Appendix D. Executive Orders

Appendix D1. Text of Executive Order 12699 ofJanuary 5, 1990

Seismic Safety of Federal and Federally Assisted or RegulatedNew Building Construction

By the authority vested in me as President by the Constitution and lawsof the United States of America, and in furtherance of the Earthquake HazardsReduction Act of 1977, as amended (42 U.S.C. 7701 et seq.), which requiresthat Federal preparedness and mitigation activities are to include "developmentand promulgation of specifications, building standards, design criteria,and construction practices to achieve appropriate earthquake resistancefor new ...structures, and an examination of alternative provisions andrequirements for reducing earthquake hazards through Federal and federallyfinanced construction, loans, loan guarantees, and licenses..." (42U.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 occupantsof buildings owned by the Federal Government and to persons who would beaffected by the failures of Federal buildings in earthquakes, to improvethe capability of essential Federal buildings to function during or afteran earthquake, and to reduce earthquake losses of public buildings, allin a cost-effective manner. A building means any structure, fully or partiallyenclosed, used or intended for sheltering persons or property.

Each Federal agency responsible for the design and construction of eachnew Federal building shall ensure that the building is designed and constructedin accord with appropriate seismic design and construction standards. Thisrequirement pertains to all building projects for which development of detailedplans and specifications is initiated subsequent to the issuance of theorder. Seismic design and construction standards shall be adopted for agencyuse 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 occupantsof buildings leased for Federal uses or purchased or constructed with Federalassistance, to reduce risks to the lives of persons who would be affectedby earthquake failures of federally assisted or regulated buildings, andto protect public investments, all in a cost-effective manner. The provisionsof this order shall apply to all the new construction activities specifiedin the subsections below.

(a) Space Leased for Federal Occupancy. Each Federal agency responsiblefor the construction and lease of a new building for Federal use shall ensurethat the building is designed and constructed in accord with appropriateseismic design and construction standards. This requirement pertains toall leased building projects for which the agreement covering developmentof detailed plans and specifications is effected subsequent to the issuanceof this order. Local building codes shall be used in design and constructionby those concerned with such activities in accord with section 3(a) and3(c) of this order and augmented when necessary to achieve appropriate seismicdesign and construction standards.

(b) Federal Domestic Assistance Programs. Each Federal agency assistingin the financing, through Federal grants or loans, or guaranteeing the financing,through loan or mortgage insurance programs, of newly constructed buildingsshall plan, and shall initiate no later than 3 years subsequent to the issuanceof this order, measures consistent with section 3(a) of this order, to assureappropriate consideration of seismic safety.

(c) Federally Regulated Buildings. Each Federal agency with generic responsibilityfor regulating the structural safety of buildings shall plan to requireuse of appropriate seismic design and construction standards for new buildingswithin the agency's purview. Implementation of the plan shall be initiatedno later than 3 years subsequent to the issuance of this order.

Sec. 3. Concurrent Requirements. (a) In accord with Office of Managementand Budget Circular A-1 19 of January 17, 1980, entitled "Federal Participationin the Development and Use of Voluntary Standards," nationally recognizedprivate sector standards and practices shall be used for the purposes identifiedin section 1 and 2 above unless the responsible agency finds that none isavailable that meets its requirements. The actions ordered herein shallconsider the seismic hazards in various areas of the country to be as shownin the most recent edition of the American National Standards InstituteStandards A58, Minimum Design Loads for Buildings and Other Structures,or subsequent maps adopted for Federal use in accord with this order. Localbuilding codes determined by the responsible agency or by the InteragencyCommittee for Seismic Safety in Construction to provide adequately for seismicsafety, or special seismic standards and practices required by unique agencymission needs, may be used.

(b) All orders, regulations, circulars, or other directives issued, andall other actions taken prior to the date of this order that meet the requirementsof this order, are hereby confirmed and ratified and shall be deemed tohave been issued under this order.

(c) Federal agencies that are as of this date requiring seismic safety levelsthat are higher than those imposed by this order in their assigned new buildingconstruction programs shall continue to maintain in force such levels.

(d) Nothing in this order shall apply to assistance provided for emergencywork essential to save lives and protect property and public health andsafety, performed pursuant to Sections 402, 403, 502, and 503 of the RobertT. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act)(42 U.S.C. 5170a 5170b, 5192, and 5193), or for temporary housing assistanceprograms and individual and family grants performed pursuant to Sections408 and 411 of the Stafford Act (42 U.S.C. 5174 and 5178). However, thisorder shall apply to other provisions of the Stafford Act after a presidentiallydeclared major disaster or emergency when assistance actions involve newconstruction or total replacement of a building. Grantees and subgranteesshall be encouraged to adopt the standards established in section 3(a) ofthis order for use when the construction does not involve Federal fundingas well as when Federal Emergency Management Agency (FEMA) funding applies.

