In the Senate of the United States,

October 6, 2004.

Resolved, That the bill from the House of Representatives (H.R. 2608) entitled ‘‘An Act to reauthorize the National Earthquake Hazards Reduction Program, and for

other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:
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1 SECTION 1. TABLE OF CONTENTS.

2 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.

3 TITLE I—EARTHQUAKE HAZARD

4 REDUCTION

5 SEC. 101. SHORT TITLE.

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

7 Hazards Reduction Program Reauthorization Act of 2004’’.

8 SEC. 102. DEFINITIONS.

9 Section 4 of the Earthquake Hazards Reduction Act

10 of 1977 (42 U.S.C. 7701 et seq.) is amended by adding at

11 the end the following new paragraphs:

12 ‘‘(8) The term ‘Interagency Coordinating Com13 mittee’ means the Interagency Coordinating Com14 mittee on Earthquake Hazards Reduction established

15 under section 5(a).
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1 ‘‘(9) The term ‘Advisory Committee’ means the

2 Advisory Committee established under section

3 5(a)(5).’’.

4 SEC. 103. NATIONAL EARTHQUAKE HAZARDS REDUCTION

5 PROGRAM.

6 Section 5 of the Earthquake Hazards Reduction Act

7 of 1977 (42 U.S.C. 7704(b)) is amended—

8 (1) by amending subsection (a) to read as fol9 lows:

10 ‘‘(a) ESTABLISHMENT.—

11 ‘‘(1) IN GENERAL.—There is established the Na12 tional Earthquake Hazards Reduction Program.

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

14 Program shall be designed to—

15 ‘‘(A) develop effective measures for earth16 quake hazards reduction;

17 ‘‘(B) promote the adoption of earthquake

18 hazards reduction measures by Federal, State,

19 and local governments, national standards and

20 model code organizations, architects and engi21 neers, building owners, and others with a role in

22 planning and constructing buildings, structures,

23 and lifelines through—

24 ‘‘(i) grants, contracts, cooperative

25 agreements, and technical assistance;
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1 ‘‘(ii) development of standards, guide2 lines, and voluntary consensus codes for

3 earthquake hazards reduction for buildings,

4 structures, and lifelines;

5 ‘‘(iii) development and maintenance of

6 a repository of information, including tech7 nical data, on seismic risk and hazards re8 duction; and

9 ‘‘(C) improve the understanding of earth10 quakes and their effects on communities, build11 ings, structures, and lifelines, through inter12 disciplinary research that involves engineering,

13 natural sciences, and social, economic, and deci14 sions sciences; and

15 ‘‘(D) develop, operate, and maintain an Ad16 vanced National Seismic Research and Moni17 toring System established under section 13 of the

18 Earthquake Hazards Reduction Act of 1977 (42

19 U.S.C. 7707), the George E. Brown, Jr. Network

20 for Earthquake Engineering Simulation estab21 lished under section 14 of that Act (42 U.S.C.

22 7708), and the Global Seismographic Network.

23 ‘‘(3) INTERAGENCY COORDINATING COMMITTEE

24 ON EARTHQUAKE HAZARDS REDUCTION.—
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1 ‘‘(A) IN GENERAL.—There is established an

2 Interagency Coordinating Committee on Earth3 quake Hazards Reduction chaired by the Direc4 tor of the National Institute of Standards and

5 Technology (referred to in this subsection as the

6 ‘Director’).

7 ‘‘(B) MEMBERSHIP.—The committee shall

8 be composed of the directors of—

9 ‘‘(i) the Federal Emergency Manage10 ment Agency;

11 ‘‘(ii) the United States Geological Sur12 vey;

13 ‘‘(iii) the National Science Founda14 tion;

15 ‘‘(iv) the Office of Science and Tech16 nology Policy; and

17 ‘‘(v) the Office of Management and

18 Budget.

19 ‘‘(C) MEETINGS.—The Committee shall

20 meet not less than 3 times a year at the call of

21 the Director.

