US (United States) Code. Title 42. Chapter 86: Earthquake Hazards Reduction

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION

-HEAD-

CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION

-MISC1-

Sec.

7701. Congressional findings.

7702. Congressional statement of purpose.

7703. Definitions.

7704. National Earthquake Hazards Reduction Program.

(a) Establishment.

(b) Responsibilities of Program agencies.

(c) Budget coordination.

7704a. Report on seismic safety property standards.

(a) Authority.

(b) Standards.

(c) Consultation.

7705, 7705a. Repealed.

7705b. Seismic standards.

(a) Buildings.

(b) Lifelines.

7705c. Acceptance of gifts.

(a) Authority.

(b) Criteria.

7705d. Repealed.

7705e. Post-earthquake investigations program.

7706. Authorization of appropriations.

(a) General authorization for program.

(b) United States Geological Survey.

(c) National Science Foundation.

(d) National Institute of Standards and Technology.

7707. Advanced National Seismic Research and Monitoring

System.

(a) Establishment.

(b) Management plan.

(c) Authorization of appropriations.

7708. Network for Earthquake Engineering Simulation.

(a) Establishment.

(b) Authorization of appropriations.

7709. Scientific Earthquake Studies Advisory Committee.

(a) Establishment.

(b) Organization.

(c) Meetings.

(d) Duties.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 7704a of this title; title

15 section 7301.

-End-

-CITE-

42 USC Sec. 7701 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION

-HEAD-

Sec. 7701. Congressional findings

-STATUTE-

The Congress finds and declares the following:

(1) All 50 States are vulnerable to the hazards of earthquakes,

and at least 39 of them are subject to major or moderate seismic

risk, including Alaska, California, Hawaii, Illinois,

Massachusetts, Missouri, Montana, Nevada, New Jersey, New York,

South Carolina, Utah, and Washington. A large portion of the

population of the United States lives in areas vulnerable to

earthquake hazards.

(2) Earthquakes have caused, and can cause in the future,

enormous loss of life, injury, destruction of property, and

economic and social disruption. With respect to future

earthquakes, such loss, destruction, and disruption can be

substantially reduced through the development and implementation

of earthquake hazards reduction measures, including (A) improved

design and construction methods and practices, (B) land-use

controls and redevelopment, (C) prediction techniques and

early-warning systems, (D) coordinated emergency preparedness

plans, and (E) public education and involvement programs.

(3) An expertly staffed and adequately financed earthquake

hazards reduction program, based on Federal, State, local, and

private research, planning, decisionmaking, and contributions

would reduce the risk of such loss, destruction, and disruption

in seismic areas by an amount far greater than the cost of such

program.

(4) A well-funded seismological research program in earthquake

prediction could provide data adequate for the design, of an

operational system that could predict accurately the time, place,

magnitude, and physical effects of earthquakes in selected areas

of the United States.

(5) The geological study of active faults and features can

reveal how recently and how frequently major earthquakes have

occurred on those faults and how much risk they pose. Such

long-term seismic risk assessments are needed in virtually every

aspect of earthquake hazards management, whether emergency

planning, public regulation, detailed building design, insurance

rating, or investment decision.

(6) The vulnerability of buildings, lifelines, public works,

and industrial and emergency facilities can be reduced through

proper earthquake resistant design and construction practices.

The economy and efficacy of such procedures can be substantially

increased through research and development.

(7) Programs and practices of departments and agencies of the

United States are important to the communities they serve; some

functions, such as emergency communications and national defense,

and lifelines, such as dams, bridges, and public works, must

remain in service during and after an earthquake. Federally

owned, operated, and influenced structures and lifelines should

serve as models for how to reduce and minimize hazards to the

community.

(8) The implementation of earthquake hazards reduction measures

would, as an added benefit, also reduce the risk of loss,

destruction, and disruption from other natural hazards and

manmade hazards, including hurricanes, tornadoes, accidents,

explosions, landslides, building and structural cave-ins, and

fires.

(9) Reduction of loss, destruction, and disruption from

earthquakes will depend on the actions of individuals, and

organizations in the private sector and governmental units at

Federal, State, and local levels. The current capability to

transfer knowledge and information to these sectors is

insufficient. Improved mechanisms are needed to translate

existing information and research findings into reasonable and

usable specifications, criteria, and practices so that

individuals, organizations, and governmental units may make

informed decisions and take appropriate actions.

(10) Severe earthquakes are a worldwide problem. Since damaging

earthquakes occur infrequently in any one nation, international

cooperation is desirable for mutual learning from limited

experiences.

(11) An effective Federal program in earthquake hazards

reduction will require input from and review by persons outside

the Federal Government expert in the sciences of earthquake

hazards reduction and in the practical application of earthquake

hazards reduction measures.

-SOURCE-

(Pub. L. 95-124, Sec. 2, Oct. 7, 1977, 91 Stat. 1098; Pub. L.

101-614, Sec. 2, Nov. 16, 1990, 104 Stat. 3231.)

-MISC1-

AMENDMENTS

1990 - Pars. (5) to (11). Pub. L. 101-614 added pars. (5) to (7),

struck out former pars. (5) and (6), and redesignated former pars.

(7) to (10) as (8) to (11), respectively. Prior to amendment, pars.

(5) and (6) read as follows:

"(5) An operational earthquake prediction system can produce

significant social, economic, legal, and political consequences.

"(6) There is a scientific basis for hypothesizing that major

earthquakes may be moderated, in at least some seismic areas, by

application of the findings of earthquake control and seismological

research."

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-503, title II, Sec. 201, Nov. 13, 2000, 114 Stat.

2304, provided that: "This title [enacting sections 7707 to 7709 of

this title, amending sections 7703, 7704, and 7706 of this title,

repealing section 7705d of this title, enacting provisions set out

as a note under this section, and amending provisions set out as a

note under section 7704 of this title] may be cited as the

'Earthquake Hazards Reduction Authorization Act of 2000'."

SHORT TITLE OF 1990 AMENDMENT

Section 1 of Pub. L. 101-614 provided that: "This Act [enacting

sections 7705a to 7705e, amending this section and sections 7702 to

7705, and 7706 of this title, and enacting provisions set out as

notes under sections 7704, 7705b, and 7705e of this title] may be

cited as the 'National Earthquake Hazards Reduction Program

Reauthorization Act'."

SHORT TITLE

Section 1 of Pub. L. 95-124 provided: "That this Act [enacting

this chapter] may be cited as the 'Earthquake Hazards Reduction Act

of 1977'."

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under Earthquake Hazards Reduction Act of

1977 delegated, transferred, or reassigned to Secretary of Homeland

Security pursuant to sections 1-104 and 4-204 of Ex. Ord. No.

12148, July 20, 1979, 44 F.R. 43239, as amended, set out as a note

under section 5195 of this title.

-MISC2-

REPORT ON AT-RISK POPULATIONS

Pub. L. 106-503, title II, Sec. 207, Nov. 13, 2000, 114 Stat.

2307, provided that: "Not later than 1 year after the date of the

enactment of this Act [Nov. 13, 2000], and after a period for

public comment, the Director of the Federal Emergency Management

Agency shall transmit to the Congress a report describing the

elements of the Program that specifically address the needs of

at-risk populations, including the elderly, persons with

disabilities, non-English-speaking families, single-parent

households, and the poor. Such report shall also identify

additional actions that could be taken to address those needs and

make recommendations for any additional legislative authority

required to take such actions."

-End-

-CITE-

42 USC Sec. 7702 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION

-HEAD-

Sec. 7702. Congressional statement of purpose

-STATUTE-

It is the purpose of the Congress in this chapter to reduce the

risks of life and property from future earthquakes in the United

States through the establishment and maintenance of an effective

earthquake hazards reduction program. The objectives of such

program shall include -

(1) 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;

(2) 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 power generating plants, dams, hospitals, schools,

public utilities and other lifelines, public safety structures,

high occupancy buildings, and other structures which are

especially needed in time of disaster;

(3) the implementation to the greatest extent practicable, 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;

(4) the development, publication, and promotion, in conjunction

with State and local officials and professional organizations, of

model building codes and other means to encourage consideration

of information about seismic risk in making decisions about

land-use policy and construction activity;

(5) the development, in areas of seismic risk, of improved

understanding of, and capability with respect to,

earthquake-related issues, including methods of mitigating the

risks from earthquakes, planning to prevent such risks,

disseminating warnings of earthquakes, organization emergency

services, and planning for reconstruction and redevelopment after

an earthquake;

(6) the development of ways to increase the use of existing

scientific and engineering knowledge to mitigate earthquake

hazards; and

(7) the development of ways to assure the availability of

affordable earthquake insurance.

