquake early warning system.'';
            (5) in paragraph (8), by striking ``cave-ins'' and 
        inserting ``collapse'';
            (6) in paragraph (9)--
                    (A) in the first sentence, by striking ``and 
                local'' and inserting ``local, and Tribal government''; 
                and
                    (B) in the second sentence, by striking ``transfer 
                knowledge and information to'' and inserting ``exchange 
                knowledge and information between''; and
                    (C) in the third sentence, by striking 
                ``specifications, criteria'' and inserting 
                ``guidelines, codes, standards'';
            (7) in paragraph (12)--
                    (A) in the second sentence--
                            (i) by striking ``When earthquakes occur, 
                        the built environment is generally'' and 
                        inserting ``Relatively newer buildings and 
                        infrastructure have generally been'';
                            (ii) by striking ``and is'' and inserting 
                        ``when earthquakes occur, but most are''; and
                    (B) by adding at the end the following: ``In 
                addition, buildings and infrastructure built to older 
                codes and standards may pose significant risk of 
                injury, loss of life, or irreparable damage. A 2021 
                report submitted to Congress pursuant to section 8(b), 
                as amended by section 5 of the National Earthquake 
                Hazards Reduction Program Reauthorization Act of 2018 
                (Public Law 115-307), by the Federal Emergency 
                Management Agency and the National Institute of 
                Standards and Technology (FEMA P2090/NST SP-1254) 
                provides recommendations for improving post-earthquake 
                functional recovery time of the built environment to 
                support community resilience goals and many of these 
                recommendations still need to be implemented.''; and
            (8) in paragraph (13)--
                    (A) in the first sentence, by inserting ``in 2011'' 
                after ``a study'';
                    (B) in the second sentence, by inserting ``(in 2011 
                dollars)'' after ``$300,000,000''; and
                    (C) by adding at the end the following: ``The cost 
                of actual seismic retrofits to reduce known risks is 
                not included in such valuation.''.

SEC. 3. MODIFICATION OF PURPOSE.

    Section 3 of the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7702) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``and local'' and inserting ``, 
                local, and Tribal government''; and
                    (B) by striking ``locations and structures'' and 
                inserting ``buildings and infrastructure'';
            (2) in paragraph (2)--
                    (A) by striking ``and construction'' and inserting 
                ``, construction, evaluation, and retrofitting''; and
                    (B) by inserting ``housing and care facilities for 
                vulnerable populations,'' after ``occupancy 
                buildings''; and
            (3) in paragraph (4)--
                    (A) by striking ``and local'' and inserting ``, 
                local, and Tribal government''; and
                    (B) by striking ``encourage consideration of'' and 
                inserting ``incorporate''.

SEC. 4. MODIFICATION OF DEFINITIONS.

    Section 4 of the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7703) is amended--
            (1) in paragraph (3), by inserting ``, including secondary 
        effects such as earthquake-caused tsunamis''; and
            (2) by adding at the end the following:
            ``(11) The term `Tribal government' has the meaning given 
        the term `tribal government' in section in section 421 of the 
        Congressional Budget Act of 1974 (2 U.S.C. 658).
            ``(12) The term `functional recovery' means a post-
        earthquake performance state in which a building or lifeline 
        infrastructure system is maintained, or restored, to safely and 
        adequately support the basic intended functions associated with 
        the pre-earthquake use or occupancy of a building, or the pre-
        earthquake service level of a lifeline infrastructure 
        system.''.

SEC. 5. IMPROVEMENTS TO NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM.