22 ‘‘(D) PURPOSE AND DUTIES.—The Inter23 agency Coordinating Committee shall oversee the

24 planning, management, and coordination of the
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1 Program. The Interagency Coordinating Com2 mittee shall—

3 ‘‘(i) develop, not later than 6 months

4 after the date of enactment of the National

5 Earthquake Hazards Reduction Program

6 Reauthorization Act of 2004 and update

7 periodically—

8 ‘‘(I) a strategic plan that estab9 lishes goals and priorities for the Pro10 gram activities described under sub11 section (a)(2); and

12 ‘‘(II) a detailed management plan

13 to implement such strategic plan; and

14 ‘‘(ii) develop a coordinated interagency

15 budget for the Program that will ensure ap16 propriate balance among the Program ac17 tivities described under subsection (a)(2),

18 and, in accordance with the plans developed

19 under clause (i), submit such budget to the

20 Director of the Office of Management and

21 Budget at the time designated by that office

22 for agencies to submit annual budgets.

23 ‘‘(4) ANNUALREPORT.—The Interagency Coordi24 nating Committee shall transmit, at the time of the

25 President’s budget request to Congress, an annual re-
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1 port to the Committee on Science and the Committee

2 on Resources of the House of Representatives, and the

3 Committee on Commerce, Science, and Transpor4 tation of the Senate. Such report shall include—

5 ‘‘(A) the Program budget for the current fis6 cal year for each agency that participates in the

7 Program, and for each major goal established for

8 the Program activities under subparagraph

9 (3)(A);

10 ‘‘(B) the proposed Program budget for the

11 next fiscal year for each agency that participates

12 in the Program, and for each major goal estab13 lished for the Program activities under subpara14 graph (3)(A);

15 ‘‘(C) a description of the activities and re16 sults of the Program during the previous year,

17 including an assessment of the effectiveness of the

18 Program in furthering the goals established in

19 the strategic plan under (3)(A);

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

21 Program has incorporated the recommendations

22 of the Advisory Committee;

23 ‘‘(E) a description of activities, including

24 budgets for the current fiscal year and proposed

25 budgets for the next fiscal year, that are carried
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1 out by Program agencies and contribute to the

2 Program, but are not included in the Program;

3 and

4 ‘‘(F) a description of the activities, includ5 ing budgets for the current fiscal year and pro6 posed budgets for the following fiscal year, re7 lated to the grant program carried out under

8 subsection (b)(2)(A)(i).

9 ‘‘(5) ADVISORY COMMITTEE.—

10 ‘‘(A) IN GENERAL.—The Director shall es11 tablish an Advisory Committee on Earthquake

12 Hazards Reduction of at least 11 members, none

13 of whom may be an employee (as defined in sub14 paragraphs (A) through (F) of section 7342(a)(1)

15 of title 5, United States Code, including rep16 resentatives of research and academic institu17 tions, industry standards development organiza18 tions, State and local government, and financial

19 communities who are qualified to provide advice

20 on earthquake hazards reduction and represent

21 all related scientific, architectural, and engineer22 ing disciplines. The recommendations of the Ad23 visory Committee shall be considered by Federal

24 agencies in implementing the Program.
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1 ‘‘(B) ASSESSMENT.—The Advisory Com2 mittee shall assess—

3 ‘‘(i) trends and developments in the

4 science and engineering of earthquake haz5 ards reduction;

6 ‘‘(ii) effectiveness of the Program in

7 carrying out the activities under (a)(2);

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

9 and

10 ‘‘(iv) the management, coordination,

11 implementation, and activities of the Pro12 gram.

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

14 the date of enactment of the National Earthquake

15 Hazards Reduction Program Reauthorization

16 Act of 2004 and at least once every 2 years

17 thereafter, the Advisory Committee shall report

18 to the Director on its findings of the assessment

19 carried out under subparagraph (B) and its rec20 ommendations for ways to improve the Program.

