[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1768 Enrolled Bill (ENR)]
S.1768
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To reauthorize and amend the National Earthquake Hazards Reduction
Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``National Earthquake Hazards
Reduction Program Reauthorization Act of 2018''.

ce130aed210d2984bfb81aa1b191d8905c93cbcc358e177ef357121094ddee0a

(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.''.

6aea37e86ddb21ed010bb2f267e12b199817866eed2493b143903a63c1c9c168

(a) Modification of Program Activities.--Subsection (a)(2) of
section 5 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7704) is amended--
(1) in subparagraph (B)--
(A) in clause (iii), by inserting ``, community
resilience,'' after ``seismic risk''; and
(B) by adding at the end the following:
``(iv) publishing a systematic set of maps of active
faults and folds, liquefaction susceptibility,
susceptibility for earthquake induced landslides, and other
seismically induced hazards; and''; and
(2) in subparagraph (D), by striking ``develop, operate'' and
all that follows through ``7708),'' and inserting ``continue the
development of the Advanced National Seismic System, including
earthquake early warning capabilities''.
(b) Amendments Relating to Interagency Coordinating Committee on
Earthquake Hazards Reduction.--
(1) Clarification regarding membership.--Subparagraph (B) of
subsection (a)(3) of such section is amended, in the matter
preceding clause (i), by striking ``The committee'' and inserting
``In addition to the Director, the committee''.
(2) Reduction in minimum frequency of meetings of interagency
coordinating committee on earthquake hazards reduction.--
Subparagraph (C) of such subsection is amended by striking ``not
less than 3 times a year'' and inserting ``not less frequently than
once each year''.
(3) Expansion of duties.--Subparagraph (D) of such subsection
is amended to read as follows:
``(D) Duties.--
``(i) General duty.--The Interagency Coordinating
Committee shall oversee the planning, management, and
coordination of the Program.
``(ii) Specific duties.--The duties of the Interagency
Coordinating Committee include the following:
``(I) Developing, not later than 6 months after the
date of the enactment of the National Earthquake
Hazards Reduction Program Reauthorization Act of 2004
and updating periodically--
``(aa) a strategic plan that establishes goals
and priorities for the Program activities described
under subsection (a)(2); and
``(bb) a detailed management plan to implement
such strategic plan.
``(II) Developing a coordinated interagency budget
for the Program that will ensure appropriate balance
among the Program activities described under subsection
(a)(2), and, in accordance with the plans developed
under subclause (I), submitting such budget to the
Director of the Office of Management and Budget at the
time designated by the Director for agencies to submit
biennial budgets.
``(III) Developing interagency memorandums of
understanding with any relevant Federal agencies on
data sharing and resource commitment in the event of an
earthquake disaster.
``(IV) Coordinating with the Interagency
Coordinating Committee on Windstorm Impact Reduction
and other natural hazards coordination committees as
the Director determines appropriate to share data and
best practices.
``(V) Coordinating with the Administrator of the
National Aeronautics and Space Administration and the
Administrator of the National Oceanic and Atmospheric
Administration on data sharing and resource allocation
to ensure judicious use of Government resources and the
free-flowing exchange of information related to
earthquakes.
``(VI) Coordinating with the Secretary of
Agriculture and the Secretary of the Interior on the
use of public lands for earthquake monitoring and
research stations, and related data collection.
``(VII) Coordinating with the Secretary of
Transportation and the Secretary of Housing and Urban
Development on the effects of earthquakes on
transportation and housing stocks.
``(iii) Assistance from secretary of agriculture and
secretary of the interior.--To the extent practicable, the
Secretary of Agriculture and the Secretary of the Interior
shall expedite any request for a permit to use public land
under clause (ii)(VI).''.
(4) Reduction in frequency of reporting by interagency
coordinating committee on earthquake hazards reduction.--
(A) In general.--Subsection (a)(4) of such section is
amended--
(i) in the paragraph heading, by striking ``Annual''
and inserting ``Biennial'';
(ii) by redesignating subparagraphs (A) through (F) as
clauses (i) through (vi), respectively, and adjusting the
indentation of the margin of such clauses, as so
redesignated, two ems to the right;
(iii) in clause (v), as so redesignated, by striking
``; and'' and inserting a semicolon;
(iv) in clause (vi), as so redesignated, by striking
the period at the end and inserting ``; and'';
(v) by inserting after clause (vi), as so redesignated,
the following:
``(vii) a statement regarding whether the Administrator
of the Federal Emergency Management Agency has lowered or
waived the cost share requirement for assistance provided
under subsection (b)(2)(A)(i).'';
(vi) in the matter preceding clause (i), as so
redesignated, by striking ``The Interagency'' and all that
follows through ``Senate'' and inserting the following:
``(A) In general.--Not less frequently than once every two
years, the Interagency Coordinating Committee shall submit to
the Committee on Commerce, Science, and Transportation, the
Committee on Energy and Natural Resources, and the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Science, Space, and Technology, the Committee
on Energy and Commerce, the Committee on Natural Resources, and
the Committee on Homeland Security of the House of
Representatives a report on the Program''; and
(vii) by adding at the end the following:
``(B) Support for preparation of report.--Each head of a
Program agency shall submit to the Director of the National
Institute of Standards and Technology such information as the
Director may request for the preparation of a report under
subparagraph (A) not later than 90 days after the date on which
the Director requests such information.''.
(B) Effective date.--The amendments made by subparagraph
(A) shall take effect on the first day of the first fiscal year
beginning after the date of the enactment of this Act.
(c) Modification of Responsibilities of National Institute of
Standards and Technology.--Subsection (b) of such section is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and constructing,''
