[United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 115-307
115th Congress

An Act


 
To reauthorize and amend the National Earthquake Hazards Reduction
Program, and for other purposes. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE.

This Act may be cited as the ``National Earthquake Hazards Reduction
Program Reauthorization Act of 2018''.
SEC. 2. MODIFICATION OF FINDINGS AND PURPOSE.

(a) Findings.--Section 2 of the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7701) is amended--
(1) in paragraph (1)--
(A) by inserting ``, and the Commonwealth of Puerto
Rico,'' after ``States'';
(B) by inserting ``Oregon,'' after ``New York,'';
and
(C) by inserting ``Tennessee,'' after ``South
Carolina'';
(2) in paragraph (2), by striking ``prediction techniques
and'';
(3) by striking paragraph (4) and inserting the following:
``(4) A well-funded seismological research program could
provide the scientific understanding needed to fully implement
an effective earthquake early warning system.'';
(4) in paragraphs (6) and (7), by striking ``lifelines''
each place it appears and inserting ``lifeline infrastructure'';
and
(5) by adding at the end the following:
``(12) The built environment has generally been constructed
and maintained to meet the needs of the users under normal
conditions. When earthquakes occur, the built environment is
generally designed to prevent severe injuries or loss of human
life and is not expected to remain operational or able to
recover under any specified schedule.
``(13) The National Research Council published a study on
reducing hazards and risks associated with earthquakes based on
the goals and objectives for achieving national earthquake
resilience described in the strategic plan entitled `Strategic
Plan for the National Earthquake Hazards Reduction Program'. The
study and an accompanying report called for work in 18 tasks
focused on research, preparedness, and mitigation and annual
funding of approximately $300,000,000 per year for 20 years.''.

(b) Purpose.--Section 3 of such Act (42 U.S.C. 7702) is amended--

[[Page 4409]]

(1) in the matter preceding paragraph (1), in the first
sentence, by inserting ``and increase the resilience of
communities'' after ``future earthquakes'';
(2) in paragraph (1), by inserting ``to individuals and the
communities'' after ``an earthquake'';
(3) in paragraph (2), by striking ``in time of disaster''
and inserting ``to facilitate community-wide post-earthquake
recovery and in times of disaster'';
(4) in paragraph (3), by striking ``for predicting damaging
earthquakes and'';
(5) in paragraph (4), by inserting ``and planning'' after
``model building''; and
(6) in paragraph (5), by striking ``reconstruction'' and
inserting ``re-occupancy, recovery, reconstruction,''.

(c) Definitions.--
(1) Lifeline infrastructure.--
(A) In general.--Section 4(6) of such Act (42 U.S.C.
7703(6)) is amended by striking ``lifelines'' and
inserting ``lifeline infrastructure''.
(B) Conforming amendment.--Such Act (42 U.S.C. 7701
et seq.) is amended by striking ``lifelines'' each place
it appears and inserting ``lifeline infrastructure''.
(2) Community resilience.--Section 4 of such Act (42 U.S.C.
7703) is amended by adding at the end the following:
``(10) The term `community resilience' means the ability of
a community to prepare and plan for, absorb, recover from, and
more successfully adapt to adverse seismic events.''.
SEC. 3. MODIFICATION OF NATIONAL EARTHQUAKE HAZARDS REDUCTION
PROGRAM.

(a) Modification of Program Activities.--Subsection (a)(2) of
section 5 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7704) is amended--
(1) in subparagraph (B)--
(A) in clause (iii), by inserting ``, community
resilience,'' after ``seismic risk''; and
(B) by adding at the end the following:
``(iv) <>
publishing a systematic set of maps of active
faults and folds, liquefaction susceptibility,
susceptibility for earthquake induced landslides,
and other seismically induced hazards; and''; and
(2) in subparagraph (D), by striking ``develop, operate''
and all that follows through ``7708),'' and inserting ``continue
the development of the Advanced National Seismic System,
including earthquake early warning capabilities''.

(b) Amendments Relating to Interagency Coordinating Committee on
Earthquake Hazards Reduction.--
(1) Clarification regarding membership.--Subparagraph (B) of
subsection (a)(3) of such section is amended, in the matter
preceding clause (i), by striking ``The committee'' and
inserting ``In addition to the Director, the committee''.
(2) Reduction in minimum frequency of meetings of
interagency coordinating committee on earthquake hazards
reduction.--Subparagraph (C) of such subsection is amended by
striking ``not less than 3 times a year'' and inserting ``not
less frequently than once each year''.

