US 42 USC 7701 Earthquake Hazards Reduction

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(B) the maximum production level permitted
for the substance or substances concerned in
the transfer year under applicable domestic
law minus the production allowances transferred, or (C) the average of the actual national production level of the substance or
substances concerned for the 3 years prior to
the transfer minus the production allowances
transferred.
(2) The United States may acquire production allowances from another Party if, at the
time of such transfer, the Administrator finds
that the other Party has revised its domestic
production limits in the same manner as provided with respect to transfers by the United
States in this subsection.
(b) Effect of transfers on production limits
The Administrator is authorized to reduce the
production limits established under this chapter
as required as a prerequisite to transfers under
paragraph (1) of subsection (a) of this section or
to increase production limits established under
this chapter to reflect production allowances acquired under a transfer under paragraph (2) of
subsection (a) of this section.
(c) Regulations
The Administrator shall promulgate, within 2
years after November 15, 1990, regulations to implement this section.
(d) ‘‘Applicable domestic law’’ defined
In the case of the United States, the term ‘‘applicable domestic law’’ means this chapter.
(July 14, 1955, ch. 360, title VI, § 616, as added
Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104
Stat. 2669.)

Protocol, there are authorized to be appropriated not more than an additional $30,000,000
to carry out this section in fiscal years 1991,
1992, and 1993.
(July 14, 1955, ch. 360, title VI, § 617, as added
Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104
Stat. 2669.)
AUTHORITY OF SECRETARY OF STATE
Except as otherwise provided, Secretary of State to
have and exercise any authority vested by law in any
official or office of Department of State and references
to such officials or offices deemed to refer to Secretary
of State or Department of State, as appropriate, see
section 2651a of Title 22, Foreign Relations and Intercourse, and section 161(d) of Pub. L. 103–236, set out as
a note under section 2651a of Title 22.

§ 7671q. Miscellaneous provisions
For purposes of section 7416 of this title, requirements concerning the areas addressed by
this subchapter for the protection of the stratosphere against ozone layer depletion shall be
treated as requirements for the control and
abatement of air pollution. For purposes of section 7418 of this title, the requirements of this
subchapter and corresponding State, interstate,
and local requirements, administrative authority, and process, and sanctions respecting the
protection of the stratospheric ozone layer shall
be treated as requirements for the control and
abatement of air pollution within the meaning
of section 7418 of this title.
(July 14, 1955, ch. 360, title VI, § 618, as added
Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104
Stat. 2670.)
CHAPTER 86—EARTHQUAKE HAZARDS
REDUCTION

§ 7671p. International cooperation
(a) In general
The President shall undertake to enter into
international agreements to foster cooperative
research which complements studies and research authorized by this subchapter, and to develop standards and regulations which protect
the stratosphere consistent with regulations applicable within the United States. For these purposes the President through the Secretary of
State and the Assistant Secretary of State for
Oceans and International Environmental and
Scientific Affairs, shall negotiate multilateral
treaties, conventions, resolutions, or other
agreements, and formulate, present, or support
proposals at the United Nations and other appropriate international forums and shall report
to the Congress periodically on efforts to arrive
at such agreements.
(b) Assistance to developing countries
The Administrator, in consultation with the
Secretary of State, shall support global participation in the Montreal Protocol by providing
technical and financial assistance to developing
countries that are Parties to the Montreal Protocol and operating under article 5 of the Protocol. There are authorized to be appropriated not
more than $30,000,000 to carry out this section in
fiscal years 1991, 1992 and 1993 and such sums as
may be necessary in fiscal years 1994 and 1995. If
China and India become Parties to the Montreal

§ 7701

Sec.

7701.
7702.
7703.
7704.

Congressional findings.
Congressional statement of purpose.
Definitions.
National Earthquake Hazards Reduction Program.
7704a.
Report on seismic safety property standards.
7705, 7705a. Repealed.
7705b.
Seismic standards.
7705c.
Acceptance of gifts.
7705d.
Repealed.
7705e.
Post-earthquake investigations program.
7706.
Authorization of appropriations.
7707.
Advanced National Seismic Research and
Monitoring System.
7708.
Network for Earthquake Engineering Simulation.
7709.
Scientific Earthquake Studies Advisory Committee.

§ 7701. Congressional findings
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, de-

§ 7701

TITLE 42—THE PUBLIC HEALTH AND WELFARE

struction 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 earlywarning 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

Page 6628

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.
(Pub. L. 95–124, § 2, Oct. 7, 1977, 91 Stat. 1098; Pub.
L. 101–614, § 2, Nov. 16, 1990, 104 Stat. 3231.)
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 2004 AMENDMENT
Pub. L. 108–360, title I, § 101, Oct. 25, 2004, 118 Stat.
1668, provided that: ‘‘This title [amending sections 7703,
7704, and 7706 to 7708 of this title] may be cited as the
‘National Earthquake Hazards Reduction Program Reauthorization Act of 2004’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–503, title II, § 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
Pub. L. 101–614, § 1, Nov. 16, 1990, 104 Stat. 3231, 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
Pub. L. 95–124, § 1, Oct. 7, 1977, 91 Stat. 1098, provided:
‘‘That this Act [enacting this chapter] may be cited as
the ‘Earthquake Hazards Reduction Act of 1977’.’’
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.
REPORT ON AT-RISK POPULATIONS
Pub. L. 106–503, title II, § 207, Nov. 13, 2000, 114 Stat.
2307, required the Director of the Federal Emergency

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Management Agency to transmit to Congress a report
no later than 1 year after Nov. 13, 2000, describing the
elements of the National Earthquake Hazards Reduction Program that specifically addressed the needs of
at-risk populations.

