[House Report 115-30]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-30
======================================================================
PACIFIC NORTHWEST EARTHQUAKE PREPAREDNESS ACT OF 2017
_______
March 9, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 654]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 654) to direct the Administrator of
the Federal Emergency Management Agency to carry out a plan for
the purchase and installation of an earthquake early warning
system for the Cascadia Subduction Zone, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
Purpose of Legislation........................................... 4
Background and Need for Legislation.............................. 4
Hearings......................................................... 7
Legislative History and Consideration............................ 8
Committee Votes.................................................. 8
Committee Oversight Findings..................................... 8
New Budget Authority and Tax Expenditures........................ 8
Congressional Budget Office Cost Estimate........................ 8
Performance Goals and Objectives................................. 9
Advisory of Earmarks............................................. 10
Duplication of Federal Programs.................................. 10
Disclosure of Directed Rule Makings.............................. 10
Federal Mandate Statement........................................ 10
Preemption Clarification......................................... 10
Advisory Committee Statement..................................... 10
Applicability of Legislative Branch.............................. 10
Section-by-Section Analysis of Legislation....................... 11
Changes in Existing Law Made by the Bill, as Reported............ 11
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; DEFINITION.
(a) Short Title.--This Act may be cited as the ``Pacific Northwest
Earthquake Preparedness Act of 2017''.
(b) Cascadia Subduction Zone Defined.--In this Act, the term
``Cascadia Subduction Zone'' means the landward-dipping fault that is
approximately 684 miles long, separates the Juan de Fuca and North
America plates, and stretches along a portion of the western coast of
the United States beginning off Cape Mendocino, California, along the
State of Oregon, the State of Washington, to Northern Vancouver Island,
British Columbia.
SEC. 2. EARTHQUAKE EARLY WARNING SYSTEM FOR CASCADIA SUBDUCTION ZONE.
(a) Plan for Purchase and Installation.--
(1) Development and funding.--The Administrator of the
Federal Emergency Management Agency shall--
(A) develop a plan for the purchase and installation
of an earthquake early warning system for the Cascadia
Subduction Zone; and
(B) identify the funds necessary for implementation
of the plan.
(2) Submission to congress.--Not later than 90 days after the
date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a copy of the plan.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report that summarizes the actions
taken to implement the plan.
(c) Definitions.--In this section, the following definitions apply:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(2) Earthquake early warning system.--The term ``earthquake
early warning system'' includes--
(A) improvements to regional and geodetic networks
that support building a capability for an earthquake
early warning system; and
(B) seismometers, Global Positioning System
receivers, and associated infrastructure.
SEC. 3. EARTHQUAKE AND TSUNAMI TASK FORCE.
(a) In General.--The President shall establish an Earthquake and
Tsunami Task Force for the purpose of developing a comprehensive
strategy and recommendations on how the Nation should prepare and plan
for, mitigate against, respond to, recover from, and more successfully
adapt to a covered event in the Cascadia Subduction Zone.
(b) Task Force.--
(1) Membership.--The membership of the Task Force shall
include a cross section of subject matter experts representing
the following:
(A) Relevant Federal agencies.
(B) The States of Oregon, Washington, and California.
(C) Indian tribes, local governments, and private
sector representatives that may be impacted by a
covered event in the Cascadia Subduction Zone.
(D) Universities, academia, and research institutions
with expertise in topics relevant to the work of the
Task Force.
(2) Chairperson.--The Administrator (or the Administrator's
designee) shall serve as the chairperson of the Task Force.
(3) Detailed employees.--Members of the Task Force may detail
employees to assist the Administrator (or the Administrator's
designee) in fulfilling the responsibilities of the Task Force.
(c) Comprehensive Strategy.--
(1) Strategy.--The comprehensive strategy to be developed
under subsection (a) shall include the following:
(A) A description of how Federal agencies will
coordinate to develop the ability to prepare and plan
for, mitigate against, respond to, recover from, and
more successfully adapt to the impacts of a covered
event in the Cascadia Subduction Zone.