[[Page 4410]]

(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).''.

[[Page 4411]]

(4) Reduction in frequency of reporting by interagency
coordinating committee on earthquake hazards reduction.--
(A) In general.--Subsection (a)(4) of such section
is amended--
(i) in the paragraph heading, by striking
``Annual'' and inserting ``Biennial'';
(ii) by redesignating subparagraphs (A)
through (F) as clauses (i) through (vi),
respectively, and adjusting the indentation of the
margin of such clauses, as so redesignated, two
ems to the right;
(iii) in clause (v), as so redesignated, by
striking ``; and'' and inserting a semicolon;
(iv) in clause (vi), as so redesignated, by
striking the period at the end and inserting ``;
and'';
(v) by inserting after clause (vi), as so
redesignated, the following:
``(vii) a statement regarding whether the
Administrator of the Federal Emergency Management
Agency has lowered or waived the cost share
requirement for assistance provided under
subsection (b)(2)(A)(i).'';
(vi) in the matter preceding clause (i), as so
redesignated, by striking ``The Interagency'' and
all that follows through ``Senate'' and inserting
the following:
``(A) In general.--Not less frequently than once
every two years, the Interagency Coordinating Committee
shall submit to the Committee on Commerce, Science, and
Transportation, the Committee on Energy and Natural
Resources, and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Science, Space, and Technology, the Committee on Energy
and Commerce, the Committee on Natural Resources, and
the Committee on Homeland Security of the House of
Representatives a report on the Program''; and
(vii) by adding at the end the following:
``(B) <>  Support for preparation
of report.--Each head of a Program agency shall submit
to the Director of the National Institute of Standards
and Technology such information as the Director may
request for the preparation of a report under
subparagraph (A) not later than 90 days after the date
on which the Director requests such information.''.
(B) <>  Effective date.--
The amendments made by subparagraph (A) shall take
effect on the first day of the first fiscal year
beginning after the date of the enactment of this Act.

(c) Modification of Responsibilities of National Institute of
Standards and Technology.--Subsection (b) of such section is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and
constructing,'' and inserting ``constructing,
evaluating, and retrofitting''; and
(B) in subparagraph (D), by inserting ``provide new
and'' after ``research to''; and

[[Page 4412]]

(2) in paragraph (5), in the matter preceding subparagraph
(A), in the first sentence, by inserting ``community resilience
through'' after ``improve''.

(d) Modification of Responsibilities of Federal Emergency Management
Agency.--Paragraph (2) of subsection (b) of such section is amended to
read as follows:
``(2) Department of homeland security; federal emergency
management agency.--
``(A) Program responsibilities.--The Administrator
of the Federal Emergency Management Agency--
``(i) <>  shall operate a
program of grants and assistance to enable States
to develop mitigation, preparedness, and response
plans, purchase necessary instrumentation, prepare
inventories and conduct seismic safety inspections
of critical structures and lifeline
infrastructure, update building, land use
planning, and zoning codes and ordinances to
enhance seismic safety, increase earthquake
awareness and education, and provide assistance to
multi-State groups for such purposes;
``(ii) shall support the implementation of a
comprehensive earthquake education, outreach, and
public awareness program, including development of
materials and their wide dissemination to all
appropriate audiences and support public access to
locality-specific information that may assist the
public in preparing for, mitigating against,
responding to and recovering from earthquakes and
related disasters;
``(iii) <>  shall, in
conjunction with the Director of the National
Institute of Standards and Technology, other
Federal agencies, and private sector groups, use
research results to support the preparation,
maintenance, and wide dissemination of seismic
resistant design guidance and related information
on building codes, standards, and practices for
new and existing buildings, structures, and
lifeline infrastructure, aid in the development of
performance-based design guidelines and
methodologies, and support model codes that are
cost effective and affordable in order to promote
better practices within the design and
construction industry and reduce losses from
earthquakes;
``(iv) <>  shall enter into
cooperative agreements or contracts with States
and local jurisdictions and other Federal agencies
to establish demonstration projects on earthquake
hazard mitigation, to link earthquake research and
mitigation efforts with emergency management
programs, or to prepare educational materials for
national distribution; and
``(v) shall support the Director of the
National Institute of Standards and Technology in
the completion of programmatic goals.
``(B) State assistance program criteria.--In order
to qualify for assistance under subparagraph (A)(i), a
State must--
``(i) demonstrate that the assistance will
result in enhanced seismic safety in the State;

