PUBLIC LAW 108–360—OCT. 25, 2004

NATIONAL EARTHQUAKE HAZARDS

REDUCTION PROGRAM REAUTHORIZATION

118 STAT. 1668 PUBLIC LAW 108–360—OCT. 25, 2004

Public Law 108–360

108th Congress

An Act

To reauthorize the National Earthquake Hazards Reduction 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. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

TITLE I—EARTHQUAKE HAZARD REDUCTION

Sec. 101. Short title.

Sec. 102. Definitions.

Sec. 103. National earthquake hazards reduction program.

Sec. 104. Authorization of appropriations.

TITLE II—WINDSTORM IMPACT REDUCTION

Sec. 201. Short title.

Sec. 202. Findings.

Sec. 203. Definitions.

Sec. 204. National windstorm impact reduction program.

Sec. 205. National advisory committee on windstorm impact reduction.

Sec. 206. Savings clause.

Sec. 207. Authorization of appropriations.

Sec. 208. Biennial report.

Sec. 209. Coordination.

TITLE III—COMMERCIAL SPACE TRANSPORTATION

Sec. 301. Authorization of appropriations.

TITLE I—EARTHQUAKE HAZARD

REDUCTION

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘National Earthquake Hazards

Reduction Program Reauthorization Act of 2004’’.

SEC. 102. DEFINITIONS.

Section 4 of the Earthquake Hazards Reduction Act of 1977

(42 U.S.C. 7701 et seq.) is amended by adding at the end the

following new paragraphs:

‘‘(8) The term ‘Interagency Coordinating Committee’ means

the Interagency Coordinating Committee on Earthquake Hazards Reduction established under section 5(a).

‘‘(9) The term ‘Advisory Committee’ means the Advisory

Committee established under section 5(a)(5).’’.

42 USC 7703.

42 USC 7701

note.

National

Earthquake

Hazards

Reduction

Program

Reauthorization

Act of 2004.

Oct. 25, 2004

[H.R. 2608]

PUBLIC LAW 108–360—OCT. 25, 2004 118 STAT. 1669

SEC. 103. NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM.

Section 5 of the Earthquake Hazards Reduction Act of 1977

(42 U.S.C. 7704(b)) is amended—

(1) by amending subsection (a) to read as follows:

‘‘(a) ESTABLISHMENT.—

‘‘(1) IN GENERAL.—There is established the National Earthquake Hazards Reduction Program.

‘‘(2) PROGRAM ACTIVITIES.—The activities of the Program

shall be designed to—

‘‘(A) develop effective measures for earthquake hazards

reduction;

‘‘(B) promote the adoption of earthquake hazards reduction measures by Federal, State, and local governments,

national standards and model code organizations, architects

and engineers, building owners, and others with a role

in planning and constructing buildings, structures, and

lifelines through—

‘‘(i) grants, contracts, cooperative agreements, and

technical assistance;

‘‘(ii) development of standards, guidelines, and voluntary consensus codes for earthquake hazards reduction for buildings, structures, and lifelines;

‘‘(iii) development and maintenance of a repository

of information, including technical data, on seismic

risk and hazards reduction; and

‘‘(C) improve the understanding of earthquakes and

their effects on communities, buildings, structures, and

lifelines, through interdisciplinary research that involves

engineering, natural sciences, and social, economic, and

decisions sciences; and

‘‘(D) develop, operate, and maintain an Advanced

National Seismic Research and Monitoring System established under section 13 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7707), the George E. Brown,

Jr. Network for Earthquake Engineering Simulation established under section 14 of that Act (42 U.S.C. 7708), and

the Global Seismographic Network.

‘‘(3) INTERAGENCY COORDINATING COMMITTEE ON EARTHQUAKE HAZARDS REDUCTION.—

‘‘(A) IN GENERAL.—There is established an Interagency

Coordinating Committee on Earthquake Hazards Reduction

chaired by the Director of the National Institute of Standards and Technology (referred to in this subsection as

the ‘Director’).

