29–006

108TH CONGRESS REPT. 108–575 " HOUSE OF REPRESENTATIVES ! 2d Session Part 1

NATIONAL WINDSTORM IMPACT REDUCTION ACT OF 2004

JUNE 28, 2004.—Ordered to be printed 

Mr. BOEHLERT, from the Committee on Science, 

submitted the following 

R E P O R T 

[To accompany H.R. 3980] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Science, to whom was referred the bill (H.R. 

3980) to establish a National Windstorm Impact Reduction Program, having considered the same, report favorably thereon with 

an amendment and recommend that the bill as amended do pass.

CONTENTS 

Page 

I. Amendment ................................................................................................. 1

II. Purpose of the Bill ...................................................................................... 4

III. Background and Need for the Legislation ................................................ 5

IV. Summary of Hearings ................................................................................. 7

V. Committee Actions ...................................................................................... 8

VI. Summary of Major Provisions of the Bill .................................................. 9

VII. Section-by-Section Analysis (by Title and Section) .................................. 9

VIII. Committee Views ........................................................................................ 12

IX. Exchange of Committee Correspondence .................................................. 13

X. Cost Estimate .............................................................................................. 14

XI. Congressional Budget Office Cost Estimate ............................................. 14

XII. Compliance with Public Law 104–4 (Unfunded Mandates) .................... 15

XIII. Committee Oversight Findings and Recommendations ........................... 15

XIV. Statement on General Performance Goals and Objectives ...................... 16

XV. Constitutional Authority Statement .......................................................... 16

XVI. Federal Advisory Committee Statement ................................................... 16

XVII. Congressional Accountability Act .............................................................. 16

XVIII. Statement on Preemption of State, Local, or Tribal Law ........................ 16

XIX. Changes in Existing Law Made by the Bill, as Reported ........................ 16

XX. Committee Recommendations .................................................................... 17

XXI. Proceedings of the Full Committee Markup ............................................. 19

I. AMENDMENT

The amendment is as follows: 

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Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Windstorm Impact Reduction Act of 2004’’. 

SEC. 2. 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. 

(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. 3. DEFINITIONS. 

In this Act: 

(1) The term ‘‘Director’’ means the Director of the Office of Science and Technology Policy. 

(2) 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. 

(3) The term ‘‘windstorm’’ means any storm with a damaging or destructive 

wind component, such as a hurricane, tropical storm, tornado, or thunderstorm. 

SEC. 4. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM. 

(a) ESTABLISHMENT.—There is established the National Windstorm Impact Reduction Program (in this Act referred to as the ‘‘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 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 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 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. 

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(4) The Federal Emergency Management Agency shall support the development of risk assessment tools and effective mitigation techniques, windstormrelated data collection and analysis, public outreach, and information dissemination. 

(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 Act 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—

(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 

Act, 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 statement of strategic goals and priorities for each Program component 

area; 

(3) a description of how the Program will achieve such goals, including detailed responsibilities for each agency; and 

(4) 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 5. 

SEC. 5. 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; 

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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; 

(2) the effectiveness of the Program in carrying out the activities under section 4(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. 6. SAVINGS CLAUSE. 

Nothing in this Act 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 Act 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. 7. AUTHORIZATION OF APPROPRIATIONS. 

(a) FEDERAL EMERGENCY MANAGEMENT AGENCY.—From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the Federal 

Emergency Management Agency for carrying out this Act—

(1) $8,000,000 for fiscal year 2005; 

(2) $8,700,000 for fiscal year 2006; and 

(3) $9,400,000 for fiscal year 2007. 

(b) NATIONAL SCIENCE FOUNDATION.—From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the National Science Foundation for carrying out this Act—

(1) $8,000,000 for fiscal year 2005; 

(2) $8,700,000 for fiscal year 2006; and 

(3) $9,400,000 for fiscal year 2007. 

(c) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.—From sums otherwise 

authorized to be appropriated, there are authorized to be appropriated to the National Institute of Standards and Technology for carrying out this Act—

(1) $2,000,000 for fiscal year 2005; 

(2) $3,000,000 for fiscal year 2006; and 

(3) $4,000,000 for fiscal year 2007. 

(d) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.—From sums otherwise authorized to be appropriated, there are authorized to be appropriated to the 

National Oceanic and Atmospheric Administration for carrying out this Act—

(1) $2,000,000 for fiscal year 2005; 

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

(3) $2,200,000 for fiscal year 2007. 

SEC. 8. 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’’.

II. PURPOSE OF THE BILL

The purpose of the bill is to establish an interagency National 

Windstorm Impact Reduction Program to improve understanding of 

windstorm impacts, improve windstorm impact assessment, and develop and encourage implementation of mitigation measures to reduce those impacts. 

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III. BACKGROUND AND NEED FOR THE LEGISLATION

High winds can easily destroy commercial and residential structures. Hurricanes can reach constant wind speeds greater than 155 

miles per hour and extend outward as far as 400 miles. While the 

National Weather Service is able to detect hurricanes days before 

they make landfall, predicting when, where, and with what force 

a hurricane will hit remains an inexact science. 

Tornadoes generally occur near the trailing edge of a thunderstorm, though they are also often produced by hurricanes. Tornado 

winds can reach up to 300 miles per hour and can be powerful 

enough to lift homes off foundations. Tornadoes are much more difficult to detect than hurricanes with an average lead-time for 

warnings of only 12 minutes. This makes evacuation nearly impossible, a factor that led to the development and implementation of 

in-residence tornado shelters. 

For both hurricanes and tornadoes, proper construction of buildings is essential to saving lives and reducing property damage. 

Therefore, it is essential to promote research into how windstorms 

impact buildings and how to produce the materials and components 

needed to survive impact. Technology transfer efforts should also 

be strengthened to make sure architects, building code professionals, builders, remodelers, home buyers, and all others involved 

in home construction and retrofit have the knowledge to make their 

decisions in a way that reflects best practice regarding wind hazards. 

With more people than ever before living near coastlines, vulnerability to wind hazards in the U.S. is steadily increasing. Already, 

more than one in six Americans lives in a county that lies on the 

Atlantic or Gulf of Mexico coast. In addition, the coastal population 

is growing rapidly, particularly from Texas through the Carolinas. 

In popular resort areas that are common along the coastline, numbers often swell even further when holiday, weekend, and vacation 

visitors arrive. These large and growing populations have resulted 

in substantial increases in buildings and infrastructure in high-risk 

coastal areas that are also vulnerable to windstorms. 

The bulk of current windstorm hazard funding is directed toward 

fundamental research and development into the atmospheric and 

meteorological aspects of windstorms, contributing to a greater understanding of weather-related phenomena, but generally without 

specific mitigation applications in mind. A smaller portion of the 

windstorm hazard research and development effort is directed toward structural and engineering aspects of buildings and infrastructure affected by windstorms. In a 2003 report, the RAND Corporation, in a study conducted for the Office of Science and Technology Policy, recommended that research and development (R&D) 

efforts should be reoriented toward longer-term loss reduction efforts: ‘‘This is especially relevant for weather-related hazards, for 

which R&D is primarily limited to procurements for short-term 

forecasting efforts . . . . the present emphasis on short time scales 

is clearly circumventing more-lasting solutions . . . A shift to 

longer-term and less prediction-oriented efforts, with a focus on investigations and technologies to make the built environment and 

infrastructures more resilient, holds great promise. Such R&D 

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promises to save lives, protect property, and dramatically reduce 

the costs of rebuilding after a disaster.’’ 

The size and scope of federal investments in R&D to reduce 

structural vulnerability to windstorm impacts is generally agreed 

to be in the range of a few million dollars, although precise data 

are not readily available, in part because of the fragmented and 

uncoordinated nature of these efforts. A 1999 National Academy of 

Sciences report, Review of the Need for a Large-Scale Test Facility 

for Research on the Effects of Extreme Winds on Structures, recommended, ‘‘The federal government should coordinate existing 

federal activities and develop, in conjunction with state and local 

governments, private industry, the research community, and other 

interested stakeholder groups, a national wind-hazard reduction 

program. Congress should consider designating sufficient funds to 

establish and support a national program of this nature.’’ 