[[Page 4413]]

``(ii) provide 25 percent of the costs of the
activities for which assistance is being given,
except that the Administrator may lower or waive
the cost-share requirement for these activities
for a small impoverished community, as defined in
section 203 of the Disaster Relief Act of 1974 (42
U.S.C. 5133(a)); and
``(iii) meet such other requirements as the
Administrator shall prescribe.''.

(e) Modification of Responsibilities of United States Geological
Survey.--Subsection (b)(3) of such section is amended--
(1) in the matter preceding subparagraph (A), in the first
sentence--
(A) by inserting ``report on significant domestic
and international earthquakes and'' after ``Survey
shall''; and
(B) by striking ``predictions.'' and inserting
``forecasts.'';
(2) in subparagraph (C), by striking ``predictions,
including aftershock advisories'' and inserting ``alerts and
early warnings'';
(3) by striking subparagraph (D) and inserting the
following:
``(D) <>  issue when necessary
and feasible, and notify the Administrator of the
Federal Emergency Management Agency, the Director of the
National Institute of Standards and Technology, and
State and local officials, an alert and an earthquake
warning;'';
(4) in subparagraph (E), in the matter preceding clause (i),
by striking ``using'' and inserting ``including'';
(5) in subparagraph (I), by striking ``; and'' and inserting
a semicolon;
(6) in subparagraph (J)--
(A) by inserting ``and data'' after ``hazard maps'';
and
(B) by striking the period at the end and inserting
``; and''; and
(7) by adding at the end the following:
``(K) support the Director of the National Institute
of Standards and Technology in the completion of
programmatic goals.''.

(f) Modification of Responsibilities of National Science
Foundation.--Subsection (b)(4) of such section is amended--
(1) in subparagraph (B), by inserting ``, State agencies,
State geological surveys,'' after ``consortia'';
(2) in subparagraph (C), by inserting ``to support applied
science in the production of a systematic series of earthquake-
related geologic hazard maps, and'' after ``Survey'';
(3) in subparagraph (D), by striking ``large-scale
experimental and computational facilities of the George E. Brown
Jr. Network for Earthquake Engineering Simulation and other
institutions engaged in research and the implementation of the
National Earthquake Hazards Reduction Program'' and inserting
``experimental and computational facilities'';
(4) in subparagraph (G), by striking ``; and'' and inserting
a semicolon;
(5) in subparagraph (H), by striking the period at the end
and inserting ``; and'';
(6) by adding at the end the following:

[[Page 4414]]

``(I) support the Director of the National Institute
of Standards and Technology in the completion of
programmatic goals.'';
(7) by redesignating subparagraphs (A) through (I) as
clauses (i) through (ix), respectively, and indenting such
clauses accordingly;
(8) in the matter before clause (i), as redesignated by
paragraph (7), in the first sentence, by striking ``The National
Science Foundation'' and inserting the following:
``(A) In general.--The National Science
Foundation''; and
(9) by adding at the end the following:
``(B) Identification of funding.--The National
Science Foundation shall--
``(i) to the extent practicable, note in any
notice of Program funding or other funding
possibilities under the Program that the funds are
part of the Program;
``(ii) to the extent practicable, track the
awarding of Federal funds through the Program; and
``(iii) <>  not less
frequently than once every 2 years, submit to the
director of the Program a report specifying the
amount of Federal funds awarded to conduct
research that enhances the understanding of
earthquake science.''.
SEC. 4. REVIEW OF THE NATIONAL EARTHQUAKE HAZARD REDUCTION
PROGRAM.

(a) <>  In General.--As soon as practicable, but
not later than such date as is necessary for the Comptroller General of
the United States to submit the report required by subsection (c) in
accordance with such subsection, the Comptroller General shall complete
a review of Federal earthquake hazard risk reduction efforts.

