National Earthquake Preparedness, Response, and Recovery Act - Amends the Homeland Security Act of 2002 to require the Under Secretary for Emergency Preparedness and Response and the Director of the Federal Emergency Management Agency (FEMA) to meet the qualification requirements for their position by virtue of their emergency management experience, educational background, training, and professional contributions.
Amends the Internal Revenue Code to allow a nonrefundable personal credit of 50% of up to $6,000 of qualified seismic retrofit expenses (principal residence earthquake retrofit expenses). Authorizes the issuance of qualified seismic retrofitting bonds. Provides an exemption from passive activity loss restrictions for seismic retrofitting activity.
Amends the Earthquake Hazards Reduction Act of 1977 to authorize the FEMA Director to establish a grant program to provide financial assistance to certain local governments, public or nonprofit private hospitals, or public institutions of higher education for earthquake disaster mitigation and recovery planning measures (including retrofitting and disaster recovery plans) with respect to critical facilities and public infrastructures. Establishes the Loss Reduction Trust Fund for grant payments.
Expresses the sense of Congress that the Advanced National Seismic System should be funded at its authorization level in order to achieve the goal of deploying a nationwide network of over 7,000 earthquake sensor systems serving the entire United States and providing dense coverage in 26 at-risk urban areas.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4205 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4205
To provide incentives to encourage private sector efforts to reduce
earthquake losses, to establish a national disaster mitigation program,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 2, 2005
Mr. Ford introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committees on
Transportation and Infrastructure, Science, and Financial Services, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide incentives to encourage private sector efforts to reduce
earthquake losses, to establish a national disaster mitigation program,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Earthquake Preparedness,
Response, and Recovery Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) As a result of research funded by the National
Earthquake Hazards Reduction Program, a substantial body of
knowledge exists about earth sciences, geotechnical and
structural engineering, and human behavior relating
earthquakes.
(2) The foremost challenge as we enter the 21st century is
putting this knowledge to work by reducing future losses to
improve the safety of Americans and the performance of State
and local government facilities and private buildings and
facilities.
(3) Earthquakes and tsunamis cause great danger to human
life and property throughout the United States and continue to
threaten Americans significantly in over 40 States and
territories. In 1811 and 1812, the continental United States
experienced one of the largest earthquakes in its history in
the New Madrid seismic zone, which stretches from southern
Illinois to northeastern Arkansas. The magnitude of those
earthquakes resulted in large areas of land sinking into the
earth, the formation of Reelfoot Lake in northwestern Tennessee
and the Mississippi River changing its course. According to the
United States Geological Survey, the probability of a repeat of
the 1811-1812 earthquakes (magnitude 7.5 to 8.00) in a 50 year
period is 10 percent. The probability of a magnitude 6.0 or
larger is 25 percent to 40 percent.
(4) Too few States and local communities have sufficiently
identified and assessed their risk and implemented adequate
measures to reduce losses from such disasters and to ensure
that their critical public infrastructure and facilities will
continue to function after a disaster.
(5) Too much of the Nation's stocks of housing and
commercial buildings remain inherently vulnerable to earthquake
shaking. Future losses in these facilities can be lessened
using currently feasible technology.
(6) Too much of local government infrastructure remain at
risk and are likely to be non-functional in the aftermath of
foreseeable earthquake events at the time when the services
that local governments provide are critically necessary.
(7) Federal, State, and local government expenditures for
disaster assistance and recovery have increased without
commensurate reduction in the likelihood of future losses from
such earthquakes.
(8) Feasible techniques for reducing future earthquake
losses are readily available.
(9) Economic incentives are needed to assist States and
local communities and the public in implementing available
measures to reduce losses and ensure continued functionality of
their infrastructure.
(b) Purpose.--It is the purpose of this Act to establish a national
disaster mitigation program that--
(1) reduces the loss of life and property, human suffering,
economic disruption, and disaster assistance costs resulting
from earthquakes;
(2) offers financial incentives to encourage private sector
efforts to reduce earthquake losses;
(3) provides matching finds to encourage and assist States
and local governments and the private sector in their efforts
to implement measures designed to ensure the continued
functionality of public infrastructure, commerce, and
habitation after earthquakes;
(4) creates Federal, State, and local government
partnerships to reduce the vulnerability of public
infrastructure, commercial enterprises, and residential
buildings to earthquakes; and
(5) ensures that the Director of the Federal Emergency
Management Agency meets or surpasses the highest professional
requirements.
