PL 108-360 National Earthquake Hazards Reduction Program Reauthorization Act of 2004

118 STAT. 1668

PUBLIC LAW 108–360—OCT. 25, 2004

Public Law 108–360
108th Congress
An Act
Oct. 25, 2004
[H.R. 2608]

To reauthorize the National Earthquake Hazards Reduction Program, and for other
purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.

The table of contents for this Act is as follows:
TITLE I—EARTHQUAKE HAZARD REDUCTION
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.

Short title.
Definitions.
National earthquake hazards reduction program.
Authorization of appropriations.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.
205.
206.
207.
208.
209.

Short title.
Findings.
Definitions.
National windstorm impact reduction program.
National advisory committee on windstorm impact reduction.
Savings clause.
Authorization of appropriations.
Biennial report.
Coordination.

TITLE II—WINDSTORM IMPACT REDUCTION

TITLE III—COMMERCIAL SPACE TRANSPORTATION
Sec. 301. Authorization of appropriations.
National
Earthquake
Hazards
Reduction
Program
Reauthorization
Act of 2004.
42 USC 7701
note.
42 USC 7703.

TITLE I—EARTHQUAKE HAZARD
REDUCTION
SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘National Earthquake Hazards
Reduction Program Reauthorization Act of 2004’’.
SEC. 102. DEFINITIONS.

Section 4 of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7701 et seq.) is amended by adding at the end the
following new paragraphs:
‘‘(8) The term ‘Interagency Coordinating Committee’ means
the Interagency Coordinating Committee on Earthquake Hazards Reduction established under section 5(a).
‘‘(9) The term ‘Advisory Committee’ means the Advisory
Committee established under section 5(a)(5).’’.

VerDate 11-MAY-2000

08:28 Nov 10, 2005

Jkt 029194

PO 00000

Frm 00532

Fmt 6580

Sfmt 6581

C:\STATUTES\2004\29194PT2.001

APPS10

PsN: 29194PT2

PUBLIC LAW 108–360—OCT. 25, 2004

118 STAT. 1669

SEC. 103. NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM.

Section 5 of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7704(b)) is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is established the National Earthquake Hazards Reduction Program.
‘‘(2) PROGRAM ACTIVITIES.—The activities of the Program
shall be designed to—
‘‘(A) develop effective measures for earthquake hazards
reduction;
‘‘(B) promote the adoption of earthquake hazards reduction measures by Federal, State, and local governments,
national standards and model code organizations, architects
and engineers, building owners, and others with a role
in planning and constructing buildings, structures, and
lifelines through—
‘‘(i) grants, contracts, cooperative agreements, and
technical assistance;
‘‘(ii) development of standards, guidelines, and voluntary consensus codes for earthquake hazards reduction for buildings, structures, and lifelines;
‘‘(iii) development and maintenance of a repository
of information, including technical data, on seismic
risk and hazards reduction; and
‘‘(C) improve the understanding of earthquakes and
their effects on communities, buildings, structures, and
lifelines, through interdisciplinary research that involves
engineering, natural sciences, and social, economic, and
decisions sciences; and
‘‘(D) develop, operate, and maintain an Advanced
National Seismic Research and Monitoring System established under section 13 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7707), the George E. Brown,
Jr. Network for Earthquake Engineering Simulation established under section 14 of that Act (42 U.S.C. 7708), and
the Global Seismographic Network.
‘‘(3) INTERAGENCY COORDINATING COMMITTEE ON EARTHQUAKE HAZARDS REDUCTION.—
‘‘(A) IN GENERAL.—There is established an Interagency
Coordinating Committee on Earthquake Hazards Reduction
chaired by the Director of the National Institute of Standards and Technology (referred to in this subsection as
the ‘Director’).
‘‘(B) MEMBERSHIP.—The committee shall be composed
of the directors of—
‘‘(i) the Federal Emergency Management Agency;
‘‘(ii) the United States Geological Survey;
‘‘(iii) the National Science Foundation;
‘‘(iv) the Office of Science and Technology Policy;
and
‘‘(v) the Office of Management and Budget.
‘‘(C) MEETINGS.—The Committee shall meet not less
than 3 times a year at the call of the Director.
‘‘(D) PURPOSE AND DUTIES.—The Interagency Coordinating Committee shall oversee the planning, management,

VerDate 11-MAY-2000

08:28 Nov 10, 2005

Jkt 029194

PO 00000

Frm 00533

Fmt 6580

Sfmt 6581

Establishment.

C:\STATUTES\2004\29194PT2.001

APPS10

PsN: 29194PT2

118 STAT. 1670

Deadline.

Establishment.

