[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3606 Reported in Senate (RS)]
<DOC>
Calendar No. 523
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, Ms. Murkowski, Mr. Wyden, Mr. Merkley, and
Mr. Tester) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
September 24, 2024
Reported by Ms. Cantwell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``National Earthquake Hazards
Reduction Program Reauthorization Act of 2024''.</DELETED>
<DELETED>SEC. 2. MODIFICATION OF FINDINGS.</DELETED>
<DELETED> Section 2 of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7701) is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) by striking ``50 States, and the
Commonwealth of Puerto Rico,'' and inserting ``States
and Tribal jurisdictions'';</DELETED>
<DELETED> (B) by striking ``of them'' and inserting
``States''; and</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (2) in paragraph (2)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) in the third sentence--</DELETED>
<DELETED> (i) by striking ``and
construction'' and inserting ``, construction,
evaluation, and retrofitting'';</DELETED>
<DELETED> (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)'';</DELETED>
<DELETED> (3) in paragraph (3), by inserting ``Tribal,''
after ``local,'';</DELETED>
<DELETED> (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.'';</DELETED>
<DELETED> (5) in paragraph (8), by striking ``cave-ins'' and
inserting ``collapse'';</DELETED>
<DELETED> (6) in paragraph (9)--</DELETED>
<DELETED> (A) in the first sentence, by striking
``and local'' and inserting ``local, and Tribal
government''; and</DELETED>
<DELETED> (B) in the second sentence, by striking
``transfer knowledge and information to'' and inserting
``exchange knowledge and information between'';
and</DELETED>
<DELETED> (C) in the third sentence, by striking
``specifications, criteria'' and inserting
``guidelines, codes, standards'';</DELETED>
<DELETED> (7) in paragraph (12)--</DELETED>
<DELETED> (A) in the second sentence--</DELETED>
<DELETED> (i) by striking ``When earthquakes
occur, the built environment is generally'' and
inserting ``Relatively newer buildings and
infrastructure have generally been'';</DELETED>
<DELETED> (ii) by striking ``and is'' and
inserting ``when earthquakes occur, but most
are''; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (8) in paragraph (13)--</DELETED>
<DELETED> (A) in the first sentence, by inserting
``in 2011'' after ``a study'';</DELETED>
<DELETED> (B) in the second sentence, by inserting
``(in 2011 dollars)'' after ``$300,000,000'';
and</DELETED>
<DELETED> (C) by adding at the end the following:
``The cost of actual seismic retrofits to reduce known
risks is not included in such valuation.''.</DELETED>
<DELETED>SEC. 3. MODIFICATION OF PURPOSE.</DELETED>
<DELETED> Section 3 of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7702) is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) by striking ``and local'' and
inserting ``, local, and Tribal government'';
and</DELETED>
<DELETED> (B) by striking ``locations and
structures'' and inserting ``buildings and
infrastructure'';</DELETED>
<DELETED> (2) in paragraph (2)--</DELETED>
<DELETED> (A) by striking ``and construction'' and
inserting ``, construction, evaluation, and
retrofitting''; and</DELETED>
<DELETED> (B) by inserting ``housing and care
facilities for vulnerable populations,'' after
``occupancy buildings''; and</DELETED>
<DELETED> (3) in paragraph (4)--</DELETED>
<DELETED> (A) by striking ``and local'' and
inserting ``, local, and Tribal government'';
and</DELETED>
<DELETED> (B) by striking ``encourage consideration
of'' and inserting ``incorporate''.</DELETED>
<DELETED>SEC. 4. MODIFICATION OF DEFINITIONS.</DELETED>
<DELETED> Section 4 of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7703) is amended--</DELETED>
<DELETED> (1) in paragraph (3), by inserting ``, including
secondary effects such as earthquake-caused tsunamis'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 5. IMPROVEMENTS TO NATIONAL EARTHQUAKE HAZARDS REDUCTION
PROGRAM.</DELETED>
<DELETED> (a) Program Activities.--Subsection (a)(2) of section 5 of
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704) is
amended--</DELETED>
<DELETED> (1) in subparagraph (B)--</DELETED>
<DELETED> (A) in the matter before clause (i)--
</DELETED>