Unfortunately, simply developing technical solutions will not reduce vulnerability to wind hazards. The Federal Emergency Management Agency (FEMA) and the insurance industry have both emphasized that improving the wind resistance of buildings will only 

be achieved when there is a demand for wind-resistant construction 

by homeowners. Solving the windstorm vulnerability problem will 

require not only a robust scientific research and technology development program focused on buildings, but related education, educational and public policy activities, behavioral science research, 

and technology transfer as well. 

Many homeowners are simply unaware of the dangers presented 

by windstorms, and even more are unaware of the techniques that 

exist for reducing structural vulnerability related to these dangers. 

Perhaps the best explanation for this is psychological—most people 

just assume that they won’t be affected by natural hazards and 

aren’t willing to invest even minimal time and resources into reducing the vulnerability of their own homes. Among the barriers to 

effective mitigation are: 

• Lack of useful loss data: Windstorm loss data collection is not 

sufficiently detailed or comprehensive. The Federal Government 

has no uniform procedure for compiling loss data, including data on 

the economic effects of windstorms. The insurance industry does 

have mechanisms in place for more detailed data collection but the 

value of this data is unclear, largely because it is proprietary. In 

addition, the data only covers insured losses, a small portion of 

overall windstorm losses. Without access to accurate, meaningful 

data, it is difficult to measure the effectiveness of mitigation techniques or establish public policy priorities. 

• Lack of understanding: Many homeowners are simply unaware 

of the dangers presented by windstorms, and even more are unaware that techniques exist for reducing structural vulnerability to 

these dangers. This is also a problem in the building and construction industry and among policy makers, although to a lesser degree. 

• High cost of implementation: Existing mitigation techniques 

are effective, but often cost-prohibitive. For example, in Lubbock, 

Texas, a city housing program builds houses for low-income residents that are designed to withstand winds up to 150 miles per 

hour and have a safe room to provide additional protection. Of the 

$78,000 that it costs to build one of these houses, $8,500 goes toVerDate jul 14 2003 07:00 Jun 29, 2004 Jkt 029006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR575P1.XXX HR575P1
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wards windstorm mitigation. The City of Lubbock no longer offers 

residents the option of choosing conventionally built homes, but in 

the private sector where market forces dictate choices, most are 

still unwilling to pay. 

• Limited financial incentives: Exacerbating the problem of high cost is the lack of financial incentives for homeowners who are willing to make the extra investment. In general, neither the insurance 

industry nor local, state, or federal governments have been willing 

to provide financial inducements in the form of rate or tax breaks 

for homeowners who take steps to reduce vulnerability. 

• Building codes: For the most part, building codes and local en- forcement practices do not address the problem of windstorm vulnerability. Local and state officials are generally either unaware of 

the dangers and potential mitigation solutions, or are unwilling to 

enact and enforce strict codes that might be expensive for their 

constituents. 

Through establishment of a coordinated interagency program, H.R. 3980 seeks to improve federal efforts to address growing windstorm hazard vulnerabilities and concerns. 

IV. SUMMARY OF HEARINGS

The Committee on Science held a field hearing in Lubbock, Texas on February 9, 2004, to receive testimony on the status of windstorm hazard mitigation in the United States, and to consider the 

role of federal R&D in windstorm hazard reduction. Presenting testimony were: Dr. Ernst Kiesling, Professor of Civil Engineering at 

Texas Tech University; Dr. Bogusz Bienkiewicz, Professor of Civil 

Engineering and Director of the Wind Engineering and Fluids Laboratory at Colorado State University (on behalf of the American Association of Wind Engineering); Dr. Charles Meade, Senior Scientist at RAND and author of a report entitled Assessing Federal 

Research Developments for Hazard Loss Reduction, prepared for 

the Office of Science and Technology Policy (OSTP) in 2003; and 

Brian Shofner, President of Shofner & Associates Insurance Agency. On March 24, 2004, the Subcommittee on Research and the Subcommittee on Environment, Technology, and Standards of the 

House Science Committee held a joint hearing to receive testimony 

on H.R. 3980, National Windstorm Impact Reduction Act of 2004 

and to consider the role of federal research and development in 

windstorm hazard reduction. The Subcommittees received testimony from Dr. John Brighton, Assistant Director for Engineering 

at the National Science Foundation (NSF); Mr. Anthony Lowe, Administrator of the Federal Insurance Mitigation Administration (a 

division of FEMA within the Department of Homeland Security); 

Dr. Steven L. McCabe, Professor of Civil, Environmental and Architectural Engineering at the University of Kansas, who testified 

on behalf of the American Society of Civil Engineers (ASCE); and 

Mr. Jeffrey Sciaudone, Director of Engineering and Technical Services for the Institute for Business & Home Safety (IBHS). Mr. Edward Laatsch, Chief of the FEMA Building Science and Technology 

Branch, accompanied Mr. Lowe. Also, written testimony was submitted by Dr. Stephen P. Leatherman, Director of the International 

Hurricane Research Center & Laboratory for Coastal Research at 

Florida International University; and Mr. Randall G. Pence, PresiVerDate jul 14 2003 07:00 Jun 29, 2004 Jkt 029006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR575P1.XXX HR575P1
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dent of Capitol Hill Advocates, Inc., on behalf of the National Concrete Masonry Association. 

At the hearing, Dr. Brighton and Mr. Lowe both highlighted 

their agencies’ support for windstorm hazard reduction measures, 

although Dr. Brighton expressed moderate concerns about the bill. 

NSF testimony outlined current agency support for research related to the atmospheric, engineering, and social aspects of windstorm hazard reduction, but also noted its concern with the ‘‘unintended consequences of codifying research programs into law.’’ 

FEMA testified that the resource and cost burden of supporting an 

external advisory committee for a relatively small program (H.R. 

3980 authorizes $67.5 million over three years for the National 

Windstorm Impact Reduction Program) would be excessive. Dr. 

McCabe, who endorsed H.R. 3980, emphasized the problem of increasing vulnerability to windstorms, discussed how a coordinated 

interagency program would help to reduce this problem, and presented a specific plan to the Subcommittees on how such a program 

might be structured. Dr. McCabe and ASCE maintained that more 

resources should be focused on reducing vulnerability and that additional spending in this area would actually be a ‘‘moneymaker’’ 

because of the eventual post-hazard savings that would result. Mr. 

Sciaudone, who also endorsed H.R. 3980, emphasized that no significant progress will be made in reducing vulnerability unless 

mitigation measures either become mandatory or cost-competitive. 

He also noted that in forming an advisory committee, it would be 

important to include groups such as homebuilders who have firsthand knowledge on how to best strengthen buildings. 

V. COMMITTEE ACTIONS

On March 17, 2004, Representatives Randy Neugebauer and 

Dennis Moore introduced H.R. 3980, National Windstorm Impact 

Reduction Act of 2004. 

The Committee met on March 31, 2004 to consider the bill. 

Chairman Boehlert offered a manager’s amendment clarifying 

FEMA’s role in the program and amending NSF reporting requirements to stagger the release of two statutorily required biennial reports unrelated to the program established by H.R. 3980. The 

amendment was adopted by voice vote. 

Mr. Gordon moved that the Committee report the bill, H.R. 3980, 

as amended, with the recommendation that the bill as amended do 

pass, that the staff be instructed to make technical and conforming 

changes to the bill as amended and prepare the legislative report, 

and that the Chairman take all necessary steps to bring the bill 

before the House for consideration. With a quorum present, the motion was agreed to by voice vote. 

The Committee, through its jurisdiction both over NOAA and 

most of the agencies that fund research on buildings, has an extensive record for many years of being active on wind research issues. 

Hearings on tornadoes and on other wind hazards have been held 

each of the past three Congresses on predecessor bills to H.R. 3980: 

H.R. 5499 in the 106th Congress: Windstorm Hazard Reduction Research and Technology Transfer Act (Moore/Jones); H.R. 3592 in 

the 107th Congress: Hurricane, Tornado, and Related Natural Hazards Research Act (Moore/Hart); and H.R. 2020 in the 108th ConVerDate jul 14 2003 07:00 Jun 29, 2004 Jkt 029006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR575P1.XXX HR575P1
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gress: Hurricane, Tornado and Related Hazards Research Act 

(Moore/Mario Diaz-Balart). 

VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL

• Establishes the National Windstorm Impact Reduction Program, with the objective of achieving major measurable reductions 

in losses of life and property from windstorms. Requires the Director of OSTP to establish an Interagency Working Group on windstorms consisting of representatives of NSF, FEMA, the National 

Oceanic and Atmospheric Administration (NOAA), and the National Institute of Standards and Technology (NIST). Requires the 

Director of OSTP to designate an agency to serve as Chair of the 

working group, which will be responsible for planning, management, and coordination of the program. • Establishes three primary components for the Program: im- proved understanding of windstorms, windstorm impact assessment, and windstorm impact reduction. Requires the components 

to include activities such as data collection and analysis, outreach, 

technology transfer, and R&D. • Establishes a National Advisory Committee on Windstorm Im- pact Reduction to assess the effectiveness of the Program and make 

recommendations on the need for revisions to the Program. Directs 

the Advisory Committee to report the results of such assessments 

to Congress and the Interagency Working Group on a biennial 

basis. • From sums otherwise authorized to be appropriated, authorizes a total of $20 million, $22.5 million, and $25 million for the 

Program for each of fiscal years 2005 through 2007, respectively. 

VII. SECTION-BY-SECTION ANALYSIS (BY TITLE AND SECTION) 

Sec. 1. Short title 

‘‘National Windstorm Impact Reduction Act of 2004’’ 

Sec. 2. Findings 

The Congress finds that: 

(1) All states and regions are vulnerable to windstorms. 

(2) The United States sustains several billion dollars in economic 

damages each year due to windstorms, and these vulnerabilities 

are increasing. 

(3) Improved windstorm impact reduction measures have the potential to reduce these losses. 

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

mitigating windstorm impacts, and significant coordination and cooperation is required for any program to be effective. 

Sec. 3. Definitions 

Defines terms used in the text. 

Sec. 4. National Windstorm Impact Reduction Program 

(a) Establishment—Establishes the National Windstorm Impact 

Reduction Program. 

(b) Objective—Achievement of major measurable reductions in 

losses of life and property from windstorms through a coordinated 

federal effort, in cooperation with other public and private entities, 

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to improve understanding of windstorm impacts and develop and 

encourage implementation of cost effective mitigation measures to 

reduce those impacts. 

(c) Interagency Working Group—Directs the Director of the Office 

of Science and Technology Policy to establish an Interagency Working Group on Windstorm Impact Reduction, consisting of representatives from NSF, NOAA, NIST, FEMA, and other federal agencies 

as appropriate. Also directs the Director to designate an agency to 

chair the Working Group and to be responsible for managing the 

program. Specific agency roles and responsibilities shall be defined 

in the implementation plan in subsection (e). General responsibilities—

(1) NIST—support R&D to improve building codes, standards 

and practices for design and construction of buildings, structures, 

and lifelines; 

(2) NSF—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) NOAA—support atmospheric sciences research to improve the 

understanding of the behavior of windstorms and their impact on 

buildings, structures, and lifelines; (4) FEMA—support windstorm-related data collection and analysis, public outreach, and information dissemination; support 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) Establishes three primary components—improved understanding of windstorms, windstorm impact assessment, and windstorm impact reduction. Requires the components to include activities such as data collection and analysis, outreach, technology 

transfer, and R&D. Requires that, to the extent practicable, research shall be peer-reviewed and the components shall be designed to avoid duplication of other hazard reduction efforts.

(2) Understanding of windstorms—research to improve knowledge of, and data collection on the impact of severe winds on buildings, structures, and infrastructure. 

(3) Windstorm impact assessment—(A) development of mechanisms for collecting and inventorying information on structural performance in windstorms and collection of 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—(A) development of cost-effective windstorm-resistant systems, structures, and materials for use 

in new construction and retrofitting; (B) development of improved 

outreach and implementation mechanisms to translate existing information and research findings into cost-effective practices for design and construction professionals, and state and local officials; 

(C) outreach to increase public awareness about windstorm hazard 

vulnerability. 

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(e) Implementation Plan—Requires the Interagency Working 

Group to develop a plan for achieving the objectives of the Program 

not later than 12 months after the date of enactment. The Implementation Plan shall include—

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

to reduce windstorm impacts; 

(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 for each component area; 

(4) a description of how the program will achieve its goals, including detailed responsibilities for each agency; and 

(5) a description of plans for public and private cooperation and 

coordination. 

(f) Biennial Report—The Interagency Working Group shall submit a biennial report to Congress providing an assessment of the 

status of the Program, including recommendations for changes. 

Sec. 5. National Advisory Committee on Windstorm Impact Reduction 

(a) Establishment—Establishes a National Advisory Committee 

to review progress made under the Program, advise on improvements, and report to Congress on actions taken to limit vulnerability to windstorms. Requires that the Advisory Committee include between 11 and 15 members to be appointed by the Director, 

one of whom shall be designated as chair. Requires that members 

include representatives of a broad cross-section of interests. Federal agency representatives may not be members of the Advisory 

Committee. 

(b) Assessment—Requires the Advisory Committee to assess the 

effectiveness of the Program. 

(c) Biennial Report—Requires the Advisory Committee to provide, on a biennial basis, a summary report of the assessment to 

Congress and the Interagency Working Group. 

(d) Sunset Exemption—Exempts the Advisory Committee from 

Section 14 of the Federal Advisory Committee Act. 

Sec. 6. Savings clause 

States that nothing in the Act supersedes any provision of the 

National Manufactured Housing Construction and Safety Standards Act of 1974. 

Sec. 7. Authorization of appropriations 

(a) FEMA: Authorizes to be appropriated $8 million, $8.7 million, 

and $9.4 million for FY 2005–2007, respectively. 

(b) NSF: From sums otherwise authorized to be appropriated, authorizes $8 million, $8.7 million, and $9.4 million for FY 2005–

2007, respectively. 

(c) NIST: From sums otherwise authorized to be appropriated, 

authorizes $2 million, $3 million, and $4 million for FY 2005–2007, 

respectively. 

(d) NOAA: From sums otherwise authorized to be appropriated, 

authorizes $2 million, $2.1 million, and $2.2 million for FY 2005–

2007, respectively. 

12

VIII. COMMITTEE VIEWS

The Committee recognizes that damage from windstorms is a significant economic and social problem that costs billions of dollars 

annually. Recent population shifts toward coastal areas combined 

with a sharp increase in the number of people living in manufactured homes have left the United States more vulnerable than ever 

to windstorms. The Committee believes that these vulnerabilities 

will only continue to increase unless action is taken to research, develop, and implement windstorm hazard mitigation measures, and 

that a coordinated federal program in these areas are warranted. 

The Committee expects the agencies to do a better job of coordinating their efforts in windstorm mitigation so that the Federal 

Government has a comprehensive effort in this area to improve 

overall safety in a cost affordable manner while drawing on the 

unique strengths and expertise of each agency. 

The program authorized by this Act is designed to improve understanding of how wind affects structures, enhance windstorm 

damage data collection and analysis, and develop and encourage 

implementation of mitigation techniques. The working group created under this Act consists of agencies that already support these 

efforts in one form or another. Based largely on recommendations 

from the Wind Hazard Reduction Coalition, a collection of academic, design and construction, insurance, and code making organizations, H.R. 3980 identifies broad program component areas and 

specific program activities within each component area, facilitates 

interagency coordination, and limits duplication of work. 

The Committee believes that improving our understanding of 

how wind affects buildings, enhancing the scope and detail of damage data collection, and measuring the degree to which various 

mitigation techniques can lessen that impact will make it possible 

to quantify the value of mitigation. This information will give policymakers, private industry, and individual homeowners the tools 

to make decisions that take windstorm vulnerability into consideration. 

