[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3606 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
2d Session
S. 3606
_______________________________________________________________________
AN ACT
To reauthorize the Earthquake Hazards Reduction Act of 1977, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Earthquake Hazards
Reduction Program Reauthorization Act of 2024''.
SEC. 2. MODIFICATION OF FINDINGS.
Section 2 of the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701) is amended--
(1) in paragraph (1)--
(A) by striking ``50 States, and the Commonwealth
of Puerto Rico,'' and inserting ``States and Tribal
jurisdictions'';
(B) by striking ``of them'' and inserting
``States''; and
(C) by adding at the end the following: ``Almost
half of the United States population resides in areas
that are at risk or experiencing a damaging earthquake
during the 50-year period beginning on the date of the
enactment of the National Earthquake Hazards Reduction
Program Reauthorization Act of 2024'';
(2) in paragraph (2)--
(A) by inserting after the first sentence the
following: ``A 2023 report by the Federal Emergency
Management Agency and the United States Geological
Survey (FEMA P-366) estimates the annualized earthquake
losses to the national building stock is
$14,700,000,000 per year and the total economic
exposure to earthquake losses (buildings and contents)
across the nation is $107,800,000,000,000.''; and
(B) in the third sentence--
(i) by striking ``and construction'' and
inserting ``, construction, evaluation, and
retrofitting'';
(ii) by striking ``and (E)'' and inserting
the following: ``(E) inventories of buildings
and infrastructure with high seismic risk,
especially those that are critical to community
resilience, (F) programs that require or
incentivize replacement or retrofit of existing
buildings and infrastructure with high seismic
risk, especially those that are critical to
community resilience, and (G)'';
(3) in paragraph (3), by inserting ``Tribal,'' after
``local,'';
(4) in paragraph (4), by striking ``could provide'' and all
that follows through the period at the end and inserting ``is
necessary to provide the scientific understanding needed to
improve and expand the earthquake early warning system.'';
(5) in paragraph (8), by striking ``cave-ins'' and
inserting ``collapse'';
(6) in paragraph (9)--
(A) in the first sentence, by striking ``and
local'' and inserting ``local, and Tribal government'';
and
(B) in the second sentence, by striking ``transfer
knowledge and information to'' and inserting ``exchange
knowledge and information between''; and
(C) in the third sentence, by striking
``specifications, criteria'' and inserting
``guidelines, codes, standards'';
(7) in paragraph (12)--
(A) in the second sentence--
(i) by striking ``When earthquakes occur,
the built environment is generally'' and
inserting ``Relatively newer buildings and
infrastructure have generally been'';
(ii) by striking ``and is'' and inserting
``when earthquakes occur, but most are''; and
(B) by adding at the end the following: ``In
addition, buildings and infrastructure built to older
codes and standards may pose significant risk of
injury, loss of life, or irreparable damage. A 2021
report submitted to Congress pursuant to section 8(b),
as amended by section 5 of the National Earthquake
Hazards Reduction Program Reauthorization Act of 2018
(Public Law 115-307), by the Federal Emergency
Management Agency and the National Institute of
Standards and Technology (FEMA P2090/NST SP-1254)
provides recommendations for improving post-earthquake
functional recovery time of the built environment to
support community resilience goals and many of these
recommendations still need to be implemented.''; and
(8) in paragraph (13)--
(A) in the first sentence, by inserting ``in 2011''
after ``a study'';
(B) in the second sentence, by inserting ``(in 2011
dollars)'' after ``$300,000,000''; and
(C) by adding at the end the following: ``The cost
of actual seismic retrofits to reduce known risks is
not included in such valuation.''.
SEC. 3. MODIFICATION OF PURPOSE.
Section 3 of the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7702) is amended--
(1) in paragraph (1)--
(A) by striking ``and local'' and inserting ``,
local, and Tribal government''; and
(B) by striking ``locations and structures'' and
inserting ``buildings and infrastructure'';
(2) in paragraph (2)--
(A) by striking ``and construction'' and inserting
``, construction, evaluation, and retrofitting''; and
(B) by inserting ``housing and care facilities for
vulnerable populations,'' after ``occupancy
buildings''; and
(3) in paragraph (4)--
(A) by striking ``and local'' and inserting ``,
local, and Tribal government''; and
(B) by striking ``encourage consideration of'' and
inserting ``incorporate''.