§ 7702. Congressional statement of purpose
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 landuse 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.
(Pub. L. 95–124, § 3, Oct. 7, 1977, 91 Stat. 1099; Pub.
L. 101–614, § 3, Nov. 16, 1990, 104 Stat. 3231.)
AMENDMENTS
1990—Pub. L. 101–614 inserted sentence at end, listing
objectives of program.

§ 7703. Definitions
As used in this chapter, unless the context
otherwise requires:

§ 7703

(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.
(8) The term ‘‘Interagency Coordinating
Committee’’ means the Interagency Coordinating Committee on Earthquake Hazards Reduction established under section 7704(a) of
this title.
(9) The term ‘‘Advisory Committee’’ means
the Advisory Committee established under
section 7704(a)(5) of this title.
(Pub. L. 95–124, § 4, Oct. 7, 1977, 91 Stat. 1099; Pub.
L. 101–614, § 4, Nov. 16, 1990, 104 Stat. 3232; Pub. L.
106–503, title II, § 209, Nov. 13, 2000, 114 Stat. 2308;
Pub. L. 108–360, title I, § 102, Oct. 25, 2004, 118
Stat. 1668.)
AMENDMENTS
2004—Pars. (8), (9). Pub. L. 108–360 added pars. (8) and
(9).
2000—Par. (6). Pub. L. 106–503 inserted ‘‘and infrastructure’’ after ‘‘communication facilities’’.
1990—Par. (2). Pub. L. 101–614, § 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, § 4(2), added pars. (6) and
(7).
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
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 former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reor-

§ 7704

TITLE 42—THE PUBLIC HEALTH AND WELFARE

ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 7704. National Earthquake Hazards Reduction
Program
(a) Establishment
(1) In general
There is established the National Earthquake Hazards Reduction Program.
(2) Program activities
The activities of the Program shall be designed to—
(A) develop effective measures for earthquake hazards reduction;
(B) promote the adoption of earthquake
hazards reduction measures by Federal,
State, and local governments, national
standards and model code organizations, architects and engineers, building owners, and
others with a role in planning and constructing buildings, structures, and lifelines
through—
(i) grants, contracts, cooperative agreements, and technical assistance;
(ii) development of standards, guidelines,
and voluntary consensus codes for earthquake hazards reduction for buildings,
structures, and lifelines;
(iii) development and maintenance of a
repository of information, including technical data, on seismic risk and hazards reduction; and
(C) improve the understanding of earthquakes and their effects on communities,
buildings, structures, and lifelines, through
interdisciplinary research that involves engineering, natural sciences, and social, economic, and decisions sciences; and
(D) develop, operate, and maintain an Advanced National Seismic Research and Monitoring System established under section
7707 of this title, the George E. Brown, Jr.
Network for Earthquake Engineering Simulation established under section 7708 of this
title, and the Global Seismographic Network.
(3) Interagency Coordinating Committee on
Earthquake Hazards Reduction
(A) In general
There is established an Interagency Coordinating Committee on Earthquake Hazards Reduction chaired by the Director of
the National Institute of Standards and
Technology (referred to in this subsection as
the ‘‘Director’’).
(B) Membership
The committee shall be composed of the
directors of—
(i) the Federal Emergency Management
Agency;
(ii) the United States Geological Survey;
(iii) the National Science Foundation;
(iv) the Office of Science and Technology
Policy; and
(v) the Office of Management and Budget.
(C) Meetings
The Committee shall meet not less than 3
times a year at the call of the Director.

Page 6630

(D) Purpose and duties
The Interagency Coordinating Committee
shall oversee the planning, management,
and coordination of the Program. The Interagency Coordinating Committee shall—
(i) develop, not later than 6 months after
October 25, 2004, and update periodically—
(I) a strategic plan that establishes
goals and priorities for the Program activities described under subsection (a)(2)
of this section; and
(II) a detailed management plan to implement such strategic plan; and
(ii) develop a coordinated interagency
budget for the Program that will ensure
appropriate balance among the Program
activities described under subsection (a)(2)
of this section, and, in accordance with the
plans developed under clause (i), submit
such budget to the Director of the Office of
Management and Budget at the time designated by that office for agencies to submit annual budgets.
(4) Annual report
The Interagency Coordinating Committee
shall transmit, at the time of the President’s
budget request to Congress, an annual report
to the Committee on Science and the Committee on Resources of the House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate.
Such report shall include—
(A) the Program budget for the current fiscal year for each agency that participates in
the Program, and for each major goal established for the Program activities under subparagraph (3)(A);
(B) the proposed Program budget for the
next fiscal year for each agency that participates in the Program, and for each major
goal established for the Program activities
under subparagraph (3)(A);
(C) a description of the activities and results of the Program during the previous
year, including an assessment of the effectiveness of the Program in furthering the
goals established in the strategic plan under
(3)(A) 1 ;
(D) a description of the extent to which
the Program has incorporated the recommendations of the Advisory Committee;
(E) a description of activities, including
budgets for the current fiscal year and proposed budgets for the next fiscal year, that
are carried out by Program agencies and
contribute to the Program, but are not included in the Program; and
(F) a description of the activities, including budgets for the current fiscal year and
proposed budgets for the following fiscal
year, related to the grant program carried
out under subsection (b)(2)(A)(i) of this section.
(5) Advisory Committee
(A) In general
The Director shall establish an Advisory
Committee on Earthquake Hazards Reduc1 So in original. Probably should be preceded by ‘‘subparagraph’’.