The Committee recognizes that private industry has an important role to play in this effort. For that reason, the Act specifically 

directs the Interagency Working Group to include assessment of 

past and current public and private efforts to reduce windstorm impacts, and a description of plans for public and private cooperation 

and coordination in developing the implementation plan under section 4. In developing the implementation plan and beyond, the 

Committee also encourages the working group to seek ways to 

maximize the contributions of non-federal entities in reducing 

windstorm impacts. Examples of this include improved sharing and 

coordination of windstorm loss and vulnerability data with state 

and local governments and businesses such as insurance companies, as well as coordination with privately supported windstorm 

impact reduction-related research and development. 

The Committee believes that the inclusion of a non-federal National Advisory Committee will be useful in monitoring the 

progress of the program and reporting to Congress on findings and 

recommendations resulting from such monitoring. However, the 

Committee emphasizes that the working group should, to the extent practicable and without limiting its effectiveness, work to minVerDate jul 14 2003 07:00 Jun 29, 2004 Jkt 029006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR575P1.XXX HR575P1
13

imize the cost of the advisory committee so that it does not unnecessarily drain limited funding away from programmatic activities. 

Also, in describing representatives that may serve on the advisory 

committee, the Committee intends that representatives of the ‘‘design and construction’’ communities include representatives of authorities having jurisdiction over design and construction. 

Finally, the Committee expects the National Windstorm Impact 

Reduction Program’s research agenda and policy decisions to be 

firmly grounded in science. In this regard, the Committee recognizes the unique contribution that university-based scientific research can provide in helping to build a solid foundation for policymaking and for guiding national windstorm mitigation research efforts. Therefore, the Director is urged to ensure that the higher 

education community is represented on the national advisory committee. 

IX. EXCHANGE OF COMMITTEE CORRESPONDENCE

U.S. HOUSE OF REPRESENTATIVES, 

COMMITTEE ON SCIENCE, 

Washington, DC, June 25, 2004. 

Hon. DON YOUNG, 

Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR CHAIRMAN YOUNG: I write with regard to H.R. 3980, the 

National Windstorm Impact Reduction Act of 2004. Over the last 

few weeks Science Committee staff has worked closely with Transportation and Infrastructure staff to make some specific changes to 

the bill. It is my understanding that by the Committee on Science 

incorporating these changes in our Manager’s Amendment on the 

floor, your Committee will discharge the bill. 

Thank you for allowing this needed legislation to move forward 

in an expeditious manner. I recognize that by discharging in this 

instance, your Committee does not waive any rights involving those 

provisions in your jurisdiction dealing with the Federal Emergency 

Management Agency. 

Further, I will support your request to be conferees on any provision over which you have jurisdiction during any House-Senate 

conference. I will also include copies of this exchange of letters in 

the legislative report for H.R. 3980. 

Thank you for your consideration regarding this matter. 

Sincerely, 

SHERWOOD L. BOEHLERT, Chairman. 

U.S. HOUSE OF REPRESENTATIVES, 

COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, 

Washington, DC, June 25, 2004. 

Hon. SHERWOOD BOEHLERT, 

Chairman, Committee on Science, 

House of Representatives, Washington, DC. 

DEAR CHAIRMAN BOEHLERT: Thank you for your letter concerning 

H.R. 3980, the National Windstorm Impact Reduction Act of 2004. 

I recognize your desire to bring this important bill before the House 

14

in an expeditious manner. Accordingly, I agree to have the Transportation Committee discharged from further consideration of the 

bill. This is conditional on including in H.R. 3980 the modifications 

as we have agreed to in a manager’s amendment on the House 

Floor. By agreeing to be discharged, however, the Committee on 

Transportation and Infrastructure does not waive its jurisdiction 

over H.R. 3980. 

I appreciate your commitment to support any request by the 

Transportation and Infrastructure Committee for conferees on H.R. 

3980. 

Thank you for your willingness to work together to address the 

Transportation Committee’s concerns. 

Sincerely, 

DON YOUNG, 

Chairman. 

X. COST ESTIMATE

A cost estimate and comparison prepared by the Director of the 

Congressional Budget Office under section 402 of the Congressional 

Budget Act of 1974 has been submitted to the Committee on 

Science prior to the filing of this report and is included in Section 

X of this report pursuant to House rule XIII, clause 3(c)(3). 

H.R. 3980 does not contain new budget authority, credit authority, or changes in revenues or tax expenditures. Assuming that the 

sums authorized under the bill are appropriated, H.R. 3980 authorizes $68 million in additional discretionary spending, as described 

in the Congressional Budget Office report on the bill, which is contained in Section X of this report. 

XI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, April 16, 2004. 

Hon. SHERWOOD L. BOEHLERT, 

Chairman, Committee on Science, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3980, the National Windstorm Reduction Act of 2004. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Julie Middleton. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN. 

Enclosure. 

H.R. 3980—National Windstorm Reduction Act of 2004

Summary: CBO estimates that H.R. 3980 would authorize the 

appropriation of nearly $68 million over the 2005–2009 period for 

a new program to develop methods for reducing the damages 

caused by windstorms. Assuming appropriation of the authorized 

funds, CBO estimates that implementing the bill would cost $67 

million over the 2005–2009 period. Enacting H.R. 3980 would not 

affect direct spending or revenues. 

15

Over the 2005–2007 period, H.R. 3890 would authorize the appropriation of $26.1 million for the Federal Emergency Management Agency (FEMA) and the same amount for the National 

Science Foundation (NSF), $9 million for the National Institute of 

Standards and Technology (NIST), and $6.3 million to the National 

Oceanic and Atmospheric Administration (NOAA) to carry out provisions of this bill. 

H.R. 3980 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 3980 is shown in the following table. The costs 

of this legislation fall within budget functions 250 (general science, 

space, and technology), 300 (natural resources and environment), 

370 (commerce and housing credit), and 450 (community and regional development). 

For this estimate, CBO assumes that the authorized amounts 

will be appropriated for each fiscal year. Outlay estimates are 

based on historical spending patterns for similar programs.

By fiscal year in millions of dollars—

2005 2006 2007 2008 2009

CHANGES IN SPENDING SUBJECT TO APPROPRIATION

FEMA: 

Authorization Level ..................................................................... 8 9 9 0 0

Estimated Outlays ...................................................................... 4 6 8 5 3

NSF: 

Authorization Level ..................................................................... 8 9 9 0 0

Estimated Outlays ...................................................................... 2 6 8 6 3

NIST: 

Authorization Level ..................................................................... 2 3 4 0 0

Estimated Outlays ...................................................................... 2 3 4 1 0

NOAA: 

Authorization Level ..................................................................... 2 2 2 0 0

Estimated Outlays ...................................................................... 1 2 2 1 0

Total Changes: 

Authorization Level ..................................................................... 20 23 25 0 0

Estimated Outlays ...................................................................... 9 17 22 13 6

Intergovernmental and Private-Sector Impact: H.R. 3980 contains no intergovernmental or private-sector mandates as defined 

in UMRA and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal Costs: Julie Middleton; Impact on 

State, Local and Tribal Governments: Gregory Waring; and Impact 

on the Private Sector: Jean Talarico. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

XII. COMPLIANCE WITH PUBLIC LAW 104–4 

H.R. 3980 contains no unfunded mandates. 

XIII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

The Committee on Science’s oversight findings and recommendations are reflected in the body of this report. 

16

XIV. STATEMENT ON GENERAL PERFORMANCE GOALS AND

OBJECTIVES

Pursuant to clause (3)(c) of House rule XIII, the goals of H.R. 

3980 are to establish an interagency National Windstorm Impact 

Reduction Program to achieve major measurable reductions in 

losses of life and property from windstorms through a coordinated 

federal effort, in cooperation with other public and private entities, 

to improve understanding of windstorm impacts and develop and 

encourage implementation of mitigation measures to reduce those 

impacts. 

XV. CONSTITUTIONAL AUTHORITY STATEMENT

Article I, Section 8 of the Constitution of the United States 

grants Congress the authority to enact H.R. 2801. 

XVI. FEDERAL ADVISORY COMMITTEE STATEMENT

The functions of the advisory committee established by H.R. 3980 

are not currently being nor could they be performed by one or more 

agencies or by enlarging the mandate of another existing advisory 

committee. 