‘‘(B) MEMBERSHIP.—The committee shall be composed

of the directors of—

‘‘(i) the Federal Emergency Management Agency;

‘‘(ii) the United States Geological Survey;

‘‘(iii) the National Science Foundation;

‘‘(iv) the Office of Science and Technology Policy;

and

‘‘(v) the Office of Management and Budget.

‘‘(C) MEETINGS.—The Committee shall meet not less

than 3 times a year at the call of the Director.

‘‘(D) PURPOSE AND DUTIES.—The Interagency Coordinating Committee shall oversee the planning, management,

Establishment.

118 STAT. 1670 PUBLIC LAW 108–360—OCT. 25, 2004

and coordination of the Program. The Interagency Coordinating Committee shall—

‘‘(i) develop, not later than 6 months after the

date of enactment of the National Earthquake Hazards

Reduction Program Reauthorization Act of 2004 and

update periodically—

‘‘(I) a strategic plan that establishes goals and

priorities for the Program activities described

under subsection (a)(2); and

‘‘(II) a detailed management plan to implement

such strategic plan; and

‘‘(ii) develop a coordinated interagency budget for

the Program that will ensure appropriate balance

among the Program activities described under subsection (a)(2), and, in accordance with the plans developed under clause (i), submit such budget to the

Director of the Office of Management and Budget at

the time designated by that office for agencies to

submit annual budgets.

‘‘(4) ANNUAL REPORT.—The Interagency Coordinating Committee shall transmit, at the time of the President’s budget

request to Congress, an annual report to the Committee on

Science and the Committee on Resources of the House of Representatives, and the Committee on Commerce, Science, and

Transportation of the Senate. Such report shall include—

‘‘(A) the Program budget for the current fiscal year

for each agency that participates in the Program, and for

each major goal established for the Program activities

under subparagraph (3)(A);

‘‘(B) the proposed Program budget for the next fiscal

year for each agency that participates in the Program,

and for each major goal established for the Program activities under subparagraph (3)(A);

‘‘(C) a description of the activities and results of the

Program during the previous year, including an assessment

of the effectiveness of the Program in furthering the goals

established in the strategic plan under (3)(A);

‘‘(D) a description of the extent to which the Program

has incorporated the recommendations of the Advisory

Committee;

‘‘(E) a description of activities, including budgets for

the current fiscal year and proposed budgets for the next

fiscal year, that are carried out by Program agencies and

contribute to the Program, but are not included in the

Program; and

‘‘(F) a description of the activities, including budgets

for the current fiscal year and proposed budgets for the

following fiscal year, related to the grant program carried

out under subsection (b)(2)(A)(i).

‘‘(5) ADVISORY COMMITTEE.—

‘‘(A) IN GENERAL.—The Director shall establish an

Advisory Committee on Earthquake Hazards Reduction of

at least 11 members, none of whom may be an employee

(as defined in subparagraphs (A) through (F) of section

7342(a)(1) of title 5, United States Code, including representatives of research and academic institutions, industry

standards development organizations, State and local

Establishment.

Deadline.

PUBLIC LAW 108–360—OCT. 25, 2004 118 STAT. 1671

government, and financial communities who are qualified

to provide advice on earthquake hazards reduction and

represent all related scientific, architectural, and

engineering disciplines. The recommendations of the

Advisory Committee shall be considered by Federal agencies in implementing the Program.

‘‘(B) ASSESSMENT.—The Advisory Committee shall

assess—

‘‘(i) trends and developments in the science and

engineering of earthquake hazards reduction;

‘‘(ii) effectiveness of the Program in carrying out

the activities under (a)(2);

‘‘(iii) the need to revise the Program; and

‘‘(iv) the management, coordination, implementation, and activities of the Program.

‘‘(C) REPORT.—Not later than 1 year after the date

of enactment of the National Earthquake Hazards Reduction Program Reauthorization Act of 2004 and at least

once every 2 years thereafter, the Advisory Committee

shall report to the Director on its findings of the assessment

carried out under subparagraph (B) and its recommendations for ways to improve the Program. In developing recommendations, the Committee shall consider the recommendations of the United States Geological Survey Scientific Earthquake Studies Advisory Committee.