SEC. 3. QUALIFICATIONS OF UNDER SECRETARY FOR EMERGENCY PREPAREDNESS
AND RESPONSE AND DIRECTOR OF THE FEDERAL EMERGENCY
MANAGEMENT AGENCY.
(a) Qualifications of Under Secretary for Emergency Preparedness
and Response.--Section 501 of the Homeland Security Act of 2002 (6
U.S.C. 311) is amended--
(1) by inserting ``(a) In General.--'' before ``There'';
and
(2) by adding at the end the following:
``(b) Qualifications.--
``(1) In general.--The Under Secretary shall be appointed
by the President in accordance with section 103 from among
individuals who are uniquely qualified to carry out the duties
and powers of the office by virtue of their emergency
management experience, educational background, training, and
professional contributions.
``(2) Considerations.--
``(A) Emergency management experience.--In
assessing an individual's emergency management
experience under paragraph (1), the President shall
determine whether the individual has a minimum of 4
years of comprehensive experience in emergency
management, mitigation, and response, including
participation in full scale exercises and actual
disasters.
``(B) Educational background.--In assessing an
individual's educational background under paragraph
(1), the President shall determine whether the
individual has a 4-year baccalaureate degree, an
advanced degree, and a certification as an emergency
manager.
``(C) Training.--In assessing an individual's
training under paragraph (1), the President shall
determine whether the individual has a minimum of 100
hours of emergency management training and a minimum of
100 hours of general management training.
``(D) Professional contributions.--In assessing an
individual's professional contributions under paragraph
(1), the President shall determine whether the
individual has made significant contributions to the
emergency management profession in the areas of
professional membership, speaking, publication of
articles, service on professional boards, and other
areas beyond the scope of the emergency management job
requirements.''.
(b) Appointment and Qualifications of Director of Federal Emergency
Management Agency.--Section 507 of the Homeland Security Act of 2002 (6
U.S.C. 317) is amended--
(1) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively; and
(2) by inserting before subsection (b), as so redesignated,
the following:
``(a) Appointment and Qualifications of Director.--The Federal
Emergency Management Agency shall be headed by a Director, who shall be
appointed by the President, by and with the advice and consent of the
Senate. The Director shall be appointed from among individuals who meet
the same qualification requirements as apply to the Under Secretary for
Emergency Preparedness and Response under section 501(b).''.
SEC. 4. NONREFUNDABLE CREDIT FOR EXPENSES RELATED TO SEISMIC RETROFIT
OF PRINCIPAL RESIDENCE.
(a) General Rule.--Subpart A of part IV of subchapter A of chapter
1 of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following:
``SEC. 25E. EXPENSES RELATED TO SEISMIC RETROFIT OF PRINCIPAL
RESIDENCE.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to 50 percent of so much of the qualified
seismic retrofit expenses of the taxpayer for the taxable year as do
not exceed $6,000.
``(b) Qualified Seismic Retrofit Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified seismic retrofit
expenses' means amounts paid or incurred by the taxpayer during
the taxable year in relation to any seismic retrofit
construction of the principal residence of the taxpayer.
``(2) Seismic retrofit construction.--The term `seismic
retrofit construction' means any addition or improvement--
``(A) which is certified by the State disaster
agency or other applicable agency--
``(i) as resulting in the mitigation of the
risk of damage to existing property from an
earthquake, and
``(ii) as being in addition to any addition
or improvement required by any State or local
law with respect to such property, and
``(B) which is placed in service at least 5 years
after the date the building is first placed in service.
Such term does not include the cost of acquiring such property
(or any interest therein).
``(3) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121.
``(c) Denial of Double Benefit.--No deduction shall be allowed
under any other provision of this chapter with respect to any amount of
qualified seismic retrofit expenses taken into account under subsection
(a).
``(d) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to any residence, the basis
of such residence shall be reduced by the amount of the credit so
allowed.''.
