[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Presidential Documents]
[Pages 6407-6410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02475]



[[Page 6405]]

Vol. 81

Friday,

No. 24

February 5, 2016

Part IV





The President





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Executive Order 13717--Establishing a Federal Earthquake Risk 
Management Standard


                        Presidential Documents 



Federal Register / Vol. 81 , No. 24 / Friday, February 5, 2016 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

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                Executive Order 13717 of February 2, 2016

                
Establishing a Federal Earthquake Risk Management 
                Standard

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the Earthquake Hazards Reduction Act 
                of 1977, as amended, and section 121(a) of title 40, 
                United States Code, and to improve the Nation's 
                resilience to earthquakes, I hereby direct the 
                following:

                Section 1. Policy. It is the policy of the United 
                States to strengthen the security and resilience of the 
                Nation against earthquakes, to promote public safety, 
                economic strength, and national security. To that end, 
                the Federal Government must continue to take proactive 
                steps to enhance the resilience of buildings that are 
                owned, leased, financed, or regulated by the Federal 
                Government. When making investment decisions related to 
                Federal buildings, each executive department and agency 
                (agency) responsible for implementing this order shall 
                seek to enhance resilience by reducing risk to the 
                lives of building occupants and improving continued 
                performance of essential functions following future 
                earthquakes. The Federal Government recognizes that 
                building codes and standards primarily focus on 
                ensuring minimum acceptable levels of earthquake safety 
                for preserving the lives of building occupants. To 
                achieve true resilience against earthquakes, however, 
                new and existing buildings may need to exceed those 
                codes and standards to ensure, for example, that the 
                buildings can continue to perform their essential 
                functions following future earthquakes. Agencies are 
                thus encouraged to consider going beyond the codes and 
                standards set out in this order to ensure that 
                buildings are fully earthquake resilient.

                Sec. 2. Requirements for Earthquake Safety of New 
                Federal Buildings, Improvements to Existing Federal 
                Buildings, and Federally Leased, Financed, or Regulated 
                Buildings.

                    (a) New Buildings and Alterations to Existing 
                Buildings. Each agency responsible for the design and 
                construction of a new building or an alteration to an 
                existing building shall ensure that the building is 
                designed, constructed, or altered, respectively, in 
                accord with appropriate earthquake-resistant design and 
                construction codes and standards as set forth in 
                sections 3(a) and 3(b) of this order.
                    (b) Space Leased for Federal Occupancy. Each agency 
                responsible for the lease of a building shall, to the 
                extent permitted by law, ensure that it leases only 
                buildings that have been designed and constructed in 
                accord with the appropriate earthquake-resistant design 
                and construction standards that apply to the type of 
                lease at issue, as set forth in section 3(c) of this 
                order.
                    (c) Federal Assistance Programs. Each agency 
                assisting in the financing, through Federal grants or 
                loans, or guaranteeing the financing, through loan or 
                mortgage insurance programs, of a newly constructed 
                building shall consider updating its procedures for 
                providing the assistance to be consistent with section 
                3(a) of this order, to assure appropriate consideration 
                of earthquake safety.
                    (d) Federally Regulated Buildings. Each agency with 
                responsibility for regulating the structural safety of 
                a new building shall consider using earthquake-
                resistant design and construction standards for the new 
                building consistent with section 3(a) of this order.

[[Page 6408]]

                Sec. 3. Codes, Standards, and Concurrent Requirements. 
                (a) Commencing within 90 days after the date of this 
                order, each agency shall ensure that every new building 
                for which the agency has not started programming is in 
                compliance with the earthquake-resistant design 
                provisions of the 2015 editions of the International 
                Building Code (IBC) or the International Residential 
                Code (IRC), nationally recognized building codes 
                promulgated by the International Code Council (ICC), or 
                equivalent codes, consistent with the provisions of and 
                to the extent required by 40 U.S.C. 3312. When the ICC 
                releases a new version of the IRC or IBC, each agency 
                that constructs buildings shall determine whether the 
                new version is a nationally recognized code for the 
                purposes of 40 U.S.C. 3312(b), as expeditiously as 
                practicable, but not later than 2 years after the 
                release of the new version. If an agency determines 
                that a new version is a nationally recognized code, it 
                shall ensure that any building, for which the agency 
                has not started programming, shall be in compliance 
                with that new version or an equivalent code.

                    (b) Each agency that owns an existing Federal 
                building shall adopt the Standards of Seismic Safety 
                for Existing Federally Owned and Leased Buildings 
                (Standards), which are developed, issued, and 
                maintained by the Interagency Committee on Seismic 
                Safety in Construction (ICSSC), as the minimum level 
                acceptable for managing the earthquake risks in that 
                building. Any agency that has not adopted the Standards 
                at the time of this order shall adopt the Standards no 
                later than 90 days from the date of this order. All 
                agencies shall adopt subsequent editions of the 
                Standards as expeditiously as practicable, but no later 
                than 2 years following their issuance.
                    (c) Each agency that leases space in an existing 
                building shall adopt the Standards as the minimum level 
                acceptable for managing the earthquake risks in that 
                building. This requirement shall apply to existing 
                leases or leases existing at the time of issuance of 
                updated Standards only to the extent appropriate, as 
                determined by the leasing agency. With respect to 
                leases for a building being constructed to accommodate 
                a Federal agency under the authority in 40 U.S.C. 
                585(a), the leasing agency shall ensure that the 
                building complies with the earthquake-resistant design 
                and construction standards that would apply to a 
                building constructed by the agency pursuant to section 
                3(a) of this order. With respect to such leases entered 
                into under authority other than 40 U.S.C. 585(a), the 
                leasing agency shall ensure that the building complies 
                with the earthquake-resistant design and construction 
                standards that would apply to a building constructed by 
                the agency pursuant to section 3(a) of this order, to 
                the extent permitted by law.
                    (d) Agencies may require higher performance levels 
                than exist in the codes and standards described in 
                sections 3(a), (b), and (c) of this order.