‘‘(D) FEDERAL ADVISORY COMMITTEE ACT APPLICATION.—

Section 14 of the Federal Advisory Committee Act (5 App.

U.S.C. 14) shall not apply to the Advisory Committee.’’;

(2) in subsection (b)—

(A) in paragraph (1)—

(i) by striking ‘‘Federal Emergency Management

Agency’’ and all that follows through ‘‘of the Agency’’

and inserting ‘‘National Institute of Standards and

Technology shall have the primary responsibility for

planning and coordinating the Program. In carrying

out this paragraph, the Director of the Institute’’;

(ii) by striking subparagraphs (B) and (C) and

redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively;

(iii) by inserting after subparagraph (A) the following:

‘‘(B) support the development of performance-based

seismic engineering tools, and work with appropriate

groups to promote the commercial application of such tools,

through earthquake-related building codes, standards, and

construction practices;’’;

(iv) by striking ‘‘The principal official carrying out

the responsibilities described in this paragraph shall

be at a level no lower than that of Associate Director.’’;

and

(v) in subparagraph (D), as redesignated by clause

(ii), by striking ‘‘National Science Foundation, the

National Institutes of Standards and Technology’’ and

inserting ‘‘Federal Emergency Management Agency,

the National Science Foundation’’;

(B) by striking so much of paragraph (2) as precedes

subparagraph (B) and inserting the following:

118 STAT. 1672 PUBLIC LAW 108–360—OCT. 25, 2004

‘‘(2) DEPARTMENT OF HOMELAND SECURITY; FEDERAL EMERGENCY

MANAGEMENT AGENCY.— ‘‘(A) PROGRAM RESPONSIBILITIES.—The Under Secretary of

Homeland Security for Emergency Preparedness and Response

(the Director of the Federal Emergency Management Agency)—

‘‘(i) shall work closely with national standards and

model building code organizations, in conjunction with the

National Institute of Standards and Technology, to promote

the implementation of research results;

‘‘(ii) shall promote better building practices within the

building design and construction industry including

architects, engineers, contractors, builders, and inspectors;

‘‘(iii) shall operate a program of grants and assistance

to enable States to develop mitigation, preparedness, and

response plans, prepare inventories and conduct seismic

safety inspections of critical structures and lifelines, update

building and zoning codes and ordinances to enhance

seismic safety, increase earthquake awareness and education, and encourage the development of multi-State

groups for such purposes;

‘‘(iv) shall support the implementation of a comprehensive earthquake education and public awareness program,

including development of materials and their wide dissemination to all appropriate audiences and support public

access to locality-specific information that may assist the

public in preparing for, mitigating against, responding to

and recovering from earthquakes and related disasters;

‘‘(v) shall assist the National Institute of Standards

and Technology, other Federal agencies, and private sector

groups, in the preparation, maintenance, and wide dissemination of seismic resistant design guidance and related

information on building codes, standards, and practices

for new and existing buildings, structures, and lifelines,

and aid in the development of performance-based design

guidelines and methodologies supporting model codes for

buildings, structures, and lifelines that are cost effective

and affordable;

‘‘(vi) shall develop, coordinate, and execute the National

Response Plan when required following an earthquake,

and support the development of specific State and local

plans for each high risk area to ensure the availability

of adequate emergency medical resources, search and

rescue personnel and equipment, and emergency broadcast

capability;

‘‘(vii) shall develop approaches to combine measures

for earthquake hazards reduction with measures for reduction of other natural and technological hazards including

performance-based design approaches;

‘‘(viii) shall provide preparedness, response, and mitigation recommendations to communities after an earthquake

prediction has been made under paragraph (3)(D); and

‘‘(ix) may enter into cooperative agreements or contracts with States and local jurisdictions and other Federal

agencies to establish demonstration projects on earthquake

hazard mitigation, to link earthquake research and mitigation efforts with emergency management programs, or to

prepare educational materials for national distribution.’’;