<DELETED> (i) by striking ``and local'' and
inserting ``, local, and Tribal'';
and</DELETED>
<DELETED> (ii) by striking ``and
constructing'' and inserting ``, designing,
constructing, evaluating, and
retrofitting'';</DELETED>
<DELETED> (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,'';</DELETED>
<DELETED> (C) in clause (iii), by striking ``and
hazards reduction; and'' and inserting ``functional
recovery, and other hazards reduction
topics;'';</DELETED>
<DELETED> (D) in clause (iv)--</DELETED>
<DELETED> (i) by inserting ``and
maintaining'' after ``publishing'';</DELETED>
<DELETED> (ii) by inserting ``tsunami
susceptibility,'' after ``liquefaction
susceptibility,''; and</DELETED>
<DELETED> (iii) by striking ``; and'' and
inserting a semicolon; and</DELETED>
<DELETED> (E) by adding at the end the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(vi) the provision of technical
assistance upon request by a State, local, or
Tribal government regarding--</DELETED>
<DELETED> ``(I) the creation of an
inventory of buildings, structures, and
lifeline infrastructure;</DELETED>
<DELETED> ``(II) the performance of
seismic performance evaluations;
and</DELETED>
<DELETED> ``(III) cost-effective
best practices for retrofitting
existing buildings, structures, and
lifeline infrastructure.'';</DELETED>
<DELETED> (2) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;</DELETED>
<DELETED> (3) by redesignating subparagraph (D) as
subparagraph (E); and</DELETED>
<DELETED> (4) by inserting after subparagraph (C) the
following:</DELETED>
<DELETED> ``(D) improve the understanding of--
</DELETED>
<DELETED> ``(i) the multiple hazards
associated with earthquakes, including
liquefaction, tsunamis, landslides, structural
fires, and the compounding effects of climate
on these hazards; and</DELETED>
<DELETED> ``(ii) potential mitigation
measures for such hazards; and''.</DELETED>
<DELETED> (b) Duties of Interagency Coordinating Committee on
Earthquake Hazards Reduction.--Subsection (a)(3)(D)(ii) of such section
is amended--</DELETED>
<DELETED> (1) in subclause (V), by inserting ``and
associated secondary hazards'' before the period at the end;
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(VIII) Coordinating with
the Chair of the Federal Communications
Commission on the timely broadcasting
of emergency alerts generated by the
earthquake early warning
system.''.</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED> (d) Advisory Committee.--Subsection (a)(5)(A) of such
section is amended--</DELETED>
<DELETED> (1) by striking ``and local government'' and
inserting ``, local, and Tribal governments''; and</DELETED>
<DELETED> (2) by inserting ``social,'' after
``scientific,''.</DELETED>
<DELETED> (e) Lead Agency for Responsibilities of Program
Agencies.--Subsection (b)(1) of such section is amended--</DELETED>
<DELETED> (1) in subparagraph (A)--</DELETED>
<DELETED> (A) by striking ``and local'' and
inserting ``local, and Tribal governments'';
and</DELETED>
<DELETED> (B) by striking ``plan and constructing''
and inserting ``planning, designing, constructing,
evaluating, and retrofitting'';</DELETED>
<DELETED> (2) by redesignating subparagraphs (C) and (D) as
subparagraphs (F) and (G), respectively; and</DELETED>
<DELETED> (3) by inserting after subparagraph (B) the
following:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;''.</DELETED>
<DELETED> (f) Responsibilities of Federal Emergency Management
Agency.--Subsection (b)(2) of such section is amended--</DELETED>
<DELETED> (1) in subparagraph (A)--</DELETED>
<DELETED> (A) in clause (i)--</DELETED>
<DELETED> (i) by inserting ``and Tribal
governments'' after ``States'';</DELETED>
<DELETED> (ii) by striking ``safety
inspections'' and inserting ``performance
evaluations''; and</DELETED>
<DELETED> (iii) by inserting ``and improve
post-earthquake functional recovery'' after
``seismic safety'';</DELETED>
<DELETED> (B) in clause (ii), by inserting ``,
including Tribal entities,'' after ``appropriate
audiences'';</DELETED>
<DELETED> (C) in clause (iii)--</DELETED>
<DELETED> (i) by striking ``of seismic
resistant'' and inserting ``to all appropriate
audiences, including Tribal governments, of'';
and</DELETED>
<DELETED> (ii) by inserting ``that enhance
seismic safety, improve post-earthquake
functional recovery, and reduce losses from
earthquakes'' after ``and lifeline
