Overview

Title

An Act To reauthorize the Earthquake Hazards Reduction Act of 1977, and for other purposes.

ELI5 AI

S. 3606 is a plan to make sure people are ready for big earth shakes, called earthquakes, by involving everyone, from big governments to tribal communities. It helps make buildings safer and gets more money to special helpers to watch out for these shakes over the next few years.

Summary AI

S. 3606 aims to reauthorize and update the Earthquake Hazards Reduction Act of 1977. The bill expands the involvement to include tribal governments alongside local and state governments in efforts to improve earthquake preparedness and response. It introduces comprehensive amendments to improve earthquake early warning systems, integrate secondary hazards like tsunamis, and ensure updated building codes to enhance safety and resilience against earthquakes. Additionally, it provides for increased funding over the next five years to various agencies for program execution and infrastructure improvements.

Published

2024-12-05
Congress: 118
Session: 2
Chamber: SENATE
Status: Engrossed in Senate
Date: 2024-12-05
Package ID: BILLS-118s3606es

Bill Statistics

Size

Sections:
9
Words:
4,354
Pages:
24
Sentences:
13

Language

Nouns: 1,051
Verbs: 325
Adjectives: 230
Adverbs: 25
Numbers: 205
Entities: 195

Complexity

Average Token Length:
3.97
Average Sentence Length:
334.92
Token Entropy:
4.94
Readability (ARI):
167.60

AnalysisAI

The bill, titled the "National Earthquake Hazards Reduction Program Reauthorization Act of 2024," aims to update and reauthorize the Earthquake Hazards Reduction Act of 1977. The legislation seeks to improve earthquake safety and resilience through enhanced coordination and updated guidelines. Below is a breakdown of the bill's contents, significant issues, and its potential impact on various stakeholders.

General Summary of the Bill

The bill seeks to amend the Earthquake Hazards Reduction Act of 1977 by expanding its scope and updating its language and provisions. Noteworthy changes include the incorporation of Tribal governments into earthquake safety and preparedness efforts, the enhancement of building and infrastructure standards, and the focus on improving earthquake warning systems. Additionally, the bill outlines appropriations for fiscal years 2024 to 2028, ensuring consistent funding across relevant federal agencies tasked with earthquake hazard mitigation.

Summary of Significant Issues

  1. Jurisdictional Ambiguity: By replacing "50 States, and the Commonwealth of Puerto Rico" with "States and Tribal jurisdictions," the bill creates potential uncertainty regarding the inclusion of all states and territories within its scope. This change could impact which areas receive guidance and funding.

  2. Financial Constraints: The bill maintains fixed appropriation amounts over several years without accounting for inflation or changing requirements. This approach could lead to financial constraints as costs rise over time.

  3. Tribal Government Roles: The bill introduces Tribal governments into the earthquake mitigation framework but lacks specific definitions, which could sow confusion over roles and responsibilities. This oversight may create challenges in effectively implementing the program across different governance structures.

  4. Allocation of Resources: The language "subject to the availability of funds" implies that not all activities may be fully funded, which could lead to incomplete initiatives and inconsistency in the program's execution.

  5. Performance vs. Safety Standards: The change in language from "safety" to "performance" concerning seismic standards could create ambiguity about the expectations and benchmarks for buildings and infrastructure, potentially leading to challenges in compliance and enforcement.

  6. Oversight Mechanisms: The absence of clear oversight or review processes might result in inefficient use of funds and failure to meet the program's objectives, raising financial and administrative concerns.

Impact on the Public

The changes included in this bill have the potential to significantly enhance community resilience against earthquakes by incorporating newer strategies and technologies. By acknowledging the role of Tribal governments, the bill aims to be more inclusive, promoting collaboration across various jurisdictions. Additionally, consistent funding promises to support long-term planning and infrastructure improvements.

Nonetheless, public concerns may arise due to the ambiguities in the bill, such as the lack of clarity in jurisdictional coverage or with the newfound emphasis on performance standards without clear guidelines. These ambiguities could potentially delay implementation or lead to unequal distribution of resources and attention, especially in more vulnerable communities or less defined jurisdictions.

Impact on Specific Stakeholders

  • Federal and Local Governments: Governments may face initial challenges in clarifying roles, especially concerning Tribal jurisdictions. This bill may necessitate additional resources and coordination to bridge any gaps.