Sec. 4. Agency Responsibilities. (a) The Director of the Federal EmergencyManagement Agency shall be responsible for reporting to the President onthe execution of this order and providing support for the secretariat ofthe Interagency Committee on Seismic Safety in Construction (ICSSC). TheICSSC, using consensus procedures, shall be responsible to FEMA for therecommendation for adoption of cost-effective seismic design and constructionstandards and practices required by sections 1 and 2 of this order. Participationin 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 existingregulations or procedures to comply with this order within 3 years of itsissuance 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 revisedstandards and practices.

Sec. 5. Reporting. The Federal Emergency Management Agency shall request,from each agency affected by this order, information on the status of itsprocedures, progress in its implementation plan, and the impact of thisorder on its operations. The FEMA shall include an assessment of the executionof this order in its annual report to the Congress on the National EarthquakeHazards Reduction Program.

Sect. 6. Judicial Review. Nothing in this order is intended to create anyright or benefit, substantive or procedural, enforceable at law by a partyagainst the United States, its agencies, its officers, or any person.

/s/ George Bush

The White House,
January 5, 1990

Appendix D2. Text of Executive Order12941 of December 1, 1994

Seismic Safety of Existing Federally Owned or Leased Buildings

By the authority vested in me as President by the Constitution and the lawsof the United States of America, and in furtherance of the Earthquake HazardsReduction Act of 1977, as amended by Public Law 101-614, which requiresthe President to adopt "standards for assessing and enhancing the seismicsafety of existing buildings constructed for or leased by the Federal Governmentwhich were designed and constructed without adequate seismic design andconstruction standards" [42 U.S.C. 7705b(a)], it is hereby orderedas follows:

Section 1. Adoption of Minimum Standards. The Standards of Seismic Safetyfor Existing Federally Owned or Leased Buildings (Standards), developed,issued, and maintained by the Interagency Committee on Seismic Safety inConstruction (ICSSC), are hereby adopted as the minimum level acceptablefor use by Federal Departments and agencies in assessing the seismic safetyof their owned and leased buildings and in mitigating unacceptable seismicrisks 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 completedprior to the date of this order under agency programs that were based onthe Standards deemed adequate and appropriate by the individual agency neednot 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 definedin the Earthquake Hazards Reduction Act of 1977, as amended, [42 U.S.C.7703(5)], used or intended for sheltering persons or property, except forexclusions specified in the Standards.

Section 2. Estimating Costs of Mitigation. Each agency that owns or leasesbuildings for Federal use shall, within 4 years of the issuance of thisorder, develop an inventory of their owned and leased buildings and shallestimate the costs of mitigating unacceptable seismic risks in those buildings.The cost estimate shall be based on the exemptions and evaluation and mitigationrequirements in the Standards. Guidance for the development of the inventoryand cost estimates will be issued by the ICSSC no later than 1 year afterthe signing of this order. Cost estimates with supporting documentationshall be submitted to the Director of the Federal Emergency Management Agency(FEMA) no later than 4 years after the signing of this order.

Section 3. Implementation Responsibilities. (a) The Federal Emergency ManagementAgency is responsible for (1) notifying all Federal departments and agenciesof the existence and content of this order, (2) preparing for Congress,in consultation with the ICSSC, no later than 6 years after the issuanceof this order, a comprehensive report on how to achieve an adequate levelof seismic safety in federally owned and leased buildings in an economicallyfeasible 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 forproviding technical assistance to the Federal Departments and agencies inimplementation of this order.
(c) Federal departments and agencies may request an exception of this orderfrom the Director of the Office of Management.

Section 4. Updating Programs. The ICSSC shall update the Standards at leastevery 5 years. It shall also update the Standards within 2 years of thepublication of the first edition of FEMA's Guidelines for Seismic Rehabilitationof Buildings and Commentary.

Section 5. Judicial Review. Nothing in this order is intended any rightto administrative or judicial law, or any other right, benefit, or trustresponsibility, substantive or procedural, enforceable by law against anyparty against the United States, it's agencies or intrumentalities, itsofficers or employees, or any person.

/s/ William J. Clinton

The White House,
December 1, 1994

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Strategy for National Earthquake Loss Reduction