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tion of at least 11 members, none of whom
may be an employee (as defined in subparagraphs (A) through (F) of section 7342(a)(1) of
title 5 2 including representatives of research
and academic institutions, industry standards development organizations, State and
local government, and financial communities who are qualified to provide advice on
earthquake hazards reduction and represent
all related scientific, architectural, and engineering disciplines. The recommendations
of the Advisory Committee shall be considered by Federal agencies in implementing
the Program.
(B) Assessment
The Advisory Committee shall assess—
(i) trends and developments in the
science and engineering of earthquake hazards reduction;
(ii) effectiveness of the Program in carrying out the activities under (a)(2) 3 of
this section;
(iii) the need to revise the Program; and
(iv) the management, coordination, implementation, and activities of the Program.
(C) Report
Not later than 1 year after October 25, 2004,
and at least once every 2 years thereafter,
the Advisory Committee shall report to the
Director on its findings of the assessment
carried out under subparagraph (B) and its
recommendations for ways to improve the
Program. In developing recommendations,
the Committee shall consider the recommendations of the United States Geological
Survey Scientific Earthquake Studies Advisory Committee.
(D) Federal Advisory Committee Act application
Section 14 of the Federal Advisory Committee Act (5 App. U.S.C. 14) shall not apply
to the Advisory Committee.
(b) Responsibilities of Program agencies
(1) Lead agency
The National Institute of Standards and
Technology shall have the primary responsibility for planning and coordinating the Program. In carrying out this paragraph, the Director of the Institute 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) support the development of performance-based seismic engineering tools, and
work with appropriate groups to promote
the commercial application of such tools,
through earthquake-related building codes,
standards, and construction practices;
2 So in original. Probably should be followed by a closing parenthesis.
3 So in original. Probably should be preceded by ‘‘subsection’’.

§ 7704

(C) request the assistance of Federal agencies other than the Program agencies, as
necessary to assist in carrying out this chapter; and
(D) work with the Federal Emergency
Management Agency, the National Science
Foundation, 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.
(2) Department of Homeland Security; Federal
Emergency Management Agency
(A) Program responsibilities
The Under Secretary of Homeland Security for Emergency Preparedness and Response (the Administrator of the Federal
Emergency Management Agency)—
(i) shall work closely with national
standards and model building code organizations, in conjunction with the National
Institute of Standards and Technology, to
promote the implementation of research
results;
(ii) shall promote better building practices within the building design and construction industry including architects,
engineers, contractors, builders, and inspectors;
(iii) shall operate a program of grants
and assistance to enable States to develop
mitigation, 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;
(iv) shall support the implementation of
a comprehensive earthquake education
and public awareness program, including
development of materials and their wide
dissemination to all appropriate audiences
and support public access to locality-specific information that may assist the public in preparing for, mitigating against, responding to and recovering from earthquakes and related disasters;
(v) shall assist the National Institute of
Standards and Technology, other Federal
agencies, and private sector groups, in the
preparation, maintenance, and wide dissemination of seismic resistant design
guidance and related information on building codes, standards, and practices for new
and existing buildings, structures, and lifelines, and aid in the development of performance-based design guidelines and
methodologies supporting model codes for
buildings, structures, and lifelines that are
cost effective and affordable;
(vi) shall develop, coordinate, and execute the National Response Plan when required following an earthquake, and sup-

§ 7704

TITLE 42—THE PUBLIC HEALTH AND WELFARE

port the development of specific State and
local plans for each high risk area to ensure the availability of adequate emergency medical resources, search and rescue
personnel and equipment, and emergency
broadcast capability;
(vii) shall develop approaches to combine
measures for earthquake hazards reduction
with measures for reduction of other natural and technological hazards including
performance-based design approaches;
(viii) shall provide preparedness, response, and mitigation recommendations
to communities after an earthquake prediction has been made under paragraph
(3)(D); and
(ix) may enter into cooperative agreements or contracts with States and local
jurisdictions and other Federal agencies 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
Administrator 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 inkind 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 re-

Page 6632

quirement may be satisfied through inkind 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 and other activities 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 Administrator of the Federal Emergency Management Agency and
the Director of the National Institute of
Standards and Technology, for issuing earthquake predictions, including aftershock
advisories;
(D) issue when necessary, and notify the
Administrator of the Federal Emergency
Management Agency and the Director of the
National Institute of Standards and Technology 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) operate, using the National Earthquake Information Center, a forum 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 System;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(G) support regional seismic networks,
which shall complement the National Seismic Network; and 4
(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.5
(I) work with other Program agencies to
coordinate Program activities with similar
earthquake hazards reduction efforts in
other countries, to ensure that the Program
benefits from relevant information and advances in those countries; and
(J) maintain suitable seismic hazard maps
in support of building codes for structures
and lifelines, including additional maps
needed for performance-based design approaches.
(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) support research that improves the
safety and performance of buildings, structures, and lifeline systems using large-scale
experimental and computational facilities of
the George E. Brown Jr. Network for Earthquake Engineering Simulation and other institutions engaged in research and the implementation of the National Earthquake
Hazards Reduction Program;
(E) emphasize, in earthquake engineering
research, development of economically feasible methods to retrofit existing buildings
and to protect lifelines to mitigate earthquake damage;
(F) support research that studies the political, economic, and social factors that influ4 So
5 So

in original. The word ‘‘and’’ probably should not appear.
in original. The period probably should be a semicolon.