    (a) 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 the matter before clause (i)--
                            (i) by striking ``and local'' and inserting 
                        ``, local, and Tribal''; and
                            (ii) by striking ``and constructing'' and 
                        inserting ``, designing, constructing, 
                        evaluating, and retrofitting'';
                    (B) in clause (ii), by striking ``voluntary 
                consensus codes for earthquake hazards reduction'' and 
                inserting ``consensus codes for earthquake hazards 
                reduction, including improved post-earthquake 
                functional recovery,'';
                    (C) in clause (iii), by striking ``and hazards 
                reduction; and'' and inserting ``functional recovery, 
                and other hazards reduction topics;'';
                    (D) in clause (iv)--
                            (i) by inserting ``and maintaining'' after 
                        ``publishing'';
                            (ii) by inserting ``tsunami 
                        susceptibility,'' after ``liquefaction 
                        susceptibility,''; and
                            (iii) by striking ``; and'' and inserting a 
                        semicolon; and
                    (E) by adding at the end the following:
                            ``(v) development of best practices and 
                        guidelines to create an inventory of and 
                        conduct seismic performance evaluations of 
                        buildings, structures, and lifeline 
                        infrastructure with high seismic risk, 
                        especially those that are critical to community 
                        resilience; and
                            ``(vi) the provision of technical 
                        assistance upon request by a State, local, or 
                        Tribal government regarding--
                                    ``(I) the creation of an inventory 
                                of buildings, structures, and lifeline 
                                infrastructure;
                                    ``(II) the performance of seismic 
                                performance evaluations; and
                                    ``(III) cost-effective best 
                                practices for retrofitting existing 
                                buildings, structures, and lifeline 
                                infrastructure.'';
            (2) in subparagraph (C), by striking ``; and'' and 
        inserting a semicolon;
            (3) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (4) by inserting after subparagraph (C) the following:
                    ``(D) improve the understanding of--
                            ``(i) the multiple hazards associated with 
                        earthquakes, including liquefaction, tsunamis, 
                        landslides, structural fires, and the 
                        compounding effects of climate on these 
                        hazards; and
                            ``(ii) potential mitigation measures for 
                        such hazards; and''.
    (b) Duties of Interagency Coordinating Committee on Earthquake 
Hazards Reduction.--Subsection (a)(3)(D)(ii) of such section is 
amended--
            (1) in subclause (V), by inserting ``and associated 
        secondary hazards'' before the period at the end; and
            (2) by adding at the end the following:
                                    ``(VIII) Coordinating with the 
                                Chair of the Federal Communications 
                                Commission on the timely broadcasting 
                                of emergency alerts generated by the 
                                earthquake early warning system.''.
    (c) Biennial Report.--Subsection (a)(4)(A) of such section is 
amended by striking ``under paragraph (3)(D)(i)(I)'' each place it 
appears and inserting ``under paragraph (3)(D)(ii)(I)''.
    (d) Advisory Committee.--Subsection (a)(5)(A) of such section is 
amended--
            (1) by striking ``and local government'' and inserting ``, 
        local, and Tribal governments''; and
            (2) by inserting ``social,'' after ``scientific,''.
    (e) Lead Agency for Responsibilities of Program Agencies.--
Subsection (b)(1) of such section is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``and local'' and inserting 
                ``local, and Tribal governments''; and
                    (B) by striking ``plan and constructing'' and 
                inserting ``planning, designing, constructing, 
                evaluating, and retrofitting'';
            (2) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (F) and (G), respectively; and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) improve the understanding of earthquake-
                caused fires and support the development of engineering 
                tools and construction methods that mitigate the risk 
                of fire following earthquakes;
                    ``(D) develop, in coordination with the 
                Administrator of the Federal Emergency Management 
                Agency, best practices and guidelines for a State, 
                local, or Tribal government to create an inventory of 
                buildings, structures, or lifeline infrastructure that 
                are critical to community resilience or otherwise have 
                high seismic risk;
                    ``(E) provide, in coordination with the 
                Administrator of the Federal Emergency Management 
