II 118th CONGRESS 2d Session S. 3606 IN THE SENATE OF THE UNITED STATES January 17, 2024 Mr. Padilla (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To reauthorize the Earthquake Hazards Reduction Act of 1977, and for other purposes.

1. Short title This Act may be cited as the National Earthquake Hazards Reduction Program Reauthorization Act of 2024 . 2. Modification of findings Section 2 of the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7701 ) is amended— (1) in paragraph (1)— (A) by striking 50 States, and the Commonwealth of Puerto Rico, and inserting States and Tribal jurisdictions ; (B) by striking of them and inserting States ; and (C) by adding at the end the following: Almost half of the United States population resides in areas that are at risk or experiencing a damaging earthquake during the 50-year period beginning on the date of the enactment of the National Earthquake Hazards Reduction Program Reauthorization Act of 2024 ; (2) in paragraph (2)— (A) by inserting after the first sentence the following: A 2023 report by the Federal Emergency Management Agency and the United States Geological Survey (FEMA P–366) estimates the annualized earthquake losses to the national building stock is $14,700,000,000 per year and the total economic exposure to earthquake losses (buildings and contents) across the nation is $107,800,000,000,000. ; and (B) in the third sentence— (i) by striking and construction and inserting , construction, evaluation, and retrofitting ; (ii) by striking and (E) and inserting the following: (E) inventories of buildings and infrastructure with high seismic risk, especially those that are critical to community resilience, (F) programs that require or incentivize replacement or retrofit of existing buildings and infrastructure with high seismic risk, especially those that are critical to community resilience, and (G) ; (3) in paragraph (3), by inserting Tribal, after local, ; (4) in paragraph (4), by striking could provide and all that follows through the period at the end and inserting is necessary to provide the scientific understanding needed to improve and expand the earthquake early warning system. ; (5) in paragraph (8), by striking cave-ins and inserting collapse ; (6) in paragraph (9)— (A) in the first sentence, by striking and local and inserting local, and Tribal government ; and (B) in the second sentence, by striking transfer knowledge and information to and inserting exchange knowledge and information between ; and (C) in the third sentence, by striking specifications, criteria and inserting guidelines, codes, standards ; (7) in paragraph (12)— (A) in the second sentence— (i) by striking When earthquakes occur, the built environment is generally and inserting Relatively newer buildings and infrastructure have generally been ; (ii) by striking and is and inserting when earthquakes occur, but most are ; and (B) by adding at the end the following: In addition, buildings and infrastructure built to older codes and standards may pose significant risk of injury, loss of life, or irreparable damage. A 2021 report submitted to Congress pursuant to section 8(b), as amended by section 5 of the National Earthquake Hazards Reduction Program Reauthorization Act of 2018 ( Public Law 115–307 ), by the Federal Emergency Management Agency and the National Institute of Standards and Technology (FEMA P2090/NST SP–1254) provides recommendations for improving post-earthquake functional recovery time of the built environment to support community resilience goals and many of these recommendations still need to be implemented. ; and (8) in paragraph (13)— (A) in the first sentence, by inserting in 2011 after a study ; (B) in the second sentence, by inserting (in 2011 dollars) after $300,000,000 ; and (C) by adding at the end the following: The cost of actual seismic retrofits to reduce known risks is not included in such valuation. . 3. Modification of purpose Section 3 of the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7702 ) is amended— (1) in paragraph (1)— (A) by striking and local and inserting , local, and Tribal government ; and (B) by striking locations and structures and inserting buildings and infrastructure ; (2) in paragraph (2)— (A) by striking and construction and inserting , construction, evaluation, and retrofitting ; and (B) by inserting housing and care facilities for vulnerable populations, after occupancy buildings ; and (3) in paragraph (4)— (A) by striking and local and inserting , local, and Tribal government ; and (B) by striking encourage consideration of and inserting incorporate . 4. Modification of definitions Section 4 of the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7703 ) is amended— (1) in paragraph (3), by inserting , including secondary effects such as earthquake-caused tsunamis ; and (2) by adding at the end the following: (11) The term Tribal government has the meaning given the term tribal government in section in section 421 of the Congressional Budget Act of 1974 ( 2 U.S.C. 658 ). (12) The term functional recovery means a post-earthquake performance state in which a building or lifeline infrastructure system is maintained, or restored, to safely and adequately support the basic intended functions associated with the pre-earthquake use or occupancy of a building, or the pre-earthquake service level of a lifeline infrastructure system. . 