§ 7704

ence the implementation of hazard reduction
measures;
(G) include to the maximum extent practicable diverse institutions, including Historically Black Colleges and Universities
and those serving large proportions of Hispanics, Native Americans, Asian-Pacific
Americans, and other underrepresented populations; and
(H) 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
In addition to the lead agency responsibilities described under paragraph (1), 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;
(D) support the development and commercial application of cost effective and affordable performance-based seismic engineering
by providing technical support for seismic
engineering practices and related building
code, standards, and practices development;
and
(E) 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 Interagency Coordinating Committee
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,

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.
(Pub. L. 95–124, § 5, Oct. 7, 1977, 91 Stat. 1099; Pub.
L. 96–472, title I, § 101, Oct. 19, 1980, 94 Stat. 2257;
Pub. L. 99–105, §§ 5, 6, Sept. 30, 1985, 99 Stat. 475;
Pub. L. 100–252, § 2, Feb. 29, 1988, 102 Stat. 18;
Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102
Stat. 1433; Pub. L. 100–707, title I, § 109(u), Nov.
23, 1988, 102 Stat. 4710; Pub. L. 101–614, § 5, Nov.
16, 1990, 104 Stat. 3232; Pub. L. 105–47, § 3, Oct. 1,
1997, 111 Stat. 1162; Pub. L. 106–503, title II, §§ 206,
208, Nov. 13, 2000, 114 Stat. 2307; Pub. L. 108–360,
title I, § 103, Oct. 25, 2004, 118 Stat. 1669; Pub. L.
109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat.
1410.)
REFERENCES IN TEXT
Sections 14 and 10(a)(2) of the Federal Advisory Committee Act, referred to in subsecs. (a)(5)(D) and
(b)(3)(D), are sections 14 and 10(a)(2) of Pub. L. 92–463,
which are set out in the Appendix to Title 5, Government Organization and Employees.
AMENDMENTS
2004—Subsec. (a). Pub. L. 108–360, § 103(1), amended
heading and text of subsec. (a) generally. Prior to
amendment, text read as follows: ‘‘There is established
a National Earthquake Hazards Reduction Program.’’
Subsec. (b)(1). Pub. L. 108–360, § 103(2)(A)(i), (iv), in introductory provisions, substituted ‘‘National Institute
of Standards and Technology shall have the primary responsibility for planning and coordinating the Program. In carrying out this paragraph, the Director of
the Institute’’ for ‘‘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’’ and
struck out concluding provisions which read as follows:
‘‘The principal official carrying out the responsibilities
described in this paragraph shall be at a level no lower
than that of Associate Director.’’
Subsec. (b)(1)(B). Pub. L. 108–360, § 103(2)(A)(ii), (iii),
added subpar. (B) and struck out former subpar. (B)
which read as follows: ‘‘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;’’.
Subsec. (b)(1)(C). Pub. L. 108–360, § 103(2)(A)(ii), redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: ‘‘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;’’.
Subsec. (b)(1)(D), (E). Pub. L. 108–360, § 103(2)(A)(ii),
(v), redesignated subpar. (E) as (D) and substituted
‘‘Federal Emergency Management Agency, the National Science Foundation’’ for ‘‘National Science

Page 6634

Foundation, the National Institute of Standards and
Technology’’. Former subpar. (D) redesignated (C).
Subsec. (b)(2). Pub. L. 108–360, § 103(2)(B), inserted
heading, struck out former heading ‘‘Federal Emergency Management Agency’’, added subpar. (A), and
struck out heading and text of former subpar. (A)
which related to earthquake program responsibilities
of the Director of the Federal Emergency Management
Agency.
Subsec. (b)(3). Pub. L. 108–360, § 103(2)(C)(i), inserted
‘‘and other activities’’ after ‘‘shall conduct research’’
in introductory provisions.
Subsec. (b)(3)(C). Pub. L. 108–360, § 103(2)(C)(ii), substituted ‘‘the Director of the Federal Emergency Management Agency and the Director of the National Institute of Standards and Technology’’ for ‘‘the Agency’’.
Subsec. (b)(3)(D). Pub. L. 108–360, § 103(2)(C)(iii), substituted ‘‘the Director of the Federal Emergency Management Agency and the Director of the National Institute of Standards and Technology’’ for ‘‘the Director of
the Agency’’.
Subsec. (b)(3)(E). Pub. L. 108–360, § 103(2)(C)(iv), substituted ‘‘operate, using the National Earthquake Information Center, a forum for the international exchange of earthquake information’’ for ‘‘establish,
using existing facilities, a Center for the International
Exchange of Earthquake Information’’ in introductory
provisions.
Subsec. (b)(3)(F). Pub. L. 108–360, § 103(2)(C)(v), substituted ‘‘System’’ for ‘‘Network’’.
Subsec. (b)(3)(I), (J). Pub. L. 108–360, § 103(2)(C)(vi),
added subpars. (I) and (J).
Subsec. (b)(4)(D) to (H). Pub. L. 108–360, § 103(2)(D),
added subpars. (D) and (G) and redesignated former subpars. (D), (E), and (F) as (E), (F), and (H), respectively.
Subsec. (b)(5). Pub. L. 108–360, § 103(2)(E), in introductory provisions, substituted ‘‘In addition to the lead
agency responsibilities described under paragraph (1),
the National’’ for ‘‘The National’’.
Subsec. (b)(5)(D), (E). Pub. L. 108–360, § 103(2)(F), added
subpar. (D) and redesignated former subpar. (D) as (E).
Subsec. (c)(1). Pub. L. 108–360, § 103(3), substituted
‘‘Interagency Coordinating Committee’’ for ‘‘Agency’’.
2000—Subsec. (b)(1). Pub. L. 106–503, § 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, § 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, § 206(2), added subsec. (c).
1997—Subsec. (b)(1)(F). Pub. L. 105–47, § 3(b), added
subpar. (F).
Subsec. (b)(3)(H). Pub. L. 105–47, § 3(c), added subpar.
(H).
Subsec. (b)(4)(F). Pub. L. 105–47, § 3(a), added subpar.
(F).
Subsec. (b)(5)(D). Pub. L. 105–47, § 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’’.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

