Title 42 — The Public Health and Welfare
Chapter 86 — Earthquake Hazards Reduction
§ 7704. National Earthquake Hazards Reduction Program
Statutory text
Establishment
In general
There is established the National Earthquake Hazards Reduction Program.
Program activities
The activities of the Program shall be designed to—
develop effective measures for earthquake hazards reduction;
promote the adoption of earthquake hazards reduction measures by Federal, State, and local governments, national standards and model code organizations, architects and engineers, building owners, and others with a role in planning and constructing buildings, structures, and lifeline infrastructure through—
grants, contracts, cooperative agreements, and technical assistance;
development of standards, guidelines, and voluntary consensus codes for earthquake hazards reduction for buildings, structures, and lifeline infrastructure;
development and maintenance of a repository of information, including technical data, on seismic risk, community resilience, and hazards reduction; and
publishing a systematic set of maps of active faults and folds, liquefaction susceptibility, susceptibility for earthquake induced landslides, and other seismically induced hazards; and 1
improve the understanding of earthquakes and their effects on communities, buildings, structures, and lifeline infrastructure, through interdisciplinary research that involves engineering, natural sciences, and social, economic, and decisions sciences; and
continue the development of the Advanced National Seismic System, including earthquake early warning capabilities and the Global Seismographic Network.
Interagency Coordinating Committee on Earthquake Hazards Reduction
In general
There is established an Interagency Coordinating Committee on Earthquake Hazards Reduction chaired by the Director of the National Institute of Standards and Technology (referred to in this subsection as the “Director”).
Membership
In addition to the Director, the committee shall be composed of—
the Administrator of the Federal Emergency Management Agency;
the Director of the United States Geological Survey;
the Director of the National Science Foundation;
the Director of the Office of Science and Technology Policy; and
the Director of the Office of Management and Budget.
Meetings
The Committee shall meet not less frequently than once each year at the call of the Director.
Duties
General duty
The Interagency Coordinating Committee shall oversee the planning, management, and coordination of the Program.
Specific duties
The duties of the Interagency Coordinating Committee include the following:
Developing, not later than 6 months after , and updating periodically—
a strategic plan that establishes goals and priorities for the Program activities described under subsection (a)(2); and
a detailed management plan to implement such strategic plan.
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.
Developing interagency memorandums of understanding with any relevant Federal agencies on data sharing and resource commitment in the event of an earthquake disaster.
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.
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.
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.
Coordinating with the Secretary of Transportation and the Secretary of Housing and Urban Development on the effects of earthquakes on transportation and housing stocks.
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).
Biennial report
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. Such report shall include—
the Program budget for the current fiscal year for each agency that participates in the Program, and for each major goal established for the Program activities under paragraph (3)(D)(i)(I); 2
the proposed Program budget for the next fiscal year for each agency that participates in the Program, and for each major goal established for the Program activities under paragraph (3)(D)(i)(I); 2
a description of the activities and results of the Program during the previous year, including an assessment of the effectiveness of the Program in furthering the goals established in the strategic plan under paragraph (3)(D)(i)(I); 2
a description of the extent to which the Program has incorporated the recommendations of the Advisory Committee;
a description of activities, including budgets for the current fiscal year and proposed budgets for the next fiscal year, that are carried out by Program agencies and contribute to the Program, but are not included in the Program;
a description of the activities, including budgets for the current fiscal year and proposed budgets for the following fiscal year, related to the grant program carried out under subsection (b)(2)(A)(i); and
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).
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.
Advisory Committee
In general
The Director shall establish an Advisory Committee on Earthquake Hazards Reduction of at least 11 members, none of whom may be an employee (as defined in subparagraphs (A) through (F) of section 7342(a)(1) of title 5 3 including representatives of research and academic institutions, industry standards development organizations, State and local government, and financial communities who are qualified to provide advice on earthquake hazards reduction and represent all related scientific, architectural, and engineering disciplines. The recommendations of the Advisory Committee shall be considered by Federal agencies in implementing the Program.
Assessment
The Advisory Committee shall assess—
trends and developments in the science and engineering of earthquake hazards reduction;
effectiveness of the Program in carrying out the activities under (a)(2) 4;
the need to revise the Program; and
the management, coordination, implementation, and activities of the Program.
Report
Not later than 1 year after , and at least once every 2 years thereafter, the Advisory Committee shall report to the Director on its findings of the assessment carried out under subparagraph (B) and its recommendations for ways to improve the Program. In developing recommendations, the Committee shall consider the recommendations of the United States Geological Survey Scientific Earthquake Studies Advisory Committee.
Application of chapter 10 of title 5
Section 1013 of title 5 shall not apply to the Advisory Committee.
Responsibilities of Program agencies
Lead agency
The National Institute of Standards and Technology shall have the primary responsibility for planning and coordinating the Program. In carrying out this paragraph, the Director of the Institute shall—
ensure that the Program includes the necessary steps to promote the implementation of earthquake hazard reduction measures by Federal, State, and local governments, national standards and model building code organizations, architects and engineers, and others with a role in planning 5 constructing, evaluating, and retrofitting buildings and lifeline infrastructure;
support the development of performance-based seismic engineering tools, and work with appropriate groups to promote the commercial application of such tools, through earthquake-related building codes, standards, and construction practices;
request the assistance of Federal agencies other than the Program agencies, as necessary to assist in carrying out this chapter; and
work with the Federal Emergency Management Agency, the National Science Foundation, and the United States Geological Survey, to develop a comprehensive plan for earthquake engineering research to provide new and effectively use existing testing facilities and laboratories (existing at the time of the development of the plan), upgrade facilities and equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner.
Department of Homeland Security; Federal Emergency Management Agency
Program responsibilities
The Administrator of the Federal Emergency Management Agency—
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;
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;
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;
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
shall support the Director of the National Institute of Standards and Technology in the completion of programmatic goals.
State assistance program criteria
In order to qualify for assistance under subparagraph (A)(i), a State must—
demonstrate that the assistance will result in enhanced seismic safety in the State;
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 5133 of this title; and
meet such other requirements as the Administrator shall prescribe.
United States Geological Survey
The United States Geological Survey shall report on significant domestic and international earthquakes and conduct research and other activities necessary to characterize and identify earthquake hazards, assess earthquake risks, monitor seismic activity, and improve earthquake forecasts. In carrying out this paragraph, the Director of the United States Geological Survey shall—
conduct a systematic assessment of the seismic risks in each region of the Nation prone to earthquakes, including, where appropriate, the establishment and operation of intensive monitoring projects on hazardous faults, seismic microzonation studies in urban and other developed areas where earthquake risk is determined to be significant, and engineering seismology studies;
work with officials of State and local governments to ensure that they are knowledgeable about the specific seismic risks in their areas;
develop standard procedures, in consultation with the Administrator of the Federal Emergency Management Agency and the Director of the National Institute of Standards and Technology, for issuing earthquake alerts and early warnings;
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;
operate, including the National Earthquake Information Center, a forum for the international exchange of earthquake information which shall—
promote the exchange of information on earthquake research and earthquake preparedness between the United States and other nations;
maintain a library containing selected reports, research papers, and data produced through the Program;
answer requests from other nations for information on United States earthquake research and earthquake preparedness programs; and
direct foreign requests to the agency involved in the Program which is best able to respond to the request;
operate a National Seismic System;
support regional seismic networks, which shall complement the National Seismic Network; and 1
work with the National Science Foundation, the Federal Emergency Management Agency, and the National Institute of Standards and Technology to develop a comprehensive plan for earthquake engineering research to effectively use existing testing facilities and laboratories (in existence at the time of the development of the plan), upgrade facilities and equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner.6
work with other Program agencies to coordinate Program activities with similar earthquake hazards reduction efforts in other countries, to ensure that the Program benefits from relevant information and advances in those countries;
maintain suitable seismic hazard maps and data in support of building codes for structures and lifeline infrastructure, including additional maps needed for performance-based design approaches; and
support the Director of the National Institute of Standards and Technology in the completion of programmatic goals.
National Science Foundation
In general
The National Science Foundation shall be responsible for funding research on earth sciences to improve the understanding of the causes and behavior of earthquakes, on earthquake engineering, and on human response to earthquakes. In carrying out this paragraph, the Director of the National Science Foundation shall—
encourage prompt dissemination of significant findings, sharing of data, samples, physical collections, and other supporting materials, and development of intellectual property so research results can be used by appropriate organizations to mitigate earthquake damage;
in addition to supporting individual investigators, support university research consortia, State agencies, State geological surveys, and centers for research in geosciences and in earthquake engineering;
work closely with the United States Geological Survey to support applied science in the production of a systematic series of earthquake-related geologic hazard maps, and to identify geographic regions of national concern that should be the focus of targeted solicitations for earthquake-related research proposals;
support research that improves the safety and performance of buildings, structures, and lifeline systems using experimental and computational facilities;
emphasize, in earthquake engineering research, development of economically feasible methods to retrofit existing buildings and to protect lifeline infrastructure to mitigate earthquake damage;
support research that studies the political, economic, and social factors that influence the implementation of hazard reduction measures;
include to the maximum extent practicable diverse institutions, including Historically Black Colleges and Universities and those serving large proportions of Hispanics, Native Americans, Asian-Pacific Americans, and other underrepresented populations;
develop, in conjunction with the Federal Emergency Management Agency, the National Institute of Standards and Technology, and the United States Geological Survey, a comprehensive plan for earthquake engineering research to effectively use existing testing facilities and laboratories (in existence at the time of the development of the plan), upgrade facilities and equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner; and
support the Director of the National Institute of Standards and Technology in the completion of programmatic goals.
Identification of funding
The National Science Foundation shall—
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;
to the extent practicable, track the awarding of Federal funds through the Program; and
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.
National Institute of Standards and Technology
In addition to the lead agency responsibilities described under paragraph (1), the National Institute of Standards and Technology shall be responsible for carrying out research and development to improve community resilience through building codes and standards and practices for structures and lifeline infrastructure. In carrying out this paragraph, the Director of the National Institute of Standards and Technology shall—
work closely with national standards and model building code organizations, in conjunction with the Agency, to promote the implementation of research results;
promote better building practices among architects and engineers;
work closely with national standards organizations to develop seismic safety standards and practices for new and existing lifeline infrastructure;
support the development and commercial application of cost effective and affordable performance-based seismic engineering by providing technical support for seismic engineering practices and related building code, standards, and practices development; and
work with the National Science Foundation, the Federal Emergency Management Agency, and the United States Geological Survey to develop a comprehensive plan for earthquake engineering research to effectively use existing testing facilities and laboratories (in existence at the time of the development of the plan), upgrade facilities and equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner.
Budget coordination
Guidance
The Interagency Coordinating Committee shall each year provide guidance to the other Program agencies concerning the preparation of requests for appropriations for activities related to the Program, and shall prepare, in conjunction with the other Program agencies, an annual Program budget to be submitted to the Office of Management and Budget.
Reports
Each Program agency shall include with its annual request for appropriations submitted to the Office of Management and Budget a report that—
identifies each element of the proposed Program activities of the agency;
specifies how each of these activities contributes to the Program; and
states the portion of its request for appropriations allocated to each element of the Program.
Footnotes
- 1 So in original. The word “and” probably should not appear.
- 2 See References in Text note below.
- 3 So in original. Probably should be followed by a closing parenthesis.
- 4 So in original. Probably should be preceded by “subsection”.
- 5 So in original. Probably should be followed by a comma.
