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[108th Congress Public Law 360]
[From the U.S. Government Printing Office]

[DOCID: f:publ360.108]

[[Page 1667]]

      NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM REAUTHORIZATION

[[Page 118 STAT. 1668]]

Public Law 108-360
108th Congress

                                 An Act

 
 To reauthorize the National Earthquake Hazards Reduction Program, and 
       for other purposes. <<NOTE: Oct. 25, 2004 -  [H.R. 2608]>> 

    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-- <<NOTE: National Earthquake Hazards Reduction Program 
Reauthorization Act of 2004.>> EARTHQUAKE HAZARD REDUCTION

SEC. 101. SHORT TITLE. <<NOTE: 42 USC 7701 note.>> 

    This title may be cited as the ``National Earthquake Hazards 
Reduction Program Reauthorization Act of 2004''.

SEC. 102. DEFINITIONS. <<NOTE: 42 USC 7703.>> 

    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).''.

[[Page 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) <<NOTE: Establishment.>>  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,

[[Page 118 STAT. 1670]]

                and coordination of the Program. The Interagency 
                Coordinating Committee shall--
                          ``(i) <<NOTE: Deadline.>> 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) <<NOTE: Establishment.>> 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

[[Page 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:

[[Page 118 STAT. 1672]]

    ``(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.'';

[[Page 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);

[[Page 118 STAT. 1674]]

                          (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, cost-
        effective, 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);

[[Page 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 Earthquake 
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-- <<NOTE: National Windstorm Impact Reduction Act of 
2004.>> WINDSTORM IMPACT REDUCTION

SEC. 201. SHORT TITLE. <<NOTE: 42 USC 15701 note.>> 

    This Act may be cited as the ``National Windstorm Impact Reduction 
Act of 2004''.

SEC. 202. FINDINGS. <<NOTE: 42 USC 15701.>> 

    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.

[[Page 118 STAT. 1676]]

            (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. <<NOTE: 42 USC 15702.>> 

    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. <<NOTE: 42 USC 
            15703.>> 

    (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) <<NOTE: Deadline. Establishment.>> 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

[[Page 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--

[[Page 118 STAT. 1678]]

                    (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) <<NOTE: Deadline.>>  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. <<NOTE: 42 USC 15704.>> 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;

[[Page 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. <<NOTE: 42 USC 15705.>> 

    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. <<NOTE: 42 USC 15706.>> 

    (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''.

[[Page 118 STAT. 1680]]

SEC. 209. COORDINATION. <<NOTE: 42 USC 15707.>> 

    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.

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.

                                  <all>
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