                Sec. 4. Agency and Committee Responsibilities. (a) The 
                ICSSC shall be composed of representatives of all 
                Federal agencies engaged in construction, financing of 
                construction, or related activities. The National 
                Earthquake Hazards Reduction Program (NEHRP) Lead 
                Agency, currently the National Institute of Standards 
                and Technology (NIST), shall lead the ICSSC, and shall 
                lead the development and maintenance of ICSSC 
                guidelines to assist the Federal agencies with 
                implementing earthquake risk reduction measures in 
                their construction programs.

                    (b) Agencies whose activities are covered by this 
                order shall designate one or more Seismic Safety 
                Coordinator(s) to serve as focal points for the 
                agency's compliance with this order and to participate 
                in the ICSSC as appropriate. Within 30 days of the date 
                of this order, each agency shall identify its Seismic 
                Safety Coordinator(s) to the Director of NIST.
                    (c) The Director of NIST, on behalf of the ICSSC, 
                shall issue implementing guidelines to assist agency 
                compliance with this order within 8 months of the date 
                of this order. The implementing guidelines shall 
                provide specific guidance, including guidance about the 
                roles and responsibilities of the agencies under 
                section 2 of this order. The implementing guidelines 
                shall

[[Page 6409]]

                also describe the responsibilities and necessary 
                qualifications of the Seismic Safety Coordinator.
                    (d) The Director of NIST, on behalf of the ICSSC, 
                shall provide assistance in interpreting the 
                implementing guidelines to the Federal departments and 
                agencies.
                    (e) The ICSSC shall publish updated Standards for 
                assessing and enhancing the earthquake resilience of 
                existing buildings as required by this order. The ICSSC 
                shall review and update the Standards as needed to 
                comply with this order at the maximum interval of every 
                6 years. Participation in the ICSSC shall continue to 
                be open to all agencies with programs affected by this 
                order. The Director of NIST shall provide support for 
                the secretariat of the ICSSC and determine the 
                frequency and scope of the ICSSC meetings as necessary 
                to support this order.
                    (f) Agencies whose activities are covered by this 
                order shall submit biennial reports to the Director of 
                the Office of Management and Budget (OMB) and the 
                Director of NIST on their progress in implementing the 
                order, commencing 2 years from the date of this order.
                    (g) Agency compliance shall be summarized in the 
                NEHRP reports to the Congress.

                Sec. 5. Revocation. Executive Order 12699 of January 5, 
                1990 (Seismic Safety of Federal and Federally Assisted 
                or Regulated New Building Construction), as amended, 
                and Executive Order 12941 of December 1, 1994 (Seismic 
                Safety of Existing Federally Owned or Leased Buildings) 
                are hereby revoked.

                Sec. 6. Definitions. As used in this order:

                    (a) ``building'' means any structure, fully or 
                partially enclosed, used or intended for sheltering 
                persons or property;
                    (b) ``alteration to an existing building'' means an 
                action that alters, as defined in 40 U.S.C. 3301(a)(1), 
                a building and that significantly extends the 
                building's useful life and totals more than the 
                replacement values established in the Standards for the 
                building's assigned Seismic Design Category; and
                    (c) ``programming'' means developing and validating 
                project assumptions, scope, budgets, and implementation 
                strategy for a building.

                Sec. 7. Exemption Authority. (a) The head of an agency 
                may exempt a building from sections 2 and 3 of this 
                order:

(i) to the extent the head of an agency determines that exempting such 
building is substantially related to an important law enforcement purpose; 
or

(ii) to the extent the head of an agency determines that exempting such 
building is necessary to address an extraordinary circumstance relating to 
national security or public safety.

                    (b) Even when otherwise eligible for an exemption 
                under this section, each agency shall strive to comply 
                with the purposes, goals, and requirements set forth in 
                this order to the maximum extent practicable.
                    (c) If the head of an agency issues an exemption 
                under this section, the agency must notify the Director 
                of OMB in writing within 30 days of issuance of the 
                exemption under this subsection.

                Sec. 8. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the 
head thereof; or

(ii) the functions of the Director of OMB relating to budgetary, 
administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party

[[Page 6410]]

                against the United States, its departments, agencies, 
                or entities, its officers, employees, or agents, or any 
                other person.
                    (d) Nothing in this order shall apply to assistance 
                provided for emergency work essential to save lives and 
                protect property and public health and safety, 
                performed pursuant to agencies' statutory authorities, 
                and sections 402, 403, 502, and 503 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (the ``Stafford Act'') (42 U.S.C. 5170a, 5170b, 5192, 
                and 5193), or for temporary housing assistance programs 
                and individual and family grants performed pursuant to 
                section 408 of the Stafford Act (42 U.S.C. 5174). This 
                order shall, however, apply to other provisions of the 
                Stafford Act after a Presidentially declared major 
                disaster or emergency when assistance actions involve 
                new construction or alterations to an existing 
                building.
                    (e) This order applies only to buildings within the 
                United States and its territories and possessions.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                 THE WHITE HOUSE,

                    February 2, 2016.

[FR Doc. 2016-02475
Filed 2-4-16; 11:15 am]
Billing code 3295-F6-P