  • Communities in Seismically Active Areas: Residents in areas prone to earthquakes could benefit from improved infrastructure resilience and enhanced earthquake warning systems. However, if appropriations do not account for inflation, the ability to deliver on these promises effectively may be compromised over time.

  • Builders and Developers: The shift from safety to performance standards could pose new compliance challenges for these stakeholders, requiring them to adapt to potentially stricter building codes and standards.

  • Tribal Governments: Integration into the National Earthquake Hazards Reduction Program offers Tribal governments increased involvement and responsibility. However, without clear definitions and support mechanisms, these governments might face barriers in effectively executing these new roles.

In conclusion, while the National Earthquake Hazards Reduction Program Reauthorization Act of 2024 aims to modernize earthquake preparedness efforts, it also raises several questions and potential challenges. Successful implementation will require proactive efforts to clarify ambiguities, ensure adequate funding, and foster seamless interagency and jurisdictional cooperation.

Financial Assessment

In analyzing the financial components of the bill S. 3606, which seeks to update the Earthquake Hazards Reduction Act of 1977, several key aspects of spending and appropriations are noteworthy.

Summary of Financial Allocations

The bill outlines specific appropriations for the next five fiscal years, specifying funds for various agencies involved in earthquake hazards reduction:

  • General Program Authorization: The bill authorizes $10,590,000 annually for fiscal years 2024 through 2028. This allocation is intended to support the reauthorization of the National Earthquake Hazards Reduction Program.

  • United States Geological Survey: The legislation allocates $100,900,000 per year from 2024 to 2028. Notably, each year's appropriation mandates that at least $36,000,000 of this sum be used for the completion of the Advanced National Seismic System.

  • National Science Foundation: The bill provides $58,000,000 annually over the same period to further research and initiatives related to earthquake hazards.

  • National Institute of Standards and Technology: There is also a provision of $5,900,000 each year through 2028 for this institute's involvement in the program.

Issues Related to Financial Allocations

Several issues arise from these financial arrangements:

  1. Constancy of Authorization Amounts:

    • The appropriations remain constant across the five fiscal years. This static allocation does not account for potential inflation or evolving needs that may arise over time, potentially leading to underfunding of key initiatives.
  2. Subject to Availability of Funds:

    • Throughout sections such as Section 5, the phrase "subject to the availability of funds" suggests that some initiatives may not receive the necessary funding. This can create inconsistencies or leave important programs underfunded, ultimately hindering the Program's effectiveness.
  3. Lack of Oversight Mechanisms:

    • Section 9 lacks explicit oversight or review mechanisms for the use of these funds, raising concerns about the efficient utilization of resources. Without such mechanisms, there is a risk that funds may not achieve intended outcomes, which emphasizes the importance of oversight to ensure accountability.

Additional Considerations

The bill extends the applicability of increased funding to include collaboration with Tribal governments alongside state and local entities. However, it introduces "Tribal government" without a detailed explanation of roles and responsibilities, which could lead to ambiguity and jurisdictional conflicts. The financial implications of this inclusion are not clearly defined, potentially leading to challenges in equitable distribution and effective use of resources.

In summary, while S. 3606 provides for substantial financial investment in earthquake preparedness and response, the static nature of funding, conditional fund availability, and lack of oversight may impact the execution and success of its objectives. Careful consideration of these issues could enhance the Program's responsiveness to seismic risks across the United States.

Issues

  • The change in language from '50 States, and the Commonwealth of Puerto Rico,' to 'States and Tribal jurisdictions' in Section 2 might create ambiguity, as it's unclear if all states and territories are still included. This is a significant legal issue as it impacts jurisdictional coverage.

  • The authorization amounts remaining constant for all fiscal years from 2024 to 2028 in Section 9 do not account for inflation or changing needs, which could lead to financial constraints.

  • Introducing 'Tribal government' without definitions in Section 3 may lead to confusion about roles and obligations, which is a legal and administrative concern.

  • The use of 'subject to the availability of funds' across multiple sections, especially in Sections 5 and 6, could lead to financial issues such as inconsistencies or initiatives being underfunded, impacting the effectiveness of the Program.

  • The frequent inclusion of 'Tribal' alongside 'State and local' governments in Sections 5 and 4 requires clarification on the responsibilities and roles within Tribal governments to avoid legal ambiguity and potential jurisdictional conflicts.

  • Section 6's change from 'safety' to 'performance' may lead to ambiguity regarding standards, creating potential legal and compliance challenges in interpreting what 'performance' entails.

