
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-503 Section 206]
[Document affected by Public Law 106-503 Section 208]
[Document affected by Public Law 106-503 Section 202(c)]
[Document affected by Public Law 107-110 Section 1076(cc)]
[CITE: 42USC7704]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 86--EARTHQUAKE HAZARDS REDUCTION
 
Sec. 7704. National Earthquake Hazards Reduction Program


(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) prepare, in conjunction with the other Program agencies, 
        an annual budget for the Program to be submitted to the Office 
        of Management and Budget;
            (B) 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;
            (C) 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;
            (D) 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;
            (E) request the assistance of Federal agencies other than 
        the Program agencies, as necessary to assist in carrying out 
        this chapter; and
            (F) 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;
                (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.

(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.)

                       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.


                               Amendments

    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).


              Contribution to the Advancement of Seismology

    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 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.
    ``(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 14101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).
            ``(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.

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, 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 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 Federal Emergency 
Management Agency (FEMA) funding applies.
    Sec. 4. Agency Responsibilities. (a) The Director of the Federal 
Emergency Management Agency 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 Federal Emergency Management Agency 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 FEMA 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.
                                                            George Bush.

                  Section Referred to in Other Sections

    This section is referred to in sections 7703, 7706 of this title; 
title 23 section 502.