(b) Conforming Amendments.--
(1) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 25D
the following new item:
``Sec. 25E. Expenses related to seismic retrofit of principal
residence.''.
(2) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (36), by striking
the period at the end of paragraph (37) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(38) in the case of a residence with respect to which a
credit was allowed under section 25E, to the extent provided in
section 25E(d).''.
(c) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred in taxable years beginning after
December 31, 2005.
SEC. 5. RECOVERY PERIOD FOR DEPRECIATION OF CERTAIN SEISMIC RETROFIT
EXPENSES.
(a) Treatment as 5-Year Property.--Section 168(e)(3)(B) of the
Internal Revenue Code of 1986 (relating to 5-year property) is amended
by striking ``and'' at the end of clause (v), by striking the period
and inserting ``, and'' at the end of clause (vi), and by inserting
after clause (vi) the following new clause:
``(vii) any qualified seismic retrofit
property.''.
(b) Definition of Qualified Seismic Retrofit Property.--Section
168(i) of the Internal Revenue Code of 1986 (relating to definitions
and special rules) is amended by adding at the end the following new
paragraph:
``(18) Qualified seismic retrofit property.--
``(A) In general.--The term `qualified seismic
retrofit property' means any addition or improvement to
real property for which depreciation is allowable under
this section--
``(i) for which the expenditure is properly
chargeable to the capital account, and
``(ii) which is a seismic retrofit.
``(B) Seismic retrofit.--For purposes of
subparagraph (A)(i), the term `seismic retrofit' means
any addition or improvement--
``(i) which is certified by the State
disaster agency or other applicable agency--
``(I) as resulting in the
mitigation of the risk of damage to
existing property from an earthquake,
and
``(II) as being in addition to any
addition or improvement required by any
State or local law with respect to such
property, and
``(ii) which is placed in service at least
5 years after the date the building is first
placed in service.
Such term does not include the cost of acquiring such
property (or any interest therein).''.
(c) Effective Date.--The amendments made by this section shall
apply to qualified seismic retrofit property placed in service after
December 31, 2005.
SEC. 6. QUALIFIED SEISMIC RETROFITTING BONDS.
(a) In General.--Section 144 of the Internal Revenue Code of 1986
(relating to qualified small issue bond; qualified student loan bond;
qualified redevelopment bond) is amended by adding at the end the
following new subsection:
``(d) Qualified Seismic Retrofitting Bond.--For purposes of this
part--
``(1) In general.--The term `qualified seismic retrofitting
bond' means any bond issued as part of an issue 95 percent or
more of the net proceeds of which are to be used--
``(A) for seismic retrofitting expenditures, and
``(B) in a manner which meets the requirements of
paragraph (3).
``(2) Seismic retrofitting expenditure.--For purposes of
paragraph (1), the term `seismic retrofitting expenditure'
means any amount properly chargeable to capital account--
``(A) which is certified by the State disaster
agency or other applicable agency--
``(i) as resulting in the mitigation of the
risk of damage to existing property from an
earthquake, and
``(ii) as being in addition to any addition
or improvement required by any State or local
law with respect to such property, and
``(B) which is placed in service at least 5 years
after the date the building is first placed in service.
Such term does not include the cost of acquiring such property
(or any interest therein).
``(3) Use of proceeds requirements.--The use of the
proceeds of an issue meets the requirements of this paragraph
if within the 26-month period beginning with the date of
issue--
``(A) at least 95 percent of the net proceeds of
such issue are used for seismic retrofitting
expenditures or are used to finance 1 or more loans to
ultimate borrowers for such expenditures, or
``(B) to the extent not so used under subparagraph
(A), such proceeds in excess of $10,000 are used to
redeem bonds which are part of such issue.''.
(b) Bonds Treated as Qualified Bonds.--Paragraph (1) of section
141(e) of the Internal Revenue Code of 1986 (defining qualified bond)
is amended by striking ``or'' at the end of subparagraph (F), by
redesignating subparagraph (G) as subparagraph (H), and by inserting
after subparagraph (F) the following new subparagraph:
``(G) a qualified seismic retrofitting bond, or''.