XVII. CONGRESSIONAL ACCOUNTABILITY ACT

The Committee finds that H.R. 3980 does not relate to the terms 

and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

XVIII. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL

LAW

This bill is not intended to preempt any state, local, or tribal law.

XIX. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

SECTION 37 OF THE SCIENCE AND ENGINEERING 

EQUAL OPPORTUNITIES ACT 

BIENNIAL REPORT

SEC. 37. (a) ¿By January 30, 1982, and biennially thereafter By 

January 30 of each odd-numbered year, the Director shall simultaneously transmit a report to the Congress, the Attorney General, 

the Director of the Office of Science and Technology Policy, the 

Chairman of the Equal Employment Opportunity Commission, the 

Director of the Office of Personnel Management, the Secretary of 

Labor, the Secretary of Education, and the Secretary of Health and 

Human Services. 

* * * * * * *

17

XX. COMMITTEE RECOMMENDATIONS

On March 31, 2004, a quorum being present, the Committee on 

Science reported H.R. 3980, National Windstorm Impact Reduction 

Act of 2004, as amended, by a voice vote and recommended its enactment.

(19)

XXI. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 

3980, NATIONAL WINDSTORM IMPACT REDUCTION ACT OF 2004

WEDNESDAY, MARCH 31, 2004

HOUSE OF REPRESENTATIVES, COMMITTEE ON SCIENCE, Washington, DC.

The Committee met, pursuant to call, at 10:08 a.m., in Room 

2318 of the Rayburn House Office Building, Hon. Sherwood L. 

Boehlert [Chairman of the Committee] presiding. Chairman BOEHLERT. I want to welcome everyone here this morning. As usual, we are moving forward with bills that are bipartisan. All right. Before I get to my more official statement, as 

those of you know, the Committee on Science meets today to consider the following measures. H.R. 3980, the National Windstorm 

Impact Reduction Act of 2004, H.R. 4030, Congressional Medal for Outstanding Contributions in Math and Science Education of 2004, 

and H.R. 3970, the Green Chemistry Research and Development Act of 2004, and in consultation with Mr. Gordon, we agree that is the order we are going to proceed. The first two should go relatively 

easily. We will have a little more discussion on the Green Chemistry Bill, and we hope by then to have more Members in attendance. 

I ask unanimous consent for the authority to recess the Com- mittee at any point, and without objection, so ordered. We will now proceed with the opening statements, and as I said before I so rudely interrupted myself, welcome. As usual, we are 

moving forward with bills that are bipartisan and moderate. Bills 

that will help make a difference in people’s lives in very real ways. 

I am especially pleased that two of the bills were introduced by 

freshmen Members, Dr. Gingrey and Mr. Neugebauer. We hope 

that all of these bills will be able to move through the House before 

the May recess, although the Wind Bill, because it has a referral 

to another committee, may be a little bit longer. As is our practice, 

I am going to talk about the bills now and let the sponsors describe 

them in greater detail when we get to the markup of each bill. I want to congratulate Mr. Neugebauer and Mr. Moore for com- ing up with an affordable, targeted version of this Wind Bill. Windstorms cause much loss of life and property. We need a program 

for wind like the one we have for earthquakes that targets federal 

R&D resources toward developing better ways for buildings to better withstand windstorms. That is exactly what this bill will create. 

I want to congratulate Chairman Smith and Ms. Johnson on 

their bill to create an award for businesses that help our nation’s 

schools. This is clearly an activity we want to see increase, and this 

20

award will provide an additional incentive. The bill was inspired in 

part by the very successful Baldrige Award Program, which as we 

all know, emanated from this committee. 

I want to take most of my time this morning to talk about Dr. 

Gingrey’s Green Chemistry Bill because that is what this morning’s 

debate will focus on. First let me say that this bill is exactly the 

kind of thing this committee should be doing; making sure that federal R&D programs give enough attention to important research 

that could advance national needs. The Federal Government has 

long had a smattering of Green Chemistry Programs, and even the 

Presidential Award, but we have lacked a sustained focused priority effort in this important area. This bill is designed to change 

that. The bill has attracted a surprisingly large number of amendments. I take that as a sign that we have hit on an important 

issue, one that has been previously neglected. So the amendments 

in that sense are a good sign. 

Unfortunately, we are going to have to oppose these amendments 

in their current form. Let me emphasize that. In their current 

form, even though I always try to be open to other ideas and to 

look for grounds for compromise. We may reach some compromises 

this morning, and we will be offering substitutes for some amendments so that we can get at least some of the ideas behind them 

into the bill. 

So what is wrong with the amendments? Well, the amendments 

fall into three categories. Several aim to increase spending in this 

bill. While I am sympathetic to the need to spend more in this program, we have a fiscal crisis, and both sound policy and sound politics dictate that we not make the program more expensive, particularly here and now. Hopefully, we will be able to spend more on 

green chemistry in later years. 

The second category of amendment aims to elaborate on activities already explicitly or implicitly permitted in the bill. We don’t 

want to weigh down the bill with very prescriptive program language, but we are willing to go somewhat farther than the introduced bill does in describing what kinds of activities might be funded through the Green Chemistry Program. I hope we can reach 

some agreement on these amendments. 

The third category of amendment is the most problematic. These 

amendments would change the nature of this bill from one focused 

on R&D, and that is where I think we need the focus, to one that 

is more regulatory in nature. This bill’s purpose is straightforward 

and non-controversial. We are trying to create an R&D program 

that will generate new ideas. If we add regulatory or procurement 

provisions, this bill will become controversial and will be referred 

to other committees, and we will have nothing to show for our efforts. I am sympathetic to some of these ideas, but this bill is not 

the proper vehicle to carry them forward. 

If prompted by this bill, Members are now interested in taking 

other actions related to green chemistry, and I hope they will be, 

then they should introduce their own bills and we can decide how 

to proceed on them. But we shouldn’t be turning an R&D bill into 

a complex and controversial procurement and regulatory measure. 

That is contrary to our original basic purpose, to focus on research 

and development. So I hope we can have a collegial and productive 

21

markup today. I don’t think there is any controversy on the underlying bills. I am pleased that the Members want to expand these 

bills further, but we can’t expand so much that they won’t fit into 

the House schedule. And when all is said and done, we have got 

to be more than just a debating society for ideas. We have got to 

be a Committee that generates good ideas that earn the support of 

our colleagues that get passed by the House, get passed by the Senate, and get signed into law by the President. I now recognize Mr. Gordon for his opening statement. 

[The prepared statement of Chairman Boehlert follows:]

PREPARED STATEMENT OF CHAIRMAN SHERWOOD BOEHLERT

MARCH 31, 2004

I want to welcome everyone here for our markup this morning. As usual, we are moving forward with bills that are bipartisan and moderate—bills that will help 

make a difference in people’s lives in very real ways. I’m especially pleased that two 

of the bills were introduced by freshman Members—Dr. Gingrey and Mr. 

Neugebauer. We hope that all of these bills will be able to move through the House 

before the May recess, although the wind bill must go to another committee. As is our practice, I’m going to talk about the bills now and let the sponsors de- scribe them in greater detail when we get to the markup of each bill. I want to congratulate Mr. Neugebauer and Mr. Moore for coming up with an af- fordable, targeted version of this wind bill. Windstorms cause much avoidable loss 

of life and property. We need a program for wind, like the one we have for earthquakes, that targets federal R&D resources toward developing ways for buildings to 

better withstand windstorms. That’s exactly what this bill will create. I want to congratulate Chairman Smith and Ms. Johnson on their bill to create an award for businesses that help our nation’s schools. This is clearly an activity 

we want to see increase, and this award will provide an additional incentive. The 

bill is inspired in part by the very successful Baldrige Award program that this committee created. 

I want to take most of my time this morning to talk about Dr. Gingrey’s green chemistry bill because that’s what this morning’s debates will center on. First let me say that this bill is exactly the kind of thing this Committee should be doing—making sure that federal R&D programs give enough attention to important research that could advance national needs. The Federal Government has long 

had a smattering of green chemistry programs and even a Presidential award, but 

we’ve lacked a sustained, focused and priority effort in this important area. This bill 

is designed to change that. The bill has attracted a surprisingly large number of amendments. I take that as a sign that we have hit on an important issue—one that has been previously neglected. So the amendments, in that sense, are a good sign. Unfortunately, we are going to have to oppose these amendments in their current form, even though I always try to be open to others’ ideas and to look for grounds 

for compromise. We may yet reach some compromises this morning, and we will be 

offering substitutes for some amendments so that we can get at least some of the 

ideas behind them into the bill. 