(B) A strategy to ensure collaboration between the
Department of Transportation, the Department of Energy,
the Coast Guard, the Corps of Engineers, and other
Federal agencies, as appropriate, for purposes of--
(i) completing a needs assessment of Federal
facilities in need of hardening for a covered
event; and
(ii) developing a strategic plan to mitigate
and retrofit Federal, State, tribal, and local
critical assets for freight, energy, and
transit purposes to withstand a covered event
and to help save lives during and immediately
after a covered event.
(C) A strategy--
(i) to assist State, tribal, and local
governments in developing and implementing a
coordinated and comprehensive plan to
prioritize Federal, State, tribal, local, and
private investments and activities to develop
the ability to prepare and plan for, mitigate
against, respond to, recover from, and more
successfully adapt to the impacts of a covered
event in the Cascadia Subduction Zone; and
(ii) to link any existing statewide
mitigation plan with such a coordinated and
comprehensive plan.
(D) With respect to the strategy described in
subparagraph (C), an examination of the feasibility of
the public sector, the private sector, and individuals
to acquire earthquake insurance.
(E) An identification of funding opportunities to
implement the comprehensive strategy and any
recommendations made by the Task Force, including--
(i) existing funding opportunities across
Federal agencies and other sources; and
(ii) potential new funding opportunities.
(F) An identification of barriers to obtaining
funding for the implementation of the comprehensive
strategy and recommendations on how to remove the
barriers.
(G) A strategy for appropriate Federal agencies to
collaborate with and assist State, tribal, and local
governments in developing recommendations for cost-
effective mitigation alternatives for aging State,
tribal, and locally owned critical infrastructure.
(H) A strategy for assisting State, tribal, and local
governments in developing a recovery plan prior to a
covered event in the Cascadia Subduction Zone that
addresses how State, tribal, and local governments may
want to rebuild after the event.
(I) An identification of the steps taken to date to
develop an onshore and offshore earthquake early
warning system and a description of the purpose and
scope of such a system.
(J) An evaluation of the types of offshore earthquake
early warning systems and recommendations and a cost
estimate for an earthquake early warning system
appropriate for the Cascadia Subduction Zone.
(K) Recommendations on how an earthquake early
warning system should operate, including whether and
how the system should interface with the private
sector.
(L) A description of appropriate roles and
responsibilities for Federal, State, local, and tribal
governments, including who should operate and maintain
an earthquake early warning system, the cost of the
system, and possible funding sources for the system.
(M) A plan on how to integrate an earthquake early
warning system into existing and new public alert
warning systems and technologies, including mobile
systems.
(2) Use of existing plans.--In developing the comprehensive
strategy, the Task Force may use existing plans, studies, and
other resources.
(d) Recommendations.--The recommendations to be developed by the Task
Force under subsection (a) shall include recommendations on--
(1) potential administrative or legislative changes required
to implement the comprehensive strategy;
(2) the funding required to implement the comprehensive
strategy and the recommendations; and
(3) the order of priority for implementation of the
comprehensive strategy.
(e) National Academies.--
(1) Collaboration.--The Task Force shall work simultaneously
and collaboratively with the National Academies.
(2) Agreement.--The Task Force shall enter into an agreement
with the National Academies under which the National Academies
shall develop recommendations for a Federal research strategy
to advance scientific understanding of a Cascadia Subduction
Zone earthquake and resulting tsunami preparedness, including
the following:
(A) Geologic conditions, ground motions, and tsunami
hazards.
(B) Implications of an effective automated early
warning system.
(C) Effects of mega-earthquake and tsunami events on
the built and natural environment.
(D) Social and behavioral factors for effective
disaster preparedness and response.
(E) Cost-effective mitigation alternatives for legacy
and aging infrastructure.
(F) Strategic planning for freight, energy, and
transit network robustness.
(G) Tools that help communities invest their
resources for the greatest benefit.
(H) Any other topics identified as necessary by the
Task Force or the National Academies.
(f) Report.--Not later than 18 months after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report of the Task Force that includes the following:
(1) The comprehensive strategy to be developed under
subsection (a).