- 6 So in original. The period probably should be a semicolon.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Earthquake Hazards Reduction Act of 1977
Pub. L. 95–124 § 5 · 91 Stat. 1098
Enacted · 42 U.S.C. § 7704
Pub. L. 95–124, § 5, Oct. 7, 1977, 91 Stat. 1099
Source evidence
Code source credit
Pub. L. 95–124, § 5, Oct. 7, 1977, 91 Stat. 1099Enacted provision · exact public law section
SEC. 5. NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM. (a) Establishment.— The President shall establish and maintain, in accordance with the provisions and policy of this Act, a coordinated earthquake hazards reduction program, which shall— (1) be designed and administered to achieve the objectives set forth in subsection (c); (2) involve, where appropriate, each of the agencies listed in subsection (d); and (3) include each of the elements described in subsection (e), the implementation plan described in subsection (f), and the assistance to the States specified in subsection (g). (b) Duties.— The President shall— (1) within 30 days after the date of enactment of this Act, designate the Federal department, agency, or entity responsible for the development of the implementation plan described in subsection (f); (2) within 210 days after such date of enactment, submit to the Plan, submittal to congressional committees. appropriate authorizing committees of the Congress the implementation plan described in subsection (f); and (3) by rule, within 300 days after such date of enactment— (A) designate the Federal department, agency, or interagency group which shall have primary responsibility for the development and implementation of the earthquake hazards reduction program; (B) assign and specify the role and responsibility of each appropriate Federal department, agency, and entity with respect to each object and element of the program; (C) establish goals, priorities, and target dates for implementation of the program; (D) provide a method for cooperation and coordination with, and assistance (to the extent of available resources) to, interested governmental entities in all States, particularly those containing areas of high or moderate seismic risk; and (E) provide for qualified staffing for the program and its components. (c) Objectives.— The objectives of the earthquake hazards reduction program shall include— (1) the development of technologically and economically feasible design and construction methods and procedures to make new and existing structures, in areas of seismic risk, earthquake resistant, giving priority to the development of such methods and procedures for nuclear power generating plants, dams, hospitals, schools, public utilities, public safety structures, high occupancy buildings, and other structures which are especially needed in time of disaster; (2) the implementation in all areas of high or moderate seismic risk, of a system (including personnel, technology, and procedures) for predicting damaging earthquakes and for identifying, evaluating, and accurately characterizing seismic hazards; (3) the development, publication, and promotion, in conjunction with State and local officials and professional organizations, of model codes and other means to coordinate information about seismic risk with land-use policy decisions and building activity; (4) the development, in areas of seismic risk, of improved understanding of, and capability with respect to, earthquake-related issues, including methods of controlling the risks from earthquakes, planning to prevent such risks, disseminating warnings of earthquakes, organizing emergency services, and planning for reconstruction and redevelopment after an earthquake; (5) the education of the public, including State and local officials, as to earthquake phenomena, the identification of locations and structures which are especially susceptible to earthquake damage, ways to reduce the adverse consequences of an earthquake, and related matters; (6) the development of research on— (A) ways to increase the use of existing scientific and engineering knowledge to mitigate earthquake hazards; (B) the social, economic, legal, and political consequences of earthquake prediction; and (C) ways to assure the availability of earthquake insurance or some functional substitute; and (7) the development of basic and applied research leading to a better understanding of the control or alteration of seismic phenomena. (d) Participation.— In assigning the role and responsibility of Federal departments, agencies, and entities under subsection (b)(3)(B), the President shall, where appropriate, include the United States Geological Survey, the National Science Foundation, the Department of Defense, the Department of Housing and Urban Development, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the National Bureau of Standards, the Energy Research and Development Administration, the Nuclear Regulatory Commission, and the National Fire Prevention and Control Administration. (e) Research Elements.— The research elements of the program shall include— (1) research into the basic causes and mechanisms of earthquakes; (2) development of methods to predict the time, place, and magnitude of future earthquakes; (3) development of an understanding of the circumstances in which earthquakes might be artificially induced by the injection of fluids in deep wells, by the impoundment of reservoirs, or by other means; (4) evaluation of methods that may lead to the development of a capability to modify or control earthquakes in certain regions; (5) development of information and guidelines for zoning land in light of seismic risk in all parts of the United States and preparation of seismic risk analyses useful for emergency planning and community preparedness; (6) development of techniques for the delineation and evaluation of the political effects of earthquakes, and their application on a regional basis; (7) development of methods for planning, design, construction, rehabilitation, and utilization of manmade, works so as to effectively resist the hazards imposed by earthquakes; (8) exploration of possible social and economic adjustments that could be made to reduce earthquake vulnerability and to exploit effectively existing and developing earthquake mitigation techniques; and (9) studies of foreign experience with all aspects of earthquakes. (f) Implementation Plan.— The President shall develop, through the Federal agency, department, or entity designated under subsection (b)(1), an implementation plan which shall set year-by-year targets through at least 1980, and shall specify the roles for Federal agencies, and recommended appropriate roles for State and local units of government, individuals, and private organizations, in carrying out the implementation plan. The plan shall provide for— (1) the development of measures to be taken with respect to preparing for earthquakes, evaluation of prediction techniques and actual predictions of earthquakes, warning the residents of an area that an earthquake may occur, and ensuring that a comprehensive response is made to the occurrence of an earthquake; (2) the development of ways for State, county, local, and regional governmental units to use existing and developing knowledge about the regional and local variations of seismic risk in making their land use decisions; (3) the development and promulgation of specifications, building standards, design criteria, and construction practices to achieve appropriate earthquake resistance for new and existing structures; (4) an examination of alternative provisions and requirements for reducing earthquake hazards through Federal and federally financed construction, loans, loan guarantees, and licenses; (5) the determination of the appropriate role for insurance, loan programs, and public and private relief efforts in moderating the impact of earthquakes; and (6) dissemination, on a timely basis, of— (A) instrument-derived data of interest to other researchers; (B) design and analysis data and procedures of interest to the design professions and to the construction industry; and (C) other information and knowledge of interest to the public to reduce vulnerability to earthquake hazards. Report, filing with congressional committees. When the implementation plan developed by the President under this section contemplates or proposes specific action to be taken by any Federal agency, department, or entity, and at the end of the 30-day period beginning on the date the President submits such plan to the appropriate authorizing committees of the Congress any such action has not been initiated, the President shall file with such committees a report explaining, in detail, the reasons why such action has not been initiated. (g) State Assistance.— In making assistance available to the States under the Disaster Relief Act of 1974 (42 U.S.C. 5121 et seq.), the President may make such assistance available to further the purposes of this Act, including making available to the States the results of research and other activities conducted under this Act. (h) Participation.— In carrying out the provisions of this section, the President shall provide an opportunity for participation by the appropriate representatives of State and local governments, and by the public, including representatives of business and industry, the design professions, and the research community, in the formulation and implementation of the program. Program plan review. Report to Congress. Such non-Federal participation shall include periodic review of the program plan, considered in its entirety, by an assembled and adequately staffed group of such representatives. Any comments on the program upon which such group agrees shall be reported to the Congress. Measures developed pursuant to paragraph 5(f)(1) for the evaluation of prediction techniques and actual predictions of earthquakes shall provide for adequate non-Federal participation. To the extent that such measures include evaluation by Federal employees of non-Federal prediction activities, such measures shall also include evaluation by persons not in full-time Federal employment of Federal prediction activities.Pub. L. 96–472 § 101(a) · 94 Stat. 2257
Inserted · 42 U.S.C. § 7704(a)
Pub. L. 96–472, § 101(a), inserted provisions relating to non-Federal participation in par. (2)
Substituted · 42 U.S.C. § 7704(a)
Pub. L. 96–472, § 101(a), substituted provisions respecting the elements described in subsec. (f) of this section, for provisions respecting the implementation plan described in subsec. (f) of this section in par. (3)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–472, § 101(a), inserted provisions relating to non-Federal participation in par. (2), and substituted provisions respecting the elements described in subsec. (f) of this section, for provisions respecting the implementation plan described in subsec. (f) of this section in par. (3).Enacted provision · exact public law section
(a) Paragraphs (1) through (3) of section 5(a) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(a)) are amended to read as follows: “(1) be designed and administered to achieve the objectives set forth in subsection (c); “(2) involve, where appropriate, each of the agencies listed in subsection (d) and the non-Federal participation specified in subsection (h); and “(3) include each of the elements described in subsections (e) and (f) and the assistance to the States specified in subsection (g).”.Pub. L. 96–472 § 101(b) · 94 Stat. 2257
Substituted · 42 U.S.C. § 7704(b)
Pub. L. 96–472, § 101(b), substituted provisions setting forth the duties of the President and the Director of the Federal Emergency Management Agency with respect to the Program for provisions setting forth the duties of the President with respect to the program and plan
Source evidence
Code amendment note
Subsec. (b). Pub. L. 96–472, § 101(b), substituted provisions setting forth the duties of the President and the Director of the Federal Emergency Management Agency with respect to the Program for provisions setting forth the duties of the President with respect to the program and plan.Enacted provision · exact public law section
(b) Section 5(b) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)) is amended to read as follows: “(b) Duties.— “(1) The President shall— “(A) assign and specify the role and responsibility of each appropriate Federal department, agency, and entity with respect to each object and element of the program; and “(B) establish goals, priorities, budgets, and target dates for implementation of the program. “(2) The Federal Emergency Management Agency (hereinafter Federal Emergency Management Agency, designated responsibilities. referred to as the ‘Agency’) is designated as the agency with the primary responsibilities to plan and coordinate the National Earthquake Hazards Reduction Program. The Director of the Agency (hereinafter referred to as the ‘Director’) shall— “(A) recommend to the President the role and responsibility of each appropriate Federal department, agency, and entity with respect to each object and element of the program; “(B) recommend to the President goals, priorities, budgets, and target dates for implementation of the program; “(C) provide a method for cooperation and coordination with, and assistance (to the extent of available resources) to, interested governmental entities in all States, particularly those containing areas of high or moderate seismic risk; “(D) provide for qualified and sufficient staffing for the program and its components; “(E) compile and maintain a written program plan for the program specified in subsections (a), (e), (f), and (g), which plan will recommend base and incremental budget options for the agencies to carry out the elements and programs specified through at least 1985, and which plan shall be completed by September 30, 1981, and transmitted to the Congress and shall be updated annually; and “(F) recommend appropriate roles for State and local units of government, individuals, and private organizations.”.Pub. L. 96–472 § 101(c) · 94 Stat. 2257
Substituted · 42 U.S.C. § 7704(d)
Pub. L. 96–472, § 101(c), substituted “(1)(A)” for “(3)(B)”
Substituted · 42 U.S.C. § 7704(d)
Pub. L. 96–472, § 101(c), substituted “Department of Commerce” for “National Bureau of Standards”
Substituted · 42 U.S.C. § 7704(d)
Pub. L. 96–472, § 101(c), substituted “Federal Emergency Management Agency” for “National Fire Prevention and Control Administration”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 96–472, § 101(c), substituted “(1)(A)” for “(3)(B)”, “Department of Commerce” for “National Bureau of Standards”, and “Federal Emergency Management Agency” for “National Fire Prevention and Control Administration”.Enacted provision · exact public law section
(c) Section 5(d) of such Act is amended by striking out “(3)(B)” and inserting in lieu thereof “(1)(A)”, by striking out “National Bureau of Standards” and inserting in lieu thereof “Department of Commerce”, and by striking out “National Fire Prevention and Control Administration” and inserting in lieu thereof “Federal Emergency Management Agency”.Pub. L. 96–472 § 101(d) · 94 Stat. 2257
Substituted · 42 U.S.C. § 7704(e)(6)
Pub. L. 96–472, § 101(d), substituted “potential” for “political”
Source evidence
Code amendment note
Subsec. (e)(6). Pub. L. 96–472, § 101(d), substituted “potential” for “political”.Enacted provision · exact public law section
(d) Section 5(e)(6) of such Act is amended by striking out “political” and by inserting in lieu thereof “potential”.Pub. L. 96–472 § 101(e) · 94 Stat. 2257
Substituted · 42 U.S.C. § 7704(f)
Pub. L. 96–472, § 101(e), substituted in provision preceding par. (1), provision directing that the mitigation elements of the program are to be as specified in pars. (1) to (8) for provision authorizing the establishment of a implementation plan, year-by-year targets, and Federal and non-Federal roles, in par. (1)
Substituted · 42 U.S.C. § 7704(f)
Pub. L. 96–472, § 101(e), substituted provision including as one of the mitigating elements, issuance of earthquake predictions for provision including in the implementation plan development of measures in preparing for earthquakes, actual predictions, warnings, and insuring a comprehensive response to an earthquake
Added · 42 U.S.C. § 7704(f)
Pub. L. 96–472, § 101(e), added pars. (7) and (8)
Struck · 42 U.S.C. § 7704(f)
Pub. L. 96–472, § 101(e), struck out provision following par. (8), that when the implementation plan developed by the President contemplates specific action to be taken by a Federal agency, department, or entity, and at the end of the 30-day period beginning on the date the President submits such plan to the appropriate authorizing committees of Congress and such action has not been initiated, the President submit to such committees a report why such action has not been taken
Source evidence
Code amendment note
Subsec. (f). Pub. L. 96–472, § 101(e), substituted in provision preceding par. (1), provision directing that the mitigation elements of the program are to be as specified in pars. (1) to (8) for provision authorizing the establishment of a implementation plan, year-by-year targets, and Federal and non-Federal roles, in par. (1), substituted provision including as one of the mitigating elements, issuance of earthquake predictions for provision including in the implementation plan development of measures in preparing for earthquakes, actual predictions, warnings, and insuring a comprehensive response to an earthquake, added pars. (7) and (8), and struck out provision following par. (8), that when the implementation plan developed by the President contemplates specific action to be taken by a Federal agency, department, or entity, and at the end of the 30-day period beginning on the date the President submits such plan to the appropriate authorizing committees of Congress and such action has not been initiated, the President submit to such committees a report why such action has not been taken.Enacted provision · exact public law section