So what’s wrong with the amendments? Well, the amendments fall into three cat- egories. Several aim to increase the spending in this bill. While I’m sympathetic to 

the need to spend more on this program, we have a fiscal crisis, and both sound 

policy and sound politics dictate that we not make the program more expensive. 

Hopefully, we will be able to spend more on green chemistry in later years. 

The second category of amendment aims to elaborate on activities already explicitly or implicitly permitted in the bill. 

We don’t want to weigh the bill down with very prescriptive program language, 

but we are willing to go somewhat farther than the introduced bill does in describing what kinds of activities might be funded through the green chemistry program. 

I hope we can reach agreement on these amendments. 

The third category of amendment is the most problematic; these amendments 

would change the nature of this bill from one focused on R&D to one that is more 

regulatory in nature. This bill’s purpose is straight-forward and non-controversial; 

we’re trying to create an R&D program that will generate new ideas. 

If we add regulatory or procurement provisions, this bill will become controversial 

and will be referred to other committees, and we will have nothing to show for our 

22

efforts. I’m sympathetic to some of these ideas, but this bill is not the proper vehicle 

for them. 

If, prompted by this bill, Members are now interested in taking other actions related to green chemistry, then they should introduce their own bills and we can decide how to proceed on them. But we shouldn’t be turning an R&D bill into a complex and controversial procurement and regulatory measure. If this bill doesn’t pass, 

there will be fewer green chemistry ideas to get companies and the government to 

implement. 

So I hope we can have a collegial and productive markup today. I don’t think 

there is any controversy on the underlying bills. I’m pleased that Members want to 

expand these bills further, but we can’t expand so much that they won’t fit into the 

House schedule. 

Mr. Gordon.

Mr. GORDON. Thank you, Mr. Chairman. We on the Democratic 

side are pleased that you have moved forward with these three 

bills for consideration today. The National Windstorm Impact Reduction Act of 2004 is patterned after legislation written by Congressman Dennis Moore, the bill’s chief sponsor. We all owe a debt 

of gratitude to Congressman Moore for identifying the need for a 

multi-agency Wind Hazard Reduction Program five and a half 

years ago. He worked to reach consensus among the agencies on 

the scope of such legislation. He founded the Wind Caucus to promote the program, and he worked with the private sector and the 

university community to make sure that the needs of those will 

carry out the work reflected in the bill’s context or text. 

Time is of the essence on this bill. Many of our districts have 

been impacted by major windstorms since Mr. Moore began this effort, and we are pleased that all of the major elements of the 

Moore—the log bill can be found in the new Neugebauer-Moore bill. 

Congressman Moore will go into greater detail on this point later 

in the markup. It is regrettable though that the proposed funding 

for the program had to be reduced so dramatically to perhaps a 

quarter of what we are spending on the problem of earthquake research. But the bill is still a positive start. 

In contrast, the Green Chemistry Research and Development Act 

of 2004 has not had such a lengthy period of maturation. It was 

introduced just 15 years ago—I mean 15 days ago, excuse me, and 

was the subject of a single hearing the following day. Our issue 

today is more than with what is not—is more what is not in the 

bill than what is in the bill. In other words, the bill is okay as a 

start, but it is not—does not go far enough to promote the adoption 

of green chemistry. Several Democratic members on the Committee 

will offer amendments today in an effort to expand the impact and 

importance of the underlying legislation. Nearly all of these amendments are based on testimony given at our hearing by witnesses 

earlier this month. We hope the Chairman will be able to support 

many of these amendments, which we will offer in a constructive 

spirit. 

The final bill today, H.R. 4030, is non-controversial. Congressman Smith has worked closely with Congresswoman Johnson in 

perfecting the bill. We all agree with the purpose of honoring private-sector organizations that make outstanding contributions to 

strengthening science, mathematics, technology engineering education in our schools. 

Chairman BOEHLERT. Without objection, all Members may place 

opening statements in the record at this point. 

23

[The prepared statement of Mr. Davis follows:]

PREPARED STATEMENT OF REPRESENTATIVE LINCOLN DAVIS

I would like to start by thanking the Chair and Ranking Member for the opportunity to speak at today’s markup. 

There is bipartisan support among Members of the Science Committee for efforts 

to encourage green chemistry, or the development of materials and processes that 

are not harmful to people or the environment. Research and building construction 

at the Oak Ridge National Laboratory (ORNL) are shining examples of the good 

things that happen when green chemistry approaches are put into practice. 

ORNL continues to contribute to a range of scientific and technological needs in 

green chemistry. New chemical approaches that use benign carbon dioxide (CO2) instead of noxious industrial solvents have been deployed commercially in new, safer 

dry cleaning technologies. Researchers have also worked to develop methods that result in decreased use of materials that are harmful to the environment. 

Even Oak Ridge buildings are getting ‘‘green.’’ The environmentally friendly design off a new 370,000 square foot complex has netted ORNL a 2003 Excellence in 

Construction award from a major contractors association. Developing methods and 

products that are good for the environment is important. In the long run, it will 

save us untold sums in energy saved and damage deterred. I am proud that Oak 

Ridge is leading the way in green chemistry efforts and would encourage others to 

follow its example. 

I thank our distinguished Chair and Ranking Member for the opportunity to 

speak this morning and yield back to the Chair.

[The prepared statement of Ms. Jackson Lee follows:]

PREPARED STATEMENT OF REPRESENTATIVE SHEILA JACKSON LEE

Mr. Chairman,

I rise in support of H.R. 3980, the National Windstorm Impact Reduction Act. I 

commend my colleague from Texas and Congressman Moore from Kansas for their 

leadership on this pressing issue. This bill could mean so much to the American people, especially to my constituents in Texas where hurricanes and tropical storms are 

such a constant threat. Houston is still recovering from Tropical Storm Allison that 

hit on June 5, 2001. All told, Allison cost Harris County 22 lives, 95,000 cars and 

trucks, 73,000 homes, and $5 billion in property damage. That is an almost devastating blow to any community. 

It is truly a testament to the awesome power of nature. Of course, we cannot fully 

harness that power. However, if we can use good science and planning to reduce 

the impact of such storms by even ten percent, it would be a tremendous service. 

Much of the damage of Allison and other hurricanes comes from windstorm damage, 

tearing off roofs, blowing out windows, and causing debris-related injuries and destruction. Across the Midwest, similar windstorm damage wreaks havoc during tornadoes. 

This bill is in the excellent tradition of this committee encouraging the use of good 

scientific research, coordinating the various resources available in the Federal Government to have a meaningful impact on the lives and well-being of the American 

people. 

I feel that this bill can serve an important purpose. That is why I am concerned 

about a technical flaw in the bill. In the ‘‘Authorization of Appropriations’’ the bill 

states that projects will be funded by ‘‘sums otherwise authorized to be appropriated’’ to FEMA, NSF, NIST, and NOAA. The problem is that of those, only NSF 

has actually been authorized. So, this bill is calling for the appropriation of unauthorized funds. 

Unless we plan to re-authorize FEMA, NIST, and NOAA by the end of this fiscal 

year, it seems prudent that we at least authorize the appropriation of funds for 

these windstorm damage reduction programs that I think all of us agree are of critical importance for the safety of the American people. 

Thank you.

Mr. SMITH OF MICHIGAN. Mr. Chairman, may I make a short 

comment? 

Chairman BOEHLERT. You certainly may, Chairman Smith. 