-SOURCE-

(Pub. L. 95-124, Sec. 3, Oct. 7, 1977, 91 Stat. 1099; Pub. L.

101-614, Sec. 3, Nov. 16, 1990, 104 Stat. 3231.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-614 inserted sentence at end, listing

objectives of program.

-End-

-CITE-

42 USC Sec. 7703 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION

-HEAD-

Sec. 7703. Definitions

-STATUTE-

As used in this chapter, unless the context otherwise requires:

(1) The term "includes" and variants thereof should be read as

if the phrase "but is not limited to" were also set forth.

(2) The term "Program" means the National Earthquake Hazards

Reduction Program established under section 7704 of this title.

(3) The term "seismic" and variants thereof mean having to do

with, or caused by earthquakes.

(4) The term "State" means each of the States of the United

States, the District of Columbia, the Commonwealth of Puerto

Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth

of the Mariana Islands, and any other territory or possession of

the United States.

(5) The term "United States" means, when used in a geographical

sense, all of the States as defined in paragraph (4) of this

section.

(6) The term "lifelines" means public works and utilities,

including transportation facilities and infrastructure, oil and

gas pipelines, electrical power and communication facilities and

infrastructure, and water supply and sewage treatment facilities.

(7) The term "Program agencies" means the Federal Emergency

Management Agency, the United States Geological Survey, the

National Science Foundation, and the National Institute of

Standards and Technology.

-SOURCE-

(Pub. L. 95-124, Sec. 4, Oct. 7, 1977, 91 Stat. 1099; Pub. L.

101-614, Sec. 4, Nov. 16, 1990, 104 Stat. 3232; Pub. L. 106-503,

title II, Sec. 209, Nov. 13, 2000, 114 Stat. 2308.)

-MISC1-

AMENDMENTS

2000 - Par. (6). Pub. L. 106-503 inserted "and infrastructure"

after "communication facilities".

1990 - Par. (2). Pub. L. 101-614, Sec. 4(1), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "The term

'program' means the earthquake hazards reduction program

established under section 7704 of this title."

Pars. (6), (7). Pub. L. 101-614, Sec. 4(2), added pars. (6) and

(7).

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 7704 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION

-HEAD-

Sec. 7704. National Earthquake Hazards Reduction Program

-STATUTE-

(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

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 shall -

(A) 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;

(B) 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;

(C) 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;

(D) request the assistance of Federal agencies other than the

Program agencies, as necessary to assist in carrying out this

chapter; and

(E) 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.

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 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 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, 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;

(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 earthquake

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 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

The United States Geological Survey shall conduct research

necessary to characterize and identify earthquake hazards, assess

earthquake 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 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;

(E) establish, using existing facilities, a Center for the

International Exchange of Earthquake Information which shall -

(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;

(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;

(F) operate a National Seismic Network;

(G) support regional seismic networks, which shall complement

the National Seismic Network; and

(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.

(4) National Science Foundation

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 -

(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 research

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 earthquake-related

research proposals;

(D) emphasize, in earthquake engineering research,

development of economically feasible methods to retrofit

existing buildings and to protect lifelines to mitigate

earthquake damage;

(E) support research that studies the political, economic,

and social factors that influence the implementation of hazard

reduction measures; and

(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.

(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;

(C) work closely with national standards organizations to

develop seismic safety standards and practices for new and

existing lifelines; and

(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.

(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.

-SOURCE-

(Pub. L. 95-124, Sec. 5, Oct. 7, 1977, 91 Stat. 1099; Pub. L.

96-472, title I, Sec. 101, Oct. 19, 1980, 94 Stat. 2257; Pub. L.

99-105, Secs. 5, 6, Sept. 30, 1985, 99 Stat. 475; Pub. L. 100-252,

Sec. 2, Feb. 29, 1988, 102 Stat. 18; Pub. L. 100-418, title V, Sec.

5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 100-707, title I,

Sec. 109(u), Nov. 23, 1988, 102 Stat. 4710; Pub. L. 101-614, Sec.

5, Nov. 16, 1990, 104 Stat. 3232; Pub. L. 105-47, Sec. 3, Oct. 1,

1997, 111 Stat. 1162; Pub. L. 106-503, title II, Secs. 206, 208,

Nov. 13, 2000, 114 Stat. 2307.)

-REFTEXT-

REFERENCES IN TEXT

Section 10(a)(2) of the Federal Advisory Committee Act, referred

to in subsec. (b)(3)(D), is section 10(a)(2) of Pub. L. 92-463,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(1). Pub. L. 106-503, Sec. 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, Sec. 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, Sec. 206(2), added subsec. (c).

1997 - Subsec. (b)(1)(F). Pub. L. 105-47, Sec. 3(b), added

subpar. (F).

Subsec. (b)(3)(H). Pub. L. 105-47, Sec. 3(c), added subpar. (H).

Subsec. (b)(4)(F). Pub. L. 105-47, Sec. 3(a), added subpar. (F).

Subsec. (b)(5)(D). Pub. L. 105-47, Sec. 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, Sec. 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".

Subsec. (b)(2)(F), (G). Pub. L. 99-105, Sec. 6, added subpar. (F)

and redesignated former subpar. (F) as (G).

1980 - Subsec. (a). Pub. L. 96-472, Sec. 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, Sec. 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, Sec. 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, Sec. 101(d), substituted

"potential" for "political".

Subsec. (f). Pub. L. 96-472, Sec. 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, Sec. 101(f), added subsec. (i).

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

REAL-TIME PUBLIC AVAILABILITY OF RAW SEISMOLOGICAL DATA

Pub. L. 107-228, div. B, title XVI, Sec. 1602, Sept. 30, 2002,

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, Sec. 1000(a)(7) [div. B, title XI, Sec.

1116], Nov. 29, 1999, 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

Section 2 of Pub. L. 105-47, as amended by Pub. L. 106-503, title

II, Sec. 202(c), Nov. 13, 2000, 114 Stat. 2305; Pub. L. 107-110,

title X, Sec. 1076(cc), Jan. 8, 2002, 115 Stat. 2093, 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 [Oct. 1, 1997], 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 [Oct. 1,

1997].

"(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 9101 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) of the Earthquake Hazards

Reduction Act of 1977 (42 U.S.C. 7704(b)(4)) 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 [Oct. 1, 1997], 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

January 1, 1990 and ending on July 1, 1997, 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 [Oct. 1, 1997], 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

Section 14 of Pub. L. 101-614 directed Director of Federal

Emergency Management Agency to submit two reports to Congress

within 12 months after Nov. 16, 1990, 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, Sec. 115, Oct. 31, 1988, 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 Oct. 31, 1988.

-EXEC-

EX. ORD. NO. 12699. SEISMIC SAFETY OF FEDERAL AND FEDERALLY

ASSISTED OR REGULATED NEW BUILDING CONSTRUCTION

Ex. Ord. No. 12699, Jan. 5, 1990, 55 F.R. 835, as amended by Ex.

Ord. No. 13286, Sec. 40, Feb. 28, 2003, 68 F.R. 10626, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, and in furtherance of the

Earthquake Hazards Reduction Act of 1977, as amended (42 U.S.C.

7701 et seq.), which requires that Federal preparedness and

mitigation activities are to include "development and promulgation

of specifications, building standards, design criteria, and

construction practices to achieve appropriate earthquake resistance

for new . . . structures," and "an examination of alternative

provisions and requirements for reducing earthquake hazards through

Federal and federally financed construction, loans, loan

guarantees, and licenses. . . ." (42 U.S.C. 7704(f)(3, 4)), it is

hereby ordered as follows:

Section 1. Requirements for Earthquake Safety of New Federal

Buildings.