(2) The recommendations to be developed under subsections
(a), (d), and (e).
(g) Definitions.--In this section, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Covered event.--The term ``covered event'' means an
earthquake, tsunami, or combined earthquake and tsunami event.
(3) Task force.--The term ``Task Force'' means the Federal
interagency task force to be established under subsection (a).
SEC. 4. NATIONAL PREPARATION AND RESPONSE EFFORTS RELATING TO
EARTHQUAKES AND TSUNAMIS.
The Administrator of the Federal Emergency Management Agency shall be
responsible for the Nation's efforts to reduce the loss of life and
property, and to protect the Nation, from an earthquake, tsunami, or
combined earthquake and tsunami event by developing the ability to
prepare and plan for, mitigate against, respond to, recover from, and
more successfully adapt to such an event.
SEC. 5. ADDITIONAL HAZARD MITIGATION ACTIVITIES.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the
following:
``(f) Use of Assistance.--Recipients of hazard mitigation assistance
provided under this section and section 203 may use the assistance to
conduct activities to help reduce the risk of future damage, hardship,
loss, or suffering in any area affected by earthquake hazards,
including--
``(1) improvements to regional seismic networks in support of
building a capability for earthquake early warning;
``(2) improvements to geodetic networks in support of
building a capability for earthquake early warning; and
``(3) improvements to seismometers, Global Positioning System
receivers, and associated infrastructure in support of building
a capability for earthquake early warning.''.
Purpose of Legislation
H.R. 654, as amended, would direct the Administrator of the
Federal Emergency Management Agency (FEMA) to carry out a plan
for the purchase and installation of an earthquake early
warning system for the Cascadia Subduction Zone (CSZ).
Background and Need for Legislation
FEMA's role in earthquake preparedness, mitigation, response, and
recovery
FEMA was established in 1979 as the centralized location
for federal disaster assistance and coordination of the federal
government's disaster activities. FEMA is the federal
government's lead agency for preparing for, mitigating,
responding to, and recovering from disasters and emergencies
related to all hazards, whether natural or man-made. The Post
Katrina Emergency Management Reform Act (P.L. 109-295) requires
FEMA to perform national level exercises to test and evaluate
federal, state, local, and tribal governments' ability to
respond and recover in a coordinated and unified manner to
catastrophic incidents.
In the last four years, FEMA has organized several
exercises focused on earthquake hazards. In 2016, FEMA along
with other federal agencies, state, tribal, and local partners,
and private sector participants conducted a preparedness
exercise called Cascadia Rising. This exercise was based on a
large earthquake on the CSZ and a resulting tsunami. One goal
of this exercise was to train and test the effective
coordination and integration of governments at all levels plus
the private sector to ensure successful life-saving and life-
sustaining response operations in the aftermath of a CSZ
disaster.
National Earthquake Hazards Reduction Program
The federal government has supported efforts to assess and
monitor earthquake hazards and risk in the United States under
the National Earthquake Hazards Reduction Program (NEHRP) since
1977. The four federal agencies that have responsibility for
long-term earthquake risk reduction are FEMA, the U.S.
Geological Survey, the National Science Foundation, and the
National Institute of Standards and Technology. These agencies
coordinate their activities to assess U.S. earthquake hazards
and conduct research to help reduce overall U.S. vulnerability
to earthquakes.
FEMA is responsible for translating research and lessons
learned from earthquakes into guidance, training, support for
states and multistate consortia, and other program
implementation activities. FEMA works with national model codes
and standards groups; promotes better building code practices;
assists states in developing mitigation, preparedness, and
response plans; aids in the development of multistate groups;
and supports comprehensive earthquake education and awareness.
FEMA also develops and disseminates earthquakeresistant design
guidance for new and existing buildings and lifelines and aids
in the development of performancebased design guidelines and
methods. FEMA applies earthquake hazards reduction measures,
where applicable, to other natural and manmade hazards;
provides preparedness, response, and mitigation recommendations
to communities; and establishes demonstration projects on
earthquake hazard mitigation to link earthquake research and
mitigation with emergency management programs.
