42 Usc 7701

§ 7671p

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.)
§ 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
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

Page 6092

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
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, destruction 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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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
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 redesig-

§ 7702

nated 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
Section 1 of Pub. L. 101–614 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
Section 1 of Pub. L. 95–124 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
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,