The purposes of these requirements are to reduce risks to the

lives of occupants of buildings owned by the Federal Government and

to persons who would be affected by the failures of Federal

buildings in earthquakes, to improve the capability of essential

Federal buildings to function during or after an earthquake, and to

reduce earthquake losses of public buildings, all in a

cost-effective manner. A building means any structure, fully or

partially enclosed, used or intended for sheltering persons or

property.

Each Federal agency responsible for the design and construction

of each new Federal building shall ensure that the building is

designed and constructed in accord with appropriate seismic design

and construction standards. This requirement pertains to all

building projects for which development of detailed plans and

specifications is initiated subsequent to the issuance of the

order. Seismic design and construction standards shall be adopted

for agency use in accord with sections 3(a) and 4(a) of this order.

Sec. 2. Federally Leased, Assisted, or Regulated Buildings.

The purposes of these requirements are to reduce risks to the

lives of occupants of buildings leased for Federal uses or

purchased or constructed with Federal assistance, to reduce risks

to the lives of persons who would be affected by earthquake

failures of federally assisted or regulated buildings, and to

protect public investments, all in a cost-effective manner. The

provisions of this order shall apply to all the new construction

activities specified in the subsections below.

(a) Space Leased for Federal Occupancy. Each Federal agency

responsible for the construction and lease of a new building for

Federal use shall ensure that the building is designed and

constructed in accord with appropriate seismic design and

construction standards. This requirement pertains to all leased

building projects for which the agreement covering development of

detailed plans and specifications is effected subsequent to the

issuance of this order. Local building codes shall be used in

design and construction by those concerned with such activities in

accord with section 3(a) and 3(c) of this order and augmented when

necessary to achieve appropriate seismic design and construction

standards.

(b) Federal Domestic Assistance Programs. Each Federal agency

assisting in the financing, through Federal grants or loans, or

guaranteeing the financing, through loan or mortgage insurance

programs, of newly constructed buildings shall plan, and shall

initiate no later than 3 years subsequent to the issuance of this

order, measures consistent with section 3(a) of this order, to

assure appropriate consideration of seismic safety.

(c) Federally Regulated Buildings. Each Federal agency with

generic responsibility for regulating the structural safety of

buildings shall plan to require use of appropriate seismic design

and construction standards for new buildings within the agency's

purview. Implementation of the plan shall be initiated no later

than 3 years subsequent to the issuance of this order.

Sec. 3. Concurrent Requirements. (a) In accord with Office of

Management and Budget Circular A-119 of January 17, 1980, entitled

"Federal Participation in the Development and Use of Voluntary

Standards," nationally recognized private sector standards and

practices shall be used for the purposes identified in sections 1

and 2 above unless the responsible agency finds that none is

available that meets its requirements. The actions ordered herein

shall consider the seismic hazards in various areas of the country

to be as shown in the most recent edition of the American National

Standards Institute Standards A58, Minimum Design Loans for

Buildings and Other Structures, or subsequent maps adopted for

Federal use in accord with this order. Local building codes

determined by the responsible agency or by the Interagency

Committee for Seismic Safety in Construction to provide adequately

for seismic safety, or special seismic standards and practices

required by unique agency mission needs, may be used.

(b) All orders, regulations, circulars, or other directives

issued, and all other actions taken prior to the date of this order

that meet the requirements of this order, are hereby confirmed and

ratified and shall be deemed to have been issued under this order.

(c) Federal agencies that are as of this date requiring seismic

safety levels that are higher than those imposed by this order in

their assigned new building construction programs shall continue to

maintain in force such levels.

(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 Sections 402, 403,

502, and 503 of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act (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 Sections 408 and

411 of the Stafford Act (42 U.S.C. 5174 and former 5178). However,

this order shall apply to other provisions of the Stafford Act [42

U.S.C. 5121 et seq.] after a presidentially declared major disaster

or emergency when assistance actions involve new construction or

total replacement of a building. Grantees and subgrantees shall be

encouraged to adopt the standards established in section 3(a) of

this order for use when the construction does not involve Federal

funding as well as when Department of Homeland Security funding

applies.

Sec. 4. Agency Responsibilities. (a) The Secretary of Homeland

Security shall be responsible for reporting to the President on the

execution of this order and providing support for the secretariat

of the Interagency Committee on Seismic Safety in Construction

(ICSSC). The ICSSC, using consensus procedures, shall be

responsible to FEMA for the recommendation for adoption of

cost-effective seismic design and construction standards and

practices required by sections 1 and 2 of this order. Participation

in ICSSC shall be open to all agencies with programs affected by

this order.

(b) To the extent permitted by law, each agency shall issue or

amend existing regulations or procedures to comply with this order

within 3 years of its issuance and plan for their implementation

through the usual budget process. Thereafter, each agency shall

review, within a period not to exceed 3 years, its regulations or

procedures to assess the need to incorporate new or revised

standards and practices.

Sec. 5. Reporting. The Department of Homeland Security shall

request, from each agency affected by this order, information on

the status of its procedures, progress in its implementation plan,

and the impact of this order on its operations. The Department of

Homeland Security shall include an assessment of the execution of

this order in its annual report to the Congress on the National

Earthquake Hazards Reduction Program.

Sec. 6. Judicial Review. Nothing in this order is intended to

create any right or benefit, substantive or procedural, enforceable

at law by a party against the United States, its agencies, its

officers, or any person.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7703, 7706 of this title;

title 23 section 502.

-End-

-CITE-

42 USC Sec. 7704a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION

-HEAD-

Sec. 7704a. Report on seismic safety property standards

-STATUTE-

(a) Authority

The Secretary of Housing and Urban Development (in this section

referred to as the "Secretary") shall assess the risk of

earthquake-related damage to properties assisted under programs

administered by the Secretary and shall develop seismic safety

standards for such properties. This section may not be construed to

prohibit the Secretary from deferring to local building codes that

meet the requirements of the seismic safety standards developed

under this section.

(b) Standards

The standards shall be designed to reduce the risk of loss of

life to building occupants to the maximum extent feasible and to

reduce the risk of shake-related property damage to the maximum

extent practicable.

(c) Consultation

In carrying out this section, the Secretary shall consult with

the Director of the Federal Emergency Management Agency and may

utilize the resources under the National Earthquake Hazards

Reduction Program (established under the Earthquake Hazards

Reduction Act of 1977 [42 U.S.C. 7701 et seq.]) and any other

resources as may be required to carry out the activities under this

section.

-SOURCE-

(Pub. L. 101-625, title IX, Sec. 947, Nov. 28, 1990, 104 Stat.

4416.)

-REFTEXT-

REFERENCES IN TEXT

The Earthquake Hazards Reduction Act of 1977, referred to in

subsec. (c), is Pub. L. 95-124, Oct. 7, 1977, 91 Stat. 1098, as

amended, which is classified generally to this chapter (Sec. 7701

et seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 7701 of this title and

Tables.

-COD-

CODIFICATION

Subsec. (d) of this section, which required the Secretary to

submit a report to Congress not less than biennially on the

findings of the risk assessment study conducted under this section

and the activities undertaken, and the expenditures made, by the

Secretary to carry out this section and Executive Order No. 12699,

terminated, effective May 15, 2000, pursuant to section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance. See, also, the 4th item on page 104 of

House Document No. 103-7.

Section was enacted as part of the Cranston-Gonzalez National

Affordable Housing Act, and not as part of the Earthquake Hazards

Reduction Act of 1977 which comprises this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Secs. 7705, 7705a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION

-HEAD-

Secs. 7705, 7705a. Repealed. Pub. L. 105-47, Sec. 4, Oct. 1, 1997,

111 Stat. 1164

-MISC1-

Section 7705, Pub. L. 95-124, Sec. 6, Oct. 7, 1977, 91 Stat.

1102; Pub. L. 96-472, title I, Sec. 102(a), Oct. 19, 1980, 94 Stat.

2259; Pub. L. 101-614, Sec. 6, Nov. 16, 1990, 104 Stat. 3236,

related to Office of Science and Technology Policy report.

Section 7705a, Pub. L. 95-124, Sec. 7, as added Pub. L. 101-614,

Sec. 7(2), Nov. 16, 1990, 104 Stat. 3236, related to establishment

of a National Earthquake Hazards Reduction Program Advisory

Committee.