                Agency, technical assistance to a State, local, or 
                Tribal government requesting such assistance with 
                respect to the creation of an inventory of buildings, 
                structures, or lifeline infrastructure;''.
    (f) Responsibilities of Federal Emergency Management Agency.--
Subsection (b)(2) of such section is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i)--
                            (i) by inserting ``and Tribal governments'' 
                        after ``States'';
                            (ii) by striking ``safety inspections'' and 
                        inserting ``performance evaluations''; and
                            (iii) by inserting ``and improve post-
                        earthquake functional recovery'' after 
                        ``seismic safety'';
                    (B) in clause (ii), by inserting ``, including 
                Tribal entities,'' after ``appropriate audiences'';
                    (C) in clause (iii)--
                            (i) by striking ``of seismic resistant'' 
                        and inserting ``to all appropriate audiences, 
                        including Tribal governments, of''; and
                            (ii) by inserting ``that enhance seismic 
                        safety, improve post-earthquake functional 
                        recovery, and reduce losses from earthquakes'' 
                        after ``and lifeline infrastructure'';
                    (D) in clause (iv)--
                            (i) in striking ``and local'' and inserting 
                        ``, local, and Tribal''; and
                            (ii) by striking ``; and'' and inserting a 
                        semicolon;
                    (E) by redesignating clause (v) as clause (vi); and
                    (F) by inserting after clause (iv) the following:
                            ``(v) shall provide technical assistance to 
                        State, local, or Tribal governmental entities 
                        in the creation of evacuation plans in the 
                        event of an earthquake, landslide, tsunami, or 
                        other earthquake-related hazard; and''; and
            (2) in subparagraph (B)--
                    (A) in the subparagraph heading, by inserting ``and 
                tribal'' after ``State'';
                    (B) in the matter before clause (i), by inserting 
                ``or Tribal government'' after ``State''; and
                    (C) in clause (i), by striking ``safety'' and 
                inserting ``performance, community resilience, or 
                public awareness''.
    (g) Responsibilities of United States Geological Survey.--
Subsection (b)(3) of such section is amended--
            (1) in subparagraph (B), by striking ``and local'' and 
        inserting ``, local, and Tribal'';
            (2) in subparagraph (C), by inserting ``, the Chair of the 
        Federal Communications Commission,'' after ``Agency'';
            (3) by redesignating subparagraphs (D) through (K) as 
        subparagraphs (J) through (O), respectively;
            (4) by inserting after subparagraph (C) the following:
                    ``(D) coordinate with the Administrator of the 
                National Oceanic and Atmospheric Administration and the 
                Administrator of the Federal Emergency Management 
                Agency on data sharing and resource allocation to 
                support a timely response to oceanic earthquakes and 
                tsunamis;
                    ``(E) in consultation with the Chair of the Federal 
                Communications Commission, ensure that earthquake 
                alerts and early warnings are broadcast as rapidly and 
                reliably as possible, in the predominant languages in 
                the affected region, to ensure maximum warning time for 
                nearby persons;
                    ``(F) expand the earthquake early warning system 
                within and to additional high earthquake hazard areas, 
                including making improvements as practicable to improve 
                detection and increase the time between warning 
                messages and perceptible ground motion;
                    ``(G) coordinating with affected State and Tribal 
                governments on earthquake early warning system 
                improvements;'';
            (5) in subparagraph (H), as redesignated by paragraph (3), 
        by inserting ``the Chair of the Federal Communications 
        Commission,'' after ``Agency,'';
            (6) in subparagraph (K), as redesignated by paragraph (3), 
        by striking ``; and'' and inserting a semicolon;
            (7) in subparagraph (L), as redesignated by paragraph (3), 
        by striking the period at the end and inserting a semicolon; 
        and
            (8) in subparagraph (N), as redesignated by paragraph (3), 
        by inserting ``maps of natural hazards associated with 
        earthquakes and''.
    (h) Responsibilities of National Science Foundation.--Subsection 
(b)(4)(A) of such section is amended--
            (1) in clause (iii), by inserting ``including updated 
        tsunami and liquefaction risk maps,''; and
            (2) in clause (vii), by striking ``Historically Black 
        Colleges and Universities and those serving large proportions 
        of Hispanics, Native Americans, Asian-Pacific Americans, and 
        other underrepresented populations'' and inserting 
        ``institutions described in section 371(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(a))''.