21 In developing recommendations, the Committee

22 shall consider the recommendations of the United

23 States Geological Survey Scientific Earthquake

24 Studies Advisory Committee.
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1 ‘‘(D) FEDERALADVISORY COMMITTEE ACT

2 APPLICATION.—Section 14 of the Federal Advi3 sory Committee Act (5 App. U.S.C. 14) shall not

4 apply to the Advisory Committee.’’;

5 (2) in subsection (b)—

6 (A) in paragraph (1)—

7 (i) by striking ‘‘Federal Emergency

8 Management Agency’’ and all that follows

9 through ‘‘of the Agency’’ and inserting ‘‘Na10 tional Institute of Standards and Tech11 nology shall have the primary responsibility

12 for planning and coordinating the Program.

13 In carrying out this paragraph, the Direc14 tor of the Institute’’;

15 (ii) by striking subparagraphs (B) and

16 (C) and redesignating subparagraphs (D)

17 and (E) as subparagraphs (C) and (D), re18 spectively;

19 (iii) by inserting after subparagraph

20 (A) the following:

21 ‘‘(B) support the development of perform22 ance-based seismic engineering tools, and work

23 with appropriate groups to promote the commer24 cial application of such tools, through earth-
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1 quake-related building codes, standards, and con2 struction practices;’’;

3 (iv) by striking ‘‘The principal official

4 carrying out the responsibilities described

5 in this paragraph shall be at a level no

6 lower than that of Associate Director.’’; and

7 (v) in subparagraph (D), as redesig8 nated by clause (ii), by striking ‘‘National

9 Science Foundation, the National Institutes

10 of Standards and Technology’’ and insert11 ing ‘‘Federal Emergency Management Agen12 cy, the National Science Foundation’’;

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

14 precedes subparagraph (B) and inserting the fol15 lowing:

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

17 EMERGENCY MANAGEMENT AGENCY.—

18 ‘‘(A) PROGRAM RESPONSIBILITIES.—The Under

19 Secretary of Homeland Security for Emergency Pre20 paredness and Response (the Director of the Federal

21 Emergency Management Agency)—

22 ‘‘(i) shall work closely with national stand23 ards and model building code organizations, in

24 conjunction with the National Institute of
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1 Standards and Technology, to promote the im2 plementation of research results;

3 ‘‘(ii) shall promote better building practices

4 within the building design and construction in5 dustry including architects, engineers, contrac6 tors, builders, and inspectors;

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

8 assistance to enable States to develop mitigation,

9 preparedness, and response plans, prepare inven10 tories and conduct seismic safety inspections of

11 critical structures and lifelines, update building

12 and zoning codes and ordinances to enhance seis13 mic safety, increase earthquake awareness and

14 education, and encourage the development of

15 multi-State groups for such purposes;

16 ‘‘(iv) shall support the implementation of a

17 comprehensive earthquake education and public

18 awareness program, including development of

19 materials and their wide dissemination to all

20 appropriate audiences and support public access

21 to locality-specific information that may assist

22 the public in preparing for, mitigating against,

23 responding to and recovering from earthquakes

24 and related disasters;
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1 ‘‘(v) shall assist the National Institute of

2 Standards and Technology, other Federal agen3 cies, and private sector groups, in the prepara4 tion, maintenance, and wide dissemination of

5 seismic resistant design guidance and related in6 formation on building codes, standards, and

7 practices for new and existing buildings, struc8 tures, and lifelines, and aid in the development

9 of performance-based design guidelines and

10 methodologies supporting model codes for build11 ings, structures, and lifelines that are cost effec12 tive and affordable;

13 ‘‘(vi) shall develop, coordinate, and execute

14 the National Response Plan when required fol15 lowing an earthquake, and support the develop16 ment of specific State and local plans for each

17 high risk area to ensure the availability of ade18 quate emergency medical resources, search and

19 rescue personnel and equipment, and emergency

20 broadcast capability;

21 ‘‘(vii) shall develop approaches to combine

22 measures for earthquake hazards reduction with

23 measures for reduction of other natural and tech24 nological hazards including performance-based

25 design approaches;
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1 ‘‘(viii) shall provide preparedness, response,

2 and mitigation recommendations to communities

3 after an earthquake prediction has been made

4 under paragraph (3)(D); and

5 ‘‘(ix) may enter into cooperative agreements

6 or contracts with States and local jurisdictions

7 and other Federal agencies to establish dem8 onstration projects on earthquake hazard mitiga9 tion, to link earthquake research and mitigation