(b) Elements.--The review conducted under subsection (a) shall
include the following:
(1) <>  A comprehensive assessment of--
(A) the extent to which the United States Geological
Survey has identified the risks and hazards to the
United States posed by earthquakes, including risks and
hazards resulting from tsunamis and landslides that are
generated by earthquakes;
(B) the efforts of the Federal Emergency Management
Agency and the National Institute of Standards and
Technology to improve the resilience of the United
States to earthquakes and to identify important gaps in
the resilience of the United States to earthquakes;
(C) the progress made by the National Institute of
Standards and Technology and the Interagency
Coordinating Committee (as defined in section 4 the
Earthquake Hazards Reduction Act of 1977 of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7703)) to coordinate effectively the budget and
activities of the Program agencies (as defined in such
section 4) in advancing the plans and goals of the
Program (as defined in such section 4) and how
coordination among the Program agencies may be improved;
(D) the extent to which the results of research in
earthquake risk and hazards reduction supported by the

[[Page 4415]]

National Science Foundation during the 40 years of the
Program has been effectively disseminated to Federal,
State, local, and private sector stakeholders; and
(E) the extent to which the research done during the
40 years of the Program has been applied to both public
and private earthquake risk and hazards reduction.
(2) <>  Recommendations to improve
the Program and the resiliency of the United States to
earthquake risks.

(c) Report.--As soon as practicable, but not later than 3 years
after the date of the enactment of this Act, the Comptroller General
shall submit to the Committee on Commerce, Science, and Transportation,
the Committee on Energy and Natural Resources, and the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Science, Space, and Technology, the Committee on Natural
Resources, and the Committee on Homeland Security of the House of
Representatives a report on the findings of the Comptroller General with
respect to the review completed under subsection (a).
SEC. 5. SEISMIC STANDARDS.

Section 8 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7705b) is amended to read as follows:
``SEC. 8. SEISMIC STANDARDS.

``(a) <>  Assessment and Recommendations.--Not
later than December 1, 2019, the Director of the National Institute of
Standards and Technology and the Administrator of the Federal Emergency
Management Agency shall jointly convene a committee of experts from
Federal agencies, nongovernmental organizations, private sector
entities, disaster management professional associations, engineering
professional associations, and professional construction and
homebuilding industry associations, to assess and recommend options for
improving the built environment and critical infrastructure to reflect
performance goals stated in terms of post-earthquake reoccupancy and
functional recovery time.

``(b) Report to Congress.--Not later than June 30, 2020, the
committee convened under paragraph (1) shall submit to the Committee on
Commerce, Science, and Transportation, the Committee on Energy and
Natural Resources, and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Science, Space,
and Technology, the Committee on Natural Resources, and the Committee on
Homeland Security of the House of Representatives a report on
recommended options for improving the built environment and critical
infrastructure to reflect performance goals stated in terms of post-
earthquake reoccupancy and functional recovery time.''.
SEC. 6. MANAGEMENT PLAN FOR ADVANCED NATIONAL SEISMIC SYSTEM.

(a) <>  Plan Required.--Not later than 1 year after
the date of the enactment of this Act, the United States Geological
Survey shall submit to Congress a 5-year management plan for the
continued operation of the Advanced National Seismic System.

(b) Elements.--The plan required by subsection (a) shall include the
following:
(1) <>  Strategies to continue the
development of an earthquake early warning system.

[[Page 4416]]

(2) A mechanism for securing the participation of State and
regional level earthquake monitoring entities, including those
defunded by the Advanced National Seismic System in the last
five years.
(3) A plan to encourage and support the integration of
geodetic and geospatial data products into earthquake monitoring
in regions experiencing large earthquakes.
(4) A plan to identify and evaluate existing data sets
available across commercial, civil, and defense entities to
determine if there are additional data sources to inform the
development and deployment of the Advanced National Seismic
System and an earthquake early warning system.
(5) A plan to ensure that there is an active, geographically
diverse, management and advisory structure for the Advanced
National Seismic System.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