PUBLIC LAW 108–360—OCT. 25, 2004 118 STAT. 1673

(C) in paragraph (3)—

(i) by inserting ‘‘and other activities’’ after ‘‘shall

conduct research’’;

(ii) in subparagraph (C), by striking ‘‘the Agency’’

and inserting ‘‘the Director of the Federal Emergency

Management Agency and the Director of the National

Institute of Standards and Technology’’;

(iii) in subparagraph (D), by striking ‘‘the Director

of the Agency’’ and inserting ‘‘the Director of the Federal Emergency Management Agency and the Director

of the National Institute of Standards and Technology’’;

(iv) in subparagraph (E), by striking ‘‘establish,

using existing facilities, a Center for the International

Exchange of Earthquake Information’’ and inserting

‘‘operate, using the National Earthquake Information

Center, a forum for the international exchange of

earthquake information’’;

(v) in subparagraph (F), by striking ‘‘Network’’ and

inserting ‘‘System’’; and

(vi) by inserting after subparagraph (H) the following new subparagraphs:

‘‘(I) work with other Program agencies to coordinate

Program activities with similar earthquake hazards reduction efforts in other countries, to ensure that the Program

benefits from relevant information and advances in those

countries; and

‘‘(J) maintain suitable seismic hazard maps in support

of building codes for structures and lifelines, including

additional maps needed for performance-based design

approaches.’’;

(D) in paragraph (4)—

(i) by redesignating subparagraphs (D), (E), and

(F) as subparagraphs (E), (F), and (H), respectively;

(ii) by inserting after subparagraph (C) the following:

‘‘(D) support research that improves the safety and

performance of buildings, structures, and lifeline systems

using large-scale experimental and computational facilities

of the George E. Brown Jr. Network for Earthquake

Engineering Simulation and other institutions engaged in

research and the implementation of the National Earthquake Hazards Reduction Program;’’;

(iii) in subparagraph (F) (as so redesignated), by

striking ‘‘; and’’ and inserting a semicolon; and

(iv) by inserting after subparagraph (F) (as so

redesignated) the following:

‘‘(G) include to the maximum extent practicable diverse

institutions, including Historically Black Colleges and

Universities and those serving large proportions of Hispanics, Native Americans, Asian-Pacific Americans, and

other underrepresented populations; and’’;

(E) in paragraph (5), by striking ‘‘The National’’ and

inserting ‘‘In addition to the lead agency responsibilities

described under paragraph (1), the National’’; and

(F) in paragraph (5)—

(i) by striking ‘‘and’’ after the semicolon in subparagraph (C);

118 STAT. 1674 PUBLIC LAW 108–360—OCT. 25, 2004

(ii) by redesignating subparagraph (D) as subparagraph (E); and

(iii) by inserting after subparagraph (C) the following:

‘‘(D) support the development and commercial application

of cost effective and affordable performance-based seismic

engineering by providing technical support for seismic

engineering practices and related building code, standards, and

practices development; and’’; and

(3) in subsection (c)(1), by striking ‘‘Agency’’ and inserting

‘‘Interagency Coordinating Committee’’.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Section 12 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706) is amended—

(1) by adding at the end of subsection (a) the following:

‘‘(8) There are authorized to be appropriated to the Federal

Emergency Management Agency for carrying out this title— ‘‘(A) $21,000,000 for fiscal year 2005,

‘‘(B) $21,630,000 for fiscal year 2006,

‘‘(C) $22,280,000 for fiscal year 2007,

‘‘(D) $22,950,000 for fiscal year 2008, and

‘‘(E) $23,640,000 for fiscal year 2009,

of which not less than 10 percent of available program funds

actually appropriated shall be made available each such fiscal

year for supporting the development of performance-based, costeffective, and affordable design guidelines and methodologies

in codes for buildings, structures, and lifelines.’’;

(2) by inserting ‘‘(1)’’ before ‘‘There’’ in subsection (b);