10 efforts with emergency management programs, or

11 to prepare educational materials for national

12 distribution.’’;

13 (C) in paragraph (3)—

14 (i) by inserting ‘‘and other activities’’

15 after ‘‘shall conduct research’’;

16 (ii) in subparagraph (C), by striking

17 ‘‘the Agency’’ and inserting ‘‘the Director of

18 the Federal Emergency Management Agency

19 and the Director of the National Institute of

20 Standards and Technology’’;

21 (iii) in subparagraph (D), by striking

22 ‘‘the Director of the Agency’’ and inserting

23 ‘‘the Director of the Federal Emergency

24 Management Agency and the Director of the
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1 National Institute of Standards and Tech2 nology’’;

3 (iv) in subparagraph (E), by striking

4 ‘‘establish, using existing facilities, a Center

5 for the International Exchange of Earth6 quake Information’’ and inserting ‘‘operate,

7 using the National Earthquake Information

8 Center, a forum for the international ex9 change of earthquake information’’;

10 (v) in subparagraph (F), by striking

11 ‘‘Network’’ and inserting ‘‘System’’; and

12 (vi) by inserting after subparagraph

13 (H) the following new subparagraphs:

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

15 coordinate Program activities with similar

16 earthquake hazards reduction efforts in other

17 countries, to ensure that the Program benefits

18 from relevant information and advances in those

19 countries; and

20 ‘‘(J) maintain suitable seismic hazard maps

21 in support of building codes for structures and

22 lifelines, including additional maps needed for

23 performance-based design approaches.’’;

24 (D) in paragraph (4)—
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1 (i) by redesignating subparagraphs

2 (D), (E), and (F) as subparagraphs (E),

3 (F), and (H), respectively;

4 (ii) by inserting after subparagraph

5 (C) the following:

6 ‘‘(D) support research that improves the

7 safety and performance of buildings, structures,

8 and lifeline systems using large-scale experi9 mental and computational facilities of the

10 George E. Brown Jr. Network for Earthquake

11 Engineering Simulation and other institutions

12 engaged in research and the implementation of

13 the National Earthquake Hazards Reduction

14 Program;’’;

15 (iii) in subparagraph (F) (as so redes16 ignated), by striking ‘‘; and’’ and inserting

17 a semicolon; and

18 (iv) by inserting after subparagraph

19 (F) (as so redesignated) the following:

20 ‘‘(G) include to the maximum extent prac21 ticable diverse institutions, including Histori22 cally Black Colleges and Universities and those

23 serving large proportions of Hispanics, Native

24 Americans, Asian-Pacific Americans, and other

25 underrepresented populations; and’’;
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1 (E) in paragraph (5), by striking ‘‘The Na2 tional’’ and inserting ‘‘In addition to the lead

3 agency responsibilities described under para4 graph (1), the National’’; and

5 (F) in paragraph (5)—

6 (i) by striking ‘‘and’’ after the semi7 colon in subparagraph (C);

8 (ii) by redesignating subparagraph (D)

9 as subparagraph (E); and

10 (iii) by inserting after subparagraph

11 (C) the following:

12 ‘‘(D) support the development and commercial

13 application of cost effective and affordable perform14 ance-based seismic engineering by providing technical

15 support for seismic engineering practices and related

16 building code, standards, and practices development;

17 and’’; and

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

19 and inserting ‘‘Interagency Coordinating Committee’’.

20 SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

21 (a) IN GENERAL.—Section 12 of the Earthquake Haz22 ards Reduction Act of 1977 (42 U.S.C. 7706) is amended—

23 (1) by adding at the end of subsection (a) the fol24 lowing:
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1 ‘‘(8) There are authorized to be appropriated to

2 the Federal Emergency Management Agency for car3 rying out this title—

4 ‘‘(A) $21,000,000 for fiscal year 2005,

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

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

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

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

9 of which not less than 10 percent of available pro10 gram funds actually appropriated shall be made

11 available each such fiscal year for supporting the de12 velopment of performance-based, cost-effective, and af13 fordable design guidelines and methodologies in codes