5. Improvements to National Earthquake Hazards Reduction Program (a) Program activities Subsection (a)(2) of section 5 of the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7704 ) is amended— (1) in subparagraph (B)— (A) in the matter before clause (i)— (i) by striking and local and inserting , local, and Tribal ; and (ii) by striking and constructing and inserting , designing, constructing, evaluating, and retrofitting ; (B) in clause (ii), by striking voluntary consensus codes for earthquake hazards reduction and inserting consensus codes for earthquake hazards reduction, including improved post-earthquake functional recovery, ; (C) in clause (iii), by striking and hazards reduction; and and inserting functional recovery, and other hazards reduction topics; ; (D) in clause (iv)— (i) by inserting and maintaining after publishing ; (ii) by inserting tsunami susceptibility, after liquefaction susceptibility, ; and (iii) by striking ; and and inserting a semicolon; and (E) by adding at the end the following: (v) development of best practices and guidelines to create an inventory of and conduct seismic performance evaluations of buildings, structures, and lifeline infrastructure with high seismic risk, especially those that are critical to community resilience; and (vi) the provision of technical assistance upon request by a State, local, or Tribal government regarding— (I) the creation of an inventory of buildings, structures, and lifeline infrastructure; (II) the performance of seismic performance evaluations; and (III) cost-effective best practices for retrofitting existing buildings, structures, and lifeline infrastructure. ; (2) in subparagraph (C), by striking ; and and inserting a semicolon; (3) by redesignating subparagraph (D) as subparagraph (E); and (4) by inserting after subparagraph (C) the following: (D) improve the understanding of— (i) the multiple hazards associated with earthquakes, including liquefaction, tsunamis, landslides, structural fires, and the compounding effects of climate on these hazards; and (ii) potential mitigation measures for such hazards; and . (b) Duties of Interagency Coordinating Committee on Earthquake Hazards Reduction Subsection (a)(3)(D)(ii) of such section is amended— (1) in subclause (V), by inserting and associated secondary hazards before the period at the end; and (2) by adding at the end the following: (VIII) Coordinating with the Chair of the Federal Communications Commission on the timely broadcasting of emergency alerts generated by the earthquake early warning system. . (c) Biennial report Subsection (a)(4)(A) of such section is amended by striking under paragraph (3)(D)(i)(I) each place it appears and inserting under paragraph (3)(D)(ii)(I) . (d) Advisory committee Subsection (a)(5)(A) of such section is amended— (1) by striking and local government and inserting , local, and Tribal governments ; and (2) by inserting social, after scientific, . (e) Lead agency for responsibilities of Program agencies Subsection (b)(1) of such section is amended— (1) in subparagraph (A)— (A) by striking and local and inserting local, and Tribal governments ; and (B) by striking plan and constructing and inserting planning, designing, constructing, evaluating, and retrofitting ; (2) by redesignating subparagraphs (C) and (D) as subparagraphs (F) and (G), respectively; and (3) by inserting after subparagraph (B) the following: (C) improve the understanding of earthquake-caused fires and support the development of engineering tools and construction methods that mitigate the risk of fire following earthquakes; (D) develop, in coordination with the Administrator of the Federal Emergency Management Agency, best practices and guidelines for a State, local, or Tribal government to create an inventory of buildings, structures, or lifeline infrastructure that are critical to community resilience or otherwise have high seismic risk; (E) provide, in coordination with the Administrator of the Federal Emergency Management Agency, technical assistance to a State, local, or Tribal government requesting such assistance with respect to the creation of an inventory of buildings, structures, or lifeline infrastructure; . (f) Responsibilities of Federal Emergency Management Agency Subsection (b)(2) of such section is amended— (1) in subparagraph (A)— (A) in clause (i)— (i) by inserting and Tribal governments after States ; (ii) by striking safety inspections and inserting performance evaluations ; and (iii) by inserting and improve post-earthquake functional recovery after seismic safety ; (B) in clause (ii), by inserting , including Tribal entities, after appropriate audiences ; (C) in clause (iii)— (i) by striking of seismic resistant and inserting to all appropriate audiences, including Tribal governments, of ; and (ii) by inserting that enhance seismic safety, improve post-earthquake functional recovery, and reduce losses from earthquakes after and lifeline infrastructure ; (D) in clause (iv)— (i) in striking and local and inserting , local, and Tribal ; and (ii) by striking ; and and inserting a semicolon; (E) by redesignating clause (v) as clause (vi); and (F) by inserting after clause (iv) the following: (v) shall provide technical assistance to State, local, or Tribal governmental entities in the creation of evacuation plans in the event of an earthquake, landslide, tsunami, or other earthquake-related hazard; and ; and (2) in subparagraph (B)— (A) in the subparagraph heading, by inserting and Tribal after State ; (B) in the matter before clause (i), by inserting or Tribal government after State ; and (C) in clause (i), by striking safety and inserting performance, community resilience, or public awareness . (g) Responsibilities of United States Geological Survey Subsection (b)(3) of such section is amended— (1) in subparagraph (B), by striking and local and inserting , local, and Tribal ; (2) in subparagraph (C), by inserting , the Chair of the Federal Communications Commission, after Agency ; (3) by redesignating subparagraphs (D) through (K) as subparagraphs (J) through (O), respectively; (4) by inserting after subparagraph (C) the following: (D) coordinate with the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Federal Emergency Management Agency on data sharing and resource allocation to support a timely response to oceanic earthquakes and tsunamis; (E) in consultation with the Chair of the Federal Communications Commission, ensure that earthquake alerts and early warnings are broadcast as rapidly and reliably as possible, in the predominant languages in the affected region, to ensure maximum warning time for nearby persons; (F) expand the earthquake early warning system within and to additional high earthquake hazard areas, including making improvements