Subsec. (j). Pub. L. 100–252 added subsec. (j).
1985—Subsec. (b)(2)(E). Pub. L. 99–105, § 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, § 6, added subpar.
(F) and redesignated former subpar. (F) as (G).
1980—Subsec. (a). Pub. L. 96–472, § 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, § 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, § 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, § 101(d), substituted ‘‘potential’’ for ‘‘political’’.
Subsec. (f). Pub. L. 96–472, § 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 30day 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, § 101(f), added subsec. (i).
CHANGE OF NAME
Committee on Science of House of Representatives
changed to Committee on Science and Technology of
House of Representatives by House Resolution No. 6,
One Hundred Tenth Congress, Jan. 5, 2007. Committee
on Science and Technology of House of Representatives
changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
‘‘Administrator of the Federal Emergency Management Agency’’ and ‘‘Administrator of the Agency’’ substituted for ‘‘Director of the Federal Emergency Management Agency’’ and ‘‘Director of the Agency’’, respectively, in subsec. (b)(2)(A), (B)(iii), (3)(C), (D) on authority of section 612(c) of Pub. L. 109–295, set out as a
note under section 313 of Title 6, Domestic Security.
Any reference to the Administrator of the Federal
Emergency Management Agency in title VI of Pub. L.
109–295 or an amendment by title VI to be considered to
refer and apply to the Director of the Federal Emer-

§ 7704

gency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of Title 6.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
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 former section 313(1) and
sections 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.
REAL-TIME PUBLIC AVAILABILITY OF RAW
SEISMOLOGICAL DATA
Pub. L. 107–228, div. B, title XVI, § 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, § 1000(a)(7) [div. B, title XI,
§ 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
Pub. L. 105–47, § 2, Oct. 1, 1997, 111 Stat. 1160, as
amended by Pub. L. 106–503, title II, § 202(c), Nov. 13,
2000, 114 Stat. 2305; Pub. L. 107–110, title X, § 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 highspeed 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.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(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 realtime 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

Page 6636

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 disasterresponse 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
Pub. L. 101–614, § 14, Nov. 16, 1990, 104 Stat. 3242, 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, § 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 engineer-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

ing 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, as amended
by Ex. Ord. No. 13286, § 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,

§ 7704

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 costeffective 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

§ 7704a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.

§ 7704a. Report on seismic safety property standards
(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 Administrator 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.
(Pub. L. 101–625, title IX, § 947, Nov. 28, 1990, 104
Stat. 4416; Pub. L. 109–295, title VI, § 612(c), Oct.
4, 2006, 120 Stat. 1410.)
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 (§ 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.
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.
CHANGE OF NAME
‘‘Administrator of the Federal Emergency Management Agency’’ substituted for ‘‘Director of the Federal

Page 6638

Emergency Management Agency’’ in subsec. (c) on authority of section 612(c) of Pub. L. 109–295, set out as a
note under section 313 of Title 6, Domestic Security.
Any reference to the Administrator of the Federal
Emergency Management Agency in title VI of Pub. L.
109–295 or an amendment by title VI to be considered to
refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of Title 6.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
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 former section 313(1) and
sections 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.

§§ 7705, 7705a. Repealed. Pub. L. 105–47, § 4, Oct.
1, 1997, 111 Stat. 1164
Section 7705, Pub. L. 95–124, § 6, Oct. 7, 1977, 91 Stat.
1102; Pub. L. 96–472, title I, § 102(a), Oct. 19, 1980, 94 Stat.
2259; Pub. L. 101–614, § 6, Nov. 16, 1990, 104 Stat. 3236, related to Office of Science and Technology Policy report.
Section 7705a, Pub. L. 95–124, § 7, as added Pub. L.
101–614, § 7(2), Nov. 16, 1990, 104 Stat. 3236, related to establishment of a National Earthquake Hazards Reduction Program Advisory Committee.

§ 7705b. Seismic standards
(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

Page 6639

TITLE 42—THE PUBLIC HEALTH AND WELFARE

of final regulations required by section 4(b) of
Executive Order numbered 12699, issued January 5, 1990.
(b) Lifelines
The Administrator 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.
(Pub. L. 95–124, § 8, as added Pub. L. 101–614,
§ 8(a), Nov. 16, 1990, 104 Stat. 3237; amended Pub.
L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat.
1410.)
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.
CHANGE OF NAME
‘‘Administrator of the Agency’’ substituted for ‘‘Director of the Agency’’ in subsec. (b) on authority of section 612(c) of Pub. L. 109–295, set out as a note under
section 313 of Title 6, Domestic Security. Any reference
to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an
amendment by title VI to be considered to refer and
apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2)
of Pub. L. 109–295, set out as a note under section 313 of
Title 6.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
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 former section 313(1) and
sections 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.
REPORT ON VULNERABILITY OF BUILDINGS OWNED AND
LEASED BY GOVERNMENT
Pub. L. 101–614, § 8(b), Nov. 16, 1990, 104 Stat. 3238, 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.