and inserting ``constructing, evaluating, and retrofitting'';
and
(B) in subparagraph (D), by inserting ``provide new and''
after ``research to''; and
(2) in paragraph (5), in the matter preceding subparagraph (A),
in the first sentence, by inserting ``community resilience
through'' after ``improve''.
(d) Modification of Responsibilities of Federal Emergency
Management Agency.--Paragraph (2) of subsection (b) of such section is
amended to read as follows:
``(2) Department of homeland security; federal emergency
management agency.--
``(A) Program responsibilities.--The Administrator of the
Federal Emergency Management Agency--
``(i) shall operate a program of grants and assistance
to enable States to develop mitigation, preparedness, and
response plans, purchase necessary instrumentation, prepare
inventories and conduct seismic safety inspections of
critical structures and lifeline infrastructure, update
building, land use planning, and zoning codes and
ordinances to enhance seismic safety, increase earthquake
awareness and education, and provide assistance to multi-
State groups for such purposes;
``(ii) shall support the implementation of a
comprehensive earthquake education, outreach, and public
awareness program, including development of materials and
their wide dissemination to all appropriate audiences and
support public access to locality-specific information that
may assist the public in preparing for, mitigating against,
responding to and recovering from earthquakes and related
disasters;
``(iii) shall, in conjunction with the Director of the
National Institute of Standards and Technology, other
Federal agencies, and private sector groups, use research
results to support the preparation, maintenance, and wide
dissemination of seismic resistant design guidance and
related information on building codes, standards, and
practices for new and existing buildings, structures, and
lifeline infrastructure, aid in the development of
performance-based design guidelines and methodologies, and
support model codes that are cost effective and affordable
in order to promote better practices within the design and
construction industry and reduce losses from earthquakes;
``(iv) shall enter into cooperative agreements or
contracts with States and local jurisdictions and other
Federal agencies to establish demonstration projects on
earthquake hazard mitigation, to link earthquake research
and mitigation efforts with emergency management programs,
or to prepare educational materials for national
distribution; and
``(v) shall support the Director of the National
Institute of Standards and Technology in the completion of
programmatic goals.
``(B) State assistance program criteria.--In order to
qualify for assistance under subparagraph (A)(i), a State
must--
``(i) demonstrate that the assistance will result in
enhanced seismic safety in the State;
``(ii) provide 25 percent of the costs of the
activities for which assistance is being given, except that
the Administrator may lower or waive the cost-share
requirement for these activities for a small impoverished
community, as defined in section 203 of the Disaster Relief
Act of 1974 (42 U.S.C. 5133(a)); and
``(iii) meet such other requirements as the
Administrator shall prescribe.''.
(e) Modification of Responsibilities of United States Geological
Survey.--Subsection (b)(3) of such section is amended--
(1) in the matter preceding subparagraph (A), in the first
sentence--
(A) by inserting ``report on significant domestic and
international earthquakes and'' after ``Survey shall''; and
(B) by striking ``predictions.'' and inserting
``forecasts.'';
(2) in subparagraph (C), by striking ``predictions, including
aftershock advisories'' and inserting ``alerts and early
warnings'';
(3) by striking subparagraph (D) and inserting the following:
``(D) issue when necessary and feasible, and notify the
Administrator of the Federal Emergency Management Agency, the
Director of the National Institute of Standards and Technology,
and State and local officials, an alert and an earthquake
warning;'';
(4) in subparagraph (E), in the matter preceding clause (i), by
striking ``using'' and inserting ``including'';
(5) in subparagraph (I), by striking ``; and'' and inserting a
semicolon;
(6) in subparagraph (J)--
(A) by inserting ``and data'' after ``hazard maps''; and
(B) by striking the period at the end and inserting ``;
and''; and
(7) by adding at the end the following:
``(K) support the Director of the National Institute of
Standards and Technology in the completion of programmatic
goals.''.
(f) Modification of Responsibilities of National Science
Foundation.--Subsection (b)(4) of such section is amended--
(1) in subparagraph (B), by inserting ``, State agencies, State
geological surveys,'' after ``consortia'';
(2) in subparagraph (C), by inserting ``to support applied
science in the production of a systematic series of earthquake-
related geologic hazard maps, and'' after ``Survey'';
(3) in subparagraph (D), by striking ``large-scale experimental
and computational facilities of the George E. Brown Jr. Network for
Earthquake Engineering Simulation and other institutions engaged in
research and the implementation of the National Earthquake Hazards
Reduction Program'' and inserting ``experimental and computational
facilities'';
(4) in subparagraph (G), by striking ``; and'' and inserting a
semicolon;
(5) in subparagraph (H), by striking the period at the end and
inserting ``; and'';
(6) by adding at the end the following:
``(I) support the Director of the National Institute of
Standards and Technology in the completion of programmatic
goals.'';
(7) by redesignating subparagraphs (A) through (I) as clauses
(i) through (ix), respectively, and indenting such clauses
accordingly;
(8) in the matter before clause (i), as redesignated by
paragraph (7), in the first sentence, by striking ``The National
Science Foundation'' and inserting the following:
``(A) In general.--The National Science Foundation''; and
(9) by adding at the end the following:
``(B) Identification of funding.--The National Science
Foundation shall--
``(i) to the extent practicable, note in any notice of
Program funding or other funding possibilities under the
Program that the funds are part of the Program;
``(ii) to the extent practicable, track the awarding of
Federal funds through the Program; and
``(iii) not less frequently than once every 2 years,
submit to the director of the Program a report specifying
the amount of Federal funds awarded to conduct research
that enhances the understanding of earthquake science.''.

