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EO 13717Executive OrderObama · D Quiet signal

Executive Order 13717

Establishing a Federal Earthquake Risk Management Standard

This executive order establishes earthquake-resistant design and construction standards for federal buildings, replacing two prior orders from 1990 and 1994. It mandates that federal agencies comply with the 2015 International Building Code or equivalent standards for new construction, adopt seismic safety standards for existing buildings, and designate coordinators to oversee implementation.

Federal Register Open PDF 81 FR 6407

Impact dates

  1. First biennial implementation reports due to OMB and NIST

  2. Agencies determine if new IBC/IRC version is nationally recognized code

  3. Agencies adopt subsequent ICSSC Standards editions

  4. NIST Director issues implementing guidelines on behalf of ICSSC

  5. Agencies not yet adopting ICSSC Standards must adopt them; new buildings not in programming must comply with 2015 IBC/IRC or equivalent

  6. Agencies identify Seismic Safety Coordinator(s) to NIST Director

Key directives

  • Ensure new federal buildings comply with 2015 IBC/IRC earthquake-resistant design provisions or equivalent codes
  • Adopt ICSSC Standards for existing federally owned and leased buildings as minimum seismic safety level
  • Lease only buildings meeting applicable earthquake-resistant standards to extent permitted by law
  • Consider updating federal assistance procedures for earthquake safety consistency
  • Consider using earthquake-resistant standards for federally regulated buildings
  • Designate Seismic Safety Coordinator(s) and identify to NIST within 30 days
  • Issue implementing guidelines within 8 months
  • Submit biennial implementation reports commencing 2 years from signing
  • Revoke Executive Orders 12699 and 12941

Who is ordered

Timeline

Immediate

  • Agencies must identify Seismic Safety Coordinators to NIST within 30 days
  • Agencies not yet adopting ICSSC Standards must do so within 90 days
  • New buildings not yet in programming must comply with 2015 IBC/IRC or equivalent within 90 days

Near term (90d)

  • NIST Director must issue implementing guidelines within 8 months

Long term

  • Biennial reports to OMB and NIST commencing 2 years from signing
  • ICSSC must review and update Standards at maximum 6-year intervals
  • Agencies must determine whether new IBC/IRC versions are nationally recognized codes within 2 years of release
  • Agencies must adopt subsequent Standards editions within 2 years of issuance

Risks & tensions

  • 'To the extent permitted by law' clauses in leasing and assistance provisions may create compliance gaps
  • Exemption authority for 'important law enforcement purpose' and 'national security/public safety' is broadly discretionary with only post-hoc OMB notification
  • Encouragement to 'go beyond' codes is aspirational rather than enforceable
  • 6-year maximum interval for Standards updates may lag behind evolving seismic science
  • 'Consider updating' language for federal assistance and regulated buildings is weaker than mandatory 'ensure' language elsewhere
Executive Order 13717: Establishing a Federal Earthquake Risk Management Standard · Executive Orders