infrastructure'';</DELETED>
<DELETED> (D) in clause (iv)--</DELETED>
<DELETED> (i) in striking ``and local'' and
inserting ``, local, and Tribal'';
and</DELETED>
<DELETED> (ii) by striking ``; and'' and
inserting a semicolon;</DELETED>
<DELETED> (E) by redesignating clause (v) as clause
(vi); and</DELETED>
<DELETED> (F) by inserting after clause (iv) the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in subparagraph (B)--</DELETED>
<DELETED> (A) in the subparagraph heading, by
inserting ``and tribal'' after ``State'';</DELETED>
<DELETED> (B) in the matter before clause (i), by
inserting ``or Tribal government'' after ``State'';
and</DELETED>
<DELETED> (C) in clause (i), by striking ``safety''
and inserting ``performance, community resilience, or
public awareness''.</DELETED>
<DELETED> (g) Responsibilities of United States Geological Survey.--
Subsection (b)(3) of such section is amended--</DELETED>
<DELETED> (1) in subparagraph (B), by striking ``and local''
and inserting ``, local, and Tribal'';</DELETED>
<DELETED> (2) in subparagraph (C), by inserting ``, the
Chair of the Federal Communications Commission,'' after
``Agency'';</DELETED>
<DELETED> (3) by redesignating subparagraphs (D) through (K)
as subparagraphs (J) through (O), respectively;</DELETED>
<DELETED> (4) by inserting after subparagraph (C) the
following:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(G) coordinating with affected State and
Tribal governments on earthquake early warning system
improvements;'';</DELETED>
<DELETED> (5) in subparagraph (H), as redesignated by
paragraph (3), by inserting ``the Chair of the Federal
Communications Commission,'' after ``Agency,'';</DELETED>
<DELETED> (6) in subparagraph (K), as redesignated by
paragraph (3), by striking ``; and'' and inserting a
semicolon;</DELETED>
<DELETED> (7) in subparagraph (L), as redesignated by
paragraph (3), by striking the period at the end and inserting
a semicolon; and</DELETED>
<DELETED> (8) in subparagraph (N), as redesignated by
paragraph (3), by inserting ``maps of natural hazards
associated with earthquakes and''.</DELETED>
<DELETED> (h) Responsibilities of National Science Foundation.--
Subsection (b)(4)(A) of such section is amended--</DELETED>
<DELETED> (1) in clause (iii), by inserting ``including
updated tsunami and liquefaction risk maps,''; and</DELETED>
<DELETED> (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))''.</DELETED>
<DELETED>SEC. 6. SEISMIC PERFORMANCE PROPERTY STANDARDS.</DELETED>
<DELETED> Section 947 of the Cranston-Gonzales National Affordable
Housing Act (42 U.S.C. 7704a) is amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``safety'' both
places it appears and inserting ``performance''; and</DELETED>
<DELETED> (2) in subsection (b), by striking ``shake-related
property damage'' and inserting ``seismic-related property
damage to improve the post-earthquake functional recovery
time''.</DELETED>
<DELETED>SEC. 7. SEISMIC STANDARDS.</DELETED>
<DELETED> Section 8 of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7705b) is amended--</DELETED>
<DELETED> (1) in subsection (b), by striking ``under
paragraph (1)'' and inserting ``under subsection (a)'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Biennial Reports.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED>SEC. 8. IMPROVEMENTS TO POST-EARTHQUAKE INVESTIGATIONS
PROGRAM.</DELETED>
<DELETED> Section 11 of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7705e) is amended, in the matter before paragraph (1)--
</DELETED>
<DELETED> (1) in the first sentence, by inserting ``domestic
and international'' after ``investigate major''; and</DELETED>
<DELETED> (2) in the fifth sentence, by inserting ``Federal
Emergency Management'' before ``Agency''.</DELETED>
<DELETED>SEC. 9. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in subparagraph (I), by striking ``, and'' and
inserting a comma; and</DELETED>
<DELETED> (2) by inserting after subparagraph (J) the
following:</DELETED>
<DELETED> ``(K) $10,590,000 for fiscal year
2024,</DELETED>
<DELETED> ``(L) $10,590,000 for fiscal year
2025,</DELETED>
<DELETED> ``(M) $10,590,000 for fiscal year
2026,</DELETED>
<DELETED> ``(N) $10,590,000 for fiscal year 2027,
and</DELETED>
<DELETED> ``(O) $10,590,000 for fiscal year
2028,''.</DELETED>
<DELETED> (b) United States Geological Survey.--Subsection (b)(2) of