(3) by striking ‘‘subsection’’ in the last sentence and

inserting ‘‘paragraph’’;

(4) by redesignating paragraphs (1) through (5) of subsection (b) as subparagraphs (A) through (E), respectively;

(5) by adding at the end of subsection (b) the following:

‘‘(2) There are authorized to be appropriated to the United

States Geological Survey for carrying out this title—

‘‘(A) $77,000,000 for fiscal year 2005, of which not less

than $30,000,000 shall be made available for completion of

the Advanced National Seismic Research and Monitoring

System established under section 13;

‘‘(B) $84,410,000 for fiscal year 2006, of which not less

than $36,000,000 shall be made available for completion of

the Advanced National Seismic Research and Monitoring

System established under section 13;

‘‘(C) $85,860,000 for fiscal year 2007, of which not less

than $36,000,000 shall be made available for completion of

the Advanced National Seismic Research and Monitoring

System established under section 13;

‘‘(D) $87,360,000 for fiscal year 2008, of which not less

than $36,000,000 shall be made available for completion of

the Advanced National Seismic Research and Monitoring

System established under section 13; and

‘‘(E) $88,900,000 for fiscal year 2009, of which not less

than $36,000,000 shall be made available for completion of

the Advanced National Seismic Research and Monitoring

System established under section 13.’’;

(6) by inserting ‘‘(1)’’ before ‘‘To’’ in subsection (c);

PUBLIC LAW 108–360—OCT. 25, 2004 118 STAT. 1675

(7) by adding at the end of subsection (c) the following:

‘‘(2) There are authorized to be appropriated to the National

Science Foundation for carrying out this title— ‘‘(A) $38,000,000 for fiscal year 2005;

‘‘(B) $39,140,000 for fiscal year 2006;

‘‘(C) $40,310,000 for fiscal year 2007;

‘‘(D) $41,520,000 for fiscal year 2008; and

‘‘(E) $42,770,000 for fiscal year 2009.’’;

(8) by inserting ‘‘(1)’’ before ‘‘To’’ in subsection (d); and

(9) by adding at the end of subsection (d) the following:

‘‘(2) There are authorized to be appropriated to the National

Institute of Standards and Technology for carrying out this title— ‘‘(A) $10,000,000 for fiscal year 2005,

‘‘(B) $11,000,000 for fiscal year 2006,

‘‘(C) $12,100,000 for fiscal year 2007,

‘‘(D) $13,310,000 for fiscal year 2008, and

‘‘(E) $14,640,000 for fiscal year 2009,

of which $2,000,000 shall be made available each such fiscal year

for supporting the development of performance-based, cost-effective,

and affordable codes for buildings, structures, and lifelines.’’.

(b) SEPARATE AUTHORIZATION FOR THE ADVANCED NATIONAL

SEISMIC RESEARCH AND MONITORING SYSTEM.—Section 13 of the

Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7707) is

amended by striking subsection (c).

(c) SEPARATE AUTHORIZATION FOR THE NETWORK FOR EARTH- QUAKE ENGINEERING SIMULATION.—Section 14(b) of the Earthquake

Hazards Reduction Act of 1977 (42 U.S.C. 7708(b)) is amended—

(1) by striking ‘‘and’’ after the semicolon in paragraph

(3);

(2) by striking ‘‘2004.’’ in paragraph (4) and inserting

‘‘2004;’’;

(3) by adding at the end the following:

‘‘(5) $20,000,000 for fiscal year 2005, all of which shall

be available for operations and maintenance; ‘‘(6) $20,400,000 for fiscal year 2006, all of which shall

be available for operations and maintenance;

‘‘(7) $20,870,000 for fiscal year 2007, all of which shall

be available for operations and maintenance;

‘‘(8) $21,390,000 for fiscal year 2008, all of which shall

be available for operations and maintenance; and

‘‘(9) $21,930,000 for fiscal year 2009, all of which shall

be available for operations and maintenance.’’.