(c) Bonds Included for Purposes of Small Issuer Exemption Status.--
Subclause (I) of section 265(b)(3)(C)(ii) of the Internal Revenue Code
of 1986 (relating to obligations not taken into account in determining
status as qualified small issuer) is amended by inserting ``, or a
qualified seismic retrofitting bond, as defined in section 144(d)(1)''
after ``section 145''.
(d) Exception From Volume Cap.--Section 146(g) of the Internal
Revenue Code of 1986 (relating to exception for certain bonds) is
amended by striking ``and'' at the end of paragraph (3), by striking
the period at the end of paragraph (4) and inserting a comma, and by
adding after paragraph (4) the following new paragraphs:
``(5) any qualified mortgage bond if 95 percent or more of
the net proceeds of the bond are to be used to provide home
improvement loans in connection with seismic retrofitting
expenditures (as defined in section 144(d)(2) without regard to
the capital account requirement), and
``(6) any qualified seismic retrofitting bond.''.
(e) Proceeds of Mortgage Revenue Bonds Used in Connection With
Seismic Retrofitting.--
(1) In general.--Paragraph (4) of section 143(k) of the
Internal Revenue Code of 1986 (relating to other definitions
and special rules for qualified mortgage bonds) is amended to
read as follows:
``(4) Qualified home improvement loan.--The term `qualified
home improvement loan' means--
``(A) the financing (in an amount which does not
exceed $15,000)--
``(i) of alterations, repairs, and
improvements on or in connection with an
existing residence by the owner thereof, but
``(ii) only for such items as substantially
protect or improve the basic livability or
energy efficiency of the property, and
``(B) the financing (in an amount which does not
exceed $20,000) of seismic retrofitting expenditures
(as defined in section 144(d)(2) without regard to the
capital account requirement) in connection with an
existing residence by the owner thereof.''.
(2) Exception from income requirements.--Section 143(f) of
such Code (relating to income requirements) is amended by
adding at the end the following new paragraph:
``(7) Exception for certain qualified home improvement
loans.--Paragraph (1) shall not apply with respect to any
qualified home improvement loan (as defined in subsection
(k)(4)(B).''.
(f) Clerical Amendments.--
(1) The heading of section 144 of the Internal Revenue Code
of 1986 is amended by striking ``bond.'' and inserting ``bond;
qualified seismic retrofitting bond.''.
(2) The item relating to section 144 in the table of
sections for subpart A of part IV of subchapter B of chapter 1
of such Code is amended by striking ``bond.'' and inserting
``bond; qualified seismic retrofitting bond.''
(g) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act.
SEC. 7. TREATMENT OF PASSIVE LOSSES OF CERTAIN PARTNERSHIPS ENGAGED IN
SEISMIC RETROFITTING.
(a) In General.--Section 469 of the Internal Revenue Code of 1986
(relating to passive activity losses and credits limited) is amended by
adding at the end the following new subsection:
``(n) Exemption for Seismic Retrofitting Trade or Business.--
``(1) In general.--In the case of any natural person,
subsection (a) shall not apply to that portion of the passive
activity loss or the deduction equivalent (within the meaning
of subsection (j)(5)) of the passive activity credit for any
taxable year which is attributable to any seismic retrofitting
activity which such person engages in during the taxable year,
whether or not the taxpayer materially participates in such
activity.
``(2) Seismic retrofitting activity.--For purposes of this
subsection, the term `seismic retrofitting activity' means any
activity which involves the trade or business of seismic
retrofit construction (as defined in section 25E(b)(2)) for
residential property.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2005.
SEC. 8. MORTGAGE INSURANCE INCENTIVE.
Section 203(b)(2) of the National Housing Act (12 U.S.C.
1709(b)(2)), is amended, in the first undesignated paragraph (relating
to increase of amounts insured for costs due to installation of solar
energy systems) that follows subparagraph (A), by inserting ``or due to
seismic retrofitting of the residence (within the meaning of the term
`seismic retrofit construction' under section 25E(b)(2) of the Internal
Revenue Code of 1986)'' before the period at the end.
SEC. 9. EARTHQUAKE DISASTER MITIGATION AND RECOVERY PLANNING GRANT
PROGRAM.