Mr. SMITH OF MICHIGAN. All of us here, in this committee especially, have been looking at how we improve math and science eduVerDate jul 14 2003 07:00 Jun 29, 2004 Jkt 029006 PO 00000 Frm 00023 Fmt 6601 Sfmt 6601 E:\HR\OC\HR575P1.XXX HR575P1
24

cation, and maybe this is a small encouragement to have private 

sectors more involved—in the private sector in—by way of nonprofit organizations, by the way of business and industry to do 

something that is going to be in their long-term advantage, as well 

as the advantage of the United States to improve and increase the 

education in math and science and the number of students that are 

interested and can perform well. 

This particular bill has no cost, but can be a stimulant to hopefully have more companies participate in working with schools and 

communities working with schools. And so I hope we can approve 

the amendment of the Chairman that allows us to do a technical 

change on alternating years for reports from the National Science 

Foundation. 

Chairman BOEHLERT. Thank you very much for the intervention. 

Now here is what I would like to do, with the indulgence of all my 

colleagues. We have three bills before us, two of them I think there 

is almost unanimous agreement on. Let us dispense with them immediately, and then focus our time and attention on the Green 

Chemistry Bill, which has us all interested, and we are coming 

from different perspectives. Is that—do I see from a nod of the 

heads that that is a good plan? Let us go. All right. 

We will now consider the Bill H.R. 3980, the National Windstorm 

Impact Reduction Act of 2004. I now yield five minutes to Mr. 

Neugebauer to introduce his bill. 

[See Appendix for the amendment roster.] 

Mr. NEUGEBAUER. Thank you, Mr. Chairman. The National 

Weather Service estimates that between 1995 and 2002, hurricanes, tornadoes and thunderstorm winds caused an average of 

$4.5 billion in damage every year. Texas alone averages 124 tornadoes a year, which is more than double the average of any other 

state. Even as we build on our other current weather prediction 

successes and create new resources to predict windstorms at a 

greater rate, the United States continues to sustain several billion 

dollars each year in property and economic losses due to windstorms, and the human costs are all too painful. 

That is why Mr. Moore and I have introduced the National 

Windstorm Impact Reduction Act of 2004. This legislation directs 

the Office of Science and Technology Policy to establish an interagency working group to plan, manage and coordinate program activities to improve the understandings of windstorms and their impacts. The program establishes an interagency working group that 

will include representatives of NSF, FEMA, NIST, NOAA and all 

other—all charged with the task of improving the understanding of 

windstorms, windstorm impact assessment and windstorm impact 

reduction. 

I would like to thank the Chairman for giving me the opportunity to introduce this important legislation and for bringing it before the Committee today, and I yield back the balance of my time, 

Mr. Chairman. 

Chairman BOEHLERT. Thank you so much, Mr. Neugebauer, and 

thank you for your leadership in this instance. I now recognize Mr. 

Gordon. 

Mr. GORDON. Mr. Chairman, I yield to Mr. Moore from Kansas. 

25

Mr. MOORE. Thank you, Mr. Chairman, and thank you, Mr. Gordon. 

I would like to thank you, Mr. Chairman, for following through 

on your promise to mark up legislation on windstorms in the 108th 

Congress, and I would also like to thank Congressman Neugebauer 

for his leadership on this important legislation and working closely 

with me on this. I also want to thank Jim Turner of the House 

Science Committee Staff and Brian Pallasch of the American Society of Civil Engineers for working on this issue over the course of 

the past five years. I know you are all probably tired of hearing 

this discussed, especially in the Subcommittee, but hopefully this 

will be the last time you will hear it before we are on the House 

Floor. 

Almost six years ago, my hometown of Wichita was hit by an F–

4 tornado, which plowed through the suburb of Haysville, killing 

six, injuring 150 people and causing over $140 million in damage. 

The devastation of this attack motivated me to try to do something. 

I put together a bill modeled after NEHRP, the successful earthquake research program, which began over 30 years ago. Our goal 

is to mitigate loss of life and property damage due to wind and related hazards. 

I reviewed comments from the American Society of Civil Engineers, the American Association of Home Builders, the insurance 

industry, meteorologists, emergency managers, academia, industry, 

and the Manufactured Housing Association to try to fine-tune this 

legislation. On May 4 of last year, almost four years to the day 

after the deadly 1999 Kansas and Oklahoma tornados, tornadoes 

touched down in metropolitan Kansas City and the surrounding 

suburbs, as well as in many of my Science Committee colleagues’ 

districts, destroying property, killing innocent persons and injuring 

our constituents. 

When tornadoes hit, it is not a Republican or Democrat issue. It 

is a human issue and it is a human tragedy. These windstorms destroy lives. We have all seen it in our districts and I know many 

of my colleagues have seen this around their own districts, as well. 

I want to again thank Mr. Neugebauer, Congressman 

Neugebauer, for introducing this important legislation with me, 

and thank you, Mr. Chairman, for marking it up. Last year when 

Congressman Mario Diaz-Balart and I introduced the Wind Hazard 

Reduction Bill, H.R. 2020, we had a total of 65 bipartisan co-sponsors. I hope that the Chair will allow time for Members to come 

on board, too, as co-sponsors of this bill before filing the Committee 

report. And finally, I would like to thank Jana Denning of my staff 

for her excellent work with all of you in getting this bill to where 

it is right now. 

Thank you, Mr. Chairman. I yield back the balance of my time. 

[The prepared statement of Mr. Moore follows:]

PREPARED STATEMENT OF REPRESENTATIVE DENNIS MOORE

I would like to thank Chairman Boehlert for following through on his promise to 

markup legislation on wind storms in the 108th Congress; I would also like to thank 

Congressman Neugebauer for working with me on this important legislation. 

I would also like to thank Jim Turner of the House Science Committee staff and 

Brian Pallasch of the American Society of Civil Engineers for working on this issue 

tirelessly over the course of the past five years. 

26

I know you are all probably tired of hearing me talk about this issue, but hopefully you will only have to hear it one more time, on the Floor of the House. Almost 

six years ago, my hometown of Wichita, Kansas, was hit by a F–4 tornado which 

plowed through the suburb of Haysville, killing six, injuring 150, and causing over 

140 million dollars in damage. The devastation of this attack motivated me to try 

to do something. 

I put together a bill modeled after NEHRP the successful earthquake research 

program begun over 30 years ago. My goal is to mitigate loss of life and property 

due to wind and related hazards. 

I reviewed comments from the American Society of Civil Engineers, the American 

Association of Home Builders, the insurance industry, meteorologists, emergency 

managers, academia, industry, and the manufactured housing associations to finetune the legislation. 

On May 4, 2003, almost four years to the day after the deadly 1999 Kansas and 

Oklahoma tornadoes, tornadoes touched down in metro Kansas City and the surrounding suburbs as well as in many of my Science Committee colleagues’ districts, 

destroying property, killing and injuring our constituents. 

These tornadoes did not check with Congress to see if they were hitting Republican or Democratic districts, they are truly an equal opportunity destroyer. This is 

not a Republican or a Democratic issue it is a human issue, it is a human tragedy. 

These windstorms destroy lives; I have seen it in my own district and know many 

of my colleagues have seen it in theirs. 

Thank you again Congressman Neugebauer for introducing this important legislation and thank you Chairman for marking it up. Last year, when Congressman 

Mario Diaz-Balart and I introduced The Wind Hazard Reduction bill (H.R. 2020), 

we had a total of 65 bipartisan co-sponsors. I hope that the Chair will allow time 

for Members to come on board as co-sponsors to this bill before filing the Committee 

Report. 

I yield the balance of my time.

Chairman BOEHLERT. Mr. Moore, thank you for your leadership 

also and thank you for your partnership with Mr. Neugebauer, and 

the two of you have produced, I think, a very good product, and 

shortly we hope to dispense with it and get it moving. Thank you 

so much. 

I ask unanimous consent that this bill is considered as read and 

open to amendment at any point, and that the Members proceed 

with the amendments in the order of the roster. Without objection, 

so ordered. 

[See Appendix for H.R. 3980.] 

Chairman BOEHLERT. The first amendment on the roster is an en 

bloc amendment offered by the Chair. I have an amendment at the 

desk. The Clerk shall report the amendment. 

The CLERK. Amendments to H.R. 3980, offered by Mr. Boehlert. 

Chairman BOEHLERT. Okay. I ask unanimous consent to dispense 

with the reading. Without objection, so ordered. 