§ 7705b

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 [now Administrator] 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 responsibil-

§ 7705c

TITLE 42—THE PUBLIC HEALTH AND WELFARE

ity, 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.

§ 7705c. Acceptance of gifts
(a) Authority
In furtherance of the purposes of this chapter,
the Administrator 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 Administrator 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 Administrator’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.
(Pub. L. 95–124, § 9, as added Pub. L. 101–614, § 9,
Nov. 16, 1990, 104 Stat. 3238; amended Pub. L.
109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat.
1410.)
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, § 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
CHANGE OF NAME
‘‘Administrator of the Agency’’ and ‘‘Administrator’s’’ substituted for ‘‘Director of the Agency’’ and
‘‘Director’s’’, respectively, in subsecs. (a) and (b) on authority of section 612(c) of Pub. L. 109–295, set out as a
note under section 313 of Title 6, Domestic Security.
Any reference to the Administrator of the Federal
Emergency Management Agency in title VI of Pub. L.
109–295 or an amendment by title VI to be considered to
refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of Title 6.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
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 former section 313(1) and
sections 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.

§ 7705d. Repealed. Pub. L. 106–503, title II, § 203,
Nov. 13, 2000, 114 Stat. 2305
Section, Pub. L. 95–124, § 10, as added Pub. L. 101–614,
§ 10, Nov. 16, 1990, 104 Stat. 3238, related to non-Federal
cost sharing for supplemental funds.

Page 6640

§ 7705e. Post-earthquake investigations program
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.
(Pub. L. 95–124, § 11, as added Pub. L. 101–614,
§ 11(a), Nov. 16, 1990, 104 Stat. 3239.)
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
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 former section 313(1) and
sections 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.
REPORT ON FUNDING OF PROGRAM
Pub. L. 101–614, § 11(b), Nov. 16, 1990, 104 Stat. 3239, 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 postearthquake 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

Page 6641

TITLE 42—THE PUBLIC HEALTH AND WELFARE

would also include a recommendation on how the funding for such investigations would be allocated among
the other Program agencies.

§ 7706. Authorization of appropriations
(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 Administrator of the Agency, to carry out
this chapter, $5,778,000 for the fiscal year ending
1 See

References in Text note below.

§ 7706

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.
(8) There are authorized to be appropriated to
the Federal Emergency Management Agency for
carrying out this chapter—
(A) $21,000,000 for fiscal year 2005,
(B) $21,630,000 for fiscal year 2006,
(C) $22,280,000 for fiscal year 2007,
(D) $22,950,000 for fiscal year 2008, and
(E) $23,640,000 for fiscal year 2009,
of which not less than 10 percent of available
program funds actually appropriated shall be
made available each such fiscal year for supporting the development of performance-based, costeffective, and affordable design guidelines and
methodologies in codes for buildings, structures,
and lifelines.
(b) United States Geological Survey
(1) 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
2 So

in original. Probably should be followed by a semicolon.

§ 7706

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 paragraph, at least—
(A) $8,000,000 of the amount authorized to be
appropriated for the fiscal year ending September 30, 1998;
(B) $8,250,000 of the amount authorized for
the fiscal year ending September 30, 1999;
(C) $9,000,000 of the amount authorized to be
appropriated for fiscal year 2001;
(D) $9,250,000 of the amount authorized to be
appropriated for fiscal year 2002; and
(E) $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.
(2) There are authorized to be appropriated to
the United States Geological Survey for carrying out this chapter—
(A) $77,000,000 for fiscal year 2005, of which
not less than $30,000,000 shall be made available for completion of the Advanced National
Seismic Research and Monitoring System established under section 7707 of this title;
(B) $84,410,000 for fiscal year 2006, of which
not less than $36,000,000 shall be made available for completion of the Advanced National
Seismic Research and Monitoring System established under section 7707 of this title;
(C) $85,860,000 for fiscal year 2007, of which
not less than $36,000,000 shall be made available for completion of the Advanced National
Seismic Research and Monitoring System established under section 7707 of this title;
(D) $87,360,000 for fiscal year 2008, of which
not less than $36,000,000 shall be made available for completion of the Advanced National
Seismic Research and Monitoring System established under section 7707 of this title; and
(E) $88,900,000 for fiscal year 2009, of which
not less than $36,000,000 shall be made available for completion of the Advanced National
Seismic Research and Monitoring System established under section 7707 of this title.