(a) Definitions.--Section 4 of the Earthquake Hazards Reduction Act
of 1977 (42 U.S.C. 7703) is amended by adding at the end the following:
``(10) Agency.--The term `Agency' means the Federal
Emergency Management Agency.
``(11) Critical facility.--The term `critical facility'
means--
``(A) a public structure (including a police
station, fire station, city or town hall, school, or
other public building) or a public or nonprofit private
hospital that is--
``(i) owned by an entity; and
``(ii) critical to the continuity of the
entity or to the conduct of the disaster
response activities of the entity; or
``(B) a facility that--
``(i) provides medical services to a
specific occupational or industry segment of
the general public; and
``(ii) is operated by an organization
described in subsection (c) or (d) of section
501 of the Internal Revenue Code of 1986 and
exempt from taxation under subsection (a) of
such section.
``(12) Critical public infrastructure.--The term `critical
public infrastructure' means a utility or transportation system
(including a bridge, energy system, water or sewer system, or
communication system) that is--
``(A) owned by an entity; and
``(B) critical to the conduct of the disaster
response activities of the entity.
``(13) Earthquake disaster.--
``(A) In general.--The term `earthquake disaster'
means a disaster that results from a movement of the
earth.
``(B) Inclusions.--The term `earthquake disaster'
includes a disaster that results from a tsunami or an
earthquake-caused landslide or liquefaction (as
determined by the Director of the Agency).
``(14) Grant program.--The term `grant program' means the
earthquake disaster mitigation and recovery planning grant
program established under section 6.
``(15) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(16) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(17) Local government.--The term `local government'
means--
``(A) a city, town, township, county, parish,
village, or other general-purpose political subdivision
of a State;
``(B) an Indian tribe; and
``(C) a geologic hazard abatement or similar
special purpose district formed to carry out or fund
projects to reduce the vulnerability of infrastructure
and buildings to earthquake disasters.
``(18) Loss reduction trust fund.--The term `Loss Reduction
Trust Fund' means the Loss Reduction Trust Fund established by
section 7.''.
(b) Grant Program.--The Earthquake Hazards Reduction Act of 1977 is
amended by inserting after section 5 (42 U.S.C. 7704) the following:
``SEC. 6. EARTHQUAKE DISASTER MITIGATION AND RECOVERY PLANNING GRANT
PROGRAM.
``(a) Establishment.--The Director of the Agency may establish a
grant program to provide financial assistance to eligible recipients
described in subsection (b) to pay the Federal share of the cost of
carrying out earthquake disaster mitigation and recovery planning
measures with respect to the critical facilities and critical public
infrastructure under the jurisdiction of the recipients.
``(b) Eligible Recipients.--
``(1) In general.--To be eligible for a grant under the
grant program, an entity shall be a local government, public or
nonprofit private hospital, or public institution of higher
education that--
``(A) has jurisdiction over, or is located in, an
area that is subject to earthquake disasters;
``(B) submits to the Director of the Agency for
approval an application for the grant in such form as
the Director shall require;
``(C) has completed an earthquake disaster risk
analysis;
``(D) has adopted a long-term strategic earthquake
disaster loss reduction plan that identifies high
priority earthquake disaster loss reduction projects;
and
``(E) meets criteria established by the Director
under paragraph (2).
``(2) Criteria.--
``(A) Establishment.--The Director of the Agency
shall establish, by regulation, criteria that local
governments, public and nonprofit private hospitals,
and public institutions of higher education shall meet
to qualify for grants under the grant program.
``(B) Requirement applicable to local
governments.--The criteria under subparagraph (A)
applicable to local governments shall include the
requirement that a local government adopt and enforce
comprehensive ordinances, building codes, land use
measures, and other measures for earthquake disaster
loss reduction that--
``(i) take into consideration the
identified earthquake hazards applicable to the
area over which the local government has
jurisdiction; and
``(ii) reflect current, cost-effective
techniques designed to reduce losses from
earthquake disasters and ensure the continued
functionality of critical facilities and
critical public infrastructure.
``(C) Consultation.--The criteria under
subparagraph (A) shall be adopted after consultation
with--
``(i) Federal, State, and local government
officials and agencies; and
``(ii) other persons knowledgeable in the
fields of natural disasters and hazard
mitigation.