as practicable to improve detection and increase the time between warning messages and perceptible ground motion; (G) coordinating with affected State and Tribal governments on earthquake early warning system improvements; ; (5) in subparagraph (H), as redesignated by paragraph (3), by inserting the Chair of the Federal Communications Commission, after Agency, ; (6) in subparagraph (K), as redesignated by paragraph (3), by striking ; and and inserting a semicolon; (7) in subparagraph (L), as redesignated by paragraph (3), by striking the period at the end and inserting a semicolon; and (8) in subparagraph (N), as redesignated by paragraph (3), by inserting maps of natural hazards associated with earthquakes and . (h) Responsibilities of National Science Foundation Subsection (b)(4)(A) of such section is amended— (1) in clause (iii), by inserting including updated tsunami and liquefaction risk maps, ; and (2) in clause (vii), by striking Historically Black Colleges and Universities and those serving large proportions of Hispanics, Native Americans, Asian-Pacific Americans, and other underrepresented populations and inserting institutions described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ) . 6. Seismic performance property standards Section 947 of the Cranston-Gonzales National Affordable Housing Act ( 42 U.S.C. 7704a ) is amended— (1) in subsection (a), by striking safety both places it appears and inserting performance ; and (2) in subsection (b), by striking shake-related property damage and inserting seismic-related property damage to improve the post-earthquake functional recovery time . 7. Seismic standards Section 8 of the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7705b ) is amended— (1) in subsection (b), by striking under paragraph (1) and inserting under subsection (a) ; and (2) by adding at the end the following: (c) Implementation of recommendations Each Program agency, as part of their Program responsibilities, shall execute research, projects, grants, and other activities that support, promote, advance, or otherwise implement the recommendations in the report submitted pursuant to subsection (b) to improve the performance of the built environment in terms of post-earthquake reoccupancy and functional recovery time. (d) Biennial reports (1) Biennial reports to Interagency Coordinating Committee No later than June 30, 2025, and not less frequently than once every 2 years thereafter, each Program agency shall submit to the Interagency Coordinating Committee a report on activities and progress made to support, promote, or advance the implementation of the recommendations included in the report submitted pursuant to subsection (b). (2) Inclusion in biennial reports of Interagency Coordinating Committee The Interagency Coordinating Committee shall include the information received under paragraph (1) in each biennial report submitted under section 5(a)(4), including consideration of a prioritized work plan to coordinate activities among the Program agencies and the necessary Program budget to fully implement the recommendations described in paragraph (1). . 8. Improvements to post-earthquake investigations program Section 11 of the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7705e ) is amended, in the matter before paragraph (1)— (1) in the first sentence, by inserting domestic and international after investigate major ; and (2) in the fifth sentence, by inserting Federal Emergency Management before Agency . 9. Authorization of appropriations (a) General authorization for program Subsection (a)(8) of section 12 of the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7706 ) is amended— (1) in subparagraph (I), by striking , and and inserting a comma; and (2) by inserting after subparagraph (J) the following: (K) $10,590,000 for fiscal year 2024, (L) $10,590,000 for fiscal year 2025, (M) $10,590,000 for fiscal year 2026, (N) $10,590,000 for fiscal year 2027, and (O) $10,590,000 for fiscal year 2028, . (b) United States Geological Survey Subsection (b)(2) of such section is amended— (1) in subparagraph (I), by striking ; and and inserting a semicolon; (2) in subparagraph (J), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (K) $100,900,000 for fiscal year 2024, of which not less than $36,000,000 shall be made available for completion of the Advanced National Seismic System established under section 13; (L) $100,900,000 for fiscal year 2025, of which not less than $36,000,000 shall be made available for completion of the Advanced National Seismic System established under section 13; (M) $100,900,000 for fiscal year 2026, of which not less than $36,000,000 shall be made available for completion of the Advanced National Seismic System established under section 13; (N) $100,900,000 for fiscal year 2027, of which not less than $36,000,000 shall be made available for completion of the Advanced National Seismic System established under section 13; and (O) $100,900,000 for fiscal year 2028, of which not less than $36,000,000 shall be made available for completion of the Advanced National Seismic System established under section 13. . (c) National Science Foundation Subsection (c)(2) of such section is amended— (1) in subparagraph (I), by striking , and and inserting a comma; (2) in subparagraph (J), by striking the period at the end and inserting a comma; and (3) by adding at the end the following: (K) $58,000,000 for fiscal year 2024, (L) $58,000,000 for fiscal year 2025, (M) $58,000,000 for fiscal year 2026, (N) $58,000,000 for fiscal year 2027, and (O) $58,000,000 for fiscal year 2028. . (d) National Institute of Standards and Technology Subsection (d)(2) of such section is amended— (1) in subparagraph (I), by striking , and and inserting a comma; (2) in subparagraph (J), by striking the period at the end and inserting a comma; and (3) by inserting after subparagraph (J) the following: (K) $5,900,000 for fiscal year 2024, (L) $5,900,000 for fiscal year 2025, (M) $5,900,000 for fiscal year 2026, (N) $5,900,000 for fiscal year 2027, and (O) $5,900,000 for fiscal year 2028, .