  • Lack of oversight or review mechanisms in Section 9 could lead to inefficient use of funds and failure to achieve desired objectives, raising financial and administrative concerns.

  • The amendments in Section 8 regarding 'domestic and international' investigations do not clarify the scope or criteria for selecting international investigations, which could lead to undefined spending areas.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of this act states its official name: the "National Earthquake Hazards Reduction Program Reauthorization Act of 2024".

2. Modification of findings Read Opens in new tab

Summary AI

The Earthquake Hazards Reduction Act of 1977 is being updated to reflect changes in areas affected by earthquakes and to incorporate new estimates of earthquake-related financial losses and risks. The amendments also emphasize evaluating and retrofitting high-risk structures, improving earthquake warning systems, and addressing older buildings that may fail during earthquakes, with recommendations for enhancing recovery efforts to support community resilience.

Money References

  • Section 2 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701) is amended— (1) in paragraph (1)— (A) by striking “50 States, and the Commonwealth of Puerto Rico,” and inserting “States and Tribal jurisdictions”; (B) by striking “of them” and inserting “States”; and (C) by adding at the end the following: “Almost half of the United States population resides in areas that are at risk or experiencing a damaging earthquake during the 50-year period beginning on the date of the enactment of the National Earthquake Hazards Reduction Program Reauthorization Act of 2024”; (2) in paragraph (2)— (A) by inserting after the first sentence the following: “A 2023 report by the Federal Emergency Management Agency and the United States Geological Survey (FEMA P–366) estimates the annualized earthquake losses to the national building stock is $14,700,000,000 per year and the total economic exposure to earthquake losses (buildings and contents) across the nation is $107,800,000,000,000.”; and (B) in the third sentence— (i) by striking “and construction” and inserting “, construction, evaluation, and retrofitting”; (ii) by striking “and (E)” and inserting the following: “(E) inventories of buildings and infrastructure with high seismic risk, especially those that are critical to community resilience, (F) programs that require or incentivize replacement or retrofit of existing buildings and infrastructure with high seismic risk, especially those that are critical to community resilience, and (G)”; (3) in paragraph (3), by inserting “Tribal,” after “local,”; (4) in paragraph (4), by striking “could provide” and all that follows through the period at the end and inserting “is necessary to provide the scientific understanding needed to improve and expand the earthquake early warning system.”; (5) in paragraph (8), by striking “cave-ins” and inserting “collapse”; (6) in paragraph (9)— (A) in the first sentence, by striking “and local” and inserting “local, and Tribal government”; and (B) in the second sentence, by striking “transfer knowledge and information to” and inserting “exchange knowledge and information between”; and (C) in the third sentence, by striking “specifications, criteria” and inserting “guidelines, codes, standards”; (7) in paragraph (12)— (A) in the second sentence— (i) by striking “When earthquakes occur, the built environment is generally” and inserting “Relatively newer buildings and infrastructure have generally been”; (ii) by striking “and is” and inserting “when earthquakes occur, but most are”; and (B) by adding at the end the following: “In addition, buildings and infrastructure built to older codes and standards may pose significant risk of injury, loss of life, or irreparable damage.
  • A 2021 report submitted to Congress pursuant to section 8(b), as amended by section 5 of the National Earthquake Hazards Reduction Program Reauthorization Act of 2018 (Public Law 115–307), by the Federal Emergency Management Agency and the National Institute of Standards and Technology (FEMA P2090/NST SP–1254) provides recommendations for improving post-earthquake functional recovery time of the built environment to support community resilience goals and many of these recommendations still need to be implemented.”; and (8) in paragraph (13)— (A) in the first sentence, by inserting “in 2011” after “a study”; (B) in the second sentence, by inserting “(in 2011 dollars)” after “$300,000,000”; and (C) by adding at the end the following: “The cost of actual seismic retrofits to reduce known risks is not included in such valuation.”. ---

3. Modification of purpose Read Opens in new tab

Summary AI

The section modifies the Earthquake Hazards Reduction Act of 1977 by updating language to include Tribal governments, emphasizing improvements in building and infrastructure safety, expanding focus to include housing and care facilities for vulnerable populations, and mandating incorporation of certain considerations.