``(c) Cost Sharing.--
``(1) In general.--Subject to paragraph (2), the Federal
share of the cost of measures carried out using a grant under
the grant program shall be 75 percent.
``(2) Insufficiency of federal funds.--In paying the
Federal share under paragraph (1) in a case in which there are
insufficient funds in the Loss Reduction Trust Fund to fund all
applications that are eligible for approval, the Director of
the Agency may consider--
``(A) the desirability of geographical dispersal of
available funds;
``(B) the extent to which any applicant faces a
greater risk of earthquake disasters, in number or
severity, than other applicants;
``(C) the extent to which each applicant is
expending resources on addressing urgent problems
concerning critical facilities or critical public
infrastructure; and
``(D) the extent to which the measures proposed to
be funded using the grant are expected to result in
cost savings to the Federal Government under the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.).
``(d) Use of Grant Funds.--
``(1) In general.--A grant under the grant program may be
used--
``(A) to retrofit critical facilities and critical
public infrastructure in accordance with paragraph (2);
``(B) to implement earthquake disaster mitigation
measures in accordance with paragraph (3); and
``(C) to develop earthquake disaster recovery plans
in accordance with paragraph (4).
``(2) Retrofit of critical facilities and critical public
infrastructure.--
``(A) In general.--A grant under the grant program
may be used to retrofit a critical facility or critical
public infrastructure with parts or equipment that
meets current standards for withstanding earthquake
disasters (as determined by the Director of the
Agency).
``(B) Selection of critical facilities and critical
public infrastructure.--A critical facility or critical
public infrastructure shall be selected for a grant
under subparagraph (A) if the critical facility or
critical public infrastructure is identified in a long-
term strategic earthquake disaster loss reduction plan
adopted under subsection (b)(1)(D) as having high
priority for retrofit because of the effect that damage
to the critical facility or critical public
infrastructure from an earthquake disaster would have
on the quality of human life in the region and on
recovery from the earthquake disaster.
``(3) Implementation of earthquake disaster mitigation
measures.--A grant under the grant program may be used to
implement an earthquake disaster mitigation measure designed to
ensure the continued functionality of a critical facility or
critical public infrastructure.
``(4) Development of earthquake disaster recovery plans.--
``(A) In general.--A grant under the grant program
may be used to develop an earthquake disaster recovery
plan that includes--
``(i) a plan for reestablishing government
operations and community services after an
earthquake disaster; and
``(ii) a plan for long-term recovery after
an earthquake disaster.
``(B) Schedule for payment of grant funds.--Of a
grant for measures described in subparagraph (A)--
``(i) 50 percent shall be paid upon
approval by the Director of the Agency of the
application for the grant; and
``(ii) 50 percent shall be paid upon
adoption of the earthquake disaster recovery
plan by the local government, public hospital,
or public institution of higher education.
``SEC. 7. LOSS REDUCTION TRUST FUND.
``(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the `Loss Reduction Trust Fund',
consisting of--
``(1) such amounts as are appropriated to the Loss
Reduction Trust Fund under subsection (b);
``(2) such amounts as are appropriated to the Loss
Reduction Trust Fund under section 12(e); and
``(3) any interest earned on investment of amounts in the
Loss Reduction Trust Fund under subsection (d).
``(b) Transfers to Loss Reduction Trust Fund.--There are
appropriated to the Loss Reduction Trust Fund amounts equivalent to--
``(1) such amounts as the Director of the Agency determines
are remaining after the close-out of any active disaster
declaration account under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
``(2) such amounts as--
``(A) were allocated for hazard mitigation
assistance with respect to a major disaster under
section 404 of that Act (42 U.S.C. 5170c); and
``(B) the Director of the Agency determines are
remaining after expiration of the time limits
established under subsection (c) of that section; and
``(3) amounts received as gifts under subsection (f).
``(c) Expenditures From Loss Reduction Trust Fund.--Upon request by
the Director of the Agency, the Secretary of the Treasury shall
transfer from the Loss Reduction Trust Fund to the Director of the
Agency such amounts as the Director of the Agency determines are
necessary to carry out section 6.