I yield myself such time as is necessary to discuss the amendment. 

This is a very short and simple en bloc amendment that makes 

three basic changes to the underlying bill. First, there are a few 

small technical corrections. That always happens. Second, there are 

a few minor changes to the specific program components to better 

reflect agency activities within the program, such as language 

clarifying that FEMA shall be responsible for supporting the development of the risk assessment tools and effective mitigation techniques. And third, language to address the aforementioned situation at NSF with regard to staggering reporting deadlines. 

The provision is identical to that which was in the Green Chemistry Legislation and has, as with other changes, been worked out 

on both sides of the aisle. In other words, Mr. Moore, Mr. 

27

Neugebauer, Mr. Gordon and I, we all agree. I urge all Members 

to support the amendment. 

If there is no further discussion on the amendment, the vote occurs on the amendment. All in favor, say aye. Opposed, nay. The 

ayes have it, and the amendment is agreed to. 

Are there any other amendments? Hearing none, the question is 

now on the bill H.R. 3980, the National Windstorm Impact Reduction Act of 2004, as amended. All in favor, say aye. All those opposed will say no. In the opinion of the Chair, the ayes have it. 

I now recognize Mr. Gordon for a motion. 

Mr. GORDON. Mr. Chairman, I move that the Committee favorably report H.R. 3980, as amended, to the House with the recommendation that the bill as amended do pass. Furthermore, I 

move that the staff be instructed to prepare the legislative report 

and make necessary technical and conforming changes, and that 

the Chairman take all necessary steps to bring the bill before the 

House for consideration. 

Chairman BOEHLERT. The question is on the motion to report the 

bill favorably. Those in favor of the motion will signify by saying 

aye. Opposed, no. The ayes appear to have it, and the resolution 

is favorably reported. Without objection, the motion to reconsider 

is laid upon the table. 

I move that Members have two subsequent calendar days in 

which to submit supplemental minority or additional views on the 

measure. I move pursuant to Clause 1 of Rule 22 of the Rules of 

the House of Representatives that the Committee authorize the 

Chairman to offer such motions as may be necessary in the House 

to adopt and pass H.R. 3980, as amended, and to go to conference 

with the Senate on H.R. 3980 or a similar bill. Without objection, 

so ordered. 

Chairman BOEHLERT. The Committee is recessed until 10:00 tomorrow morning. 

[Whereupon, at 12:00 p.m., the Committee recessed, to reconvene 

at 10:00 a.m. Thursday, April 1, 2004.] 

(29)

Appendix: 

AMENDMENT ROSTER, H.R. 3980, SECTION-BY-SECTION ANALYSIS

30


3980a.eps
31


3980b.eps
32


3980c.eps
33


3980d.eps
34


3980e.eps
35


3980f.eps
36


3980g.eps
37


3980h.eps
38


3980i.eps
39


3980j.eps
40


3980k.eps
41


3980l.eps
42


3980m.eps
43


3980n.eps
44


3980o.eps
45

SECTION-BY-SECTION OF H.R. 3980,

NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM (NWIRP) ACT OF 2004

Sec. 1. Short Title.

‘‘National Windstorm Impact Reduction Act of 2004’’

Sec. 2. Findings.

The Congress finds that: (1) All states and regions are vulnerable to windstorms. 

(2) The United States sustains several billion dollars in economic damages each year 

due to windstorms, and these vulnerabilities are increasing. (3) Improved windstorm 

impact reduction measures have the potential to reduce these losses. (4) There is 

an appropriate role for the Federal Government in mitigating windstorm impacts, 

and significant coordination and cooperation is required for any program to be effective.

Sec. 3. Definitions.

Defined terms used in the text.

Sec. 4. National Windstorm Impact Reduction Program.

(a) Establishment—Establishes the National Windstorm Impact Reduction Program.

(b) Objective—Achievement of major measurable reductions in losses of life and 

property from windstorms through a coordinated federal effort, in cooperation with 

other public and private entities, to improve understanding of windstorm impacts 

and develop and encourage implementation of mitigation measures to reduce those 

impacts.

(c) Interagency Working Group—Directs the Director of the Office of Science and 

Technology Policy to establish an Interagency Working Group on Windstorm Impact 

Reduction, consisting of representatives from NSF, NOAA, NIST, FEMA, and other 

federal agencies as appropriate. Also Directs the Director to designate an agency to 

chair the Working Group and to be responsible for managing the program. Specific 

agency roles and responsibilities shall be defined in the implementation plan in subsection (e).

General responsibilities—

(1) NIST—support R&D to improve building codes, standards and practices for 

buildings, structures, and lifelines;

(2) NSF—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) NOAA—support atmospheric sciences research to improve the understanding of 

the behavior of windstorms and their impact on buildings, structures, and lifelines;

(4) FEMA—support windstorm-related data collection and analysis, public outreach, 

and information dissemination.

(d) Program Components—

(1) Establishes three primary components for the Program: improved understanding 

of windstorms, windstorm impact assessment, and windstorm impact reduction. 

Requires the components to include activities such as data collection and analysis, outreach, tech transfer, and R&D. Requires that, to the extent practicable, 

research shall be peer-reviewed and the components shall be designed avoid duplication of other hazard reduction efforts.

(2) Understanding of windstorms- research to improve understanding of and data 

collection on the impact of severe winds on buildings, structures, and infrastructure.

(3) Windstorm impact assessment—(A) development of mechanisms for collecting 

and inventorying information on structural performance in windstorms and collection of information from sources including the design and construction industry, insurance companies, and building officials; (B) R&D to improve loss estimation and risk assessment systems; and (C) R&D to be improve simulation and 

computational modeling of windstorm impacts.

(4) Windstorm impact reduction—(A) development of cost-effective windstorm-resistant systems, structures, and materials for use in new construction and retrofitting; (B) development of improved outreach and implementation mechanisms 

46

to translate existing information and research findings into cost-effective practices for design and construction professionals, and state and local officials; (C) 

outreach to increase public awareness about windstorm hazard vulnerability.

(e) Implementation Plan—Requires the Interagency Working Group to develop a 

plan for achieving the objectives of the Program not later than 12 months after the 

date of enactment. The Implementation Plan shall include—

(1) an assessment of past and current public and private efforts to reduce windstorm impacts;

(2) a statement of strategic goals for each component area;

(3) a description of how the program will achieve its goals, including detailed responsibilities for each agency; and

(4) a description of plans for public and private cooperation and coordination.

(f) Biennial Report—The Interagency Working Group shall submit a biennial report 

to Congress providing an assessment of the status of the Program, including recommendations for changes.

Sec. 5. National Advisory Committee on Windstorm Impact Reduction.

(a) Establishment—Establishes a National Advisory Committee to review progress 

made under the Program, advise on improvements, and report to Congress on actions taken to limit vulnerability to windstorms. Requires that the Advisory Committee include between 11 and 15 members to be appointed by the Director, one of 

whom shall be designated as chair. Requires that members include representatives 

of a broad cross-section of interests. Federal agencies may not be members of the 

Advisory Committee.

(b) Assessment—Requires the Advisory Committee to assess the effectiveness of the 

Program.

(c) Biennial Report—Requires the Advisory Committee to provide, on a biennial 

basis, a summary report of the assessment to Congress and the Interagency Working Group.

(d) Sunset Exemption—Exempts the Advisory Committee from Section 14 of the 

Federal Advisory Committee Act (sunset requirement).

Sec. 6. Savings Clause.

States that nothing in the Act supersedes any provision of the National Manufactured Housing Construction and Safety Standards Act of 1974.

Sec. 7. Authorization of Appropriations.

(a) FEMA: From sums otherwise authorized to be appropriated, $8, 8.7, and 9.4 million from 2005–2007, respectively.

(b) NSF: From sums otherwise authorized to be appropriated, $8, 8.7, and 9.4 million from 2005–2007, respectively.

(c) NIST: From sums otherwise authorized to be appropriated, $2, 3, and 4 million 

from 2005–2007, respectively.

(d) NOAA: From sums otherwise authorized to be appropriated, $2, 2.1, and 2.2 million from 2005–2007, respectively.

fi