-End-

-CITE-

42 USC Sec. 7705b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION

-HEAD-

Sec. 7705b. Seismic standards

-STATUTE-

(a) Buildings

(1) Adoption of standards

The President shall adopt, not later than December 1, 1994,

standards for assessing and enhancing the seismic safety of

existing buildings constructed for or leased by the Federal

Government which were designed and constructed without adequate

seismic design and construction standards. Such standards shall

be developed by the Interagency Committee on Seismic Safety in

Construction, whose chairman is the Director of the National

Institute of Standards and Technology or his designee, and which

shall work in consultation with appropriate private sector

organizations.

(2) Report to Congress

The President shall report to the Congress, not later than

December 1, 1994, on how the standards adopted under paragraph

(1) could be applied with respect to buildings -

(A) for which Federal financial assistance has been obtained

through grants, loans, financing guarantees, or loan or

mortgage insurance programs; or

(B) the structural safety of which is regulated by a Federal

agency.

(3) Regulations

The President shall ensure the issuance, before February 1,

1993, by all Federal agencies of final regulations required by

section 4(b) of Executive Order numbered 12699, issued January 5,

1990.

(b) Lifelines

The Director of the Agency, in consultation with the Director of

the National Institute of Standards and Technology, shall submit to

the Congress, not later than June 30, 1992, a plan, including

precise timetables and budget estimates, for developing and

adopting, in consultation with appropriate private sector

organizations, design and construction standards for lifelines. The

plan shall include recommendations of ways Federal regulatory

authority could be used to expedite the implementation of such

standards.

-SOURCE-

(Pub. L. 95-124, Sec. 8, as added Pub. L. 101-614, Sec. 8(a), Nov.

16, 1990, 104 Stat. 3237.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order numbered 12699, referred to in subsec. (a)(3), is

set out as a note under section 7704 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC1-

REPORT ON VULNERABILITY OF BUILDINGS OWNED AND LEASED BY GOVERNMENT

Section 8(b) of Pub. L. 101-614 directed Comptroller General, not

later than 18 months after Nov. 16, 1990, to report to Congress on

vulnerability of buildings owned and leased by the Federal

Government and on efforts of Federal agencies to improve the

seismic resistance of buildings they own or lease, and for each

such agency, the Comptroller General to enumerate the number of

buildings owned or leased by the agency, the seriousness of the

seismic risk to such buildings, and the value of the buildings at

risk, as well as tabulate the expenditures each such agency had

devoted to reducing earthquake damage and estimate the total

expenditure necessary to address the problem adequately.

-EXEC-

EX. ORD. NO. 12941. SEISMIC SAFETY OF EXISTING FEDERALLY OWNED OR

LEASED BUILDINGS

Ex. Ord. No. 12941, Dec. 1, 1994, 59 F.R. 62545, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in furtherance of

the Earthquake Hazards Reduction Act of 1977 [42 U.S.C. 7701 et

seq.], as amended by Public Law 101-614, which requires the

President to adopt "standards for assessing and enhancing the

seismic safety of existing buildings constructed for or leased by

the Federal Government which were designed and constructed without

adequate seismic design and construction standards" (42 U.S.C.

7705b(a)), it is hereby ordered as follows:

Section 1. Adoption of Minimum Standards. The Standards of

Seismic Safety for Existing Federally Owned or Leased Buildings

(Standards), developed, issued, and maintained by the Interagency

Committee on Seismic Safety in Construction (ICSSC), are hereby

adopted as the minimum level acceptable for use by Federal

departments and agencies in assessing the seismic safety of their

owned and leased buildings and in mitigating unacceptable seismic

risks in those buildings. The Standards shall be applied, at a

minimum, to those buildings identified in the Standards as

requiring evaluation and, if necessary, mitigation. Evaluations and

mitigations that were completed prior to the date of this order

under agency programs that were based on standards deemed adequate

and appropriate by the individual agency need not be reconsidered

unless otherwise stipulated by the Standards.

For the purposes of this order, buildings are defined as any

structure, fully or partially enclosed, located within the United

States as defined in the Earthquake Hazards Reduction Act of 1977,

as amended, (42 U.S.C. 7703(5)), used or intended for sheltering

persons or property, except for the exclusions specified in the

Standards.

Sec. 2. Estimating Costs of Mitigation. Each agency that owns or

leases buildings for Federal use shall, within 4 years of the

issuance of this order, develop an inventory of their owned and

leased buildings and shall estimate the costs of mitigating

unacceptable seismic risks in those buildings. The cost estimate

shall be based on the exemptions and evaluation and mitigation

requirements in the Standards. Guidance for the development of the

inventory and cost estimates will be issued by the ICSSC no later

than 1 year after the signing of this order. Cost estimates with

supporting documentation shall be submitted to the Director of the

Federal Emergency Management Agency (FEMA) no later than 4 years

after the signing of this order.

Sec. 3. Implementation Responsibilities. (a) The Federal

Emergency Management Agency is responsible for (1) notifying all

Federal departments and agencies of the existence and content of

this order; (2) preparing for the Congress, in consultation with

the ICSSC, no later than 6 years after the issuance of this order,

a comprehensive report on how to achieve an adequate level of

seismic safety in federally owned and leased buildings in an

economically feasible manner; and (3) preparing for the Congress on

a biennial basis, a report on the execution of this order.

(b) The National Institute of Standards and Technology is

responsible for providing technical assistance to the Federal

departments and agencies in the implementation of this order.

(c) Federal departments and agencies may request an exemption

from this order from the Director of the Office of Management and

Budget.

Sec. 4. Updating Programs. The ICSSC shall update the Standards

at least every 5 years. It shall also update the Standards within 2

years of the publication of the first edition of FEMA's Guidelines

for Seismic Rehabilitation of Buildings and Commentary.

Sec. 5. Judicial Review. Nothing in this order is intended to

create any right to administrative or judicial review, or any other

right, benefit, or trust responsibility, substantive or procedural,

enforceable at law by any party against the United States, its

agencies or instrumentalities, its officers or employees, or any

person.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 23 section 502.

-End-

-CITE-

42 USC Sec. 7705c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION

-HEAD-

Sec. 7705c. Acceptance of gifts

-STATUTE-

(a) Authority

In furtherance of the purposes of this chapter, the Director of

the Agency may accept and use bequests, gifts, or donations of

services, money, or property, notwithstanding section 1342 of title

31.

(b) Criteria

The Director of the Agency shall establish by regulation criteria

for determining whether to accept bequests, gifts, or donations of

services, money, or property. Such criteria shall take into

consideration whether the acceptance of the bequest, gift, or

donation would reflect unfavorably on the Director's ability to

carry out his responsibilities in a fair and objective manner, or

would compromise the integrity of, or the appearance of the

integrity of, the Program or any official involved in administering

the Program.

-SOURCE-

(Pub. L. 95-124, Sec. 9, as added Pub. L. 101-614, Sec. 9, Nov. 16,

1990, 104 Stat. 3238.)

-COD-

CODIFICATION

In subsec. (a), "section 1342 of title 31" was substituted for

"section 3679 of the Revised Statutes (31 U.S.C. 1342)" on

authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 7705d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION

-HEAD-

Sec. 7705d. Repealed. Pub. L. 106-503, title II, Sec. 203, Nov. 13,

2000, 114 Stat. 2305

-MISC1-

Section, Pub. L. 95-124, Sec. 10, as added Pub. L. 101-614, Sec.

10, Nov. 16, 1990, 104 Stat. 3238, related to non-Federal cost

sharing for supplemental funds.