14 for buildings, structures, and lifelines.’’;

15 (2) by inserting ‘‘(1)’’ before ‘‘There’’ in sub16 section (b);

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

18 and inserting ‘‘paragraph’’;

19 (4) by redesignating paragraphs (1) through (5)

20 of subsection (b) as subparagraphs (A) through (E),

21 respectively;

22 (5) by adding at the end of subsection (b) the fol23 lowing:
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1 ‘‘(2) There are authorized to be appropriated to the

2 United States Geological Survey for carrying out this

3 title—

4 ‘‘(A) $77,000,000 for fiscal year 2005, of which

5 not less than $30,000,000 shall be made available for

6 completion of the Advanced National Seismic Re7 search and Monitoring System established under sec8 tion 13;

9 ‘‘(B) $84,410,000 for fiscal year 2006, of which

10 not less than $36,000,000 shall be made available for

11 completion of the Advanced National Seismic Re12 search and Monitoring System established under sec13 tion 13;

14 ‘‘(C) $85,860,000 for fiscal year 2007, of which

15 not less than $36,000,000 shall be made available for

16 completion of the Advanced National Seismic Re17 search and Monitoring System established under sec18 tion 13;

19 ‘‘(D) $87,360,000 for fiscal year 2008, of which

20 not less than $36,000,000 shall be made available for

21 completion of the Advanced National Seismic Re22 search and Monitoring System established under sec23 tion 13; and

24 ‘‘(E) $88,900,000 for fiscal year 2009, of which

25 not less than $36,000,000 shall be made available for
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1 completion of the Advanced National Seismic Re2 search and Monitoring System established under sec3 tion 13.’’;

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

5 (c);

6 (7) by adding at the end of subsection (c) the fol7 lowing:

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

9 National Science Foundation for carrying out this title—

10 ‘‘(A) $38,000,000 for fiscal year 2005;

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

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

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

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

15 (8) by inserting ‘‘(1)’’ before ‘‘To’’ in subsection

16 (d); and

17 (9) by adding at the end of subsection (d) the fol18 lowing:

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

20 National Institute of Standards and Technology for car21 rying out this title—

22 ‘‘(A) $10,000,000 for fiscal year 2005,

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

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

25 ‘‘(D) $13,310,000 for fiscal year 2008, and
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1 ‘‘(E) $14,640,000 for fiscal year 2009,

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

3 year for supporting the development of performance-based,

4 cost-effective, and affordable codes for buildings, structures,

5 and lifelines.’’.

6 (b) SEPARATE AUTHORIZATION FOR THE ADVANCED

7 NATIONAL SEISMIC RESEARCH AND MONITORING SYS8 TEM.—Section 13 of the Earthquake Hazards Reduction

9 Act of 1977 (42 U.S.C. 7707) is amended by striking sub10 section (c).

11 (c) SEPARATE AUTHORIZATION FOR THE NETWORK

12 FOR EARTHQUAKE ENGINEERING SIMULATION.—Section

13 14(b) of the Earthquake Hazards Reduction Act of 1977 (42

14 U.S.C. 7708(b)) is amended—

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

16 paragraph (3);

17 (2) by striking ‘‘2004.’’ in paragraph (4) and in18 serting ‘‘2004;’’;

19 (3) by adding at the end the following:

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

21 which shall be available for operations and mainte22 nance;

23 ‘‘(6) $20,400,000 for fiscal year 2006, all of

24 which shall be available for operations and mainte25 nance;
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1 ‘‘(7) $20,870,000 for fiscal year 2007, all of

2 which shall be available for operations and mainte3 nance;

4 ‘‘(8) $21,390,000 for fiscal year 2008, all of

5 which shall be available for operations and mainte6 nance; and

7 ‘‘(9) $21,930,000 for fiscal year 2009, all of

8 which shall be available for operations and mainte9 nance.’’.