Pacific Northwest seismic hazards
Every state has the potential for earthquakes, and the U.S.
Geological Survey estimates that ``42 of the 50 states have a
reasonable chance of experiencing damaging ground shaking from
an earthquake in 50 years (the typical lifetime of a
building).'' Petersen, M.D., et al., 2014, Documentation for
the 2014 update of the United States national seismic hazard
maps: U.S. Geological Survey Open-File Report 2014-1091, 243
p., https://dx.doi.org/10.3133/ofr20141091. Earthquakes also
pose a national challenge because 75 million Americans live in
areas of significant seismic risk. Unlike hurricanes, tornados,
and other storms, earthquakes strike without warning and may
trigger devastating secondary effects, such as landslides,
fires, tsunamis, and nuclear meltdowns. The damage wrought by
earthquakes can have a significant impact on people,
infrastructure, and the economy.
Oregon, Washington, and northern California are at
particular risk of an earthquake on the CSZ. Recent subduction
zone earthquakes around the world underscore the catastrophic
impacts the Pacific Northwest and the Nation will face when the
next CSZ earthquake and tsunami occurs. Earthquakes on similar
subduction zones include the 2004 magnitude 9.1 Indonesia
earthquake and resulting tsunami that caused 228,000
fatalities; the 2010 magnitude 8.8 Chile earthquake that caused
500 fatalities; and the 2011 Japan earthquake and resulting
tsunami that caused 18,000 fatalities.
States in the Pacific Northwest are partnering with the
federal government to increase preparedness for the next
earthquake with the goal of reducing earthquake losses,
damages, and overall disaster losses. However, much more work
is needed to establish an earthquake early warning system and
to encourage smart building and mitigation measures that will
ultimately drive down the costs of these disasters.
Scientists have recently discovered new faults and continue
to apply new data, raising earthquake hazard estimates for
several areas in California and increasing the likelihood of a
magnitude 9.3 earthquake along the CSZ.
January 26, 2017, marked the 317th anniversary of the last
great earthquake along the CSZ. The earthquake, which took
place in 1700, is estimated to have been around 9.0 in
magnitude. For years, scientists have warned residents in the
Pacific Northwest that the area is due for another massive
earthquake. An event of this magnitude has historically
occurred approximately every 300 years.
Earthquake warning system
Today, the technology exists to detect earthquakes so
quickly that an alert can reach some areas before strong
shaking arrives. Since 2006, earthquake experts with the U.S.
Geological Survey and a coalition of university partners,
including the California Institute of Technology and the
University of California at Berkeley, have been developing an
onshore earthquake early warning system for the West Coast.
Using a network of sensors across the state, the system, called
ShakeAlert, began sending notifications of quakes in 2012 to a
selected group of test users including California emergency
management agencies, transit agencies, utilities, and private
companies. An earthquake warning system began testing in the
Pacific Northwest earlier this year.
The purpose of an earthquake early warning system is to
identify and characterize an earthquake a few seconds after it
begins, calculate the likely intensity of ground shaking that
will result, and deliver warnings to people and infrastructure
in harm's way. Studies of earthquake early warning methods in
California have shown that the warning time could range from a
few seconds to a few tens of seconds, depending on the distance
to the epicenter of the earthquake.
For very large events like those expected on the San
Andreas fault or the CSZ, the warning time could be much longer
because the affected area is much larger. ShakeAlert can give
enough time to slow and stop trains and taxiing planes, to
prevent cars from entering bridges and tunnels, to move away
from dangerous machines or chemicals in work environments, and
to take cover under a desk, or to automatically shut down and
isolate industrial systems. Very little work, however, has been
done to implement an off-shore earthquake early warning system.
Taking these actions before shaking starts can
significantly reduce damage and casualties during an
earthquake. It can also prevent cascading failures in the
aftermath of an event. For example, isolating utilities before
shaking starts can reduce the number of fires after the
earthquake.