-End-

-CITE-

42 USC Sec. 7705e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION

-HEAD-

Sec. 7705e. Post-earthquake investigations program

-STATUTE-

There is established within the United States Geological Survey a

post-earthquake investigations program, the purpose of which is to

investigate major earthquakes, so as to learn lessons which can be

applied to reduce the loss of lives and property in future

earthquakes. The United States Geological Survey, in consultation

with each Program agency, shall organize investigations to study

the implications of the earthquake in the areas of responsibility

of each Program agency. The investigations shall begin as rapidly

as possible and may be conducted by grantees and contractors. The

Program agencies shall ensure that the results of investigations

are disseminated widely. The Director of the Survey is authorized

to utilize earthquake expertise from the Agency, the National

Science Foundation, the National Institute of Standards and

Technology, other Federal agencies, and private contractors, on a

reimbursable basis, in the conduct of such earthquake

investigations. At a minimum, investigations under this section

shall include -

(1) analysis by the National Science Foundation and the United

States Geological Survey of the causes of the earthquake and the

nature of the resulting ground motion;

(2) analysis by the National Science Foundation and the

National Institute of Standards and Technology of the behavior of

structures and lifelines, both those that were damaged and those

that were undamaged; and

(3) analysis by each of the Program agencies of the

effectiveness of the earthquake hazards mitigation programs and

actions relating to its area of responsibility under the Program,

and how those programs and actions could be strengthened.

-SOURCE-

(Pub. L. 95-124, Sec. 11, as added Pub. L. 101-614, Sec. 11(a),

Nov. 16, 1990, 104 Stat. 3239.)

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC1-

REPORT ON FUNDING OF PROGRAM

Section 11(b) of Pub. L. 101-614 directed Director of Federal

Emergency Management Agency in consultation with other agencies of

National Earthquake Hazards Reduction Program, not later than one

year after Nov. 16, 1990, to report to Congress on possible options

for funding a program for post-earthquake investigations, which

would, at a minimum, consider funding such a program either by

setting aside a percentage of disaster relief funds provided by

Federal Emergency Management Agency after a major earthquake or by

a revolving fund, and which would also include a recommendation on

how the funding for such investigations would be allocated among

the other Program agencies.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7706 of this title.

-End-

-CITE-

42 USC Sec. 7706 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION

-HEAD-

Sec. 7706. Authorization of appropriations

-STATUTE-

(a) General authorization for program

(1) There are authorized to be appropriated to the President to

carry out the provisions of sections 7704 and 7705 (!1) of this

title (in addition to any authorizations for similar purposes

included in other Acts and the authorizations set forth in

subsections (b) and (c) of this section), not to exceed $1,000,000

for the fiscal year ending September 30, 1978, not to exceed

$2,000,000 for the fiscal year ending September 30, 1979, and not

to exceed $2,000,000 for the fiscal year ending September 30, 1980.

(2) There are authorized to be appropriated to the Director to

carry out the provisions of sections 7704 and 7705 (!1) of this

title for the fiscal year ending September 30, 1981 -

(A) $1,000,000 for continuation of the Interagency Committee on

Seismic Safety in Construction and the Building Seismic Safety

Council programs,

(B) $1,500,000 for plans and preparedness for earthquake

disasters,

(C) $500,000 for prediction response planning,

(D) $600,000 for architectural and engineering planning and

practice programs,

(E) $1,000,000 for development and application of a public

education program,

(F) $3,000,000 for use by the National Science Foundation in

addition to the amount authorized to be appropriated under

subsection (c) of this section, which amount includes $2,400,000

for earthquake policy research and $600,000 for the strong ground

motion element of the siting program, and

(G) $1,000,000 for use by the Center for Building Technology,

National Institute of Standards and Technology in addition to the

amount authorized to be appropriated under subsection (d) of this

section for earthquake activities in the Center.

(3) There are authorized to be appropriated to the Director for

the fiscal year ending September 30, 1982, $2,000,000 to carry out

the provisions of sections 7704 and 7705 (!1) of this title.

(4) There are authorized to be appropriated to the Director, to

carry out the provisions of sections 7704 and 7705 (!1) of this

title, $1,281,000 for the fiscal year ending September 30, 1983.

(5) There are authorized to be appropriated to the Director, to

carry out the provisions of sections 7704 and 7705 (!1) of this

title, for the fiscal year ending September 30, 1984, $3,705,000,

and for the fiscal year ending September 30, 1985, $6,096,000.

(6) There are authorized to be appropriated to the Director, to

carry out the provisions of sections 7704 and 7705 (!1) of this

title, for the fiscal year ending September 30, 1986, $5,596,000,

and for the fiscal year ending September 30, 1987, $5,848,000.

(7) There are authorized to be appropriated to the Director of

the Agency, to carry out this chapter, $5,778,000 for the fiscal

year ending September 30, 1988, $5,788,000 for the fiscal year

ending September 30, 1989, $8,798,000 for the fiscal year ending

September 30, 1990, $14,750,000 for the fiscal year ending

September 30, 1991, $19,000,000 for the fiscal year ending

September 30, 1992, $22,000,000 for the fiscal year ending

September 30, 1993, $25,000,000 for the fiscal year ending

September 30, 1995, $25,750,000 for the fiscal year ending

September 30, 1996, $20,900,000 for the fiscal year ending

September 30, 1998, $21,500,000 for the fiscal year ending

September 30, 1999; $19,861,000 for the fiscal year ending

September 30, 2001, of which $450,000 is for National Earthquake

Hazard Reduction Program-eligible efforts of an established

multi-state consortium to reduce the unacceptable threat of

earthquake damages in the New Madrid seismic region through efforts

to enhance preparedness, response, recovery, and mitigation;

$20,705,000 for the fiscal year ending September 30, 2002; and

$21,585,000 for the fiscal year ending September 30, 2003.

(b) United States Geological Survey

There are authorized to be appropriated to the Secretary of the

Interior for purposes for carrying out, through the Director of the

United States Geological Survey, the responsibilities that may be

assigned to the Director under this chapter not to exceed

$27,500,000 for the fiscal year ending September 30, 1978; not to

exceed $35,000,000 for the fiscal year ending September 30, 1979;

not to exceed $40,000,000 for the fiscal year ending September 30,

1980; $32,484,000 for the fiscal year ending September 30, 1981;

$34,425,000 for the fiscal year ending September 30, 1982;

$31,843,000 for the fiscal year ending September 30, 1983;

$35,524,000 for the fiscal year ending September 30, 1984;

$37,300,200 for the fiscal year ending September 30, 1985 (!2)

$35,578,000 for the fiscal year ending September 30, 1986;

$37,179,000 for the fiscal year ending September 30, 1987;

$38,540,000 for the fiscal year ending September 30, 1988;

$41,819,000 for the fiscal year ending September 30, 1989;

$55,283,000 for the fiscal year ending September 30, 1990, of which

$8,000,000 shall be for earthquake investigations under section

7705e of this title; $50,000,000 for the fiscal year ending

September 30, 1991; $54,500,000 for the fiscal year ending

September 30, 1992; $62,500,000 for the fiscal year ending

September 30, 1993; $49,200,000 for the fiscal year ending

September 30, 1995; $50,676,000 for the fiscal year ending

September 30, 1996; $52,565,000 for the fiscal year ending

September 30, 1998, of which $3,800,000 shall be used for the

Global Seismic Network operated by the Agency; and $54,052,000 for

the fiscal year ending September 30, 1999, of which $3,800,000

shall be used for the Global Seismic Network operated by the

Agency. There are authorized to be appropriated to the Secretary of

the Interior for purposes of carrying out, through the Director of

the United States Geological Survey, the responsibilities that may

be assigned to the Director under this chapter $48,360,000 for

fiscal year 2001, of which $3,500,000 is for the Global Seismic

Network and $100,000 is for the Scientific Earthquake Studies

Advisory Committee established under section 7709 of this title;

$50,415,000 for fiscal year 2002, of which $3,600,000 is for the

Global Seismic Network and $100,000 is for the Scientific

Earthquake Studies Advisory Committee; and $52,558,000 for fiscal

year 2003, of which $3,700,000 is for the Global Seismic Network

and $100,000 is for the Scientific Earthquake Studies Advisory

Committee. Of the amounts authorized to be appropriated under this

subsection, at least -

(1) $8,000,000 of the amount authorized to be appropriated for

the fiscal year ending September 30, 1998;

(2) $8,250,000 of the amount authorized for the fiscal year

ending September 30, 1999;

(3) $9,000,000 of the amount authorized to be appropriated for

fiscal year 2001;

(4) $9,250,000 of the amount authorized to be appropriated for

fiscal year 2002; and

(5) $9,500,000 of the amount authorized to be appropriated for

fiscal year 2003,

shall be used for carrying out a competitive, peer-reviewed program

under which the Director, in close coordination with and as a

complement to related activities of the United States Geological

Survey, awards grants to, or enters into cooperative agreements

with, State and local governments and persons or entities from the

academic community and the private sector.