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(a) In General.--As soon as practicable, but not later than such
date as is necessary for the Comptroller General of the United States
to submit the report required by subsection (c) in accordance with such
subsection, the Comptroller General shall complete a review of Federal
earthquake hazard risk reduction efforts.
(b) Elements.--The review conducted under subsection (a) shall
include the following:
(1) A comprehensive assessment of--
(A) the extent to which the United States Geological Survey
has identified the risks and hazards to the United States posed
by earthquakes, including risks and hazards resulting from
tsunamis and landslides that are generated by earthquakes;
(B) the efforts of the Federal Emergency Management Agency
and the National Institute of Standards and Technology to
improve the resilience of the United States to earthquakes and
to identify important gaps in the resilience of the United
States to earthquakes;
(C) the progress made by the National Institute of
Standards and Technology and the Interagency Coordinating
Committee (as defined in section 4 the Earthquake Hazards
Reduction Act of 1977 of the Earthquake Hazards Reduction Act
of 1977 (42 U.S.C. 7703)) to coordinate effectively the budget
and activities of the Program agencies (as defined in such
section 4) in advancing the plans and goals of the Program (as
defined in such section 4) and how coordination among the
Program agencies may be improved;
(D) the extent to which the results of research in
earthquake risk and hazards reduction supported by the National
Science Foundation during the 40 years of the Program has been
effectively disseminated to Federal, State, local, and private
sector stakeholders; and
(E) the extent to which the research done during the 40
years of the Program has been applied to both public and
private earthquake risk and hazards reduction.
(2) Recommendations to improve the Program and the resiliency
of the United States to earthquake risks.
(c) Report.--As soon as practicable, but not later than 3 years
after the date of the enactment of this Act, the Comptroller General
shall submit to the Committee on Commerce, Science, and Transportation,
the Committee on Energy and Natural Resources, and the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Science, Space, and Technology, the Committee on Natural
Resources, and the Committee on Homeland Security of the House of
Representatives a report on the findings of the Comptroller General
with respect to the review completed under subsection (a).

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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.''.

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(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.

73ff85bf14b2882fe3d4732fd4f50b4eb4c837a7b381d5c806a05153c91715f1

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.''.

d6be16d43ef65d495292f3a7c123af0d6dca42d49d339149d0aeeac275a24019

(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)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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National Earthquake Hazards Reduction Program Reauthorization Act of 2018 — S. 1768

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