(e) (1) That portion of section 5(f) of such Act which precedes paragraph (1) thereof is amended to read as follows: “(f) Mitigation Elements.— The mitigation elements of the program shall provide for—”, (2) Paragraph (1) of section 5(f) of such Act is amended to read as follows: “(1) Issuance of earthquake predictions.— The Director of the United States Geological Survey is hereby given the authority, after notification of the Director, to issue an earthquake prediction or other earthquake advisory as he deems necessary. For the purposes of evaluating a prediction, the National Earthquake Prediction Evaluation Council shall be exempt from the requirements of section 10(a)(2) of the Federal Advisory 5 USC app. Committee Act. The Director shall have responsibility to provide State and local officials and residents of an area for which a prediction has been made with recommendations of actions to be taken;”. (3) (A) Section 5(f) of such Act is amended by striking out “and” at the end of paragraph (5), by striking out the period at the end of paragraph (6) and inserting in lieu thereof a semicolon, and by inserting after paragraph (6) the following: “(7) transmittal to Congress by the Director of an intraagency coordination plan for earthquake hazard mitigation and response within thirty days after enactment of this paragraph, which plan shall coordinate all of the directorates of the Agency; and “(8) the development and implementation by the Director of a preparedness plan for response to earthquake predictions which includes the following items: “(A) A prototype plan to be in place in one major metropolitan area by September 30, 1981. “(B) An action plan to be completed for specific adaptations of the prototype plan to other high risk metropolitan areas by September 30, 1981. “(C) These prediction response plans are to be integrated with preparedness response plans. “(D) The plans shall include coordination with State and local governmental companion efforts. “(E) The plans shall be updated as new, relevant information becomes available.”. (B) The last sentence of section 5(f) of such Act is repealed.Pub. L. 96–472 § 101(f) · 94 Stat. 2257
Added · 42 U.S.C. § 7704(i)
Pub. L. 96–472, § 101(f), added subsec. (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 96–472, § 101(f), added subsec. (i).Enacted provision · exact public law section
(f) Section 5 of such Act is amended by inserting at the end thereof Report to Congress. 42 USC 7704. the following: “(i) Study.— Within one year after the date of enactment of this subsection, the Director shall conduct a study and prepare and transmit recommendations to Congress to amend the Disaster Relief Act of 1974 (42 U.S.C. 5121, et seq.) to include provisions for funding for the period of time following a validated earthquake prediction.”.Pub. L. 99–105 § 5 · 99 Stat. 475
Amended · 42 U.S.C. § 7704(b)(2)(E)
Pub. L. 99–105, § 5, amended subpar. (E) generally
Substituted · 42 U.S.C. § 7704(b)(2)(E)
Pub. L. 99–105, § 5, substituting “to be submitted to the Congress and updated at such times as may be required by significant program events, but in no event less frequently than every three years;” for “which plan will recommend base and incremental budget options for the agencies to carry out the elements and programs specified through at least 1985, and which plan shall be completed by September 30, 1981, and transmitted to the Congress and shall be updated annually; and”
Source evidence
Code amendment note
Subsec. (b)(2)(E). Pub. L. 99–105, § 5, amended subpar. (E) generally, substituting “to be submitted to the Congress and updated at such times as may be required by significant program events, but in no event less frequently than every three years;” for “which plan will recommend base and incremental budget options for the agencies to carry out the elements and programs specified through at least 1985, and which plan shall be completed by September 30, 1981, and transmitted to the Congress and shall be updated annually; and”.Enacted provision · exact public law section
Sec. 5. Section 5(b)(2)(E) of such Act (42 U.S.C. 7704(b)(2)(E)) is amended to read as follows: “(E) compile and maintain a written plan for the program specified in subsections (a), (e), (f), and (g), to be submitted to the Congress and updated at such times as may be required by significant program events, but in no event less frequently than every three years;”.Pub. L. 99–105 § 6 · 99 Stat. 475
Added · 42 U.S.C. § 7704(b)(2)(F); 42 U.S.C. § 7704(b)(2)(G)
Pub. L. 99–105, § 6, added subpar. (F)
Redesignated · 42 U.S.C. § 7704(b)(2)(F); 42 U.S.C. § 7704(b)(2)(G)
Pub. L. 99–105, § 6, redesignated former subpar. (F) as (G)
Source evidence
Code amendment note
Subsec. (b)(2)(F), (G). Pub. L. 99–105, § 6, added subpar. (F) and redesignated former subpar. (F) as (G).Enacted provision · exact public law section
Sec. 6. Section 5(b)(2) of such Act (42 U.S.C. 7704(b)(2)) (as amended by section 5 of this Act) is further amended by redesignating subparagraph (F) as subparagraph (G), and by inserting after subparagraph (E) the following new subparagraph: “(F) make, in cooperation with the United States Geological Survey, the National Science Foundation, and the National Bureau of Standards, an annual presentation to the appropriate committee of the Congress within sixty days after the end of each fiscal year for the purpose of communicating any events and any programmatic requirements deemed significant by the National Earthquake Hazards Reduction Program; and”.Pub. L. 100–252 § 2 · 102 Stat. 18
Added · 42 U.S.C. § 7704(j)
Pub. L. 100–252 added subsec. (j)
Source evidence
Code amendment note
Subsec. (j). Pub. L. 100–252 added subsec. (j).Enacted provision · exact public law section
Sec. 2. Section 5 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704) is amended by adding at the end the following: “(j) Cost Sharing.— (1) In the case of any State which has voluntarily engaged in cost sharing by matching Federal grants from the Federal Emergency Management Agency for activities under this Act over the three-fiscal-year period ending September 30, 1987, any such cost sharing that may be required for the fiscal year ending September 30, 1988, or the fiscal year ending September 30, 1989, shall be at a level no higher than the State’s average level of such cost sharing over such three-year period. “(2) In the case of any State which has not engaged in cost sharing by matching Federal grants from the Federal Emergency Management Agency for activities under this Act over such three-fiscal-year period— “(A) no such cost sharing may be required for the fiscal year ending September 30, 1988; and “(B) any such cost sharing that may be required for the fiscal year ending September 30, 1989, shall be at a level no higher than 25 percent of the cost of the activities involved. “(3) Nothing in this subsection shall be construed to prevent a State, voluntarily and at its option, from engaging in cost sharing at a level higher than the maximum level which may be required of it under paragraph (1) or (2).”.Technology Competitiveness Act
Pub. L. 100–418 title V § 5115(c) · 102 Stat. 1107
Substituted · 42 U.S.C. § 7704(b)(2)(F)
Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”
Source evidence
Code amendment note
Subsec. (b)(2)(F). Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.Enacted provision · exact public law section
(c) Amendments to Other Laws.— References in any other Federal 15 USC 271 note. law to the National Bureau of Standards shall be deemed to refer to the National Institute of Standards and Technology.The Disaster Relief and Emergency Assistance Amendments of 1988
Pub. L. 100–707 title I § 109(u) · 102 Stat. 4689
Substituted · 42 U.S.C. § 7704(g); 42 U.S.C. § 7704(i)
Pub. L. 100–707 substituted “Disaster Relief and Emergency Assistance Act” for “Disaster Relief Act of 1974”
Source evidence
Code amendment note
Subsecs. (g), (i). Pub. L. 100–707 substituted “Disaster Relief and Emergency Assistance Act” for “Disaster Relief Act of 1974”.Enacted provision · exact public law section
(u) Earthquake Hazards Reduction Act of 1977.— Subsections (g) and (i) of section 5 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704) are each amended by striking out “Act of 1974” and inserting in lieu thereof “and Emergency Assistance Act”.National Earthquake Hazards Reduction Program Reauthorization Act
Pub. L. 101–614 § 5 · 104 Stat. 3231
Amended · 42 U.S.C. § 7704
Pub. L. 101–614 amended section generally
Substituted · 42 U.S.C. § 7704
Pub. L. 101–614 substituting present provisions consisting of subsecs. (a) and (b) for former provisions which provided for: in subsec. (a), establishment of program; in subsec. (b), duties of President and Director of Federal Emergency Management Agency; in subsec. (c), objectives of program; in subsec. (d), Federal participation; in subsec. (e), research elements; in subsec. (f), mitigation elements; in subsec. (g), State assistance; in subsec. (h), non-Federal participation; in subsec. (i), study and recommendations on disaster relief; and in subsec. (j), cost sharing
Source evidence
Code amendment note
Pub. L. 101–614 amended section generally, substituting present provisions consisting of subsecs. (a) and (b) for former provisions which provided for: in subsec. (a), establishment of program; in subsec. (b), duties of President and Director of Federal Emergency Management Agency; in subsec. (c), objectives of program; in subsec. (d), Federal participation; in subsec. (e), research elements; in subsec. (f), mitigation elements; in subsec. (g), State assistance; in subsec. (h), non-Federal participation; in subsec. (i), study and recommendations on disaster relief; and in subsec. (j), cost sharing.Enacted provision · exact public law section
Sec. 5. national earthquake hazards reduction program Section 5 of the National Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704) is amended to read as follows: “SEC. 5. NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM. “(a) Establishment.— There is established a National Earthquake Hazards Reduction Program. “(b) Responsibilities of Program Agencies.— “(1) Lead agency.— The Federal Emergency Management Agency (hereafter in this Act referred to as the ‘Agency’) shall have the primary responsibility for planning and coordinating the Program. In carrying out this paragraph, the Director of the Agency shall— “(A) prepare, in conjunction with the other Program agencies, an annual budget for the Program to be submitted to the Office of Management and Budget; “(B) ensure that the Program includes the necessary steps to promote the implementation of earthquake hazard reduction measures by Federal, State, and local governments, national standards and model building code organizations, architects and engineers, and others with a role in planning and constructing buildings and lifelines; “(C) prepare, in conjunction with the other Program agencies, a written plan for the Program, which shall include specific tasks and milestones for each Program agency, and which shall be submitted to the Congress and updated at such times as may be required by significant Program events, but in no event less frequently than every 3 years; “(D) prepare, in conjunction with the other Program Reports. agencies, a biennial report, to be submitted to the Congress within 90 days after the end of each even-numbered fiscal year, which shall describe the activities and achievements of the Program during the preceding two fiscal years; and “(E) request the assistance of Federal agencies other than the Program agencies, as necessary to assist in carrying out this Act. The principal official carrying out the responsibilities described in this paragraph shall be at a level no lower than that of Associate Director. “(2) Federal emergency management agency.— “(A) Program responsibilities.— In addition to the lead agency responsibilities described in paragraph (1), the Director of the Agency shall— “(i) operate a program of grants and technical Grant programs. Inter-governmental relations. assistance which would enable States to develop preparedness and response plans, prepare inventories and conduct seismic safety inspections of critical structures and lifelines, update building and zoning codes and ordinances to enhance seismic safety, increase earthquake awareness and education, and encourage the development of multi-State groups for such purposes; “(ii) prepare and execute, in conjunction with the Education. Public information. Program agencies, the Department of Education, other Federal agencies, and private sector groups, a comprehensive earthquake education and public awareness program, to include development of materials and their wide dissemination to schools and the general public; “(iii) prepare and disseminate widely, with the assistance of the National Institute of Standards and Technology, other Federal agencies, and private sector groups, information on building codes and practices for structures and lifelines; “(iv) develop, and coordinate the execution of, Federal interagency plans to respond to an earthquake, with specific plans for each high-risk area which ensure the availability of adequate emergency medical resources, search and rescue personnel and equipment, and emergency broadcast capability; “(v) develop approaches to combine measures for earthquake hazards reduction with measures for reduction of other natural and technological hazards; and “(vi) provide response recommendations to communities after an earthquake prediction has been made under paragraph (3)(D). In addition, the Director of the Agency may enter into cooperative agreements or contracts with States and local jurisdictions to establish demonstration projects on earth-quake hazard mitigation, to link earthquake research and mitigation efforts with emergency management programs, or to prepare educational materials for national distribution. “(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 a share of the costs of the activities for which assistance is being given, in accordance with subparagraph (C); and “(iii) meet such other requirements as the Director of the Agency shall prescribe. “(C) Non-federal cost sharing.— “(i) In the case of any State which has received, before October 1, 1990, a grant from the Agency for activities under this Act which included a requirement for cost sharing by matching such grant, any grant obtained from the Agency for activities under subparagraph (A)(i) after such date shall not include a requirement for cost sharing in an amount greater than 50 percent of the cost of the project for which the grant is made. “(ii) In the case of any State which has not received, before October 1, 1990, a grant from the Agency for activities under this Act which included a requirement for cost sharing by matching such grant, any grant obtained from the Agency for activities under subparagraph (A)(i) after such date— “(I) shall not include a requirement for cost sharing for the first fiscal year of such a grant; “(II) shall not include a requirement for cost sharing in an amount greater than 25 percent of the cost of the project for which the grant is made for the second fiscal year of such grant, and any cost sharing requirement may be satisfied through in-kind contributions; “(III) shall not include a requirement for cost sharing in an amount greater than 35 percent of the cost of the project for which the grant is made for the third fiscal year of such grant, and any cost sharing requirement may be satisfied through in-kind contributions; and “(IV) shall not include a requirement for cost sharing in an amount greater than 50 percent of the cost of the project for which the grant is made for the fourth and subsequent fiscal years of such grant. “(3) United states geological survey.— The United States Research. Geological Survey shall conduct research necessary to characterize and identify earthquake hazards, assess earth-quake risks, monitor seismic activity, and improve earthquake predictions. In carrying out this paragraph, the Director of the United States Geological Survey shall— “(A) conduct a systematic assessment of the seismic risks in each region of the Nation prone to earthquakes, including, where appropriate, the establishment and operation of intensive monitoring projects on hazardous faults, seismic microzonation studies in urban and other developed areas where earthquake risk is determined to be significant, and engineering seismology studies; “(B) work with officials of State and local governments to ensure that they are knowledgeable about the specific seismic risks in their areas; “(C) develop standard procedures, in consultation with the Agency, for issuing earthquake predictions, including aftershock advisories; “(D) issue when necessary, and notify the Director of the Agency of, an earthquake prediction or other earthquake advisory, which may be evaluated by the National Earth-quake Prediction Evaluation Council, which shall be exempt from the requirements of section 10(a)(2) of the Federal Advisory Committee Act when meeting for such purposes; “(E) establish, using existing facilities, a Center for the Establishment. Foreign relations. International Exchange of Earthquake Information which shall— “(i) promote the exchange of information on earth-quake research and earthquake preparedness between the United States and other nations; “(ii) maintain a library containing selected reports, research papers, and data produced through the Program; “(iii) answer requests from other nations for information on United States earthquake research and earth-quake preparedness programs; and “(iv) direct foreign requests to the agency involved in the Program which is best able to respond to the request; and “(F) operate a National Seismic Network; “(G) support regional seismic networks, which shall complement the National Seismic Network. “(4) National science foundation.— The National Science Research. Foundation shall be responsible for funding research on earth sciences to improve the understanding of the causes and behavior of earthquakes, on earthquake engineering, and on human response to earthquakes. In carrying out this paragraph, the Director of the National Science Foundation shall— “(A) encourage prompt dissemination of significant findings, sharing of data, samples, physical collections, and other supporting materials, and development of intellectual property so research results can be used by appropriate organizations to mitigate earthquake damage; “(B) in addition to supporting individual investigators, support university research consortia and centers for re-search in geosciences and in earthquake engineering; “(C) work closely with the United States Geological Survey to identify geographic regions of national concern that should be the focus of targeted solicitations for earth-quake-related research proposals; “(D) emphasize, in earthquake engineering research, development of economically feasible methods to retrofit existing buildings and to protect lifelines to mitigate earth-quake damage; and “(E) support research that studies the political, economic, and social factors that influence the implementation of hazard reduction measures. “(5) National institute of standards and technology.— The National Institute of Standards and Technology shall be responsible for carrying out research and development to improve building codes and standards and practices for structures and lifelines. In carrying out this paragraph, the Director of the National Institute of Standards and Technology shall— “(A) work closely with national standards and model building code organizations, in conjunction with the Agency, to promote the implementation of research results; “(B) promote better building practices among architects and engineers; and “(C) work closely with national standards organizations to develop seismic safety standards and practices for new and existing lifelines.”.Pub. L. 105–47 § 3(b) · 111 Stat. 1159