TITLE II—WINDSTORM IMPACT

REDUCTION

SEC. 201. SHORT TITLE.

This Act may be cited as the ‘‘National Windstorm Impact

Reduction Act of 2004’’.

SEC. 202. FINDINGS.

The Congress finds the following:

(1) Hurricanes, tropical storms, tornadoes, and thunderstorms can cause significant loss of life, injury, destruction

of property, and economic and social disruption. All States

and regions are vulnerable to these hazards.

42 USC 15701.

42 USC 15701

note.

National

Windstorm

Impact Reduction

Act of 2004.

118 STAT. 1676 PUBLIC LAW 108–360—OCT. 25, 2004

(2) The United States currently sustains several billion

dollars in economic damages each year due to these windstorms.

In recent decades, rapid development and population growth

in high-risk areas has greatly increased overall vulnerability

to windstorms.

(3) Improved windstorm impact reduction measures have

the potential to reduce these losses through—

(A) cost-effective and affordable design and construction methods and practices;

(B) effective mitigation programs at the local, State,

and national level;

(C) improved data collection and analysis and impact

prediction methodologies;

(D) engineering research on improving new structures

and retrofitting existing ones to better withstand windstorms, atmospheric-related research to better understand

the behavior and impact of windstorms on the built environment, and subsequent application of those research results;

and

(E) public education and outreach.

(4) There is an appropriate role for the Federal Government

in supporting windstorm impact reduction. An effective Federal

program in windstorm impact reduction will require interagency coordination, and input from individuals, academia, the

private sector, and other interested non-Federal entities.

SEC. 203. DEFINITIONS.

In this title:

(1) DIRECTOR.—The term ‘‘Director’’ means the Director

of the Office of Science and Technology Policy.

(2) PROGRAM.—The term ‘‘Program’’ means the National

Windstorm Impact Reduction Program established by section

204(a).

(3) STATE.—The term ‘‘State’’ means each of the States

of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,

American Samoa, the Commonwealth of the Northern Mariana

Islands, and any other territory or possession of the United

States.

(4) WINDSTORM.—The term ‘‘windstorm’’ means any storm

with a damaging or destructive wind component, such as a

hurricane, tropical storm, tornado, or thunderstorm.

SEC. 204. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM.

(a) ESTABLISHMENT.—There is established the National Windstorm Impact Reduction Program.

(b) OBJECTIVE.—The objective of the Program is the achievement of major measurable reductions in losses of life and property

from windstorms. The objective is to be achieved through a coordinated Federal effort, in cooperation with other levels of government,

academia, and the private sector, aimed at improving the understanding of windstorms and their impacts and developing and

encouraging implementation of cost-effective mitigation measures

to reduce those impacts.

(c) INTERAGENCY WORKING GROUP.—Not later than 90 days

after the date of enactment of this Act, the Director shall establish

an Interagency Working Group consisting of representatives of the

National Science Foundation, the National Oceanic and

Deadline.

Establishment.

42 USC 15703.

42 USC 15702.

PUBLIC LAW 108–360—OCT. 25, 2004 118 STAT. 1677

Atmospheric Administration, the National Institute of Standards

and Technology, the Federal Emergency Management Agency, and

other Federal agencies as appropriate. The Director shall designate

an agency to serve as Chair of the Working Group and be responsible for the planning, management, and coordination of the Program, including budget coordination. Specific agency roles and

responsibilities under the Program shall be defined in the

implementation plan required under subsection (e). General agency

responsibilities shall include the following:

(1) The National Institute of Standards and Technology

shall support research and development to improve building

codes and standards and practices for design and construction

of buildings, structures, and lifelines.

(2) The National Science Foundation shall support research

in engineering and the atmospheric sciences to improve the

understanding of the behavior of windstorms and their impact

on buildings, structures, and lifelines.

(3) The National Oceanic and Atmospheric Administration

shall support atmospheric sciences research to improve the

understanding of the behavior of windstorms and their impact

on buildings, structures, and lifelines.

