42 U.S.C. § 7704
Section 7704 · National Earthquake Hazards Reduction Program
Current version, with additions and removals from the October 25, 2004 version.
(1) In general
(1) In general
There is established the National Earthquake Hazards Reduction Program.
There is established the National Earthquake Hazards Reduction Program.
(2) Program activities
(2) Program activities
The activities of the Program shall be designed to—
The activities of the Program shall be designed to—
(A) develop effective measures for earthquake hazards reduction;
(A) develop effective measures for earthquake hazards reduction;
(i) grants, contracts, cooperative agreements, and technical assistance;
(i) grants, contracts, cooperative agreements, and technical assistance;
(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 1
(D) 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, and the Global Seismographic Network.
(D) continue the development of the Advanced National Seismic System, including earthquake early warning capabilities and the Global Seismographic Network.
(3) Interagency Coordinating Committee on Earthquake Hazards Reduction
(3) Interagency Coordinating Committee on Earthquake Hazards Reduction
(A) In general
(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”).
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
(B) Membership
(C) Meetings
(C) Meetings
(D) Purpose and duties
(D) Duties
(i) General duty
(ii) Specific duties
The duties of the Interagency Coordinating Committee include the following:
(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).
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) 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—
(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).
(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.
(5) Advisory Committee
(5) Advisory Committee
(A) In general
(A) In general
(B) Assessment
(B) Assessment
The Advisory Committee shall assess—
The Advisory Committee shall assess—
(i) trends and developments in the science and engineering of earthquake hazards reduction;
(i) trends and developments in the science and engineering of earthquake hazards reduction;
(iii) the need to revise the Program; and
(iii) the need to revise the Program; and
(iv) the management, coordination, implementation, and activities of the Program.
(iv) the management, coordination, implementation, and activities of the Program.
(C) Report
(C) Report
Not later than 1 year after October 25, 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.
Not later than 1 year after October 25, 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
(D) Application of chapter 10 of title 5
(1) Lead agency
(1) 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—
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—
(B) 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;
(B) 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;
(C) request the assistance of Federal agencies other than the Program agencies, as necessary to assist in carrying out this chapter; and
(C) request the assistance of Federal agencies other than the Program agencies, as necessary to assist in carrying out this chapter; and
(2) Department of Homeland Security; Federal Emergency Management Agency
(2) Department of Homeland Security; Federal Emergency Management Agency
(A) Program responsibilities
(A) Program responsibilities
(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;
(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
(v) shall support the Director of the National Institute of Standards and Technology in the completion of programmatic goals.
(B) State assistance program criteria
(B) State assistance program criteria
In order to qualify for assistance under subparagraph (A)(i), a State must—
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;
(i) demonstrate that the assistance will result in enhanced seismic safety in the State;
(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 chapter 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 chapter 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
(3) United States Geological Survey
(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;
(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;
(B) work with officials of State and local governments to ensure that they are knowledgeable about the specific seismic risks in their areas;
(D) 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;
(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;
(i) promote the exchange of information on earthquake research and earthquake preparedness between the United States and other nations;
(i) promote the exchange of information on earthquake 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;
(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 earthquake preparedness programs; and
(iii) answer requests from other nations for information on United States earthquake research and earthquake preparedness programs; and
(iv) direct foreign requests to the agency involved in the Program which is best able to respond to the request;
(iv) direct foreign requests to the agency involved in the Program which is best able to respond to the request;
(F) operate a National Seismic System;
(F) operate a National Seismic System;
(K) support the Director of the National Institute of Standards and Technology in the completion of programmatic goals.
(4) National Science Foundation
(4) National Science Foundation
(A) 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—
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—
(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.
(5) National Institute of Standards and Technology
(A) work closely with national standards and model building code organizations, in conjunction with the Agency, to promote the implementation of research results;
(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;
(B) promote better building practices among architects and engineers;
(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
(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
(E) 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.
(E) 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.
(1) Guidance
(1) 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.
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.
(2) Reports
(2) Reports
Each Program agency shall include with its annual request for appropriations submitted to the Office of Management and Budget a report that—
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;
(A) identifies each element of the proposed Program activities of the agency;
(B) specifies how each of these activities contributes to the Program; and
(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.
(C) states the portion of its request for appropriations allocated to each element of the Program.