10 TITLE II—WINDSTORM IMPACT

11 REDUCTION

12 SEC. 201. SHORT TITLE.

13 This Act may be cited as the ‘‘National Windstorm Im14 pact Reduction Act of 2004’’.

15 SEC. 202. FINDINGS.

16 The Congress finds the following:

17 (1) Hurricanes, tropical storms, tornadoes, and

18 thunderstorms can cause significant loss of life, in19 jury, destruction of property, and economic and social

20 disruption. All States and regions are vulnerable to

21 these hazards.

22 (2) The United States currently sustains several

23 billion dollars in economic damages each year due to

24 these windstorms. In recent decades, rapid develop-
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1 ment and population growth in high-risk areas has

2 greatly increased overall vulnerability to windstorms.

3 (3) Improved windstorm impact reduction meas4 ures have the potential to reduce these losses

5 through—

6 (A) cost-effective and affordable design and

7 construction methods and practices;

8 (B) effective mitigation programs at the

9 local, State, and national level;

10 (C) improved data collection and analysis

11 and impact prediction methodologies;

12 (D) engineering research on improving new

13 structures and retrofitting existing ones to better

14 withstand windstorms, atmospheric-related re15 search to better understand the behavior and im16 pact of windstorms on the built environment,

17 and subsequent application of those research re18 sults; and

19 (E) public education and outreach.

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

21 Government in supporting windstorm impact reduc22 tion. An effective Federal program in windstorm im23 pact reduction will require interagency coordination,

24 and input from individuals, academia, the private

25 sector, and other interested non-Federal entities.
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1 SEC. 203. DEFINITIONS.

2 In this title:

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

4 Director of the Office of Science and Technology Pol5 icy.

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

7 National Windstorm Impact Reduction Program es8 tablished by section 204(a).

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

10 States of the United States, the District of Columbia,

11 the Commonwealth of Puerto Rico, the United States

12 Virgin Islands, Guam, American Samoa, the Com13 monwealth of the Northern Mariana Islands, and any

14 other territory or possession of the United States.

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

16 any storm with a damaging or destructive wind com17 ponent, such as a hurricane, tropical storm, tornado,

18 or thunderstorm.

19 SEC. 204. NATIONAL WINDSTORM IMPACT REDUCTION PRO20 GRAM.

21 (a) ESTABLISHMENT.—There is established the Na22 tional Windstorm Impact Reduction Program.

23 (b) OBJECTIVE.—The objective of the Program is the

24 achievement of major measurable reductions in losses of life

25 and property from windstorms. The objective is to be

26 achieved through a coordinated Federal effort, in coopera-
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1 tion with other levels of government, academia, and the pri2 vate sector, aimed at improving the understanding of wind3 storms and their impacts and developing and encouraging

4 implementation of cost-effective mitigation measures to re5 duce those impacts.

6 (c) INTERAGENCY WORKING GROUP.—Not later than

7 90 days after the date of enactment of this Act, the Director

8 shall establish an Interagency Working Group consisting of

9 representatives of the National Science Foundation, the Na10 tional Oceanic and Atmospheric Administration, the Na11 tional Institute of Standards and Technology, the Federal

12 Emergency Management Agency, and other Federal agen13 cies as appropriate. The Director shall designate an agency

14 to serve as Chair of the Working Group and be responsible

15 for the planning, management, and coordination of the Pro16 gram, including budget coordination. Specific agency roles

17 and responsibilities under the Program shall be defined in

18 the implementation plan required under subsection (e).

19 General agency responsibilities shall include the following:

20 (1) The National Institute of Standards and

21 Technology shall support research and development to

22 improve building codes and standards and practices

23 for design and construction of buildings, structures,

24 and lifelines.
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1 (2) The National Science Foundation shall sup2 port research in engineering and the atmospheric

3 sciences to improve the understanding of the behavior

4 of windstorms and their impact on buildings, struc5 tures, and lifelines.

6 (3) The National Oceanic and Atmospheric Ad7 ministration shall support atmospheric sciences re8 search to improve the understanding of the behavior

9 of windstorms and their impact on buildings, struc10 tures, and lifelines.

11 (4) The Federal Emergency Management Agency

12 shall support the development of risk assessment tools

13 and effective mitigation techniques, windstorm-related

14 data collection and analysis, public outreach, infor15 mation dissemination, and implementation of mitiga16 tion measures consistent with the Agency’s all-hazards

17 approach.