Added · 42 U.S.C. § 7704(b)(1)(F)
Pub. L. 105–47, § 3(b), added subpar. (F)
Source evidence
Code amendment note
Subsec. (b)(1)(F). Pub. L. 105–47, § 3(b), added subpar. (F).Enacted provision · exact public law section
(b) Federal Emergency Management Agency.— Section 5(b)(1) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(1)) is amended— (1) by striking “and” at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting and”; and (3) by adding at the end the following: “(F) work with the National Science Foundation, the National Institute of Standards and Technology, and the United States Geological Survey, to develop a comprehensive plan for earthquake engineering research to effectively use existing testing facilities and laboratories (existing at the time of the development of the plan), upgrade facilities and equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner.”.Pub. L. 105–47 § 3(c) · 111 Stat. 1159
Added · 42 U.S.C. § 7704(b)(3)(H)
Pub. L. 105–47, § 3(c), added subpar. (H)
Source evidence
Code amendment note
Subsec. (b)(3)(H). Pub. L. 105–47, § 3(c), added subpar. (H).Enacted provision · exact public law section
(c) United States Geological Survey.— Section 5(b)(3) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(3)) is amended— (1) by striking “and” at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (G) and inserting and”; and (3) by adding at the end the following: “(H) work with the National Science Foundation, the Federal Emergency Management Agency, and the National Institute of Standards and Technology to develop a comprehensive plan for earthquake engineering research to effectively use existing testing facilities and laboratories (in existence at the time of the development of the plan), upgrade facilities and equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner.”.Pub. L. 105–47 § 3(a) · 111 Stat. 1159
Added · 42 U.S.C. § 7704(b)(4)(F)
Pub. L. 105–47, § 3(a), added subpar. (F)
Source evidence
Code amendment note
Subsec. (b)(4)(F). Pub. L. 105–47, § 3(a), added subpar. (F).Enacted provision · exact public law section
(a) National Science Foundation.— Section 5(b)(4) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(4)) is amended— (1) by striking “and” at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting “; and”; and (3) by adding at the end the following: “(F) develop, in conjunction with the Federal Emergency Management Agency, the National Institute of Standards and Technology, and the United States Geological Survey, a comprehensive plan for earthquake engineering research to effectively use existing testing facilities and laboratories (in existence at the time of the development of the plan), upgrade facilities and equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner.”.Pub. L. 105–47 § 3(d) · 111 Stat. 1159
Added · 42 U.S.C. § 7704(b)(5)(D)
Pub. L. 105–47, § 3(d), added subpar. (D)
Source evidence
Code amendment note
Subsec. (b)(5)(D). Pub. L. 105–47, § 3(d), added subpar. (D).Enacted provision · exact public law section
(d) National Institute of Standards and Technology.— Section 5(b)(5) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(5)) is amended— (1) by striking “and” at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting “; and”; and (3) by adding at the end the following: “(D) work with the National Science Foundation, the Federal Emergency Management Agency, and the United States Geological Survey to develop a comprehensive plan for earthquake engineering research to effectively use existing testing facilities and laboratories (in existence at the time of the development of the plan), upgrade facilities and equipment as needed, and integrate new, innovative testing approaches to the research infrastructure in a systematic manner.”.Pub. L. 106–503 § 206(1) · 114 Stat. 2298
Redesignated · 42 U.S.C. § 7704(b)(1)
Pub. L. 106–503, § 206(1), redesignated subpars. (B) to (F) as (A) to (E), respectively
Struck · 42 U.S.C. § 7704(b)(1)
Pub. L. 106–503, § 206(1), struck out former subpar. (A) which read as follows: “prepare, in conjunction with the other Program agencies, an annual budget for the Program to be submitted to the Office of Management and Budget;”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 106–503, § 206(1), redesignated subpars. (B) to (F) as (A) to (E), respectively, and struck out former subpar. (A) which read as follows: “prepare, in conjunction with the other Program agencies, an annual budget for the Program to be submitted to the Office of Management and Budget;”.Enacted provision · exact public law section
(1) by striking subparagraph (A) of subsection (b)(1) and redesignating subparagraphs (B) through (F) of subsection (b)(1) as subparagraphs (A) through (E), respectively; andPub. L. 106–503 § 208 · 114 Stat. 2298
Inserted · 42 U.S.C. § 7704(b)(2)(A)(ii)
Pub. L. 106–503, § 208, inserted before semicolon at end “, and development of means of increasing public access to available locality-specific information that may assist the public in preparing for or responding to earthquakes”
Source evidence
Code amendment note
Subsec. (b)(2)(A)(ii). Pub. L. 106–503, § 208, inserted before semicolon at end “, and development of means of increasing public access to available locality-specific information that may assist the public in preparing for or responding to earthquakes”.Enacted provision · exact public law section
SEC. 208. PUBLIC ACCESS TO EARTHQUAKE INFORMATION. Section 5(b)(2)(A)(ii) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(2)(A)(ii)) is amended by inserting “, and development of means of increasing public access to available locality-specific information that may assist the public in preparing for or responding to earthquakes” after “and the general public”.Pub. L. 106–503 § 206(2) · 114 Stat. 2298
Added · 42 U.S.C. § 7704(c)
Pub. L. 106–503, § 206(2), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 106–503, § 206(2), added subsec. (c).Enacted provision · exact public law section
(2) by adding at the end the following new subsection: “(c) Budget Coordination.— “(1) Guidance.— The Agency shall each year provide guidance to the other Program agencies concerning the preparation of requests for appropriations for activities related to the Program, and shall prepare, in conjunction with the other Program agencies, an annual Program budget to be submitted to the Office of Management and Budget. “(2) Reports.— Each Program agency shall include with its annual request for appropriations submitted to the Office of Management and Budget a report that— “(A) identifies each element of the proposed Program activities of the agency; “(B) specifies how each of these activities contributes to the Program; and “(C) states the portion of its request for appropriations allocated to each element of the Program”.National Earthquake Hazards Reduction Program Reauthorization Act of 2004
Pub. L. 108–360 § 103(1) · 118 Stat. 1668
Amended · 42 U.S.C. § 7704(a)
Pub. L. 108–360, § 103(1), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “There is established a National Earthquake Hazards Reduction Program.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 108–360, § 103(1), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “There is established a National Earthquake Hazards Reduction Program.”Enacted provision · exact public law section
(1) by amending subsection (a) to read as follows: “(a) Establishment.— “(1) In general.— There is established the National Earthquake Hazards Reduction Program. “(2) Program activities.— The activities of the Program shall be designed to— “(A) develop effective measures for earthquake hazards reduction; “(B) promote the adoption of earthquake hazards reduction measures by Federal, State, and local governments, national standards and model code organizations, architects and engineers, building owners, and others with a role in planning and constructing buildings, structures, and lifelines through— “(i) grants, contracts, cooperative agreements, and technical assistance; “(ii) development of standards, guidelines, and voluntary consensus codes for earthquake hazards reduction for buildings, structures, and lifelines; “(iii) development and maintenance of a repository of information, including technical data, on seismic risk and hazards reduction; and “(C) improve the understanding of earthquakes and their effects on communities, buildings, structures, and lifelines, through interdisciplinary research that involves engineering, natural sciences, and social, economic, and decisions sciences; and “(D) develop, operate, and maintain an Advanced National Seismic Research and Monitoring System established under section 13 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7707), the George E. Brown, Jr. Network for Earthquake Engineering Simulation established under section 14 of that Act (42 U.S.C. 7708), and the Global Seismographic Network. “(3) Interagency coordinating committee on earthquake hazards reduction.— “(A) In general.— There is established an Interagency Coordinating Committee on Earthquake Hazards Reduction chaired by the Director of the National Institute of Standards and Technology (referred to in this subsection as the ‘Director’). “(B) Membership.— The committee shall be composed of the directors of— “(i) the Federal Emergency Management Agency; “(ii) the United States Geological Survey; “(iii) the National Science Foundation; “(iv) the Office of Science and Technology Policy; and “(v) the Office of Management and Budget. “(C) Meetings.— The Committee shall meet not less than 3 times a year at the call of the Director. “(D) Purpose and duties.— The Interagency Coordinating Committee shall oversee the planning, management, and coordination of the Program. The Interagency Coordinating Committee shall— “(i) Deadline. develop, not later than 6 months after the date of enactment of the National Earthquake Hazards Reduction Program Reauthorization Act of 2004 and update periodically— “(I) a strategic plan that establishes goals and priorities for the Program activities described under subsection (a)(2); and “(II) a detailed management plan to implement such strategic plan; and “(ii) develop 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 clause (i), submit such budget to the Director of the Office of Management and Budget at the time designated by that office for agencies to submit annual budgets. “(4) Annual report.— The Interagency Coordinating Committee shall transmit, at the time of the President’s budget request to Congress, an annual report to the Committee on Science and the Committee on Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate. Such report shall include— “(A) the Program budget for the current fiscal year for each agency that participates in the Program, and for each major goal established for the Program activities under subparagraph (3)(A); “(B) the proposed Program budget for the next fiscal year for each agency that participates in the Program, and for each major goal established for the Program activities under subparagraph (3)(A); “(C) a description of the activities and results of the Program during the previous year, including an assessment of the effectiveness of the Program in furthering the goals established in the strategic plan under (3)(A); “(D) a description of the extent to which the Program has incorporated the recommendations of the Advisory Committee; “(E) a description of activities, including budgets for the current fiscal year and proposed budgets for the next fiscal year, that are carried out by Program agencies and contribute to the Program, but are not included in the Program; and “(F) a description of the activities, including budgets for the current fiscal year and proposed budgets for the following fiscal year, related to the grant program carried out under subsection (b)(2)(A)(i). “(5) Advisory committee.— “(A) In general.— The Director shall establish an Advisory Committee on Earthquake Hazards Reduction of at least 11 members, none of whom may be an employee (as defined in subparagraphs (A) through (F) of section 7342(a)(1) of title 5, United States Code, including representatives of research and academic institutions, industry standards development organizations, State and local government, and financial communities who are qualified to provide advice on earthquake hazards reduction and represent all related scientific, architectural, and engineering disciplines. The recommendations of the Advisory Committee shall be considered by Federal agencies in implementing the Program. “(B) Assessment.— The Advisory Committee shall assess— “(i) trends and developments in the science and engineering of earthquake hazards reduction; “(ii) effectiveness of the Program in carrying out the activities under (a)(2); “(iii) the need to revise the Program; and “(iv) the management, coordination, implementation, and activities of the Program. “(C) Report.— Not later than 1 year after the date of enactment of the National Earthquake Hazards Reduction Program Reauthorization Act of 2004 and at least once every 2 years thereafter, the Advisory Committee shall report to the Director on its findings of the assessment carried out under subparagraph (B) and its recommendations for ways to improve the Program. In developing recommendations, the Committee shall consider the recommendations of the United States Geological Survey Scientific Earthquake Studies Advisory Committee. “(D) Federal advisory committee act application.— Section 14 of the Federal Advisory Committee Act (5 App. U.S.C. 14) shall not apply to the Advisory Committee.” ;National Earthquake Hazards Reduction Program Reauthorization Act of 2004
Pub. L. 108–360 § 103(2)(A)(i) · 118 Stat. 1668
Substituted · 42 U.S.C. § 7704(b)(1)
Pub. L. 108–360, § 103(2)(A)(i), (iv), in introductory provisions, substituted “National Institute of Standards and Technology shall have the primary responsibility for planning and coordinating the Program. In carrying out this paragraph, the Director of the Institute” for “Federal Emergency Management Agency (hereafter in this chapter referred to as the ‘Agency’) shall have the primary responsibility for planning and coordinating the Program. In carrying out this paragraph, the Director of the Agency”
Struck · 42 U.S.C. § 7704(b)(1)
Pub. L. 108–360, § 103(2)(A)(i), (iv), in introductory provisions, struck out concluding provisions which read as follows: “The principal official carrying out the responsibilities described in this paragraph shall be at a level no lower than that of Associate Director.”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 108–360, § 103(2)(A)(i), (iv), in introductory provisions, substituted “National Institute of Standards and Technology shall have the primary responsibility for planning and coordinating the Program. In carrying out this paragraph, the Director of the Institute” for “Federal Emergency Management Agency (hereafter in this chapter referred to as the ‘Agency’) shall have the primary responsibility for planning and coordinating the Program. In carrying out this paragraph, the Director of the Agency” and struck out concluding provisions which read as follows: “The principal official carrying out the responsibilities described in this paragraph shall be at a level no lower than that of Associate Director.”Enacted provision · exact public law section
(i) by striking “Federal Emergency Management Agency” and all that follows through “of the Agency” and inserting “National Institute of Standards and Technology shall have the primary responsibility for planning and coordinating the Program. In carrying out this paragraph, the Director of the Institute”;National Earthquake Hazards Reduction Program Reauthorization Act of 2004
Pub. L. 108–360 § 103(2)(A)(ii) · 118 Stat. 1668
Added · 42 U.S.C. § 7704(b)(1)(B)
Pub. L. 108–360, § 103(2)(A)(ii), (iii), added subpar. (B)
Struck · 42 U.S.C. § 7704(b)(1)(B)
Pub. L. 108–360, § 103(2)(A)(ii), (iii), struck out former subpar. (B) which read as follows: “prepare, in conjunction with the other Program agencies, a written plan for the Program, which shall include specific tasks and milestones for each Program agency, and which shall be submitted to the Congress and updated at such times as may be required by significant Program events, but in no event less frequently than every 3 years;”
Source evidence
Code amendment note
Subsec. (b)(1)(B). Pub. L. 108–360, § 103(2)(A)(ii), (iii), added subpar. (B) and struck out former subpar. (B) which read as follows: “prepare, in conjunction with the other Program agencies, a written plan for the Program, which shall include specific tasks and milestones for each Program agency, and which shall be submitted to the Congress and updated at such times as may be required by significant Program events, but in no event less frequently than every 3 years;”.Enacted provision · exact public law section
(ii) by striking subparagraphs (B) and (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively;National Earthquake Hazards Reduction Program Reauthorization Act of 2004
Pub. L. 108–360 § 103(2)(A)(ii) · 118 Stat. 1668
Redesignated · 42 U.S.C. § 7704(b)(1)(C)
Pub. L. 108–360, § 103(2)(A)(ii), redesignated subpar. (D) as (C)
Struck · 42 U.S.C. § 7704(b)(1)(C)
Pub. L. 108–360, § 103(2)(A)(ii), struck out former subpar. (C) which read as follows: “prepare, in conjunction with the other Program agencies, a biennial report, to be submitted to the Congress within 90 days after the end of each even-numbered fiscal year, which shall describe the activities and achievements of the Program during the preceding two fiscal years;”
Source evidence
Code amendment note