SEC. 6. SEISMIC PERFORMANCE PROPERTY STANDARDS.

    Section 947 of the Cranston-Gonzales National Affordable Housing 
Act (42 U.S.C. 7704a) is amended--
            (1) in subsection (a), by striking ``safety'' both places 
        it appears and inserting ``performance''; and
            (2) in subsection (b), by striking ``shake-related property 
        damage'' and inserting ``seismic-related property damage to 
        improve the post-earthquake functional recovery time''.

SEC. 7. SEISMIC STANDARDS.

    Section 8 of the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7705b) is amended--
            (1) in subsection (b), by striking ``under paragraph (1)'' 
        and inserting ``under subsection (a)''; and
            (2) by adding at the end the following:
    ``(c) Implementation of Recommendations.--Each Program agency, as 
part of their Program responsibilities, shall execute research, 
projects, grants, and other activities that support, promote, advance, 
or otherwise implement the recommendations in the report submitted 
pursuant to subsection (b) to improve the performance of the built 
environment in terms of post-earthquake reoccupancy and functional 
recovery time.
    ``(d) Biennial Reports.--
            ``(1) Biennial reports to interagency coordinating 
        committee.--No later than June 30, 2025, and not less 
        frequently than once every 2 years thereafter, each Program 
        agency shall submit to the Interagency Coordinating Committee a 
        report on activities and progress made to support, promote, or 
        advance the implementation of the recommendations included in 
        the report submitted pursuant to subsection (b).
            ``(2) Inclusion in biennial reports of interagency 
        coordinating committee.--The Interagency Coordinating Committee 
        shall include the information received under paragraph (1) in 
        each biennial report submitted under section 5(a)(4), including 
        consideration of a prioritized work plan to coordinate 
        activities among the Program agencies and the necessary Program 
        budget to fully implement the recommendations described in 
        paragraph (1).''.

SEC. 8. IMPROVEMENTS TO POST-EARTHQUAKE INVESTIGATIONS PROGRAM.

    Section 11 of the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7705e) is amended, in the matter before paragraph (1)--
            (1) in the first sentence, by inserting ``domestic and 
        international'' after ``investigate major''; and
            (2) in the fifth sentence, by inserting ``Federal Emergency 
        Management'' before ``Agency''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) General Authorization for Program.--Subsection (a)(8) of 
section 12 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
7706) is amended--
            (1) in subparagraph (I), by striking ``, and'' and 
        inserting a comma; and
            (2) by inserting after subparagraph (J) the following:
                    ``(K) $10,590,000 for fiscal year 2024,
                    ``(L) $10,590,000 for fiscal year 2025,
                    ``(M) $10,590,000 for fiscal year 2026,
                    ``(N) $10,590,000 for fiscal year 2027, and
                    ``(O) $10,590,000 for fiscal year 2028,''.
    (b) United States Geological Survey.--Subsection (b)(2) of such 
section is amended--
            (1) in subparagraph (I), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (J), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(K) $100,900,000 for fiscal year 2024, of which 
                not less than $36,000,000 shall be made available for 
                completion of the Advanced National Seismic System 
                established under section 13;
                    ``(L) $100,900,000 for fiscal year 2025, of which 
                not less than $36,000,000 shall be made available for 
                completion of the Advanced National Seismic System 
                established under section 13;
                    ``(M) $100,900,000 for fiscal year 2026, of which 
                not less than $36,000,000 shall be made available for 
                completion of the Advanced National Seismic System 
                established under section 13;
                    ``(N) $100,900,000 for fiscal year 2027, of which 
                not less than $36,000,000 shall be made available for 
                completion of the Advanced National Seismic System 
                established under section 13; and
                    ``(O) $100,900,000 for fiscal year 2028, of which 
                not less than $36,000,000 shall be made available for 
                completion of the Advanced National Seismic System 
                established under section 13.''.
    (c) National Science Foundation.--Subsection (c)(2) of such section 
is amended--
            (1) in subparagraph (I), by striking ``, and'' and 
        inserting a comma;
            (2) in subparagraph (J), by striking the period at the end 
        and inserting a comma; and
            (3) by adding at the end the following:
                    ``(K) $58,000,000 for fiscal year 2024,
                    ``(L) $58,000,000 for fiscal year 2025,
                    ``(M) $58,000,000 for fiscal year 2026,
                    ``(N) $58,000,000 for fiscal year 2027, and
                    ``(O) $58,000,000 for fiscal year 2028.''.
    (d) National Institute of Standards and Technology.--Subsection 
(d)(2) of such section is amended--
            (1) in subparagraph (I), by striking ``, and'' and 
        inserting a comma;
            (2) in subparagraph (J), by striking the period at the end 
        and inserting a comma; and
            (3) by inserting after subparagraph (J) the following:
                    ``(K) $5,900,000 for fiscal year 2024,
                    ``(L) $5,900,000 for fiscal year 2025,
                    ``(M) $5,900,000 for fiscal year 2026,
                    ``(N) $5,900,000 for fiscal year 2027, and
                    ``(O) $5,900,000 for fiscal year 2028,''.
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