Section 12 of the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7706) is amended--
(1) in subsection (a)(8)--
(A) in subparagraph (D), by striking ``and'' at the
end; and
(B) by inserting before the language following
subparagraph (E) the following:
``(F) $8,758,000 for fiscal year 2019,
``(G) $8,758,000 for fiscal year 2020,
``(H) $8,758,000 for fiscal year 2021,
``(I) $8,758,000 for fiscal year 2022, and
``(J) $8,758,000 for fiscal year 2023,'';
(2) in subsection (b)(2)--
(A) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(F) $83,403,000 for fiscal year 2019, of which not
less than $30,000,000 shall be made available for
completion of the Advanced National Seismic System
established under section 7707 of this title;
``(G) $83,403,000 for fiscal year 2020, of which not
less than $30,000,000 shall be made available for
completion of the Advanced National Seismic System
established under section 7707 of this title;
``(H) $83,403,000 for fiscal year 2021, of which not
less than $30,000,000 shall be made available for
completion of the Advanced National Seismic System
established under section 7707 of this title;
``(I) $83,403,000 for fiscal year 2022, of which not
less than $30,000,000 shall be made available for
completion of the Advanced National Seismic System
established under section 7707 of this title; and
``(J) $83,403,000 for fiscal year 2023, of which not
less than $30,000,000 shall be made available for
completion of the Advanced National Seismic System
established under section 7707 of this title.'';
(3) in subsection (c)(2)--
(A) in subparagraph (D), by striking ``and'' at the
end;

[[Page 4417]]

(B) in subparagraph (E), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(F) $54,000,000 for fiscal year 2019,
``(G) $54,000,000 for fiscal year 2020,
``(H) $54,000,000 for fiscal year 2021,
``(I) $54,000,000 for fiscal year 2022, and
``(J) $54,000,000 for fiscal year 2023.''; and
(4) in subsection (d)(2)--
(A) in subparagraph (D), by striking ``and'' at the
end; and
(B) by inserting before the language following
subparagraph (E) the following:
``(F) $5,900,000 for fiscal year 2019,
``(G) $5,900,000 for fiscal year 2020,
``(H) $5,900,000 for fiscal year 2021,
``(I) $5,900,000 for fiscal year 2022, and
``(J) $5,900,000 for fiscal year 2023.''.
SEC. 8. TECHNICAL CORRECTIONS.

(a) Correction of Title of Administrator of the Federal Emergency
Management Agency.--The Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.) is amended--
(1) in section 5 (42 U.S.C. 7704)--
(A) in subsection (a)(3)(B), as amended by section
3(b)(1) of this Act--
(i) in the matter preceding clause (i), by
striking ``the directors of'';
(ii) in clause (i), by inserting ``the
Administrator of'' before ``the''; and
(iii) in clauses (ii) through (v), by
inserting ``the Director of'' before ``the'' each
place it appears; and
(B) in subsection (b)(3)(C), as amended by section
3(e), by striking ``Director of the Federal'' and
inserting ``Administrator of the Federal''; and
(2) in section 9 (42 U.S.C. 7705c), by striking ``Director
of the Agency'' and inserting ``Administrator of the Federal
Emergency Management Agency'' each place it appears.

(b) References to the Advanced National Seismic System.--Such Act is
amended--
(1) in section 13 (42 U.S.C. 7707), in the section heading,
by striking ``advanced national seismic research and monitoring
system'' and inserting ``advanced national seismic system''; and
(2) by striking ``Advanced National Seismic Research and
Monitoring System'' each place it appears and inserting
``Advanced National Seismic System''.

(c) Incorrect Cross-references.--Paragraph (4) of section 5(a) of
such Act (42 U.S.C. 7704(a)), as amended by section 3(b)(4)(A) of this
Act, is amended--
(1) in clauses (i) and (ii) of subparagraph (A), as
redesignated by such section 3(b)(4)(A), by striking
``subparagraph (3)(A)'' both places it appears and inserting
``paragraph (3)(D)(i)(I)''; and

[[Page 4418]]

(2) in clause (iii), as so redesignated, by striking ``under
(3)(A)'' and inserting ``under paragraph (3)(D)(i)(I)''.

Approved December 11, 2018.

LEGISLATIVE HISTORY--S. 1768:
---------------------------------------------------------------------------

SENATE REPORTS: No. 115-336 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 164 (2018):
Sept. 27, considered and passed Senate.
Nov. 27, considered and passed House.