18 (d) PROGRAM COMPONENTS.—

19 (1) IN GENERAL.—The Program shall consist of

20 three primary mitigation components: improved un21 derstanding of windstorms, windstorm impact assess22 ment, and windstorm impact reduction. The compo23 nents shall be implemented through activities such as

24 data collection and analysis, risk assessment, out25 reach, technology transfer, and research and develop-
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1 ment. To the extent practicable, research activities au2 thorized under this title shall be peer-reviewed, and

3 the components shall be designed to be complementary

4 to, and avoid duplication of, other public and private

5 hazard reduction efforts.

6 (2) UNDERSTANDING OF WINDSTORMS.—Activi7 ties to enhance the understanding of windstorms shall

8 include research to improve knowledge of and data

9 collection on the impact of severe wind on buildings,

10 structures, and infrastructure.

11 (3) WINDSTORM IMPACT ASSESSMENT.—Activi12 ties to improve windstorm impact assessment shall

13 include—

14 (A) development of mechanisms for col15 lecting and inventorying information on the per16 formance of buildings, structures, and infrastruc17 ture in windstorms and improved collection of

18 pertinent information from sources, including

19 the design and construction industry, insurance

20 companies, and building officials;

21 (B) research, development, and technology

22 transfer to improve loss estimation and risk as23 sessment systems; and
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1 (C) research, development, and technology

2 transfer to improve simulation and computa3 tional modeling of windstorm impacts.

4 (4) WINDSTORM IMPACT REDUCTION.—Activities

5 to reduce windstorm impacts shall include—

6 (A) development of improved outreach and

7 implementation mechanisms to translate existing

8 information and research findings into cost-effec9 tive and affordable practices for design and con10 struction professionals, and State and local offi11 cials;

12 (B) development of cost-effective and afford13 able windstorm-resistant systems, structures, and

14 materials for use in new construction and ret15 rofit of existing construction; and

16 (C) outreach and information dissemination

17 related to cost-effective and affordable construc18 tion techniques, loss estimation and risk assess19 ment methodologies, and other pertinent infor20 mation regarding windstorm phenomena to Fed21 eral, State, and local officials, the construction

22 industry, and the general public.

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

24 after date of enactment of this title, the Interagency Work25 ing Group shall develop and transmit to the Congress an
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1 implementation plan for achieving the objectives of the Pro2 gram. The plan shall include—

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

4 private efforts to reduce windstorm impacts, includ5 ing a comprehensive review and analysis of wind6 storm mitigation activities supported by the Federal

7 Government;

8 (2) a description of plans for technology transfer

9 and coordination with natural hazard mitigation ac10 tivities supported by the Federal Government;

11 (3) a statement of strategic goals and priorities

12 for each Program component area;

13 (4) a description of how the Program will

14 achieve such goals, including detailed responsibilities

15 for each agency; and

16 (5) a description of plans for cooperation and co17 ordination with interested public and private sector

18 entities in each program component area.

19 (f) BIENNIAL REPORT.—The Interagency Working

20 Group shall, on a biennial basis, and not later than 180

21 days after the end of the preceding 2 fiscal years, transmit

22 a report to the Congress describing the status of the wind23 storm impact reduction program, including progress

24 achieved during the preceding two fiscal years. Each such

25 report shall include any recommendations for legislative
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1 and other action the Interagency Working Group considers

2 necessary and appropriate. In developing the biennial re3 port, the Interagency Working Group shall consider the rec4 ommendations of the Advisory Committee established under

5 section 205.

6 SEC. 205. NATIONAL ADVISORY COMMITTEE ON WIND7 STORM IMPACT REDUCTION.

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

9 National Advisory Committee on Windstorm Impact Re10 duction, consisting of not less than 11 and not more than

11 15 non-Federal members representing a broad cross section

12 of interests such as the research, technology transfer, design

13 and construction, and financial communities; materials

14 and systems suppliers; State, county, and local govern15 ments; the insurance industry; and other representatives as

16 designated by the Director.