Pacific Northwest Earthquake Preparedness Act of 2017
H.R. 654, as amended, directs FEMA to identify funding to
purchase and install an earthquake early warning system. It
also directs the President to establish an Earthquake and
Tsunami Task Force that will develop a strategy to protect and
prepare for major earthquakes and tsunamis on the CSZ. H.R.
654, as amended, also clarifies that activities to help reduce
the risk of future damage, hardship, loss, or suffering in an
area affected by earthquake hazards are eligible for hazard
mitigation grant program assistance from FEMA.
The Committee urges FEMA to encourage states at high risk
from earthquake hazards to allocate hazard mitigation
assistance to communities to conduct activities to reduce
potential earthquake damage and loss. The Committee also
expects that FEMA will continue to share with the Committee the
lessons learned and after-action reports from the earthquake
and tsunami related exercises.
Hearings
The Subcommittee on Economic Development, Public Buildings,
and Emergency Management, held the following hearings and
roundtable discussions on subjects related to matters contained
in H.R. 654, as amended, during the 114th Congress:
``Rebuilding after the Storm: Lessening Impacts and
Speeding Recovery'' held on January 27, 2015. The purpose of
the hearing was to launch an assessment of the rising costs of
disasters, the cost effectiveness of disaster assistance,
strategies to reduce disaster losses, and the appropriate roles
of government and the private sector, and to consider reforms
to save lives through improved alerts and warning systems and
search and rescue.
``Pacific Northwest Seismic Hazards: Planning and Preparing
for the Next Disaster'' held on May 19, 2015. The purpose of
the hearing was to assess the FEMA's role in earthquake hazard
preparedness, mitigation, response, and recovery, and to
examine the efforts of the Pacific Northwest and seismic hazard
experts to reduce disaster impacts and build stronger
communities.
``Earthquake Early Warning in the Pacific Northwest:
Preparing for the Big One'' held on September 22, 2015. The
purpose of the roundtable was to convene federal, state and
local officials and academics to discuss earthquake resiliency
programs and efforts, the Shake Alert earthquake early warning
system, and next steps for developing an offshore earthquake
early warning system.
Legislative History and Consideration
On January 24, 2017, Committee on Transportation and
Infrastructure Ranking Member Representative Peter DeFazio (D-
OR) introduced H.R. 654, a bill to direct the Administrator of
the FEMA to carry out a plan for the purchase and installation
of an earthquake early warning system for the CSZ.
On February 28, 2017, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 654. The
Committee considered and adopted one amendment by voice vote--
an amendment offered by Ranking Member DeFazio. The Committee
ordered the bill, as amended, reported favorably to the House
by voice vote with a quorum present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R. 654, as amended, or ordering the
measure reported. A motion to order H.R. 654, as amended,
reported favorably to the House was agreed to by voice vote
with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 654, as amended,
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 8, 2017.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 654, the Pacific
Northwest Earthquake Preparedness Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall.
Enclosure.
H.R. 654--Pacific Northwest Earthquake Preparedness Act of 2017
H.R. 654 would direct the Federal Emergency Management
Agency (FEMA) to develop a plan to purchase and install an
early warning system for earthquakes in the Cascadia Subduction
Zone (a fault line that spans parts of California and all of
Oregon and Washington State). FEMA would be required to submit
this plan to the Congress as well as an additional report
summarizing the plans implementation within one year of the
bills enactment. The bill would not require FEMA to implement
the plan nor would it authorize the appropriation of funds to
do so. H.R. 654 also would direct the President to establish an
earthquake and tsunami task force, for which the FEMA
Administrator would be the chair, to develop and submit to the
Congress a strategy and recommendations for preparing for,
mitigating against, responding to, and recovering from an
earthquake or tsunami in the Cascadia Subduction Zone. The task
force would include individuals from the federal government,
the Oregon, Washington, and California state governments, local
governments, and private institutions.
Based on an analysis of information provided by FEMA, CBO
estimates that preparing a plan for the development of an early
warning system and for participating on a task force would cost
less than $500,000 annually over the 2018-2022 period.