Page 6642

(c) National Science Foundation
(1) 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.
3 So

in original. Probably should not be capitalized.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(2) There are authorized to be appropriated to
the National Science Foundation for carrying
out this chapter—
(A) $38,000,000 for fiscal year 2005;
(B) $39,140,000 for fiscal year 2006;
(C) $40,310,000 for fiscal year 2007;
(D) $41,520,000 for fiscal year 2008; and
(E) $42,770,000 for fiscal year 2009.
(d) National Institute of Standards and Technology
(1) 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.
(2) There are authorized to be appropriated to
the National Institute of Standards and Technology for carrying out this chapter—
(A) $10,000,000 for fiscal year 2005,
(B) $11,000,000 for fiscal year 2006,
(C) $12,100,000 for fiscal year 2007,
(D) $13,310,000 for fiscal year 2008, and
(E) $14,640,000 for fiscal year 2009,
of which $2,000,000 shall be made available each
such fiscal year for supporting the development
of performance-based, cost-effective, and affordable codes for buildings, structures, and lifelines.
(Pub. L. 95–124, § 12, formerly § 7, Oct. 7, 1977, 91
Stat. 1102; Pub. L. 96–472, title I, § 103, Oct. 19,
1980, 94 Stat. 2259; Pub. L. 97–80, title I, § 101,
Nov. 20, 1981, 95 Stat. 1081; Pub. L. 97–464, title I,
§ 101, Jan. 12, 1983, 96 Stat. 2533; Pub. L. 98–241,
title I, § 101, Mar. 22, 1984, 98 Stat. 95; Pub. L.
99–105, §§ 1–4, Sept. 30, 1985, 99 Stat. 475; Pub. L.
100–252, § 1, Feb. 29, 1988, 102 Stat. 18; Pub. L.
100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat.
1433; renumbered § 12 and amended Pub. L.
101–614, §§ 7(1), 12, Nov. 16, 1990, 104 Stat. 3236,
3240; Pub. L. 103–374, § 1, Oct. 19, 1994, 108 Stat.
3492; Pub. L. 105–47, § 1, Oct. 1, 1997, 111 Stat. 1159;
Pub. L. 106–503, title II, §§ 202(a), (b), (d), (e), 203,
Nov. 13, 2000, 114 Stat. 2304, 2305; Pub. L. 108–360,
title I, § 104(a), Oct. 25, 2004, 118 Stat. 1674; Pub.
L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat.
1410.)

§ 7706

REFERENCES IN TEXT
Section 7705 of this title, referred to in subsec. (a)(1)
to (6), was repealed by Pub. L. 105–47, § 4, Oct. 1, 1997, 111
Stat. 1164.
This chapter, referred to in subsecs. (a)(8), (b)(2),
(c)(2), and (d)(2), was in the original ‘‘this title’’, and
was translated as reading ‘‘this Act’’, meaning Pub. L.
95–124, known as the Earthquake Hazards Reduction
Act of 1977, to reflect the probable intent of Congress,
because Pub. L. 95–124, which enacted this chapter, does
not contain titles.
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)(1), 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.
AMENDMENTS
2004—Subsec. (a)(8). Pub. L. 108–360, § 104(a)(1), added
par. (8).
Subsec. (b). Pub. L. 108–360, § 104(a)(2)–(5), designated
existing provisions as par. (1) and substituted ‘‘paragraph’’ for ‘‘subsection’’ in last sentence, redesignated
former pars. (1) to (5) as subpars. (A) to (E), respectively, and added par. (2).
Subsec. (c). Pub. L. 108–360, § 104(a)(6), (7), designated
existing provisions as par. (1) and added par. (2).
Subsec. (d). Pub. L. 108–360, § 104(a)(8), (9), designated
existing provisions as par. (1) and added par. (2).
2000—Subsec. (a)(7). Pub. L. 106–503, § 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, § 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, § 202(b)(2)–(4),
added pars. (3) to (5).
Subsec. (c). Pub. L. 106–503, § 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, § 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, § 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, § 1(1), struck out
‘‘and’’ after ‘‘1995,’’ and inserted before period at end
‘‘, $20,900,000 for the fiscal year ending September 30,

§ 7706

TITLE 42—THE PUBLIC HEALTH AND WELFARE

1998, and $21,500,000 for the fiscal year ending September 30, 1999’’.
Subsec. (b). Pub. L. 105–47, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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’’.

Page 6644

Subsec. (c). Pub. L. 101–614, § 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, § 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, § 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, § 1(a), added par. (7).
Subsec. (b). Pub. L. 100–252, § 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, § 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, § 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, § 1, added par. (6).
Subsec. (b). Pub. L. 99–105, § 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, § 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, § 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, § 101(a), added par.
(5).
Subsec. (b). Pub. L. 98–241, § 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, § 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, § 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, § 101(e), substituted ‘‘1982,’’
for ‘‘1982 and’’ and inserted ‘‘September 30, 1984, and
September 30, 1985,’’.

Page 6645

TITLE 42—THE PUBLIC HEALTH AND WELFARE

1983—Subsec. (a)(4). Pub. L. 97–464, § 101(a), added par.
(4).
Subsecs. (b) to (d). Pub. L. 97–464, § 101(b)–(d), inserted
authorization for fiscal year ending Sept. 30, 1983.
Subsec. (e). Pub. L. 97–464, § 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, § 101(a), added par.
(3).
Subsecs. (b) to (d). Pub. L. 97–80, § 101(b)–(d), inserted
authorization for fiscal year ending Sept. 30, 1982.
Subsec. (e). Pub. L. 97–80, § 101(e), added subsec. (e).
1980—Subsec. (a). Pub. L. 96–472, § 103(a), designated
existing provisions as par. (1) and added par. (2).
Subsecs. (b), (c). Pub. L. 96–472, § 103(b), (c), inserted
authorization for fiscal year ending Sept. 30, 1981.
Subsec. (d). Pub. L. 96–472, § 103(d), added subsec. (d).
CHANGE OF NAME
‘‘Administrator of the Agency’’ substituted for ‘‘Director of the Agency’’ in subsec. (a)(7) on authority of
section 612(c) of Pub. L. 109–295, set out as a note under
section 313 of Title 6, Domestic Security. Any reference
to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an
amendment by title VI to be considered to refer and
apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2)
of Pub. L. 109–295, set out as a note under section 313 of
Title 6.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
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 former section 313(1) and
sections 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.