(c) National Science Foundation

To enable the Foundation to carry out responsibilities that may

be assigned to it under this chapter, there are authorized to be

appropriated to the Foundation not to exceed $27,500,000 for the

fiscal year ending September 30, 1978; not to exceed $35,000,000

for the fiscal year ending September 30, 1979; not to exceed

$40,000,000 for the fiscal year ending September 30, 1980;

$26,600,000 for the fiscal year ending September 30, 1981;

$27,150,000 for the fiscal year ending September 30, 1982;

$25,000,000 for the fiscal year ending September 30, 1983;

$25,800,000 for the fiscal year ending September 30, 1984;

$28,665,000 for the fiscal year ending September 30, 1985 (!2)

$27,760,000 for the fiscal year ending September 30, 1986;

$29,009,000 for the fiscal year ending September 30, 1987;

$28,235,000 for the fiscal year ending September 30, 1988;

$31,634,000 for the fiscal year ending September 30, 1989;

$38,454,000 for the fiscal year ending September 30, 1990. Of the

amounts authorized for Engineering under section 101(d)(1)(B) of

the National Science Foundation Authorization Act of 1988,

$24,000,000 is authorized for carrying out this chapter for the

fiscal year ending September 30, 1991, and of the amounts

authorized for Geosciences (!3) under section 101(d)(1)(D) of the

National Science Foundation Authorization Act of 1988, $13,000,000

is authorized for carrying out this chapter for the fiscal year

ending September 30, 1991. Of the amounts authorized for Research

and Related Activities under section 101(e)(1) of the National

Science Foundation Authorization Act of 1988, $29,000,000 is

authorized for engineering research under this chapter, and

$14,750,000 is authorized for geosciences research under this

chapter, for the fiscal year ending September 30, 1992. Of the

amounts authorized for Research and Related Activities under

section 101(f)(1) of the National Science Foundation Authorization

Act of 1988, $34,500,000 is authorized for engineering research

under this chapter, and $17,500,000 is authorized for geosciences

research under this chapter, for the fiscal year ending September

30, 1993. There are authorized to be appropriated, out of funds

otherwise authorized to be appropriated to the National Science

Foundation: (1) $16,200,000 for engineering research and

$10,900,000 for geosciences research for the fiscal year ending

September 30, 1995, (2) $16,686,000 for engineering research and

$11,227,000 for geosciences research for the fiscal year ending

September 30, 1996, (3) $18,450,000 for engineering research and

$11,920,000 for geosciences research for the fiscal year ending

September 30, 1998, (4) $19,000,000 for engineering research and

$12,280,000 for geosciences research for the fiscal year ending

September 30, 1999. There are authorized to be appropriated to the

National Science Foundation $19,000,000 for engineering research

and $11,900,000 for geosciences research for fiscal year 2001;

$19,808,000 for engineering research and $12,406,000 for

geosciences research for fiscal year 2002; and $20,650,000 for

engineering research and $12,933,000 for geosciences research for

fiscal year 2003.

(d) National Institute of Standards and Technology

To enable the National Institute of Standards and Technology to

carry out responsibilities that may be assigned to it under this

chapter, there are authorized to be appropriated $425,000 for the

fiscal year ending September 30, 1981; $425,000 for the fiscal year

ending September 30, 1982; $475,000 for the fiscal year ending

September 30, 1983; $475,000 for the fiscal year ending September

30, 1984; $498,750 for the fiscal year ending September 30, 1985

(!2) $499,000 for the fiscal year ending September 30, 1986;

$521,000 for the fiscal year ending September 30, 1987; $525,000

for the fiscal year ending September 30, 1988; $525,000 for the

fiscal year ending September 30, 1989; $2,525,000 for the fiscal

year ending September 30, 1990; $1,000,000 for the fiscal year

ending September 30, 1991; $3,000,000 for the fiscal year ending

September 30, 1992; and $4,750,000 for the fiscal year ending

September 30, 1993. There are authorized to be appropriated, out of

funds otherwise authorized to be appropriated to the National

Institute of Standards and Technology, $1,900,000 for the fiscal

year ending September 30, 1995, $1,957,000 for the fiscal year

ending September 30, 1996, $2,000,000 for the fiscal year ending

September 30, 1998, $2,060,000 for the fiscal year ending September

30, 1999, $2,332,000 for fiscal year 2001, $2,431,000 for fiscal

year 2002, and $2,534,300 for fiscal year 2003.

-SOURCE-

(Pub. L. 95-124, Sec. 12, formerly Sec. 7, Oct. 7, 1977, 91 Stat.

1102; Pub. L. 96-472, title I, Sec. 103, Oct. 19, 1980, 94 Stat.

2259; Pub. L. 97-80, title I, Sec. 101, Nov. 20, 1981, 95 Stat.

1081; Pub. L. 97-464, title I, Sec. 101, Jan. 12, 1983, 96 Stat.

2533; Pub. L. 98-241, title I, Sec. 101, Mar. 22, 1984, 98 Stat.

95; Pub. L. 99-105, Secs. 1-4, Sept. 30, 1985, 99 Stat. 475; Pub.

L. 100-252, Sec. 1, Feb. 29, 1988, 102 Stat. 18; Pub. L. 100-418,

title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433; renumbered

Sec. 12 and amended Pub. L. 101-614, Secs. 7(1), 12, Nov. 16, 1990,

104 Stat. 3236, 3240; Pub. L. 103-374, Sec. 1, Oct. 19, 1994, 108

Stat. 3492; Pub. L. 105-47, Sec. 1, Oct. 1, 1997, 111 Stat. 1159;

Pub. L. 106-503, title II, Secs. 202(a), (b), (d), (e), 203, Nov.

13, 2000, 114 Stat. 2304, 2305.)

-REFTEXT-

REFERENCES IN TEXT

Section 7705 of this title, referred to in subsec. (a)(1) to (6),

was repealed by Pub. L. 105-47, Sec. 4, Oct. 1, 1997, 111 Stat.

1164.

Section 101(d)(1)(B), (D), (e)(1), and (f)(1) of the National

Science Foundation Authorization Act of 1988, referred to in

subsec. (c), is section 101(d)(1)(B), (D), (e)(1), and (f)(1) of

Pub. L. 100-570, Oct. 31, 1988, 102 Stat. 2865, 2866, which is not

classified to the Code.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(7). Pub. L. 106-503, Sec. 202(a), struck out

"and" after "1998," and substituted "1999; $19,861,000 for the

fiscal year ending September 30, 2001, of which $450,000 is for

National Earthquake Hazard Reduction Program-eligible efforts of an

established multi-state consortium to reduce the unacceptable

threat of earthquake damages in the New Madrid seismic region

through efforts to enhance preparedness, response, recovery, and

mitigation; $20,705,000 for the fiscal year ending September 30,

2002; and $21,585,000 for the fiscal year ending September 30,

2003." for "1999."

Subsec. (b). Pub. L. 106-503, Sec. 202(b)(1), in introductory

provisions, inserted after "operated by the Agency." "There are

authorized to be appropriated to the Secretary of the Interior for

purposes of carrying out, through the Director of the United States

Geological Survey, the responsibilities that may be assigned to the

Director under this chapter $48,360,000 for fiscal year 2001, of

which $3,500,000 is for the Global Seismic Network and $100,000 is

for the Scientific Earthquake Studies Advisory Committee

established under section 7709 of this title; $50,415,000 for

fiscal year 2002, of which $3,600,000 is for the Global Seismic

Network and $100,000 is for the Scientific Earthquake Studies

Advisory Committee; and $52,558,000 for fiscal year 2003, of which

$3,700,000 is for the Global Seismic Network and $100,000 is for

the Scientific Earthquake Studies Advisory Committee."

Subsec. (b)(3) to (5). Pub. L. 106-503, Sec. 202(b)(2)-(4), added

pars. (3) to (5).