SEC. 4. MODIFICATION OF DEFINITIONS.
Section 4 of the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7703) is amended--
(1) in paragraph (3), by inserting ``, including secondary
effects such as earthquake-caused tsunamis''; and
(2) by adding at the end the following:
``(11) The term `Tribal government' has the meaning given
the term `tribal government' in section in section 421 of the
Congressional Budget Act of 1974 (2 U.S.C. 658).
``(12) The term `functional recovery' means a post-
earthquake performance state in which a building or lifeline
infrastructure system is maintained, or restored, to safely and
adequately support the basic intended functions associated with
the pre-earthquake use or occupancy of a building, or the pre-
earthquake service level of a lifeline infrastructure system.
``(13) The term `earthquake forecast' means a statement of
probabilities that 1 or more earthquakes within a clearly
specified magnitude range may occur within a specified time
interval and geographic region.''.
SEC. 5. IMPROVEMENTS TO NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM.
(a) Program Activities.--Subsection (a)(2) of section 5 of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704) is amended--
(1) in subparagraph (B)--
(A) in the matter before clause (i)--
(i) by striking ``and local'' and inserting
``, local, and Tribal''; and
(ii) by striking ``and constructing'' and
inserting ``, designing, constructing,
evaluating, and retrofitting'';
(B) by amending clause (ii) to read as follows:
``(ii) development of standards,
guidelines, and voluntary standards,
guidelines, and consensus codes for earthquake
hazards reduction for buildings, structures,
and lifeline infrastructure, including post-
earthquake recovery-based performance
objectives that address reoccupancy and
downtime of community-prioritized buildings,
structures, and services provided by lifeline
infrastructure;'';
(C) in clause (iii), by striking ``and hazards
reduction; and'' and inserting ``functional recovery,
and other hazards reduction topics;'';
(D) in clause (iv)--
(i) by inserting ``and maintaining'' after
``publishing'';
(ii) by inserting ``in coordination with
the National Tsunami Hazards Mitigation
Program, tsunami susceptibility,'' after
``liquefaction susceptibility,''; and
(iii) by striking ``; and'' and inserting a
semicolon; and
(E) by adding at the end the following:
``(v) subject to the availability of funds,
development of best practices and guidelines to
create an inventory of and conduct seismic
performance evaluations of buildings,
structures, and lifeline infrastructure with
high seismic risk, especially those that are
critical to community resilience; and
``(vi) subject to the availability of
funds, the provision of technical assistance
upon request by a State, local, or Tribal
government regarding--
``(I) the creation of an inventory
of buildings, structures, and lifeline
infrastructure;
``(II) the performance of seismic
performance evaluations; and
``(III) cost-effective best
practices for retrofitting existing
buildings, structures, and lifeline
infrastructure.'';
(2) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(3) by redesignating subparagraph (D) as subparagraph (E);
and
(4) by inserting after subparagraph (C) the following:
``(D) improve the understanding of--
``(i) the multiple hazards associated with
earthquakes, including liquefaction, tsunamis,
landslides, structural fires, and the
compounding effects of climate on these
hazards; and
``(ii) potential mitigation measures for
such hazards; and''.
(b) Duties of Interagency Coordinating Committee on Earthquake
Hazards Reduction.--Subsection (a)(3)(D)(ii) of such section is
amended--
(1) in subclause (V), by inserting ``and associated
secondary hazards'' before the period at the end; and
(2) by adding at the end the following:
``(VIII) Coordinating with the
Chair of the Federal Communications
Commission on the timely broadcasting
of emergency alerts generated by the
earthquake early warning system.''.
(c) Biennial Report.--Subsection (a)(4)(A) of such section is
amended by striking ``under paragraph (3)(D)(i)(I)'' each place it
appears and inserting ``under paragraph (3)(D)(ii)(I)''.
(d) Advisory Committee.--Subsection (a)(5)(A) of such section is
amended--
(1) by inserting ``the Chair of the Scientific Earthquake
Studies Advisory Committee and'' after ``including'';
(2) by striking ``and local government'' and inserting ``,
local, and Tribal governments''; and
(3) by inserting ``social,'' after ``scientific,''.