Subsec. (b)(1)(C). Pub. L. 108–360, § 103(2)(A)(ii), redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: “prepare, in conjunction with the other Program agencies, a biennial report, to be submitted to the Congress within 90 days after the end of each even-numbered fiscal year, which shall describe the activities and achievements of the Program during the preceding two fiscal years;”.Enacted provision · exact public law section
(ii) by striking subparagraphs (B) and (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively;National Earthquake Hazards Reduction Program Reauthorization Act of 2004
Pub. L. 108–360 § 103(2)(A)(ii) · 118 Stat. 1668
Redesignated · 42 U.S.C. § 7704(b)(1)(D); 42 U.S.C. § 7704(b)(1)(E)
Pub. L. 108–360, § 103(2)(A)(ii), (v), redesignated subpar. (E) as (D)
Redesignated · 42 U.S.C. § 7704(b)(1)(D); 42 U.S.C. § 7704(b)(1)(E)
Pub. L. 108–360, § 103(2)(A)(ii), (v), substituted “Federal Emergency Management Agency, the National Science Foundation” for “National Science Foundation, the National Institute of Standards and Technology”. Former subpar. (D) redesignated (C)
Source evidence
Code amendment note
Subsec. (b)(1)(D), (E). Pub. L. 108–360, § 103(2)(A)(ii), (v), redesignated subpar. (E) as (D) and substituted “Federal Emergency Management Agency, the National Science Foundation” for “National Science Foundation, the National Institute of Standards and Technology”. Former subpar. (D) redesignated (C).Enacted provision · exact public law section
(ii) by striking subparagraphs (B) and (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively;National Earthquake Hazards Reduction Program Reauthorization Act of 2004
Pub. L. 108–360 § 103(2)(B) · 118 Stat. 1668
Inserted · 42 U.S.C. § 7704(b)(2)
Pub. L. 108–360, § 103(2)(B), inserted heading
Struck · 42 U.S.C. § 7704(b)(2)
Pub. L. 108–360, § 103(2)(B), struck out former heading “Federal Emergency Management Agency”
Added · 42 U.S.C. § 7704(b)(2)
Pub. L. 108–360, § 103(2)(B), added subpar. (A)
Struck · 42 U.S.C. § 7704(b)(2)
Pub. L. 108–360, § 103(2)(B), struck out heading and text of former subpar. (A) which related to earthquake program responsibilities of the Director of the Federal Emergency Management Agency
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 108–360, § 103(2)(B), inserted heading, struck out former heading “Federal Emergency Management Agency”, added subpar. (A), and struck out heading and text of former subpar. (A) which related to earthquake program responsibilities of the Director of the Federal Emergency Management Agency.Enacted provision · exact public law section
(B) by striking so much of paragraph (2) as precedes subparagraph (B) and inserting the following: “(2) Department of homeland security; federal emergency management agency.— “(A) Program responsibilities.— The Under Secretary of Homeland Security for Emergency Preparedness and Response (the Director of the Federal Emergency Management Agency)— “(i) shall work closely with national standards and model building code organizations, in conjunction with the National Institute of Standards and Technology, to promote the implementation of research results; “(ii) shall promote better building practices within the building design and construction industry including architects, engineers, contractors, builders, and inspectors; “(iii) shall operate a program of grants and assistance to enable States to develop mitigation, preparedness, and response plans, prepare inventories and conduct seismic safety inspections of critical structures and lifelines, update building and zoning codes and ordinances to enhance seismic safety, increase earthquake awareness and education, and encourage the development of multi-State groups for such purposes; “(iv) shall support the implementation of a comprehensive earthquake education 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; “(v) shall assist the National Institute of Standards and Technology, other Federal agencies, and private sector groups, in 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 lifelines, and aid in the development of performance-based design guidelines and methodologies supporting model codes for buildings, structures, and lifelines that are cost effective and affordable; “(vi) shall develop, coordinate, and execute the National Response Plan when required following an earthquake, and support the development of specific State and local plans for each high risk area to ensure the availability of adequate emergency medical resources, search and rescue personnel and equipment, and emergency broadcast capability; “(vii) shall develop approaches to combine measures for earthquake hazards reduction with measures for reduction of other natural and technological hazards including performance-based design approaches; “(viii) shall provide preparedness, response, and mitigation recommendations to communities after an earthquake prediction has been made under paragraph (3)(D); and “(ix) may 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.” ;National Earthquake Hazards Reduction Program Reauthorization Act of 2004
Pub. L. 108–360 § 103(2)(C)(i) · 118 Stat. 1668
Inserted · 42 U.S.C. § 7704(b)(3)
Pub. L. 108–360, § 103(2)(C)(i), inserted “and other activities” after “shall conduct research” in introductory provisions
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 108–360, § 103(2)(C)(i), inserted “and other activities” after “shall conduct research” in introductory provisions.Enacted provision · exact public law section
(i) by inserting “and other activities” after “shall conduct research”;National Earthquake Hazards Reduction Program Reauthorization Act of 2004
Pub. L. 108–360 § 103(2)(C)(ii) · 118 Stat. 1668
Substituted · 42 U.S.C. § 7704(b)(3)(C)
Pub. L. 108–360, § 103(2)(C)(ii), substituted “the Director of the Federal Emergency Management Agency and the Director of the National Institute of Standards and Technology” for “the Agency”
Source evidence
Code amendment note
Subsec. (b)(3)(C). Pub. L. 108–360, § 103(2)(C)(ii), substituted “the Director of the Federal Emergency Management Agency and the Director of the National Institute of Standards and Technology” for “the Agency”.Enacted provision · exact public law section
(ii) in subparagraph (C), by striking “the Agency” and inserting “the Director of the Federal Emergency Management Agency and the Director of the National Institute of Standards and Technology”;National Earthquake Hazards Reduction Program Reauthorization Act of 2004
Pub. L. 108–360 § 103(2)(C)(iii) · 118 Stat. 1668
Substituted · 42 U.S.C. § 7704(b)(3)(D)
Pub. L. 108–360, § 103(2)(C)(iii), substituted “the Director of the Federal Emergency Management Agency and the Director of the National Institute of Standards and Technology” for “the Director of the Agency”
Source evidence
Code amendment note
Subsec. (b)(3)(D). Pub. L. 108–360, § 103(2)(C)(iii), substituted “the Director of the Federal Emergency Management Agency and the Director of the National Institute of Standards and Technology” for “the Director of the Agency”.Enacted provision · exact public law section
(iii) in subparagraph (D), by striking “the Director of the Agency” and inserting “the Director of the Federal Emergency Management Agency and the Director of the National Institute of Standards and Technology”;National Earthquake Hazards Reduction Program Reauthorization Act of 2004
Pub. L. 108–360 § 103(2)(C)(iv) · 118 Stat. 1668
Substituted · 42 U.S.C. § 7704(b)(3)(E)
Pub. L. 108–360, § 103(2)(C)(iv), substituted “operate, using the National Earthquake Information Center, a forum for the international exchange of earthquake information” for “establish, using existing facilities, a Center for the International Exchange of Earthquake Information” in introductory provisions
Source evidence
Code amendment note
Subsec. (b)(3)(E). Pub. L. 108–360, § 103(2)(C)(iv), substituted “operate, using the National Earthquake Information Center, a forum for the international exchange of earthquake information” for “establish, using existing facilities, a Center for the International Exchange of Earthquake Information” in introductory provisions.Enacted provision · exact public law section
(iv) in subparagraph (E), by striking “establish, using existing facilities, a Center for the International Exchange of Earthquake Information” and inserting “operate, using the National Earthquake Information Center, a forum for the international exchange of earthquake information”;National Earthquake Hazards Reduction Program Reauthorization Act of 2004
Pub. L. 108–360 § 103(2)(C)(v) · 118 Stat. 1668
Substituted · 42 U.S.C. § 7704(b)(3)(F)
Pub. L. 108–360, § 103(2)(C)(v), substituted “System” for “Network”
Source evidence
Code amendment note
Subsec. (b)(3)(F). Pub. L. 108–360, § 103(2)(C)(v), substituted “System” for “Network”.Enacted provision · exact public law section
(v) in subparagraph (F), by striking “Network” and inserting “System”; andNational Earthquake Hazards Reduction Program Reauthorization Act of 2004
Pub. L. 108–360 § 103(2)(C)(vi) · 118 Stat. 1668
Added · 42 U.S.C. § 7704(b)(3)(I); 42 U.S.C. § 7704(b)(3)(J)
Pub. L. 108–360, § 103(2)(C)(vi), added subpars. (I) and (J)
Source evidence
Code amendment note
Subsec. (b)(3)(I), (J). Pub. L. 108–360, § 103(2)(C)(vi), added subpars. (I) and (J).Enacted provision · exact public law section
(vi) by inserting after subparagraph (H) the following new subparagraphs: “(I) work with other Program agencies to coordinate Program activities with similar earthquake hazards reduction efforts in other countries, to ensure that the Program benefits from relevant information and advances in those countries; and “(J) maintain suitable seismic hazard maps in support of building codes for structures and lifelines, including additional maps needed for performance-based design approaches.” ;National Earthquake Hazards Reduction Program Reauthorization Act of 2004
Pub. L. 108–360 § 103(2)(D) · 118 Stat. 1668
Added · 42 U.S.C. § 7704(b)(4)(D)(H)
Pub. L. 108–360, § 103(2)(D), added subpars. (D) and (G)
Redesignated · 42 U.S.C. § 7704(b)(4)(D)(H)
Pub. L. 108–360, § 103(2)(D), redesignated former subpars. (D), (E), and (F) as (E), (F), and (H), respectively
Source evidence
Code amendment note
Subsec. (b)(4)(D) to (H). Pub. L. 108–360, § 103(2)(D), added subpars. (D) and (G) and redesignated former subpars. (D), (E), and (F) as (E), (F), and (H), respectively.Enacted provision · exact public law section
(D) in paragraph (4)— (i) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (E), (F), and (H), respectively; (ii) by inserting after subparagraph (C) the following: “(D) support research that improves the safety and performance of buildings, structures, and lifeline systems using 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;” ; (iii) in subparagraph (F) (as so redesignated), by striking “; and” and inserting a semicolon; and (iv) by inserting after subparagraph (F) (as so redesignated) the following: “(G) include to the maximum extent practicable diverse institutions, including Historically Black Colleges and Universities and those serving large proportions of Hispanics, Native Americans, Asian-Pacific Americans, and other underrepresented populations; and” ;National Earthquake Hazards Reduction Program Reauthorization Act of 2004
Pub. L. 108–360 § 103(2)(E) · 118 Stat. 1668
Substituted · 42 U.S.C. § 7704(b)(5)
Pub. L. 108–360, § 103(2)(E), in introductory provisions, substituted “In addition to the lead agency responsibilities described under paragraph (1), the National” for “The National”
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 108–360, § 103(2)(E), in introductory provisions, substituted “In addition to the lead agency responsibilities described under paragraph (1), the National” for “The National”.Enacted provision · exact public law section
(E) in paragraph (5), by striking “The National” and inserting “In addition to the lead agency responsibilities described under paragraph (1), the National”; andNational Earthquake Hazards Reduction Program Reauthorization Act of 2004
Pub. L. 108–360 § 103(2)(F) · 118 Stat. 1668
Added · 42 U.S.C. § 7704(b)(5)(D); 42 U.S.C. § 7704(b)(5)(E)
Pub. L. 108–360, § 103(2)(F), added subpar. (D)
Redesignated · 42 U.S.C. § 7704(b)(5)(D); 42 U.S.C. § 7704(b)(5)(E)
Pub. L. 108–360, § 103(2)(F), redesignated former subpar. (D) as (E)
Source evidence
Code amendment note
Subsec. (b)(5)(D), (E). Pub. L. 108–360, § 103(2)(F), added subpar. (D) and redesignated former subpar. (D) as (E).Enacted provision · exact public law section
(F) in paragraph (5)— (i) by striking “and” after the semicolon in subparagraph (C); (ii) by redesignating subparagraph (D) as subparagraph (E); and (iii) by inserting after subparagraph (C) the following: “(D) support the development and commercial application of cost effective and affordable performance-based seismic engineering by providing technical support for seismic engineering practices and related building code, standards, and practices development; and” ; andNational Earthquake Hazards Reduction Program Reauthorization Act of 2004
Pub. L. 108–360 § 103(3) · 118 Stat. 1668
Substituted · 42 U.S.C. § 7704(c)(1)
Pub. L. 108–360, § 103(3), substituted “Interagency Coordinating Committee” for “Agency”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 108–360, § 103(3), substituted “Interagency Coordinating Committee” for “Agency”.Enacted provision · exact public law section
(3) in subsection (c)(1), by striking “Agency” and inserting “Interagency Coordinating Committee”.National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 2(c)(1)(B) · 132 Stat. 4408
Substituted · 42 U.S.C. § 7704
Pub. L. 115–307, § 2(c)(1)(B), substituted “lifeline infrastructure” for “lifelines” wherever appearing
Source evidence
Code amendment note
Pub. L. 115–307, § 2(c)(1)(B), substituted “lifeline infrastructure” for “lifelines” wherever appearing.Enacted provision · exact public law section
(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”.Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(a)(1)(A) · 132 Stat. 4408
Inserted · 42 U.S.C. § 7704(a)(2)(B)(iii)
Pub. L. 115–307, § 3(a)(1)(A), inserted “, community resilience,” after “seismic risk”
Source evidence
Code amendment note
Subsec. (a)(2)(B)(iii). Pub. L. 115–307, § 3(a)(1)(A), inserted “, community resilience,” after “seismic risk”.Enacted provision · exact public law section
(A) in clause (iii), by inserting “, community resilience,” after “seismic risk”; andEffective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(a)(1)(B) · 132 Stat. 4408
Added · 42 U.S.C. § 7704(a)(2)(B)(iv)
Pub. L. 115–307, § 3(a)(1)(B), added cl. (iv)
Source evidence
Code amendment note
Subsec. (a)(2)(B)(iv). Pub. L. 115–307, § 3(a)(1)(B), added cl. (iv).Enacted provision · exact public law section
(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” ; andEffective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(a)(2) · 132 Stat. 4408
Substituted · 42 U.S.C. § 7704(a)(2)(D)
Pub. L. 115–307, § 3(a)(2), substituted “continue the development of the Advanced National Seismic System, including earthquake early warning capabilities” for “develop, operate, and maintain an Advanced National Seismic Research and Monitoring System established under section 7707 of this title, the George E. Brown, Jr. Network for Earthquake Engineering Simulation established under section 7708 of this title,”
Source evidence
Code amendment note
Subsec. (a)(2)(D). Pub. L. 115–307, § 3(a)(2), substituted “continue the development of the Advanced National Seismic System, including earthquake early warning capabilities” for “develop, operate, and maintain an Advanced National Seismic Research and Monitoring System established under section 7707 of this title, the George E. Brown, Jr. Network for Earthquake Engineering Simulation established under section 7708 of this title,”.Enacted provision · exact public law section
(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”.Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 8(a)(1)(A) · 132 Stat. 4408
Struck and inserted · 42 U.S.C. § 7704(a)(3)(B)
Pub. L. 115–307, § 8(a)(1)(A), struck out “the directors of” after “composed of” in introductory provisions and inserted “the Administrator of” before “the” in cl. (i) and “the Director of” before “the” in cls. (ii) to (v)
Source evidence
Code amendment note
Subsec. (a)(3)(B). Pub. L. 115–307, § 8(a)(1)(A), struck out “the directors of” after “composed of” in introductory provisions and inserted “the Administrator of” before “the” in cl. (i) and “the Director of” before “the” in cls. (ii) to (v).Enacted provision · exact public law section
(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; andEffective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(b)(1) · 132 Stat. 4408
Substituted · 42 U.S.C. § 7704(a)(3)(B)
Pub. L. 115–307, § 3(b)(1), substituted “In addition to the Director, the committee” for “The committee” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–307, § 3(b)(1), substituted “In addition to the Director, the committee” for “The committee” in introductory provisions.Enacted provision · exact public law section
(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”.Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(b)(2) · 132 Stat. 4408
Substituted · 42 U.S.C. § 7704(a)(3)(C)
Pub. L. 115–307, § 3(b)(2), substituted “not less frequently than once each year” for “not less than 3 times a year”
Source evidence
Code amendment note
Subsec. (a)(3)(C). Pub. L. 115–307, § 3(b)(2), substituted “not less frequently than once each year” for “not less than 3 times a year”.Enacted provision · exact public law section
(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”.Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(b)(3) · 132 Stat. 4408
Amended · 42 U.S.C. § 7704(a)(3)(D)
Pub. L. 115–307, § 3(b)(3), amended subpar. (D) generally. Prior to amendment, subpar. (D) set out the purpose and duties of the Interagency Coordinating Committee
Source evidence
Code amendment note
Subsec. (a)(3)(D). Pub. L. 115–307, § 3(b)(3), amended subpar. (D) generally. Prior to amendment, subpar. (D) set out the purpose and duties of the Interagency Coordinating Committee.Enacted provision · exact public law section
(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).” .Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(b)(4)(A)(ii) · 132 Stat. 4408
Amended · 42 U.S.C. § 7704(a)(4)
Pub. L. 115–307, § 3(b)(4)(A)(ii), (vi), (vii), designated existing provisions as subpar. (A)
Inserted · 42 U.S.C. § 7704(a)(4)
Pub. L. 115–307, § 3(b)(4)(A)(ii), (vi), (vii), inserted heading
Substituted · 42 U.S.C. § 7704(a)(4)
