Presidential Documents

6407 

Federal Register 

Vol. 81, No. 24 

Friday, February 5, 2016 

Title 3— 

The President 

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. 

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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 

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

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6410 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Presidential Documents 

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. 

THE WHITE HOUSE, 

February 2, 2016. 

[FR Doc. 2016–02475 

Filed 2–4–16; 11:15 am] 

Billing code 3295–F6–P 


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