(e) Lead Agency for Responsibilities of Program Agencies.--
Subsection (b)(1) of such section is amended--
(1) in subparagraph (A)--
(A) by striking ``and local'' and inserting
``local, and Tribal governments''; and
(B) by striking ``plan and constructing'' and
inserting ``planning, designing, constructing,
evaluating, and retrofitting'';
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (F) and (G), respectively; and
(3) by inserting after subparagraph (B) the following:
``(C) improve the understanding of earthquake-
caused fires and support the development of engineering
tools and construction methods that mitigate the risk
of fire following earthquakes;
``(D) develop, in coordination with the
Administrator of the Federal Emergency Management
Agency, best practices and guidelines for a State,
local, or Tribal government to create an inventory of
buildings, structures, or lifeline infrastructure that
are critical to community resilience or otherwise have
high seismic risk;
``(E) provide, in coordination with the
Administrator of the Federal Emergency Management
Agency, technical assistance to a State, local, or
Tribal government requesting such assistance with
respect to the creation of an inventory of buildings,
structures, or lifeline infrastructure;''.
(f) Responsibilities of Federal Emergency Management Agency.--
Subsection (b)(2) of such section is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) by inserting ``and Tribal governments''
after ``States'';
(ii) by inserting ``and performance
evaluations'' after ``safety inspections''; and
(iii) by inserting ``and improve post-
earthquake functional recovery'' after
``seismic safety'';
(B) in clause (ii), by inserting ``, including
Tribal entities,'' after ``appropriate audiences'';
(C) in clause (iii)--
(i) by striking ``of seismic resistant''
and inserting ``to all appropriate audiences,
including Tribal governments, of''; and
(ii) by inserting ``that enhance seismic
safety, improve post-earthquake functional
recovery, and reduce losses from earthquakes''
after ``and lifeline infrastructure'';
(D) in clause (iv)--
(i) in striking ``and local'' and inserting
``, local, and Tribal''; and
(ii) by striking ``; and'' and inserting a
semicolon;
(E) by redesignating clause (v) as clause (vi); and
(F) by inserting after clause (iv) the following:
``(v) shall provide technical assistance to
State, local, or Tribal governmental entities
in the creation of evacuation plans in the
event of an earthquake, landslide, tsunami, or
other earthquake-related hazard; and''; and
(2) in subparagraph (B)--
(A) in the subparagraph heading, by inserting ``and
tribal'' after ``State'';
(B) in the matter before clause (i), by inserting
``or Tribal government'' after ``State''; and
(C) in clause (i), by striking ``safety'' and
inserting ``performance, community resilience, or
public awareness''.
(g) Responsibilities of United States Geological Survey.--
Subsection (b)(3) of such section is amended--
(1) in subparagraph (B), by striking ``and local'' and
inserting ``, local, and Tribal'';
(2) in subparagraph (C), by inserting ``, the Chair of the
Federal Communications Commission,'' after ``Agency'';
(3) by redesignating subparagraphs (D) through (K) as
subparagraphs (L) through (Q), respectively;
(4) by inserting after subparagraph (C) the following:
``(D) coordinate with the Administrator of the
National Oceanic and Atmospheric Administration and the
Administrator of the Federal Emergency Management
Agency on data sharing and resource allocation to
support a timely response to oceanic earthquakes and
tsunamis;
``(E) in consultation with the Chair of the Federal
Communications Commission, ensure that earthquake
alerts and early warnings are broadcast as rapidly and
reliably as possible, in the predominant languages in
the affected region, to ensure maximum warning time for
nearby persons;
``(F) expand the earthquake early warning system
within and to additional high risk hazard areas,
including making improvements as practicable to improve
detection and increase the time between warning
messages and perceptible ground motion;
``(G) coordinating with affected State and Tribal
governments on earthquake early warning system
improvements;
``(H) issue earthquake forecasts, when appropriate,
for aftershocks associated with significant earthquakes
in the United States;'';
(5) in subparagraph (I), as redesignated by paragraph (3),
by inserting ``the Chair of the Federal Communications
Commission,'' after