[Congressional Record Volume 164, Number 160 (Thursday, September 27, 2018)]
[Senate]
[Pages S6361-S6363]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4025. Mr. PERDUE (for Mrs. Feinstein) proposed an amendment to the
bill S. 1768, to reauthorize and amend the National Earthquake Hazards
Reduction Program, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
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.
[[Page S6362]]
``(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
[[Page S6363]]
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)''.
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