such section is amended--</DELETED>
<DELETED> (1) in subparagraph (I), by striking ``; and'' and
inserting a semicolon;</DELETED>
<DELETED> (2) in subparagraph (J), by striking the period at
the end and inserting a semicolon; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (c) National Science Foundation.--Subsection (c)(2) of
such section is amended--</DELETED>
<DELETED> (1) in subparagraph (I), by striking ``, and'' and
inserting a comma;</DELETED>
<DELETED> (2) in subparagraph (J), by striking the period at
the end and inserting a comma; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(K) $58,000,000 for fiscal year
2024,</DELETED>
<DELETED> ``(L) $58,000,000 for fiscal year
2025,</DELETED>
<DELETED> ``(M) $58,000,000 for fiscal year
2026,</DELETED>
<DELETED> ``(N) $58,000,000 for fiscal year 2027,
and</DELETED>
<DELETED> ``(O) $58,000,000 for fiscal year
2028.''.</DELETED>
<DELETED> (d) National Institute of Standards and Technology.--
Subsection (d)(2) of such section is amended--</DELETED>
<DELETED> (1) in subparagraph (I), by striking ``, and'' and
inserting a comma;</DELETED>
<DELETED> (2) in subparagraph (J), by striking the period at
the end and inserting a comma; and</DELETED>
<DELETED> (3) by inserting after subparagraph (J) the
following:</DELETED>
<DELETED> ``(K) $5,900,000 for fiscal year
2024,</DELETED>
<DELETED> ``(L) $5,900,000 for fiscal year
2025,</DELETED>
<DELETED> ``(M) $5,900,000 for fiscal year
2026,</DELETED>
<DELETED> ``(N) $5,900,000 for fiscal year 2027,
and</DELETED>
<DELETED> ``(O) $5,900,000 for fiscal year
2028,''.</DELETED>
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.
``(13) The term `earthquake forecast' means a statement of
probabilities that 1 or more earthquakes within a clearly
specified magnitude range may occur within a specified time
interval and geographic region.''.
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) by amending clause (ii) to read as follows:
``(ii) development of standards,
guidelines, and voluntary standards,
guidelines, and consensus codes for earthquake
hazards reduction for buildings, structures,
and lifeline infrastructure, including post-
earthquake recovery-based performance
objectives that address reoccupancy and
downtime of community-prioritized buildings,
structures, and services provided by lifeline
infrastructure;'';
(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 ``in coordination with
the National Tsunami Hazards Mitigation
Program, tsunami susceptibility,'' after
``liquefaction susceptibility,''; and
(iii) by striking ``; and'' and inserting a
semicolon; and
(E) by adding at the end the following:
``(v) subject to the availability of funds,
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) subject to the availability of
funds, 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 inserting ``the Chair of the Scientific Earthquake
Studies Advisory Committee and'' after ``including'';
(2) by striking ``and local government'' and inserting ``,
local, and Tribal governments''; and
(3) 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 inserting ``and performance
evaluations'' after ``safety inspections''; 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 (L) through (Q), 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 risk 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;
``(H) issue earthquake forecasts, when appropriate,
for aftershocks associated with significant earthquakes
in the United States;'';
(5) in subparagraph (I), as redesignated by paragraph (3),
by inserting ``the Chair of the Federal Communications
Commission,'' after ``Agency,'';
(6) in subparagraph (L), as redesignated by paragraph (3),
by striking ``; and'' and inserting a semicolon;
(7) in subparagraph (M), as redesignated by paragraph (3),
by striking the period at the end and inserting a semicolon;
and
(8) in subparagraph (O), 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 September 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,''.
Calendar No. 523
118th CONGRESS
2d Session
S. 3606
_______________________________________________________________________
A BILL
To reauthorize the Earthquake Hazards Reduction Act of 1977, and for
other purposes.
_______________________________________________________________________
September 24, 2024
Reported with an amendment