4. Modification of definitions Read Opens in new tab

Summary AI

The proposed modifications to the Earthquake Hazards Reduction Act of 1977 include adding new definitions to clarify what is meant by "Tribal government," "functional recovery," and "earthquake forecast." These changes specify roles of tribal governance and provide detailed descriptions of how buildings and infrastructure should function after an earthquake, as well as how the likelihood of future earthquakes is predicted.

5. Improvements to National Earthquake Hazards Reduction Program Read Opens in new tab

Summary AI

The amendments to the Earthquake Hazards Reduction Act of 1977 aim to improve earthquake safety by including Tribal governments in planning, enhancing standards for building resiliency, and expanding earthquake warning systems. It also focuses on better understanding and mitigating earthquake-related hazards like tsunamis and fires, and improving coordination between federal agencies for timely response and public safety information.

6. Seismic performance property standards Read Opens in new tab

Summary AI

The section amends a part of the Cranston-Gonzales National Affordable Housing Act by changing the term "safety" to "performance" in one part and clarifying that property damage descriptions now include "seismic-related property damage" to emphasize improving recovery time after earthquakes.

7. Seismic standards Read Opens in new tab

Summary AI

The amendments to the Earthquake Hazards Reduction Act require agencies to carry out activities that support earthquake safety improvements and submit progress reports every two years on these efforts. The Interagency Coordinating Committee will compile these reports to help prioritize work and budget for implementing safety recommendations.

8. Improvements to post-earthquake investigations program Read Opens in new tab

Summary AI

The section amends the Earthquake Hazards Reduction Act of 1977 by specifying that major earthquake investigations should include both domestic and international events, and by clarifying that the Federal Emergency Management Agency has a role mentioned in the program.

9. Authorization of appropriations Read Opens in new tab

Summary AI

The section outlines the authorized funding amounts for various agencies under the Earthquake Hazards Reduction Act for fiscal years 2024 to 2028. It specifies funding levels for the main program, the United States Geological Survey, the National Science Foundation, and the National Institute of Standards and Technology.

Money References

  • (a) General authorization for program.—Subsection (a)(8) of section 12 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706) is amended— (1) in subparagraph (I), by striking “, and” and inserting a comma; and (2) by inserting after subparagraph (J) the following: “(K) $10,590,000 for fiscal year 2024, “(L) $10,590,000 for fiscal year 2025, “(M) $10,590,000 for fiscal year 2026, “(N) $10,590,000 for fiscal year 2027, and “(O) $10,590,000 for fiscal year 2028,”.
  • (b) United States Geological Survey.—Subsection (b)(2) of such section is amended— (1) in subparagraph (I), by striking “; and” and inserting a semicolon; (2) in subparagraph (J), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: “(K) $100,900,000 for fiscal year 2024, of which not less than $36,000,000 shall be made available for completion of the Advanced National Seismic System established under section 13; “(L) $100,900,000 for fiscal year 2025, of which not less than $36,000,000 shall be made available for completion of the Advanced National Seismic System established under section 13; “(M) $100,900,000 for fiscal year 2026, of which not less than $36,000,000 shall be made available for completion of the Advanced National Seismic System established under section 13; “(N) $100,900,000 for fiscal year 2027, of which not less than $36,000,000 shall be made available for completion of the Advanced National Seismic System established under section 13; and “(O) $100,900,000 for fiscal year 2028, of which not less than $36,000,000 shall be made available for completion of the Advanced National Seismic System established under section 13.”. (c) National Science Foundation.—Subsection (c)(2) of such section is amended— (1) in subparagraph (I), by striking “, and” and inserting a comma; (2) in subparagraph (J), by striking the period at the end and inserting a comma; and (3) by adding at the end the following: “(K) $58,000,000 for fiscal year 2024, “(L) $58,000,000 for fiscal year 2025, “(M) $58,000,000 for fiscal year 2026, “(N) $58,000,000 for fiscal year 2027, and “(O) $58,000,000 for fiscal year 2028.”. (d) National Institute of Standards and Technology.—Subsection (d)(2) of such section is amended— (1) in subparagraph (I), by striking “, and” and inserting a comma; (2) in subparagraph (J), by striking the period at the end and inserting a comma; and (3) by inserting after subparagraph (J) the following: “(K) $5,900,000 for fiscal year 2024, “(L) $5,900,000 for fiscal year 2025, “(M) $5,900,000 for fiscal year 2026, “(N) $5,900,000 for fiscal year 2027, and “(O) $5,900,000 for fiscal year 2028,”. ---