Finally, the bill would stipulate that recipients of FEMA
Hazard Mitigation Assistance (HMA) and Pre-disaster Mitigation
Assistance (PMA) could use the assistance to reduce the risk of
damage from earthquakes. Because this assistance is currently
provided to areas affected by earthquakes, CBO estimates that
implementing this subsection would have no effect on the
federal budget.
Enacting the legislation would not affect direct spending
and revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting the legislation would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 654 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Robert Reese.
The estimate was approved by Theresa Gullo, Assistant Director
for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation, as amended,
is to direct the Administrator of the FEMA to develop a plan
for the purchase and installation of an earthquake early
warning system for the CSZ.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill, as amended, includes an earmark, limited
tax benefit, or limited tariff benefit under clause 9(e), 9(f),
or 9(g) of rule XXI.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 654, as amended, establishes or reauthorizes a program
of the federal government known to be duplicative of another
federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rule Makings
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
the Committee finds that enacting H.R. 654, as amended, does
not direct the completion of a specific rule making within the
meaning of section 551 of title 5, United States Code.
Federal Mandate Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 654, as amended,
does not preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability of Legislative Branch
The Committee finds that the legislation, as amended, does
not relate to the terms and conditions of employment or access
to public services or accommodations within the meaning of
section 102(b)(3) of the Congressional Accountability Act
(Public Law 104-1).
Section-by-Section Analysis of Legislation
Section 1: Short title; Definition
Section 1 designates the short title as the ``Pacific
Northwest Earthquake Preparedness Act of 2017'' and defines the
Cascadia Subduction Zone.
Section 2: Earthquake early warning system for cascadia subduction zone
This section directs the Administrator of FEMA to develop
and submit to Congress a plan for the purchase and installation
of an earthquake early warning system for the CSZ and to
identify the funds necessary for implementation of the plan.
Section 3: Earthquake and Tsunami Task Force
This section directs the President to establish an
Earthquake and Tsunami Task Force charged with developing a
comprehensive strategy and recommendations on how the Nation
should prepare and plan for, mitigate against, respond to,
recover from, and more successfully adapt to a CSZ event.
Section 4: National preparation and response efforts relating to
earthquakes and tsunamis
This section states that the Administrator of FEMA is
responsible for the Nation's efforts to reduce the loss of life
and property, and to protect the Nation, from an earthquake,
tsunami, or combined event.
Section 5: Additional hazard mitigation activities
This section amends the Stafford Act to articulate eligible
uses of mitigation assistance to include activities that help
reduce the risk of future damage, hardship, loss, or suffering
in an area affected by earthquake hazards.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
* * * * * * *
TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS
* * * * * * *
SEC. 404. HAZARD MITIGATION.
(a) In General.--The President may contribute up to 75
percent of the cost of hazard mitigation measures which the
President has determined are cost-effective and which
substantially reduce the risk of future damage, hardship, loss,
or suffering in any area affected by a major disaster. Such
measures shall be identified following the evaluation of
natural hazards under section 322 and shall be subject to
approval by the President. Subject to section 322, the total of
contributions under this section for a major disaster shall not
exceed 15 percent for amounts not more than $2,000,000,000, 10
percent for amounts of more than $2,000,000,000 and not more
than $10,000,000,000, and 7.5 percent on amounts of more than
$10,000,000,000 and not more than $35,333,000,000 of the
estimated aggregate amount of grants to be made (less any
associated administrative costs) under this Act with respect to
the major disaster.
(b) Property Acquisition and Relocation Assistance.--
(1) General authority.--In providing hazard
mitigation assistance under this section in connection
with flooding, the Administrator of the Federal
Emergency Management Agency may provide property
acquisition and relocation assistance for projects that
meet the requirements of paragraph (2).