(4) The Federal Emergency Management Agency shall support the development of risk assessment tools and effective

mitigation techniques, windstorm-related data collection and

analysis, public outreach, information dissemination, and

implementation of mitigation measures consistent with the

Agency’s all-hazards approach.

(d) PROGRAM COMPONENTS.—

(1) IN GENERAL.—The Program shall consist of three primary mitigation components: improved understanding of windstorms, windstorm impact assessment, and windstorm impact

reduction. The components shall be implemented through

activities such as data collection and analysis, risk assessment,

outreach, technology transfer, and research and development.

To the extent practicable, research activities authorized under

this title shall be peer-reviewed, and the components shall

be designed to be complementary to, and avoid duplication

of, other public and private hazard reduction efforts.

(2) UNDERSTANDING OF WINDSTORMS.—Activities to enhance

the understanding of windstorms shall include research to

improve knowledge of and data collection on the impact of

severe wind on buildings, structures, and infrastructure.

(3) WINDSTORM IMPACT ASSESSMENT.—Activities to improve

windstorm impact assessment shall include—

(A) development of mechanisms for collecting and

inventorying information on the performance of buildings,

structures, and infrastructure in windstorms and improved

collection of pertinent information from sources, including

the design and construction industry, insurance companies,

and building officials;

(B) research, development, and technology transfer to

improve loss estimation and risk assessment systems; and

(C) research, development, and technology transfer to

improve simulation and computational modeling of windstorm impacts.

(4) WINDSTORM IMPACT REDUCTION.—Activities to reduce

windstorm impacts shall include—

118 STAT. 1678 PUBLIC LAW 108–360—OCT. 25, 2004

(A) development of improved outreach and implementation mechanisms to translate existing information and

research findings into cost-effective and affordable practices

for design and construction professionals, and State and

local officials;

(B) development of cost-effective and affordable windstorm-resistant systems, structures, and materials for use

in new construction and retrofit of existing construction;

and

(C) outreach and information dissemination related to

cost-effective and affordable construction techniques, loss

estimation and risk assessment methodologies, and other

pertinent information regarding windstorm phenomena to

Federal, State, and local officials, the construction industry,

and the general public.

(e) IMPLEMENTATION PLAN.—Not later than 1 year after date

of enactment of this title, the Interagency Working Group shall

develop and transmit to the Congress an implementation plan for

achieving the objectives of the Program. The plan shall include—

(1) an assessment of past and current public and private

efforts to reduce windstorm impacts, including a comprehensive

review and analysis of windstorm mitigation activities supported by the Federal Government;

(2) a description of plans for technology transfer and

coordination with natural hazard mitigation activities supported by the Federal Government;

(3) a statement of strategic goals and priorities for each

Program component area;

(4) a description of how the Program will achieve such

goals, including detailed responsibilities for each agency; and

(5) a description of plans for cooperation and coordination

with interested public and private sector entities in each program component area.

(f) BIENNIAL REPORT.—The Interagency Working Group shall,

on a biennial basis, and not later than 180 days after the end

of the preceding 2 fiscal years, transmit a report to the Congress

describing the status of the windstorm impact reduction program,

including progress achieved during the preceding two fiscal years.

Each such report shall include any recommendations for legislative

and other action the Interagency Working Group considers necessary and appropriate. In developing the biennial report, the Interagency Working Group shall consider the recommendations of the

Advisory Committee established under section 205.

SEC. 205. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT

REDUCTION.

(a) ESTABLISHMENT.—The Director shall establish a National

Advisory Committee on Windstorm Impact Reduction, consisting

of not less than 11 and not more than 15 non-Federal members

representing a broad cross section of interests such as the research,

technology transfer, design and construction, and financial communities; materials and systems suppliers; State, county, and local

governments; the insurance industry; and other representatives

as designated by the Director.

(b) ASSESSMENT.—The Advisory Committee shall assess—

(1) trends and developments in the science and engineering

of windstorm impact reduction;

42 USC 15704.

Deadline.