Pub. L. 115–307, § 3(b)(4)(A)(ii), (vi), (vii), substituted “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” for “The Interagency Coordinating Committee shall transmit, at the time of the President’s budget request to Congress, an annual report to the Committee on Science and the Committee on Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate” in introductory provisions
Redesignated · 42 U.S.C. § 7704(a)(4)
Pub. L. 115–307, § 3(b)(4)(A)(ii), (vi), (vii), redesignated former subpars. (A) to (F) as cls. (i) to (vi), respectively, of subpar. (A) and realigned margins
Added · 42 U.S.C. § 7704(a)(4)
Pub. L. 115–307, § 3(b)(4)(A)(ii), (vi), (vii), added subpar. (B)
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 115–307, § 3(b)(4)(A)(ii), (vi), (vii), designated existing provisions as subpar. (A) and inserted heading, substituted “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” for “The Interagency Coordinating Committee shall transmit, at the time of the President’s budget request to Congress, an annual report to the Committee on Science and the Committee on Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate” in introductory provisions, redesignated former subpars. (A) to (F) as cls. (i) to (vi), respectively, of subpar. (A) and realigned margins, and added subpar. (B).Enacted provision · exact public law section
(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;Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(b)(4)(A)(i) · 132 Stat. 4408
Substituted · 42 U.S.C. § 7704(a)(4)
Pub. L. 115–307, § 3(b)(4)(A)(i), substituted “Biennial” for “Annual” in heading
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–307, § 3(b)(4)(A)(i), substituted “Biennial” for “Annual” in heading.Enacted provision · exact public law section
(i) in the paragraph heading, by striking “Annual” and inserting “Biennial”;Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 8(c)(1) · 132 Stat. 4408
Substituted · 42 U.S.C. § 7704(a)(4)(A)(i); 42 U.S.C. § 7704(a)(4)(A)(ii)
Pub. L. 115–307, § 8(c)(1), substituted “paragraph (3)(D)(i)(I)” for “subparagraph (3)(A)”
Source evidence
Code amendment note
Subsec. (a)(4)(A)(i), (ii). Pub. L. 115–307, § 8(c)(1), substituted “paragraph (3)(D)(i)(I)” for “subparagraph (3)(A)”.Enacted provision · exact public law section
(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)”; andEffective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 8(c)(2) · 132 Stat. 4408
Substituted · 42 U.S.C. § 7704(a)(4)(A)(iii)
Pub. L. 115–307, § 8(c)(2), substituted “under paragraph (3)(D)(i)(I)” for “under (3)(A)”
Source evidence
Code amendment note
Subsec. (a)(4)(A)(iii). Pub. L. 115–307, § 8(c)(2), substituted “under paragraph (3)(D)(i)(I)” for “under (3)(A)”.Enacted provision · exact public law section
(2) in clause (iii), as so redesignated, by striking “under (3)(A)” and inserting “under paragraph (3)(D)(i)(I)”.Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(b)(4)(A)(iii) · 132 Stat. 4408
Added · 42 U.S.C. § 7704(a)(4)(A)(vii)
Pub. L. 115–307, § 3(b)(4)(A)(iii)–(v), added cl. (vii)
Source evidence
Code amendment note
Subsec. (a)(4)(A)(vii). Pub. L. 115–307, § 3(b)(4)(A)(iii)–(v), added cl. (vii).Enacted provision · exact public law section
(iii) in clause (v), as so redesignated, by striking “; and” and inserting a semicolon;Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(c)(1)(A) · 132 Stat. 4408
Substituted · 42 U.S.C. § 7704(b)(1)(A)
Pub. L. 115–307, § 3(c)(1)(A), which directed substitution of “constructing, evaluating, and retrofitting” for “and constructing,”, was executed by making the substitution for “and constructing” to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (b)(1)(A). Pub. L. 115–307, § 3(c)(1)(A), which directed substitution of “constructing, evaluating, and retrofitting” for “and constructing,”, was executed by making the substitution for “and constructing” to reflect the probable intent of Congress.Enacted provision · exact public law section
(A) in subparagraph (A), by striking “and constructing,” and inserting “constructing, evaluating, and retrofitting”; andEffective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(c)(1)(B) · 132 Stat. 4408
Inserted · 42 U.S.C. § 7704(b)(1)(D)
Pub. L. 115–307, § 3(c)(1)(B), inserted “provide new and” after “research to”
Source evidence
Code amendment note
Subsec. (b)(1)(D). Pub. L. 115–307, § 3(c)(1)(B), inserted “provide new and” after “research to”.Enacted provision · exact public law section
(B) in subparagraph (D), by inserting “provide new and” after “research to”; andEffective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(d) · 132 Stat. 4408
Amended · 42 U.S.C. § 7704(b)(2)
Pub. L. 115–307, § 3(d), amended par. (2) generally. Prior to amendment, par. (2) related to program responsibilities of the Department of Homeland Security and Federal Emergency Management Agency, State assistance program criteria, and non-Federal cost sharing
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 115–307, § 3(d), amended par. (2) generally. Prior to amendment, par. (2) related to program responsibilities of the Department of Homeland Security and Federal Emergency Management Agency, State assistance program criteria, and non-Federal cost sharing.Enacted provision · exact public law section
(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.” .Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(e)(1) · 132 Stat. 4408
Inserted · 42 U.S.C. § 7704(b)(3)
Pub. L. 115–307, § 3(e)(1), in introductory provisions, inserted “report on significant domestic and international earthquakes and” before “conduct research”
Substituted · 42 U.S.C. § 7704(b)(3)
Pub. L. 115–307, § 3(e)(1), in introductory provisions, substituted “forecasts.” for “predictions.”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 115–307, § 3(e)(1), in introductory provisions, inserted “report on significant domestic and international earthquakes and” before “conduct research” and substituted “forecasts.” for “predictions.”Enacted provision · exact public law section
(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.”;Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 8(a)(1)(B) · 132 Stat. 4408
Substituted · 42 U.S.C. § 7704(b)(3)(C)
Pub. L. 115–307, § 8(a)(1)(B), substituted “Administrator of the Federal Emergency Management Agency” for “Director of the Federal Emergency Management Agency”
Source evidence
Code amendment note
Subsec. (b)(3)(C). Pub. L. 115–307, § 8(a)(1)(B), substituted “Administrator of the Federal Emergency Management Agency” for “Director of the Federal Emergency Management Agency”.Enacted provision · exact public law section
(B) in subsection (b)(3)(C), as amended by section 3(e), by striking “Director of the Federal” and inserting “Administrator of the Federal”; andEffective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(e)(2) · 132 Stat. 4408
Substituted · 42 U.S.C. § 7704(b)(3)(C)
Pub. L. 115–307, § 3(e)(2), substituted “alerts and early warnings” for “predictions, including aftershock advisories”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–307, § 3(e)(2), substituted “alerts and early warnings” for “predictions, including aftershock advisories”.Enacted provision · exact public law section
(2) in subparagraph (C), by striking “predictions, including aftershock advisories” and inserting “alerts and early warnings”;Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(e)(3) · 132 Stat. 4408
Added · 42 U.S.C. § 7704(b)(3)(D)
Pub. L. 115–307, § 3(e)(3), added subpar. (D)
Struck · 42 U.S.C. § 7704(b)(3)(D)
Pub. L. 115–307, § 3(e)(3), struck out former subpar. (D) which read as follows: “issue when necessary, and notify the Director of the Federal Emergency Management Agency and the Director of the National Institute of Standards and Technology of, an earthquake prediction or other earthquake advisory, which may be evaluated by the National Earthquake Prediction Evaluation Council, which shall be exempt from the requirements of section 10(a)(2) of the Federal Advisory Committee Act when meeting for such purposes;”
Source evidence
Code amendment note
Subsec. (b)(3)(D). Pub. L. 115–307, § 3(e)(3), added subpar. (D) and struck out former subpar. (D) which read as follows: “issue when necessary, and notify the Director of the Federal Emergency Management Agency and the Director of the National Institute of Standards and Technology of, an earthquake prediction or other earthquake advisory, which may be evaluated by the National Earthquake Prediction Evaluation Council, which shall be exempt from the requirements of section 10(a)(2) of the Federal Advisory Committee Act when meeting for such purposes;”.Enacted provision · exact public law section
(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;” ;Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(e)(4) · 132 Stat. 4408
Substituted · 42 U.S.C. § 7704(b)(3)(E)
Pub. L. 115–307, § 3(e)(4), substituted “including” for “using” in introductory provisions
Source evidence
Code amendment note
Subsec. (b)(3)(E). Pub. L. 115–307, § 3(e)(4), substituted “including” for “using” in introductory provisions.Enacted provision · exact public law section
(4) in subparagraph (E), in the matter preceding clause (i), by striking “using” and inserting “including”;Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(e)(5) · 132 Stat. 4408
Struck · 42 U.S.C. § 7704(b)(3)(I)
Pub. L. 115–307, § 3(e)(5), struck out “and” at end
Source evidence
Code amendment note
Subsec. (b)(3)(I). Pub. L. 115–307, § 3(e)(5), struck out “and” at end.Enacted provision · exact public law section
(5) in subparagraph (I), by striking “; and” and inserting a semicolon;Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(e)(6) · 132 Stat. 4408
Inserted · 42 U.S.C. § 7704(b)(3)(J)
Pub. L. 115–307, § 3(e)(6), inserted “and data” after “hazard maps”
Substituted · 42 U.S.C. § 7704(b)(3)(J)
Pub. L. 115–307, § 3(e)(6), substituted “; and” for period at end
Source evidence
Code amendment note
Subsec. (b)(3)(J). Pub. L. 115–307, § 3(e)(6), inserted “and data” after “hazard maps” and substituted “; and” for period at end.Enacted provision · exact public law section
(6) in subparagraph (J)— (A) by inserting “and data” after “hazard maps”; and (B) by striking the period at the end and inserting “; and”; andEffective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(e)(7) · 132 Stat. 4408
Added · 42 U.S.C. § 7704(b)(3)(K)
Pub. L. 115–307, § 3(e)(7), added subpar. (K)
Source evidence
Code amendment note
Subsec. (b)(3)(K). Pub. L. 115–307, § 3(e)(7), added subpar. (K).Enacted provision · exact public law section
(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.” .Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(f)(7) · 132 Stat. 4408
Amended · 42 U.S.C. § 7704(b)(4)
Pub. L. 115–307, § 3(f)(7)–(9), designated existing provisions as subpar. (A)
Inserted · 42 U.S.C. § 7704(b)(4)
Pub. L. 115–307, § 3(f)(7)–(9), inserted heading
Redesignated · 42 U.S.C. § 7704(b)(4)
Pub. L. 115–307, § 3(f)(7)–(9), redesignated former subpars. (A) to (I) as cls. (i) to (ix), respectively, of subpar. (A)
Added · 42 U.S.C. § 7704(b)(4)
Pub. L. 115–307, § 3(f)(7)–(9), added subpar. (B)
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 115–307, § 3(f)(7)–(9), designated existing provisions as subpar. (A) and inserted heading, redesignated former subpars. (A) to (I) as cls. (i) to (ix), respectively, of subpar. (A), and added subpar. (B).Enacted provision · exact public law section
(7) by redesignating subparagraphs (A) through (I) as clauses (i) through (ix), respectively, and indenting such clauses accordingly;Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(f)(1) · 132 Stat. 4408
Inserted · 42 U.S.C. § 7704(b)(4)(B)
Pub. L. 115–307, § 3(f)(1), inserted “, State agencies, State geological surveys,” after “consortia”
Source evidence
Code amendment note
Subsec. (b)(4)(B). Pub. L. 115–307, § 3(f)(1), inserted “, State agencies, State geological surveys,” after “consortia”.Enacted provision · exact public law section
(1) in subparagraph (B), by inserting “, State agencies, State geological surveys,” after “consortia”;Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(f)(2) · 132 Stat. 4408
Inserted · 42 U.S.C. § 7704(b)(4)(C)
Pub. L. 115–307, § 3(f)(2), inserted “to support applied science in the production of a systematic series of earthquake-related geologic hazard maps, and” after “Survey”
Source evidence
Code amendment note
Subsec. (b)(4)(C). Pub. L. 115–307, § 3(f)(2), inserted “to support applied science in the production of a systematic series of earthquake-related geologic hazard maps, and” after “Survey”.Enacted provision · exact public law section
(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”;Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(f)(3) · 132 Stat. 4408
Substituted · 42 U.S.C. § 7704(b)(4)(D)
Pub. L. 115–307, § 3(f)(3), substituted “experimental and computational facilities” for “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”
Source evidence
Code amendment note
Subsec. (b)(4)(D). Pub. L. 115–307, § 3(f)(3), substituted “experimental and computational facilities” for “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”.Enacted provision · exact public law section
(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”;Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(f)(4) · 132 Stat. 4408
Added · 42 U.S.C. § 7704(b)(4)(I)
Pub. L. 115–307, § 3(f)(4)–(6), added subpar. (I)
Source evidence
Code amendment note
Subsec. (b)(4)(I). Pub. L. 115–307, § 3(f)(4)–(6), added subpar. (I).Enacted provision · exact public law section
(4) in subparagraph (G), by striking “; and” and inserting a semicolon;Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”National Earthquake Hazards Reduction Program Reauthorization Act of 2018
Pub. L. 115–307 § 3(c)(2) · 132 Stat. 4408
Inserted · 42 U.S.C. § 7704(b)(5)
Pub. L. 115–307, § 3(c)(2), inserted “community resilience through” after “improve” in introductory provisions
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 115–307, § 3(c)(2), inserted “community resilience through” after “improve” in introductory provisions.Enacted provision · exact public law section
(2) in paragraph (5), in the matter preceding subparagraph (A), in the first sentence, by inserting “community resilience through” after “improve”.Effective date note
Pub. L. 115–307, § 3(b)(4)(B), Dec. 11, 2018, 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Dec. 11, 2018].”Pub. L. 117–286 § 4(a)(271) · 136 Stat. 4196
Substituted · 42 U.S.C. § 7704(a)(5)(D)
Pub. L. 117–286 substituted “Application of chapter 10 of title 5” for “Federal Advisory Committee Act application” in text
Substituted · 42 U.S.C. § 7704(a)(5)(D)
Pub. L. 117–286 substituted “Section 1013 of title 5” for “Section 14 of the Federal Advisory Committee Act (5 App. U.S.C. 14)” in text
Source evidence
Code amendment note
Subsec. (a)(5)(D). Pub. L. 117–286 substituted “Application of chapter 10 of title 5” for “Federal Advisory Committee Act application” in heading and “Section 1013 of title 5” for “Section 14 of the Federal Advisory Committee Act (5 App. U.S.C. 14)” in text.Enacted provision · exact public law section
(271) Section 5(a)(5)(D) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(a)(5)(D)) is amended— (A) in the subparagraph heading, by striking “Federal advisory committee act application” and inserting “Application of chapter 10 of title 5, united states code”; and (B) in text, by striking “Section 14 of the Federal Advisory Committee Act (5 App. U.S.C. 14)” and inserting “Section 1013 of title 5, United States Code,”.
97 of 97 references resolved to an enrolled provision
Editorial Notes
References in Text
Paragraph (3)(D), referred to in subsec. (a)(4)(A)(i) to (iii), was amended generally by Pub. L. 115–307, § 3(b)(3), , 132 Stat. 4410, and, as so amended, does not contain a cl. (i)(I). For similar provisions after amendment by Pub. L. 115–307, see cl. (ii)(I)(aa) of par. (3)(D).
Section 5133 of this title, referred to in subsec. (b)(2)(B)(ii), was in the original “section 203 of the Disaster Relief Act of 1974 (42 U.S.C. 5133(a))”, and was translated as if it had been a reference to section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which was formerly known as the Disaster Relief Act of 1974, to reflect the probable intent of Congress. Subsec. (a) of section 5133 of this title defines “small impoverished community”.
Amendments1980–2022 · 9 rounds
2022
Subsec. (a)(5)(D). Pub. L. 117–286 substituted “Application of chapter 10 of title 5” for “Federal Advisory Committee Act application” in heading and “Section 1013 of title 5” for “Section 14 of the Federal Advisory Committee Act (5 App. U.S.C. 14)” in text.
2018
Pub. L. 115–307, § 2(c)(1)(B), substituted “lifeline infrastructure” for “lifelines” wherever appearing.
Subsec. (a)(2)(B)(iii). Pub. L. 115–307, § 3(a)(1)(A), inserted “, community resilience,” after “seismic risk”.
Subsec. (a)(2)(B)(iv). Pub. L. 115–307, § 3(a)(1)(B), added cl. (iv).
Subsec. (a)(2)(D). Pub. L. 115–307, § 3(a)(2), substituted “continue the development of the Advanced National Seismic System, including earthquake early warning capabilities” for “develop, operate, and maintain an Advanced National Seismic Research and Monitoring System established under section 7707 of this title, the George E. Brown, Jr. Network for Earthquake Engineering Simulation established under section 7708 of this title,”.
Subsec. (a)(3)(B). Pub. L. 115–307, § 8(a)(1)(A), struck out “the directors of” after “composed of” in introductory provisions and inserted “the Administrator of” before “the” in cl. (i) and “the Director of” before “the” in cls. (ii) to (v).
Pub. L. 115–307, § 3(b)(1), substituted “In addition to the Director, the committee” for “The committee” in introductory provisions.
Subsec. (a)(3)(C). Pub. L. 115–307, § 3(b)(2), substituted “not less frequently than once each year” for “not less than 3 times a year”.
Subsec. (a)(3)(D). Pub. L. 115–307, § 3(b)(3), amended subpar. (D) generally. Prior to amendment, subpar. (D) set out the purpose and duties of the Interagency Coordinating Committee.
Subsec. (a)(4). Pub. L. 115–307, § 3(b)(4)(A)(ii), (vi), (vii), designated existing provisions as subpar. (A) and inserted heading, substituted “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” for “The Interagency Coordinating Committee shall transmit, at the time of the President’s budget request to Congress, an annual report to the Committee on Science and the Committee on Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate” in introductory provisions, redesignated former subpars. (A) to (F) as cls. (i) to (vi), respectively, of subpar. (A) and realigned margins, and added subpar. (B).