(2) Terms and conditions.--An acquisition or
relocation project shall be eligible to receive
assistance pursuant to paragraph (1) only if--
(A) the applicant for the assistance is
otherwise eligible to receive assistance under
the hazard mitigation grant program established
under subsection (a); and
(B) on or after the date of enactment of this
subsection, the applicant for the assistance
enters into an agreement with the Administrator
that provides assurances that--
(i) any property acquired, accepted,
or from which a structure will be
removed pursuant to the project will be
dedicated and maintained in perpetuity
for a use that is compatible with open
space, recreational, or wetlands
management practices;
(ii) no new structure will be erected
on property acquired, accepted or from
which a structure was removed under the
acquisition or relocation program other
than--
(I) a public facility that is
open on all sides and
functionally related to a
designated open space;
(II) a rest room; or
(III) a structure that the
Administrator approves in
writing before the commencement
of the construction of the
structure; and
(iii) after receipt of the
assistance, with respect to any
property acquired, accepted or from
which a structure was removed under the
acquisition or relocation program--
(I) no subsequent application
for additional disaster
assistance for any purpose will
be made by the recipient to any
Federal entity; and
(II) no assistance referred
to in subclause (I) will be
provided to the applicant by
any Federal source.
(3) Statutory construction.--Nothing in this
subsection is intended to alter or otherwise affect an
agreement for an acquisition or relocation project
carried out pursuant to this section that was in effect
on the day before the date of enactment of this
subsection.
(c) Program Administration by States.--
(1) In general.--A State desiring to administer the
hazard mitigation grant program established by this
section with respect to hazard mitigation assistance in
the State may submit to the President an application
for the delegation of the authority to administer the
program.
(2) Criteria.--The President, in consultation and
coordination with States and local governments, shall
establish criteria for the approval of applications
submitted under paragraph (1). Until such time as the
Administrator promulgates regulations to implement this
paragraph, the Administrator may waive notice and
comment rulemaking, if the Administrator determines
doing so is necessary to expeditiously implement this
section, and may carry out this section as a pilot
program. The criteria shall include, at a minimum--
(A) the demonstrated ability of the State to
manage the grant program under this section;
(B) there being in effect an approved
mitigation plan under section 322; and
(C) a demonstrated commitment to mitigation
activities.
(3) Approval.--The President shall approve an
application submitted under paragraph (1) that meets
the criteria established under paragraph (2).
(4) Withdrawal of approval.--If, after approving an
application of a State submitted under paragraph (1),
the President determines that the State is not
administering the hazard mitigation grant program
established by this section in a manner satisfactory to
the President, the President shall withdraw the
approval.
(5) Audits.--The President shall provide for periodic
audits of the hazard mitigation grant programs
administered by States under this subsection.
(d) Streamlined Procedures.--
(1) In general.--For the purpose of providing
assistance under this section, the President shall
ensure that--
(A) adequate resources are devoted to ensure
that applicable environmental reviews under the
National Environmental Policy Act of 1969 and
historic preservation reviews under the
National Historic Preservation Act are
completed on an expeditious basis; and
(B) the shortest existing applicable process
under the National Environmental Policy Act of
1969 and the National Historic Preservation Act
is utilized.
(2) Authority for other expedited procedures.--The
President may utilize expedited procedures in addition
to those required under paragraph (1) for the purpose
of providing assistance under this section, such as
procedures under the Prototype Programmatic Agreement
of the Federal Emergency Management Agency, for the
consideration of multiple structures as a group and for
an analysis of the cost-effectiveness and fulfillment
of cost-share requirements for proposed hazard
mitigation measures.
(e) Advance Assistance.--The President may provide not more
than 25 percent of the amount of the estimated cost of hazard
mitigation measures to a State grantee eligible for a grant
under this section before eligible costs are incurred.
(f) Use of Assistance.--Recipients of hazard mitigation
assistance provided under this section and section 203 may use
the assistance to conduct activities to help reduce the risk of
future damage, hardship, loss, or suffering in any area
affected by earthquake hazards, including--
(1) improvements to regional seismic networks in
support of building a capability for earthquake early
warning;
(2) improvements to geodetic networks in support of
building a capability for earthquake early warning; and
(3) improvements to seismometers, Global Positioning
System receivers, and associated infrastructure in
support of building a capability for earthquake early
warning.
* * * * * * *
[all]