Subsec. (c). Pub. L. 106-503, Sec. 202(d), struck out "and" after

"1998," and inserted at end "There are authorized to be

appropriated to the National Science Foundation $19,000,000 for

engineering research and $11,900,000 for geosciences research for

fiscal year 2001; $19,808,000 for engineering research and

$12,406,000 for geosciences research for fiscal year 2002; and

$20,650,000 for engineering research and $12,933,000 for

geosciences research for fiscal year 2003."

Subsec. (d). Pub. L. 106-503, Sec. 202(e), struck out "and" after

"1998," and substituted "1999, $2,332,000 for fiscal year 2001,

$2,431,000 for fiscal year 2002, and $2,534,300 for fiscal year

2003." for "1999."

Subsecs. (e), (f). Pub. L. 106-503, Sec. 203, struck out subsecs.

(e) and (f), which related, respectively, to funds for certain

required adjustments and availability of funds.

1997 - Subsec. (a)(7). Pub. L. 105-47, Sec. 1(1), struck out

"and" after "1995," and inserted before period at end ",

$20,900,000 for the fiscal year ending September 30, 1998, and

$21,500,000 for the fiscal year ending September 30, 1999".

Subsec. (b). Pub. L. 105-47, Sec. 1(2), substituted "$50,676,000

for the fiscal year ending September 30, 1996; $52,565,000 for the

fiscal year ending September 30, 1998, of which $3,800,000 shall be

used for the Global Seismic Network operated by the Agency; and

$54,052,000 for the fiscal year ending September 30, 1999, of which

$3,800,000 shall be used for the Global Seismic Network operated by

the Agency. Of the amounts authorized to be appropriated under this

subsection, at least -

"(1) $8,000,000 of the amount authorized to be appropriated for

the fiscal year ending September 30, 1998; and

"(2) $8,250,000 of the amount authorized for the fiscal year

ending September 30, 1999,

shall be used for carrying out a competitive, peer-reviewed program

under which the Director, in close coordination with and as a

complement to related activities of the United States Geological

Survey, awards grants to, or enters into cooperative agreements

with, State and local governments and persons or entities from the

academic community and the private sector." for "and $50,676,000

for the fiscal year ending September 30, 1996."

Subsec. (c). Pub. L. 105-47, Sec. 1(3), struck out "and" after

"September 30, 1995," and inserted before period at end ", (3)

$18,450,000 for engineering research and $11,920,000 for

geosciences research for the fiscal year ending September 30, 1998,

and (4) $19,000,000 for engineering research and $12,280,000 for

geosciences research for the fiscal year ending September 30,

1999".

Subsec. (d). Pub. L. 105-47, Sec. 1(4), struck out "and" after

"September 30, 1995," and inserted before period at end ",

$2,000,000 for the fiscal year ending September 30, 1998, and

$2,060,000 for the fiscal year ending September 30, 1999".

1994 - Subsec. (a)(7). Pub. L. 103-374, Sec. 1(1), inserted "of

the Agency" after "to the Director", struck out "and" after

"September 30, 1992,", and inserted before period at end ",

$25,000,000 for the fiscal year ending September 30, 1995, and

$25,750,000 for the fiscal year ending September 30, 1996" after

"September 30, 1993".

Subsec. (b). Pub. L. 103-374, Sec. 1(2), struck out "and" after

"September 30, 1992;" and inserted before period at end ";

$49,200,000 for the fiscal year ending September 30, 1995; and

$50,676,000 for the fiscal year ending September 30, 1996".

Subsec. (c). Pub. L. 103-374, Sec. 1(3), inserted at end "There

are authorized to be appropriated, out of funds otherwise

authorized to be appropriated to the National Science Foundation:

(1) $16,200,000 for engineering research and $10,900,000 for

geosciences research for the fiscal year ending September 30, 1995,

and (2) $16,686,000 for engineering research and $11,227,000 for

geosciences research for the fiscal year ending September 30,

1996."

Subsec. (d). Pub. L. 103-374, Sec. 1(4), inserted at end "There

are authorized to be appropriated, out of funds otherwise

authorized to be appropriated to the National Institute of

Standards and Technology, $1,900,000 for the fiscal year ending

September 30, 1995, and $1,957,000 for the fiscal year ending

September 30, 1996."

1990 - Subsec. (a)(7). Pub. L. 101-614, Sec. 12(1), substituted

"carry out this chapter" for "carry out the provisions of sections

7704 and 7705 of this title", substituted "$8,798,000" for "and

$5,798,000", and inserted before period at end ", $14,750,000 for

the fiscal year ending September 30, 1991, $19,000,000 for the

fiscal year ending September 30, 1992, and $22,000,000 for the

fiscal year ending September 30, 1993".

Subsec. (b). Pub. L. 101-614, Sec. 12(2), substituted

"$55,283,000" for "and $43,283,000" and inserted before period at

end ", of which $8,000,000 shall be for earthquake investigations

under section 7705e of this title; $50,000,000 for the fiscal year

ending September 30, 1991; $54,500,000 for the fiscal year ending

September 30, 1992; and $62,500,000 for the fiscal year ending

September 30, 1993".

Subsec. (c). Pub. L. 101-614, Sec. 12(3), substituted

"$38,454,000" for "and $35,454,000" and inserted at end "Of the

amounts authorized for Engineering under section 101(d)(1)(B) of

the National Science Foundation Authorization Act of 1988,

$24,000,000 is authorized for carrying out this chapter for the

fiscal year ending September 30, 1991, and of the amounts

authorized for Geosciences under section 101(d)(1)(D) of the

National Science Foundation Authorization Act of 1988, $13,000,000

is authorized for carrying out this chapter for the fiscal year

ending September 30, 1991. Of the amounts authorized for Research

and Related Activities under section 101(e)(1) of the National

Science Foundation Authorization Act of 1988, $29,000,000 is

authorized for engineering research under this chapter, and

$14,750,000 is authorized for geosciences research under this

chapter, for the fiscal year ending September 30, 1992. Of the

amounts authorized for Research and Related Activities under

section 101(f)(1) of the National Science Foundation Authorization

Act of 1988, $34,500,000 is authorized for engineering research

under this chapter, and $17,500,000 is authorized for geosciences

research under this chapter, for the fiscal year ending September

30, 1993."

Subsec. (d). Pub. L. 101-614, Sec. 12(4), substituted "National

Institute of Standards and Technology" for "National Bureau of

Standards" in heading and for "Bureau" in text, substituted

"$2,525,000" for "and $525,000", and inserted before period at end

"; $1,000,000 for the fiscal year ending September 30, 1991;

$3,000,000 for the fiscal year ending September 30, 1992; and

$4,750,000 for the fiscal year ending September 30, 1993".

Subsec. (f). Pub. L. 101-614, Sec. 12(5), added subsec. (f).

1988 - Subsec. (a)(2)(G). Pub. L. 100-418 substituted "Institute"

for "Bureau".

Subsec. (a)(7). Pub. L. 100-252, Sec. 1(a), added par. (7).

Subsec. (b). Pub. L. 100-252, Sec. 1(b), struck out "and" after

"1986;" and inserted "; $38,540,000 for the fiscal year ending

September 30, 1988; $41,819,000 for the fiscal year ending

September 30, 1989; and $43,283,000 for the fiscal year ending

September 30, 1990".

Subsec. (c). Pub. L. 100-252, Sec. 1(c), struck out "and" after

"1986;" and inserted "; $28,235,000 for the fiscal year ending

September 30, 1988; $31,634,000 for the fiscal year ending

September 30, 1989; and $35,454,000 for the fiscal year ending

September 30, 1990".

Subsec. (d). Pub. L. 100-252, Sec. 1(d), struck out "and" after

"1986;" and inserted "; $525,000 for the fiscal year ending

September 30, 1988; $525,000 for the fiscal year ending September

30, 1989; and $525,000 for the fiscal year ending September 30,

1990".

1985 - Subsec. (a)(6). Pub. L. 99-105, Sec. 1, added par. (6).

Subsec. (b). Pub. L. 99-105, Sec. 2, substituted a semicolon for

", and" after "1984" and inserted "$35,578,000 for the fiscal year

ending September 30, 1986; and $37,179,000 for the fiscal year

ending September 30, 1987".