Pub. L. 115–307, § 3(b)(4)(A)(i), substituted “Biennial” for “Annual” in heading.
Subsec. (a)(4)(A)(i), (ii). Pub. L. 115–307, § 8(c)(1), substituted “paragraph (3)(D)(i)(I)” for “subparagraph (3)(A)”.
Subsec. (a)(4)(A)(iii). Pub. L. 115–307, § 8(c)(2), substituted “under paragraph (3)(D)(i)(I)” for “under (3)(A)”.
Subsec. (a)(4)(A)(vii). Pub. L. 115–307, § 3(b)(4)(A)(iii)–(v), added cl. (vii).
Subsec. (b)(1)(A). Pub. L. 115–307, § 3(c)(1)(A), which directed substitution of “constructing, evaluating, and retrofitting” for “and constructing,”, was executed by making the substitution for “and constructing” to reflect the probable intent of Congress.
Subsec. (b)(1)(D). Pub. L. 115–307, § 3(c)(1)(B), inserted “provide new and” after “research to”.
Subsec. (b)(2). Pub. L. 115–307, § 3(d), amended par. (2) generally. Prior to amendment, par. (2) related to program responsibilities of the Department of Homeland Security and Federal Emergency Management Agency, State assistance program criteria, and non-Federal cost sharing.
Subsec. (b)(3). Pub. L. 115–307, § 3(e)(1), in introductory provisions, inserted “report on significant domestic and international earthquakes and” before “conduct research” and substituted “forecasts.” for “predictions.”
Subsec. (b)(3)(C). Pub. L. 115–307, § 8(a)(1)(B), substituted “Administrator of the Federal Emergency Management Agency” for “Director of the Federal Emergency Management Agency”.
Pub. L. 115–307, § 3(e)(2), substituted “alerts and early warnings” for “predictions, including aftershock advisories”.
Subsec. (b)(3)(D). Pub. L. 115–307, § 3(e)(3), added subpar. (D) and struck out former subpar. (D) which read as follows: “issue when necessary, and notify the Director of the Federal Emergency Management Agency and the Director of the National Institute of Standards and Technology of, an earthquake prediction or other earthquake advisory, which may be evaluated by the National Earthquake Prediction Evaluation Council, which shall be exempt from the requirements of section 10(a)(2) of the Federal Advisory Committee Act when meeting for such purposes;”.
Subsec. (b)(3)(E). Pub. L. 115–307, § 3(e)(4), substituted “including” for “using” in introductory provisions.
Subsec. (b)(3)(I). Pub. L. 115–307, § 3(e)(5), struck out “and” at end.
Subsec. (b)(3)(J). Pub. L. 115–307, § 3(e)(6), inserted “and data” after “hazard maps” and substituted “; and” for period at end.
Subsec. (b)(3)(K). Pub. L. 115–307, § 3(e)(7), added subpar. (K).
Subsec. (b)(4). Pub. L. 115–307, § 3(f)(7)–(9), designated existing provisions as subpar. (A) and inserted heading, redesignated former subpars. (A) to (I) as cls. (i) to (ix), respectively, of subpar. (A), and added subpar. (B).
Subsec. (b)(4)(B). Pub. L. 115–307, § 3(f)(1), inserted “, State agencies, State geological surveys,” after “consortia”.
Subsec. (b)(4)(C). Pub. L. 115–307, § 3(f)(2), inserted “to support applied science in the production of a systematic series of earthquake-related geologic hazard maps, and” after “Survey”.
Subsec. (b)(4)(D). Pub. L. 115–307, § 3(f)(3), substituted “experimental and computational facilities” for “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”.
Subsec. (b)(4)(I). Pub. L. 115–307, § 3(f)(4)–(6), added subpar. (I).
Subsec. (b)(5). Pub. L. 115–307, § 3(c)(2), inserted “community resilience through” after “improve” in introductory provisions.
2004
Subsec. (a). Pub. L. 108–360, § 103(1), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “There is established a National Earthquake Hazards Reduction Program.”
Subsec. (b)(1). Pub. L. 108–360, § 103(2)(A)(i), (iv), in introductory provisions, substituted “National Institute of Standards and Technology shall have the primary responsibility for planning and coordinating the Program. In carrying out this paragraph, the Director of the Institute” for “Federal Emergency Management Agency (hereafter in this chapter referred to as the ‘Agency’) shall have the primary responsibility for planning and coordinating the Program. In carrying out this paragraph, the Director of the Agency” and struck out concluding provisions which read as follows: “The principal official carrying out the responsibilities described in this paragraph shall be at a level no lower than that of Associate Director.”
Subsec. (b)(1)(B). Pub. L. 108–360, § 103(2)(A)(ii), (iii), added subpar. (B) and struck out former subpar. (B) which read as follows: “prepare, in conjunction with the other Program agencies, a written plan for the Program, which shall include specific tasks and milestones for each Program agency, and which shall be submitted to the Congress and updated at such times as may be required by significant Program events, but in no event less frequently than every 3 years;”.
Subsec. (b)(1)(C). Pub. L. 108–360, § 103(2)(A)(ii), redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: “prepare, in conjunction with the other Program agencies, a biennial report, to be submitted to the Congress within 90 days after the end of each even-numbered fiscal year, which shall describe the activities and achievements of the Program during the preceding two fiscal years;”.
Subsec. (b)(1)(D), (E). Pub. L. 108–360, § 103(2)(A)(ii), (v), redesignated subpar. (E) as (D) and substituted “Federal Emergency Management Agency, the National Science Foundation” for “National Science Foundation, the National Institute of Standards and Technology”. Former subpar. (D) redesignated (C).
Subsec. (b)(2). Pub. L. 108–360, § 103(2)(B), inserted heading, struck out former heading “Federal Emergency Management Agency”, added subpar. (A), and struck out heading and text of former subpar. (A) which related to earthquake program responsibilities of the Director of the Federal Emergency Management Agency.
Subsec. (b)(3). Pub. L. 108–360, § 103(2)(C)(i), inserted “and other activities” after “shall conduct research” in introductory provisions.
Subsec. (b)(3)(C). Pub. L. 108–360, § 103(2)(C)(ii), substituted “the Director of the Federal Emergency Management Agency and the Director of the National Institute of Standards and Technology” for “the Agency”.
Subsec. (b)(3)(D). Pub. L. 108–360, § 103(2)(C)(iii), substituted “the Director of the Federal Emergency Management Agency and the Director of the National Institute of Standards and Technology” for “the Director of the Agency”.
Subsec. (b)(3)(E). Pub. L. 108–360, § 103(2)(C)(iv), substituted “operate, using the National Earthquake Information Center, a forum for the international exchange of earthquake information” for “establish, using existing facilities, a Center for the International Exchange of Earthquake Information” in introductory provisions.
Subsec. (b)(3)(F). Pub. L. 108–360, § 103(2)(C)(v), substituted “System” for “Network”.
Subsec. (b)(3)(I), (J). Pub. L. 108–360, § 103(2)(C)(vi), added subpars. (I) and (J).
Subsec. (b)(4)(D) to (H). Pub. L. 108–360, § 103(2)(D), added subpars. (D) and (G) and redesignated former subpars. (D), (E), and (F) as (E), (F), and (H), respectively.
Subsec. (b)(5). Pub. L. 108–360, § 103(2)(E), in introductory provisions, substituted “In addition to the lead agency responsibilities described under paragraph (1), the National” for “The National”.
Subsec. (b)(5)(D), (E). Pub. L. 108–360, § 103(2)(F), added subpar. (D) and redesignated former subpar. (D) as (E).
Subsec. (c)(1). Pub. L. 108–360, § 103(3), substituted “Interagency Coordinating Committee” for “Agency”.
2000
Subsec. (b)(1). Pub. L. 106–503, § 206(1), redesignated subpars. (B) to (F) as (A) to (E), respectively, and struck out former subpar. (A) which read as follows: “prepare, in conjunction with the other Program agencies, an annual budget for the Program to be submitted to the Office of Management and Budget;”.
Subsec. (b)(2)(A)(ii). Pub. L. 106–503, § 208, inserted before semicolon at end “, and development of means of increasing public access to available locality-specific information that may assist the public in preparing for or responding to earthquakes”.
Subsec. (c). Pub. L. 106–503, § 206(2), added subsec. (c).
1997
Subsec. (b)(1)(F). Pub. L. 105–47, § 3(b), added subpar. (F).
Subsec. (b)(3)(H). Pub. L. 105–47, § 3(c), added subpar. (H).
Subsec. (b)(4)(F). Pub. L. 105–47, § 3(a), added subpar. (F).
Subsec. (b)(5)(D). Pub. L. 105–47, § 3(d), added subpar. (D).
1990
Pub. L. 101–614 amended section generally, substituting present provisions consisting of subsecs. (a) and (b) for former provisions which provided for: in subsec. (a), establishment of program; in subsec. (b), duties of President and Director of Federal Emergency Management Agency; in subsec. (c), objectives of program; in subsec. (d), Federal participation; in subsec. (e), research elements; in subsec. (f), mitigation elements; in subsec. (g), State assistance; in subsec. (h), non-Federal participation; in subsec. (i), study and recommendations on disaster relief; and in subsec. (j), cost sharing.
1988
Subsec. (b)(2)(F). Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.
Subsecs. (g), (i). Pub. L. 100–707 substituted “Disaster Relief and Emergency Assistance Act” for “Disaster Relief Act of 1974”.
Subsec. (j). Pub. L. 100–252 added subsec. (j).
1985
Subsec. (b)(2)(E). Pub. L. 99–105, § 5, amended subpar. (E) generally, substituting “to be submitted to the Congress and updated at such times as may be required by significant program events, but in no event less frequently than every three years;” for “which plan will recommend base and incremental budget options for the agencies to carry out the elements and programs specified through at least 1985, and which plan shall be completed by , and transmitted to the Congress and shall be updated annually; and”.
Subsec. (b)(2)(F), (G). Pub. L. 99–105, § 6, added subpar. (F) and redesignated former subpar. (F) as (G).
1980
Subsec. (a). Pub. L. 96–472, § 101(a), inserted provisions relating to non-Federal participation in par. (2), and substituted provisions respecting the elements described in subsec. (f) of this section, for provisions respecting the implementation plan described in subsec. (f) of this section in par. (3).
Subsec. (b). Pub. L. 96–472, § 101(b), substituted provisions setting forth the duties of the President and the Director of the Federal Emergency Management Agency with respect to the Program for provisions setting forth the duties of the President with respect to the program and plan.
Subsec. (d). Pub. L. 96–472, § 101(c), substituted “(1)(A)” for “(3)(B)”, “Department of Commerce” for “National Bureau of Standards”, and “Federal Emergency Management Agency” for “National Fire Prevention and Control Administration”.
Subsec. (e)(6). Pub. L. 96–472, § 101(d), substituted “potential” for “political”.
Subsec. (f). Pub. L. 96–472, § 101(e), substituted in provision preceding par. (1), provision directing that the mitigation elements of the program are to be as specified in pars. (1) to (8) for provision authorizing the establishment of a implementation plan, year-by-year targets, and Federal and non-Federal roles, in par. (1), substituted provision including as one of the mitigating elements, issuance of earthquake predictions for provision including in the implementation plan development of measures in preparing for earthquakes, actual predictions, warnings, and insuring a comprehensive response to an earthquake, added pars. (7) and (8), and struck out provision following par. (8), that when the implementation plan developed by the President contemplates specific action to be taken by a Federal agency, department, or entity, and at the end of the 30-day period beginning on the date the President submits such plan to the appropriate authorizing committees of Congress and such action has not been initiated, the President submit to such committees a report why such action has not been taken.
Subsec. (i). Pub. L. 96–472, § 101(f), added subsec. (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–307, § 3(b)(4)(B), , 132 Stat. 4411, provided that: “The amendments made by subparagraph (A) [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [].”
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
Real-Time Public Availability of Raw Seismological Data
Pub. L. 107–228, div. B, title XVI, § 1602, , 116 Stat. 1460, provided that: “The head of the Air Force Technical Applications Center shall make available to the public, immediately upon receipt or as soon after receipt as is practicable, all raw seismological data provided to the United States Government by any international monitoring organization that is directly responsible for seismological monitoring.”
Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1116], , 113 Stat. 1536, 1501A–489, provided that: “The United States Government shall, to the maximum extent practicable, make available to the public in real time, or as quickly as possible, all raw seismological data provided to the United States Government by any international organization that is directly responsible for seismological monitoring.”
Authorization of Real-Time Seismic Hazard Warning System Development, and Other Activities
Pub. L. 105–47, § 2, , 111 Stat. 1160, as amended by Pub. L. 106–503, title II, § 202(c), , 114 Stat. 2305; Pub. L. 107–110, title X, § 1076(cc), , 115 Stat. 2093; Pub. L. 114–95, title IX, § 9215(aa), , 129 Stat. 2172, provided that:
“(a) Automatic Seismic Warning System Development.—
“(1) Definitions.—
In this section:
“(A) Director.—
The term ‘Director’ means the Director of the United States Geological Survey.
“(B) High-risk activity.—
The term ‘high-risk activity’ means an activity that may be adversely affected by a moderate to severe seismic event (as determined by the Director). The term includes high-speed rail transportation.
“(C) Real-time seismic warning system.—
The term ‘real-time seismic warning system’ means a system that issues warnings in real-time from a network of seismic sensors to a set of analysis processors, directly to receivers related to high-risk activities.
“(2) In general.—
The Director shall conduct a program to develop a prototype real-time seismic warning system. The Director may enter into such agreements or contracts as may be necessary to carry out the program.
“(3) Upgrade of seismic sensors.—
In carrying out a program under paragraph (2), in order to increase the accuracy and speed of seismic event analysis to provide for timely warning signals, the Director shall provide for the upgrading of the network of seismic sensors participating in the prototype to increase the capability of the sensors—
“(A) to measure accurately large magnitude seismic events (as determined by the Director); and
“(B) to acquire additional parametric data.
“(4) Development of communications and computation infrastructure.—
In carrying out a program under paragraph (2), the Director shall develop a communications and computation infrastructure that is necessary—
“(A) to process the data obtained from the upgraded seismic sensor network referred to in paragraph (3); and
“(B) to provide for, and carry out, such communications engineering and development as is necessary to facilitate—
“(i) the timely flow of data within a real-time seismic hazard warning system; and
“(ii) the issuance of warnings to receivers related to high-risk activities.
“(5) Procurement of computer hardware and computer software.—
In carrying out a program under paragraph (2), the Director shall procure such computer hardware and computer software as may be necessary to carry out the program.
“(6) Reports on progress.—
“(A) In general.—
Not later than 120 days after the date of enactment of this Act [], the Director shall prepare and submit to Congress a report that contains a plan for implementing a real-time seismic hazard warning system.
“(B) Additional reports.—
Not later than 1 year after the date on which the Director submits the report under subparagraph (A), and annually thereafter, the Director shall prepare and submit to Congress a report that summarizes the progress of the Director in implementing the plan referred to in subparagraph (A).
“(7) Authorization of appropriations.—
In addition to the amounts made available to the Director under section 12(b) of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(b)), there are authorized to be appropriated to the Department of the Interior, to be used by the Director to carry out paragraph (2), $3,000,000 for each of fiscal years 1998 and 1999; $2,600,000 for fiscal year 2001; $2,710,000 for fiscal year 2002; and $2,825,000 for fiscal year 2003.