PUBLIC LAW 108–360—OCT. 25, 2004 118 STAT. 1679

(2) the effectiveness of the Program in carrying out the

activities under section 204(d);

(3) the need to revise the Program; and

(4) the management, coordination, implementation, and

activities of the Program.

(c) BIENNIAL REPORT.—At least once every two years, the

Advisory Committee shall report to Congress and the Interagency

Working Group on the assessment carried out under subsection

(b).

(d) SUNSET EXEMPTION.—Section 14 of the Federal Advisory

Committee Act shall not apply to the Advisory Committee established under this section.

SEC. 206. SAVINGS CLAUSE.

Nothing in this title supersedes any provision of the National

Manufactured Housing Construction and Safety Standards Act of

1974. No design, construction method, practice, technology, material, mitigation methodology, or hazard reduction measure of any

kind developed under this title shall be required for a home certified

under section 616 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5415), pursuant

to standards issued under such Act, without being subject to the

consensus development process and rulemaking procedures of that

Act.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

(a) FEDERAL EMERGENCY MANAGEMENT AGENCY.—There are

authorized to be appropriated to the Federal Emergency Management Agency for carrying out this title—

(1) $8,700,000 for fiscal year 2006;

(2) $9,400,000 for fiscal year 2007; and

(3) $9,400,000 for fiscal year 2008.

(b) NATIONAL SCIENCE FOUNDATION.—There are authorized to

be appropriated to the National Science Foundation for carrying

out this title—

(1) $8,700,000 for fiscal year 2006;

(2) $9,400,000 for fiscal year 2007; and

(3) $9,400,000 for fiscal year 2008.

(c) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.—

There are authorized to be appropriated to the National Institute

of Standards and Technology for carrying out this title—

(1) $3,000,000 for fiscal year 2006;

(2) $4,000,000 for fiscal year 2007; and

(3) $4,000,000 for fiscal year 2008.

(d) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.—

There are authorized to be appropriated to the National Oceanic

and Atmospheric Administration for carrying out this title—

(1) $2,100,000 for fiscal year 2006;

(2) $2,200,000 for fiscal year 2007; and

(3) $2,200,000 for fiscal year 2008.

SEC. 208. BIENNIAL REPORT.

Section 37(a) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d(a)) is amended by striking ‘‘By January

30, 1982, and biennially thereafter’’ and inserting ‘‘By January

30 of each odd-numbered year’’.

42 USC 15706.

42 USC 15705.

118 STAT. 1680 PUBLIC LAW 108–360—OCT. 25, 2004

LEGISLATIVE HISTORY—H.R. 2608:

HOUSE REPORTS: No. 108–246, Pt. 1 (Comm. on Science).

SENATE REPORTS: No. 108–385 (Comm. on Commerce, Science, and

Transportation).

CONGRESSIONAL RECORD:

Vol. 149 (2003): Oct. 1, considered and passed House.

Vol. 150 (2004): Oct. 6, considered and passed Senate, amended.

Oct. 8, House concurred in Senate amendment.

Æ

SEC. 209. COORDINATION.

The Secretary of Commerce, the Director of the National

Institute of Standards and Technology, the Director of the Office

of Science and Technology Policy and the heads of other Federal

departments and agencies carrying out activities under this title

and the statutes amended by this title shall work together to

ensure that research, technologies, and response techniques are

shared among the programs authorized in this title in order to

coordinate the Nation’s efforts to reduce vulnerability to the hazards

described in this title.

TITLE III—COMMERCIAL SPACE

TRANSPORTATION

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

Section 70119 of title 49, United States Code, is amended

by striking paragraphs (1) and (2) and inserting the following:

‘‘(1) $11,941,000 for fiscal year 2005;

‘‘(2) $12,299,000 for fiscal year 2006;

‘‘(3) $12,668,000 for fiscal year 2007;

‘‘(4) $13,048,000 for fiscal year 2008; and

‘‘(5) $13,440,000 for fiscal year 2009.’’.

Approved October 25, 2004.

42 USC 15707.