Subsec. (c). Pub. L. 99-105, Sec. 3, struck out "and" after

"1984;" and inserted "$27,760,000 for the fiscal year ending

September 30, 1986; and $20,009,000 for the fiscal year ending

September 30, 1987".

Subsec. (d). Pub. L. 99-105, Sec. 4, struck out "and" after

"1984;" and inserted "$499,000 for the fiscal year ending September

30, 1986; and $521,000 for the fiscal year ending September 30,

1987".

1984 - Subsec. (a). Pub. L. 98-241, Sec. 101(a), added par. (5).

Subsec. (b). Pub. L. 98-241, Sec. 101(b), struck out "and" after

"1982;" and inserted "; $35,524,000 for the fiscal year ending

September 30, 1984, and $37,300,200 for the fiscal year ending

September 30, 1985".

Subsec. (c). Pub. L. 98-241, Sec. 101(c), struck out "and" after

"1982;" and inserted "; $25,800,000 for the fiscal year ending

September 30, 1984; and $28,665,000 for the fiscal year ending

September 30, 1985".

Subsec. (d). Pub. L. 98-241, Sec. 101(d), struck out "and" after

"1982;" and inserted "; $475,000 for the fiscal year ending

September 30, 1984; and $498,750 for the fiscal year ending

September 30, 1985".

Subsec. (e). Pub. L. 98-241, Sec. 101(e), substituted "1982," for

"1982 and" and inserted "September 30, 1984, and September 30,

1985,".

1983 - Subsec. (a)(4). Pub. L. 97-464, Sec. 101(a), added par.

(4).

Subsecs. (b) to (d). Pub. L. 97-464, Sec. 101(b)-(d), inserted

authorization for fiscal year ending Sept. 30, 1983.

Subsec. (e). Pub. L. 97-464, Sec. 101(e), substituted "each of

the fiscal years ending September 30, 1982 and September 30, 1983"

for "the fiscal year ending September 30, 1982".

1981 - Subsec. (a)(3). Pub. L. 97-80, Sec. 101(a), added par.

(3).

Subsecs. (b) to (d). Pub. L. 97-80, Sec. 101(b)-(d), inserted

authorization for fiscal year ending Sept. 30, 1982.

Subsec. (e). Pub. L. 97-80, Sec. 101(e), added subsec. (e).

1980 - Subsec. (a). Pub. L. 96-472, Sec. 103(a), designated

existing provisions as par. (1) and added par. (2).

Subsecs. (b), (c). Pub. L. 96-472, Sec. 103(b), (c), inserted

authorization for fiscal year ending Sept. 30, 1981.

Subsec. (d). Pub. L. 96-472, Sec. 103(d), added subsec. (d).

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7707, 7708 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be followed by a semicolon.

(!3) So in original. Probably should not be capitalized.

-End-

-CITE-

42 USC Sec. 7707 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION

-HEAD-

Sec. 7707. Advanced National Seismic Research and Monitoring System

-STATUTE-

(a) Establishment

The Director of the United States Geological Survey shall

establish and operate an Advanced National Seismic Research and

Monitoring System. The purpose of such system shall be to organize,

modernize, standardize, and stabilize the national, regional, and

urban seismic monitoring systems in the United States, including

sensors, recorders, and data analysis centers, into a coordinated

system that will measure and record the full range of frequencies

and amplitudes exhibited by seismic waves, in order to enhance

earthquake research and warning capabilities.

(b) Management plan

Not later than 90 days after November 13, 2000, the Director of

the United States Geological Survey shall transmit to the Congress

a 5-year management plan for establishing and operating the

Advanced National Seismic Research and Monitoring System. The plan

shall include annual cost estimates for both modernization and

operation, milestones, standards, and performance goals, as well as

plans for securing the participation of all existing networks in

the Advanced National Seismic Research and Monitoring System and

for establishing new, or enhancing existing, partnerships to

leverage resources.

(c) Authorization of appropriations

(1) Expansion and modernization

In addition to amounts appropriated under section 7706(b) of

this title, there are authorized to be appropriated to the

Secretary of the Interior, to be used by the Director of the

United States Geological Survey to establish the Advanced

National Seismic Research and Monitoring System -

(A) $33,500,000 for fiscal year 2002;

(B) $33,700,000 for fiscal year 2003;

(C) $35,100,000 for fiscal year 2004;

(D) $35,000,000 for fiscal year 2005; and

(E) $33,500,000 for fiscal year 2006.

(2) Operation

In addition to amounts appropriated under section 7706(b) of

this title, there are authorized to be appropriated to the

Secretary of the Interior, to be used by the Director of the

United States Geological Survey to operate the Advanced National

Seismic Research and Monitoring System -

(A) $4,500,000 for fiscal year 2002; and

(B) $10,300,000 for fiscal year 2003.

-SOURCE-

(Pub. L. 95-124, Sec. 13, as added Pub. L. 106-503, title II, Sec.

204, Nov. 13, 2000, 114 Stat. 2305.)

-End-

-CITE-

42 USC Sec. 7708 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION

-HEAD-

Sec. 7708. Network for Earthquake Engineering Simulation

-STATUTE-

(a) Establishment

The Director of the National Science Foundation shall establish

the George E. Brown, Jr. Network for Earthquake Engineering

Simulation that will upgrade, link, and integrate a system of

geographically distributed experimental facilities for earthquake

engineering testing of full-sized structures and their components

and partial-scale physical models. The system shall be integrated

through networking software so that integrated models and databases

can be used to create model-based simulation, and the components of

the system shall be interconnected with a computer network and

allow for remote access, information sharing, and collaborative

research.

(b) Authorization of appropriations

In addition to amounts appropriated under section 7706(c) of this

title, there are authorized to be appropriated to the National

Science Foundation for the George E. Brown, Jr. Network for

Earthquake Engineering Simulation -

(1) $28,200,000 for fiscal year 2001;

(2) $24,400,000 for fiscal year 2002;

(3) $4,500,000 for fiscal year 2003; and

(4) $17,000,000 for fiscal year 2004.

-SOURCE-

(Pub. L. 95-124, Sec. 14, as added Pub. L. 106-503, title II, Sec.

205, Nov. 13, 2000, 114 Stat. 2306.)

-End-

-CITE-

42 USC Sec. 7709 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 86 - EARTHQUAKE HAZARDS REDUCTION

-HEAD-

Sec. 7709. Scientific Earthquake Studies Advisory Committee

-STATUTE-

(a) Establishment

The Director of the United States Geological Survey shall

establish a Scientific Earthquake Studies Advisory Committee.

(b) Organization

The Director shall establish procedures for selection of

individuals not employed by the Federal Government who are

qualified in the seismic sciences and other appropriate fields and

may, pursuant to such procedures, select up to 10 individuals, one

of whom shall be designated Chairman, to serve on the Advisory

Committee. Selection of individuals for the Advisory Committee

shall be based solely on established records of distinguished

service, and the Director shall ensure that a reasonable

cross-section of views and expertise is represented. In selecting

individuals to serve on the Advisory Committee, the Director shall

seek and give due consideration to recommendations from the

National Academy of Sciences, professional societies, and other

appropriate organizations.

(c) Meetings

The Advisory Committee shall meet at such times and places as may

be designated by the Chairman in consultation with the Director.

(d) Duties

The Advisory Committee shall advise the Director on matters

relating to the United States Geological Survey's participation in

the National Earthquake Hazards Reduction Program, including the

United States Geological Survey's roles, goals, and objectives

within that Program, its capabilities and research needs, guidance

on achieving major objectives, and establishing and measuring

performance goals. The Advisory Committee shall issue an annual

report to the Director for submission to Congress on or before

September 30 of each year. The report shall describe the Advisory

Committee's activities and address policy issues or matters that

affect the United States Geological Survey's participation in the

National Earthquake Hazards Reduction Program.

-SOURCE-

(Pub. L. 106-503, title II, Sec. 210, Nov. 13, 2000, 114 Stat.

2308.)

-COD-

CODIFICATION

Section was enacted as part of the Earthquake Hazards Reduction

Authorization Act of 2000, and not as part of the Earthquake

Hazards Reduction Act of 1977 which comprises this chapter.

-MISC1-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7706 of this title.

-End-