“(b) Seismic Monitoring Networks Assessment.—
“(1) In general.—
The Director shall provide for an assessment of regional seismic monitoring networks in the United States. The assessment shall address—
“(A) the need to update the infrastructure used for collecting seismological data for research and monitoring of seismic events in the United States;
“(B) the need for expanding the capability to record strong ground motions, especially for urban area engineering purposes;
“(C) the need to measure accurately large magnitude seismic events (as determined by the Director);
“(D) the need to acquire additional parametric data; and
“(E) projected costs for meeting the needs described in subparagraphs (A) through (D).
“(2) Results.—
The Director shall transmit the results of the assessment conducted under this subsection to Congress not later than 1 year after the date of enactment of this Act [].
“(c) Earth Science Teaching Materials.—
“(1) Definitions.—
In this subsection:
“(A) Local educational agency.—
The term ‘local educational agency’ has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7801].
“(B) School.—
The term ‘school’ means a nonprofit institutional day or residential school that provides education for any of the grades kindergarten through grade 12.
“(2) Teaching materials.—
In a manner consistent with the requirement under section 5(b)(4) [now 5(b)(4)(A)] of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704(b)(4)[(A)]) and subject to a merit based competitive process, the Director of the National Science Foundation may use funds made available to him or her under section 12(c) of such Act (42 U.S.C. 7706(c)) to develop, and make available to schools and local educational agencies for use by schools, at a minimal cost, earth science teaching materials that are designed to meet the needs of elementary and secondary school teachers and students.
“(d) Improved Seismic Hazard Assessment.—
“(1) In general.—
As soon as practicable after the date of enactment of this Act [], the Director shall conduct a project to improve the seismic hazard assessment of seismic zones.
“(2) Reports.—
“(A) In general.—
Not later than 1 year after the date of enactment of this Act, and annually during the period of the project, the Director shall prepare, and submit to Congress, a report on the findings of the project.
“(B) Final report.—
Not later than 60 days after the date of termination of the project conducted under this subsection, the Director shall prepare and submit to Congress a report concerning the findings of the project.
“(e) Study of National Earthquake Emergency Training Capabilities.—
“(1) In general.—
The Director of the Federal Emergency Management Agency shall conduct an assessment of the need for additional Federal disaster-response training capabilities that are applicable to earthquake response.
“(2) Contents of assessment.—
The assessment conducted under this subsection shall include—
“(A) a review of the disaster training programs offered by the Federal Emergency Management Agency at the time of the assessment;
“(B) an estimate of the number and types of emergency response personnel that have, during the period beginning on and ending on , sought the training referred to in subparagraph (A), but have been unable to receive that training as a result of the oversubscription of the training capabilities of the Federal Emergency Management Agency; and
“(C) a recommendation on the need to provide additional Federal disaster-response training centers.
“(3) Report.—
Not later than 180 days after the date of enactment of this Act [], the Director shall prepare and submit to Congress a report that addresses the results of the assessment conducted under this subsection.”
Studies on Economic Impact of Catastrophic Earthquakes and Improving Earthquake Mitigation
Pub. L. 101–614, § 14, , 104 Stat. 3242, directed Director of Federal Emergency Management Agency to submit two reports to Congress within 12 months after , one report outlining results of a study on impact and repercussions of a catastrophic earthquake on local, regional, and national economies, and the other report outlining results of a study on adequacy of preparation and response capabilities for reducing and recovering from losses caused by a catastrophic earthquake.
Earthquake Engineering Research
Pub. L. 100–570, title I, § 115, , 102 Stat. 2871, directed National Academy of Sciences to conduct a study of earthquake engineering activities being carried out by the Foundation and other Federal agencies under the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), such study to include (1) an assessment of adequacy of each agency’s current Federal earthquake engineering efforts, including those designed to increase the implementation of new techniques; the need for specialized research facilities, including large-scale facilities; the division of responsibilities among the various Federal agencies; and recommended levels of funding that the Foundation and other agencies should provide, in the form of grants to individuals, groups, and centers, to non-Federal researchers principally engaged in earthquake engineering research; and (2) recommendations, if any, of the National Academy of Sciences for improvements in the current Federal efforts in the area of earthquake engineering research, with results of the study to be reported to Congress on or before expiration of 12-month period following .
Executive Documents
Executive Order No. 12699
Ex. Ord. No. 12699, , 55 F.R. 835, as amended by Ex. Ord. No. 13286, § 40, , 68 F.R. 10626, which related to seismic safety of Federal and federally assisted or regulated new building construction, was revoked by Ex. Ord. No. 13717, § 5, , 81 F.R. 6409, set out below.
Ex. Ord. No. 13717. Establishing a Federal Earthquake Risk Management Standard
Ex. Ord. No. 13717, , 81 F.R. 6407, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Earthquake Hazards Reduction Act of 1977, as amended, and section 121(a) of title 40, United States Code, and to improve the Nation’s resilience to earthquakes, I hereby direct the following:
Section 1. Policy. It is the policy of the United States to strengthen the security and resilience of the Nation against earthquakes, to promote public safety, economic strength, and national security. To that end, the Federal Government must continue to take proactive steps to enhance the resilience of buildings that are owned, leased, financed, or regulated by the Federal Government. When making investment decisions related to Federal buildings, each executive department and agency (agency) responsible for implementing this order shall seek to enhance resilience by reducing risk to the lives of building occupants and improving continued performance of essential functions following future earthquakes. The Federal Government recognizes that building codes and standards primarily focus on ensuring minimum acceptable levels of earthquake safety for preserving the lives of building occupants. To achieve true resilience against earthquakes, however, new and existing buildings may need to exceed those codes and standards to ensure, for example, that the buildings can continue to perform their essential functions following future earthquakes. Agencies are thus encouraged to consider going beyond the codes and standards set out in this order to ensure that buildings are fully earthquake resilient.
Sec. 2. Requirements for Earthquake Safety of New Federal Buildings, Improvements to Existing Federal Buildings, and Federally Leased, Financed, or Regulated Buildings.
(a) New Buildings and Alterations to Existing Buildings. Each agency responsible for the design and construction of a new building or an alteration to an existing building shall ensure that the building is designed, constructed, or altered, respectively, in accord with appropriate earthquake-resistant design and construction codes and standards as set forth in sections 3(a) and 3(b) of this order.
(b) Space Leased for Federal Occupancy. Each agency responsible for the lease of a building shall, to the extent permitted by law, ensure that it leases only buildings that have been designed and constructed in accord with the appropriate earthquake-resistant design and construction standards that apply to the type of lease at issue, as set forth in section 3(c) of this order.
(c) Federal Assistance Programs. Each agency assisting in the financing, through Federal grants or loans, or guaranteeing the financing, through loan or mortgage insurance programs, of a newly constructed building shall consider updating its procedures for providing the assistance to be consistent with section 3(a) of this order, to assure appropriate consideration of earthquake safety.
(d) Federally Regulated Buildings. Each agency with responsibility for regulating the structural safety of a new building shall consider using earthquake-resistant design and construction standards for the new building consistent with section 3(a) of this order.
Sec. 3. Codes, Standards, and Concurrent Requirements. (a) Commencing within 90 days after the date of this order, each agency shall ensure that every new building for which the agency has not started programming is in compliance with the earthquake-resistant design provisions of the 2015 editions of the International Building Code (IBC) or the International Residential Code (IRC), nationally recognized building codes promulgated by the International Code Council (ICC), or equivalent codes, consistent with the provisions of and to the extent required by 40 U.S.C. 3312. When the ICC releases a new version of the IRC or IBC, each agency that constructs buildings shall determine whether the new version is a nationally recognized code for the purposes of 40 U.S.C. 3312(b), as expeditiously as practicable, but not later than 2 years after the release of the new version. If an agency determines that a new version is a nationally recognized code, it shall ensure that any building, for which the agency has not started programming, shall be in compliance with that new version or an equivalent code.
(b) Each agency that owns an existing Federal building shall adopt the Standards of Seismic Safety for Existing Federally Owned and Leased Buildings (Standards), which are developed, issued, and maintained by the Interagency Committee on Seismic Safety in Construction (ICSSC), as the minimum level acceptable for managing the earthquake risks in that building. Any agency that has not adopted the Standards at the time of this order shall adopt the Standards no later than 90 days from the date of this order. All agencies shall adopt subsequent editions of the Standards as expeditiously as practicable, but no later than 2 years following their issuance.
(c) Each agency that leases space in an existing building shall adopt the Standards as the minimum level acceptable for managing the earthquake risks in that building. This requirement shall apply to existing leases or leases existing at the time of issuance of updated Standards only to the extent appropriate, as determined by the leasing agency. With respect to leases for a building being constructed to accommodate a Federal agency under the authority in 40 U.S.C. 585(a), the leasing agency shall ensure that the building complies with the earthquake-resistant design and construction standards that would apply to a building constructed by the agency pursuant to section 3(a) of this order. With respect to such leases entered into under authority other than 40 U.S.C. 585(a), the leasing agency shall ensure that the building complies with the earthquake-resistant design and construction standards that would apply to a building constructed by the agency pursuant to section 3(a) of this order, to the extent permitted by law.
(d) Agencies may require higher performance levels than exist in the codes and standards described in sections 3(a), (b), and (c) of this order.
Sec. 4. Agency and Committee Responsibilities. (a) The ICSSC shall be composed of representatives of all Federal agencies engaged in construction, financing of construction, or related activities. The National Earthquake Hazards Reduction Program (NEHRP) Lead Agency, currently the National Institute of Standards and Technology (NIST), shall lead the ICSSC, and shall lead the development and maintenance of ICSSC guidelines to assist the Federal agencies with implementing earthquake risk reduction measures in their construction programs.
(b) Agencies whose activities are covered by this order shall designate one or more Seismic Safety Coordinator(s) to serve as focal points for the agency’s compliance with this order and to participate in the ICSSC as appropriate. Within 30 days of the date of this order, each agency shall identify its Seismic Safety Coordinator(s) to the Director of NIST.
(c) The Director of NIST, on behalf of the ICSSC, shall issue implementing guidelines to assist agency compliance with this order within 8 months of the date of this order. The implementing guidelines shall provide specific guidance, including guidance about the roles and responsibilities of the agencies under section 2 of this order. The implementing guidelines shall also describe the responsibilities and necessary qualifications of the Seismic Safety Coordinator.
(d) The Director of NIST, on behalf of the ICSSC, shall provide assistance in interpreting the implementing guidelines to the Federal departments and agencies.
(e) The ICSSC shall publish updated Standards for assessing and enhancing the earthquake resilience of existing buildings as required by this order. The ICSSC shall review and update the Standards as needed to comply with this order at the maximum interval of every 6 years. Participation in the ICSSC shall continue to be open to all agencies with programs affected by this order. The Director of NIST shall provide support for the secretariat of the ICSSC and determine the frequency and scope of the ICSSC meetings as necessary to support this order.
(f) Agencies whose activities are covered by this order shall submit biennial reports to the Director of the Office of Management and Budget (OMB) and the Director of NIST on their progress in implementing the order, commencing 2 years from the date of this order.
(g) Agency compliance shall be summarized in the NEHRP reports to the Congress.
Sec. 5. Revocation. Executive Order 12699 of (Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction), as amended, and Executive Order 12941 of (Seismic Safety of Existing Federally Owned or Leased Buildings) are hereby revoked.
Sec. 6. Definitions. As used in this order:
(a) “building” means any structure, fully or partially enclosed, used or intended for sheltering persons or property;
(b) “alteration to an existing building” means an action that alters, as defined in 40 U.S.C. 3301(a)(1), a building and that significantly extends the building’s useful life and totals more than the replacement values established in the Standards for the building’s assigned Seismic Design Category; and
(c) “programming” means developing and validating project assumptions, scope, budgets, and implementation strategy for a building.
Sec. 7. Exemption Authority. (a) The head of an agency may exempt a building from sections 2 and 3 of this order:
(i) to the extent the head of an agency determines that exempting such building is substantially related to an important law enforcement purpose; or
(ii) to the extent the head of an agency determines that exempting such building is necessary to address an extraordinary circumstance relating to national security or public safety.
(b) Even when otherwise eligible for an exemption under this section, each agency shall strive to comply with the purposes, goals, and requirements set forth in this order to the maximum extent practicable.
(c) If the head of an agency issues an exemption under this section, the agency must notify the Director of OMB in writing within 30 days of issuance of the exemption under this subsection.
Sec. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) Nothing in this order shall apply to assistance provided for emergency work essential to save lives and protect property and public health and safety, performed pursuant to agencies’ statutory authorities, and sections 402, 403, 502, and 503 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the “Stafford Act”) (42 U.S.C. 5170a, 5170b, 5192, and 5193), or for temporary housing assistance programs and individual and family grants performed pursuant to section 408 of the Stafford Act (42 U.S.C. 5174). This order shall, however, apply to other provisions of the Stafford Act after a Presidentially declared major disaster or emergency when assistance actions involve new construction or alterations to an existing building.
(e) This order applies only to buildings within the United States and its territories and possessions.
Barack Obama.
Credits
1977–2022 · 12 acts
- 1977Pub. L. 95–124, § 5, , 91 Stat. 1099
- 1980Pub. L. 96–472, title I, § 101, , 94 Stat. 2257
- 1985Pub. L. 99–105, §§ 5, 6, , 99 Stat. 475
- 1988Pub. L. 100–252, § 2, , 102 Stat. 18
- 1988Pub. L. 100–418, title V, § 5115(c), , 102 Stat. 1433
- 1988Pub. L. 100–707, title I, § 109(u), , 102 Stat. 4710
- 1990Pub. L. 101–614, § 5, , 104 Stat. 3232
- 1997Pub. L. 105–47, § 3, , 111 Stat. 1162
- 2000Pub. L. 106–503, title II, §§ 206, 208, , 114 Stat. 2307
- 2004Pub. L. 108–360, title I, § 103, , 118 Stat. 1669
- 2018Pub. L. 115–307, §§ 2(c)(1)(B), 3(a)–(b)(4)(A), (c)–(f), 8(a)(1), (c), , 132 Stat. 4409–4413, 4417
- 2022Pub. L. 117–286, § 4(a)(271), , 136 Stat. 4335.
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(Pub. L. 95–124, § 5, , 91 Stat. 1099; Pub. L. 96–472, title I, § 101, , 94 Stat. 2257; Pub. L. 99–105, §§ 5, 6, , 99 Stat. 475; Pub. L. 100–252, § 2, , 102 Stat. 18; Pub. L. 100–418, title V, § 5115(c), , 102 Stat. 1433; Pub. L. 100–707, title I, § 109(u), , 102 Stat. 4710; Pub. L. 101–614, § 5, , 104 Stat. 3232; Pub. L. 105–47, § 3, , 111 Stat. 1162; Pub. L. 106–503, title II, §§ 206, 208, , 114 Stat. 2307; Pub. L. 108–360, title I, § 103, , 118 Stat. 1669; Pub. L. 115–307, §§ 2(c)(1)(B), 3(a)–(b)(4)(A), (c)–(f), 8(a)(1), (c), , 132 Stat. 4409–4413, 4417; Pub. L. 117–286, § 4(a)(271), , 136 Stat. 4335.)