17 (b) ASSESSMENT.—The Advisory Committee shall

18 assess—

19 (1) trends and developments in the science and

20 engineering of windstorm impact reduction;

21 (2) the effectiveness of the Program in carrying

22 out the activities under section 204(d);

23 (3) the need to revise the Program; and

24 (4) the management, coordination, implementa25 tion, and activities of the Program.
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1 (c) BIENNIAL REPORT.—At least once every two years,

2 the Advisory Committee shall report to Congress and the

3 Interagency Working Group on the assessment carried out

4 under subsection (b).

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

6 Advisory Committee Act shall not apply to the Advisory

7 Committee established under this section.

8 SEC. 206. SAVINGS CLAUSE.

9 Nothing in this title supersedes any provision of the

10 National Manufactured Housing Construction and Safety

11 Standards Act of 1974. No design, construction method,

12 practice, technology, material, mitigation methodology, or

13 hazard reduction measure of any kind developed under this

14 title shall be required for a home certified under section 616

15 of the National Manufactured Housing Construction and

16 Safety Standards Act of 1974 (42 U.S.C. 5415), pursuant

17 to standards issued under such Act, without being subject

18 to the consensus development process and rulemaking proce19 dures of that Act.

20 SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

21 (a) FEDERAL EMERGENCY MANAGEMENT AGENCY.—

22 There are authorized to be appropriated to the Federal

23 Emergency Management Agency for carrying out this

24 title—

25 (1) $8,700,000 for fiscal year 2006;
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1 (2) $9,400,000 for fiscal year 2007; and

2 (3) $9,400,000 for fiscal year 2008.

3 (b) NATIONAL SCIENCE FOUNDATION.—There are au4 thorized to be appropriated to the National Science Foun5 dation for carrying out this title—

6 (1) $8,700,000 for fiscal year 2006;

7 (2) $9,400,000 for fiscal year 2007; and

8 (3) $9,400,000 for fiscal year 2008.

9 (c) NATIONAL INSTITUTE OF STANDARDS AND TECH10 NOLOGY.—There are authorized to be appropriated to the

11 National Institute of Standards and Technology for car12 rying out this title—

13 (1) $3,000,000 for fiscal year 2006;

14 (2) $4,000,000 for fiscal year 2007; and

15 (3) $4,000,000 for fiscal year 2008.

16 (d) NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS17 TRATION.—There are authorized to be appropriated to the

18 National Oceanic and Atmospheric Administration for car19 rying out this title—

20 (1) $2,100,000 for fiscal year 2006;

21 (2) $2,200,000 for fiscal year 2007; and

22 (3) $2,200,000 for fiscal year 2008.

23 SEC. 208. BIENNIAL REPORT.

24 Section 37(a) of the Science and Engineering Equal

25 Opportunities Act (42 U.S.C. 1885d(a)) is amended by
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1 striking ‘‘By January 30, 1982, and biennially thereafter’’

2 and inserting ‘‘By January 30 of each odd-numbered year’’.

3 SEC. 209. COORDINATION.

4 The Secretary of Commerce, the Director of the Na5 tional Institute of Standards and Technology, the Director

6 of the Office of Science and Technology Policy and the heads

7 of other Federal departments and agencies carrying out ac8 tivities under this title and the statutes amended by this

9 title shall work together to ensure that research, tech10 nologies, and response techniques are shared among the pro11 grams authorized in this title in order to coordinate the

12 Nation’s efforts to reduce vulnerability to the hazards de13 scribed in this title.

14 TITLE III—COMMERCIAL SPACE

15 TRANSPORTATION

16 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

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

18 amended by striking paragraphs (1) and (2) and inserting

19 the following:

20 ‘‘(1) $11,941,000 for fiscal year 2005;

21 ‘‘(2) $12,299,000 for fiscal year 2006;

22 ‘‘(3) $12,668,000 for fiscal year 2007;

23 ‘‘(4) $13,048,000 for fiscal year 2008; and
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1 ‘‘(5) $13,440,000 for fiscal year 2009.’’.

Attest:

Secretary.
108TH CONGRESS

2D SESSION H. R. 2608

AMENDMENT