``(d) Investment of Amounts.--
``(1) In general.--The Secretary of the Treasury shall
invest such portion of the Loss Reduction Trust Fund as is not,
in the judgment of the Secretary of the Treasury, required to
meet current withdrawals. Investments may be made only in
interest-bearing obligations of the United States.
``(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
``(A) on original issue at the issue price; or
``(B) by purchase of outstanding obligations at the
market price.
``(3) Sale of obligations.--Any obligation acquired by the
Loss Reduction Trust Fund may be sold by the Secretary of the
Treasury at the market price.
``(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Loss Reduction Trust Fund shall be credited to and form a part
of the Loss Reduction Trust Fund.
``(e) Transfers of Amounts.--
``(1) In general.--The amounts required to be transferred
to the Loss Reduction Trust Fund under this section shall be
transferred at least monthly from the general fund of the
Treasury to the Loss Reduction Trust Fund on the basis of
estimates made by the Secretary of the Treasury.
``(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
``(f) Gifts.--The Secretary of the Treasury may accept gifts of
cash for transfer to the Loss Reduction Trust Fund.''.
(c) Funding for Central United States Earthquake Consortium.--
Section 12(a)(8)(B) of the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7706) is amended by striking the comma at the end and inserting
the following: ``, of which $1,000,000 is for the Central United States
Earthquake Consortium to fund a multi-State consortium to reduce the
threat of earthquake damages in the New Madrid seismic region through
efforts to enhance preparedness, response, recovery, and mitigation,''
(d) Authorization of Appropriations.--Section 12 of the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7706) is amended by adding at
the end the following:
``(e) Loss Reduction Trust Fund.--There is authorized to be
appropriated to the Loss Reduction Trust Fund $1,000,000,000.''.
(e) Postdisaster Assistance.--
(1) Definitions.--Section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)
is amended by adding at the end the following:
``(10) Critical facility.--The term `critical facility'
means--
``(A) a public structure (including a police
station, fire station, city or town hall, school, or
other public building) or a public or nonprofit private
hospital that is--
``(i) owned by an entity; and
``(ii) critical to the continuity of the
entity or to the conduct of the disaster
response activities of the entity; or
``(B) a facility that--
``(i) provides medical services to a
specific occupational or industry segment of
the general public; and
``(ii) is operated by an organization
described in subsection (c) or (d) of section
501 of the Internal Revenue Code of 1986 and
exempt from taxation under subsection (a) of
such section.
``(11) Critical public infrastructure.--The term `critical
public infrastructure' means a utility or transportation system
(including a bridge, energy system, water or sewer system, or
communication system) that is--
``(A) owned by an entity; and
``(B) critical to the conduct of the disaster
response activities of the entity.''.
(f) Conforming Amendments.--Section 12(a) of the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7706(a)) is amended by inserting ``(as
in effect on September 30, 1997)'' after ``6 of this Act'' each place
it appears.
SEC. 10. FUNDING FOR ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING
SYSTEM.
(a) Findings.--Congress finds the following:
(1) The Advanced National Seismic System (know as
``ANSS''), established by the Director of the United States
Geographical Survey under section 13 of the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7707), is charged with
providing timely data and information for seismic events,
including their effects on buildings and structures, by
employing modern monitoring methods and technologies.
(2) These technologies include an integrated system of
modern seismographs, communications networks, data processing,
and well-trained personnel.
(3) ANSS will automatically broadcast information when a
significant earthquake occurs for immediate assessment of its
impact.
(4) Where feasible, for sites at a distance from the
epicenter, ANSS will broadcast an early warning seconds before
strong shaking arrives.
(5) This capability can provide a warning that may save
lives and critical infrastructure.
(6) Since fiscal year 2002, Congress has appropriated
funding for ANSS at a level that is considerably lower than its
authorization.
(b) Sense of Congress.--It is the sense of Congress that the
Advanced National Seismic System should be funded at its authorization
level in order to achieve the goal of deploying a nationwide network of
over 7,000 earthquake sensor systems serving the entire United States
and providing dense coverage in 26 at-risk urban areas.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure, Science, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure, Science, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure, Science, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure, Science, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure, Science, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Environment, Technology, and Standards.
Referred to the Subcommittee on Research.
Referred to the Subcommittee on Housing and Community Opportunity.