§ 7707. Advanced National Seismic Research and
Monitoring System
(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

§ 7708

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.
(Pub. L. 95–124, § 13, as added Pub. L. 106–503,
title II, § 204, Nov. 13, 2000, 114 Stat. 2305; amended Pub. L. 108–360, title I, § 104(b), Oct. 25, 2004,
118 Stat. 1675.)
AMENDMENTS
2004—Subsec. (c). Pub. L. 108–360 struck out subsec.
(c) which related to authorization of appropriations.

§ 7708. Network for Earthquake Engineering
Simulation
(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;
(4) $17,000,000 for fiscal year 2004;
(5) $20,000,000 for fiscal year 2005, all of which
shall be available for operations and maintenance;
(6) $20,400,000 for fiscal year 2006, all of which
shall be available for operations and maintenance;
(7) $20,870,000 for fiscal year 2007, all of which
shall be available for operations and maintenance;
(8) $21,390,000 for fiscal year 2008, all of which
shall be available for operations and maintenance; and
(9) $21,930,000 for fiscal year 2009, all of which
shall be available for operations and maintenance.
(Pub. L. 95–124, § 14, as added Pub. L. 106–503,
title II, § 205, Nov. 13, 2000, 114 Stat. 2306; amended Pub. L. 108–360, title I, § 104(c), Oct. 25, 2004,
118 Stat. 1675.)
AMENDMENTS
2004—Subsec. (b)(5) to (9). Pub. L. 108–360 added pars.
(5) to (9).

§ 7709

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 7709. Scientific Earthquake Studies Advisory
Committee
(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.
(Pub. L. 106–503, title II, § 210, Nov. 13, 2000, 114
Stat. 2308.)
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.
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.

Page 6646

CHAPTER 87—WATER RESEARCH AND
DEVELOPMENT
§§ 7801, 7802. Repealed. Pub. L. 98–242, title I,
§ 110(a), Mar. 22, 1984, 98 Stat. 101
Section 7801, Pub. L. 95–467, § 2, Oct. 17, 1978, 92 Stat.
1305, set out Congressional findings and declarations for
a water research and development program.
Section 7802, Pub. L. 95–467, § 3, Oct. 17, 1978, 92 Stat.
1305, set out Congressional statement of purpose.
For similar provisions, see section 10301 et seq. of this
title.
SAVINGS PROVISION
Pub. L. 98–242, title I, § 110(b), Mar. 22, 1984, 98 Stat.
101, provided that: ‘‘Rules and regulations issued prior
to the date of enactment of this Act [Mar. 22, 1984]
under the authority of Public Law 95–467 [this chapter]
shall remain in full force and effect under this Act [repealing this chapter and enacting chapter 109 (§ 10301 et
seq.) of this title] until superseded by new rules and
regulations promulgated under this Act.’’
SHORT TITLE
Pub. L. 95–467, § 1, Oct. 17, 1978, 92 Stat. 1305, which
provided that Pub. L. 95–467 was to be cited as the
‘‘Water Research and Development Act of 1978’’, was repealed by section 110(a) of Pub. L. 98–242.

SUBCHAPTER I—WATER RESOURCES
RESEARCH AND DEVELOPMENT
§§ 7811 to 7819. Repealed. Pub. L. 98–242, title I,
§ 110(a), Mar. 22, 1984, 98 Stat. 101
Section 7811, Pub. L. 95–467, title I, § 101, Oct. 17, 1978,
92 Stat. 1306, related to establishment of research and
technology institutes.
Section 7812, Pub. L. 95–467, title I, § 102, Oct. 17, 1978,
92 Stat. 1307, authorized use of appropriated funds for
printing and publishing of program results, and planning, coordinating, and conducting of cooperative research.
Section 7813, Pub. L. 95–467, title I, § 103, Oct. 17, 1978,
92 Stat. 1308, set out responsibilities of Secretary of the
Interior in prescribing procedures, rules, and regulations, and in developing a 5-year water resource research program.
Section 7814, Pub. L. 95–467, title I, § 104, Oct. 17, 1978,
92 Stat. 1308, related to non-impairment of legal relationship between State governments and educational
institutions involved in water research and to prohibition with regard to any Federal control of educational
institutions.
Section 7815, Pub. L. 95–467, title I, § 105, Oct. 17, 1978,
92 Stat. 1308, provided for making of grants and contracts.
Section 7816, Pub. L. 95–467, title I, § 106, Oct. 17, 1978,
92 Stat. 1309, set out range of program issues and provided for due consideration to be given to priority problems.
Section 7817, Pub. L. 95–467, title I, § 107, Oct. 17, 1978,
92 Stat. 1309, defined ‘‘State’’.
Section 7818, Pub. L. 95–467, title I, § 108, Oct. 17, 1978,
92 Stat. 1309, authorized advance payment of initial expenses.
Section 7819, Pub. L. 95–467, title I, § 109, Oct. 17, 1978,
92 Stat. 1309, provided for study and design of water resources programs and activities and for reports to Congress.
For similar provisions, see section 10301 et seq. of this
title.