VerDate 11-MAY-2000

08:28 Nov 10, 2005

Jkt 029194

PUBLIC LAW 108–360—OCT. 25, 2004
and coordination of the Program. The Interagency Coordinating Committee shall—
‘‘(i) develop, not later than 6 months after the
date of enactment of the National Earthquake Hazards
Reduction Program Reauthorization Act of 2004 and
update periodically—
‘‘(I) a strategic plan that establishes goals and
priorities for the Program activities described
under subsection (a)(2); and
‘‘(II) a detailed management plan to implement
such strategic plan; and
‘‘(ii) develop a coordinated interagency budget for
the Program that will ensure appropriate balance
among the Program activities described under subsection (a)(2), and, in accordance with the plans developed under clause (i), submit such budget to the
Director of the Office of Management and Budget at
the time designated by that office for agencies to
submit annual budgets.
‘‘(4) ANNUAL REPORT.—The Interagency Coordinating Committee shall transmit, at the time of the President’s budget
request to Congress, an annual report to the Committee on
Science and the Committee on Resources of the House of Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate. Such report shall include—
‘‘(A) the Program budget for the current fiscal year
for each agency that participates in the Program, and for
each major goal established for the Program activities
under subparagraph (3)(A);
‘‘(B) the proposed Program budget for the next fiscal
year for each agency that participates in the Program,
and for each major goal established for the Program activities under subparagraph (3)(A);
‘‘(C) a description of the activities and results of the
Program during the previous year, including an assessment
of the effectiveness of the Program in furthering the goals
established in the strategic plan under (3)(A);
‘‘(D) a description of the extent to which the Program
has incorporated the recommendations of the Advisory
Committee;
‘‘(E) a description of activities, including budgets for
the current fiscal year and proposed budgets for the next
fiscal year, that are carried out by Program agencies and
contribute to the Program, but are not included in the
Program; and
‘‘(F) a description of the activities, including budgets
for the current fiscal year and proposed budgets for the
following fiscal year, related to the grant program carried
out under subsection (b)(2)(A)(i).
‘‘(5) ADVISORY COMMITTEE.—
‘‘(A) IN GENERAL.—The Director shall establish an
Advisory Committee on Earthquake Hazards Reduction of
at least 11 members, none of whom may be an employee
(as defined in subparagraphs (A) through (F) of section
7342(a)(1) of title 5, United States Code, including representatives of research and academic institutions, industry
standards development organizations, State and local

PO 00000

Frm 00534

Fmt 6580

Sfmt 6581

C:\STATUTES\2004\29194PT2.001

APPS10

PsN: 29194PT2

PUBLIC LAW 108–360—OCT. 25, 2004

118 STAT. 1671

government, and financial communities who are qualified
to provide advice on earthquake hazards reduction and
represent all related scientific, architectural, and
engineering disciplines. The recommendations of the
Advisory Committee shall be considered by Federal agencies in implementing the Program.
‘‘(B) ASSESSMENT.—The Advisory Committee shall
assess—
‘‘(i) trends and developments in the science and
engineering of earthquake hazards reduction;
‘‘(ii) effectiveness of the Program in carrying out
the activities under (a)(2);
‘‘(iii) the need to revise the Program; and
‘‘(iv) the management, coordination, implementation, and activities of the Program.
‘‘(C) REPORT.—Not later than 1 year after the date
of enactment of the National Earthquake Hazards Reduction Program Reauthorization Act of 2004 and at least
once every 2 years thereafter, the Advisory Committee
shall report to the Director on its findings of the assessment
carried out under subparagraph (B) and its recommendations for ways to improve the Program. In developing recommendations, the Committee shall consider the recommendations of the United States Geological Survey Scientific Earthquake Studies Advisory Committee.
‘‘(D) FEDERAL ADVISORY COMMITTEE ACT APPLICATION.—
Section 14 of the Federal Advisory Committee Act (5 App.
U.S.C. 14) shall not apply to the Advisory Committee.’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) by striking ‘‘Federal Emergency Management
Agency’’ and all that follows through ‘‘of the Agency’’
and inserting ‘‘National Institute of Standards and
Technology shall have the primary responsibility for
planning and coordinating the Program. In carrying
out this paragraph, the Director of the Institute’’;
(ii) by striking subparagraphs (B) and (C) and
redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively;
(iii) by inserting after subparagraph (A) the following:
‘‘(B) support the development of performance-based
seismic engineering tools, and work with appropriate
groups to promote the commercial application of such tools,
through earthquake-related building codes, standards, and
construction practices;’’;
(iv) by striking ‘‘The principal official carrying out
the responsibilities described in this paragraph shall
be at a level no lower than that of Associate Director.’’;
and
(v) in subparagraph (D), as redesignated by clause
(ii), by striking ‘‘National Science Foundation, the
National Institutes of Standards and Technology’’ and
inserting ‘‘Federal Emergency Management Agency,
the National Science Foundation’’;
(B) by striking so much of paragraph (2) as precedes
subparagraph (B) and inserting the following:

VerDate 11-MAY-2000

08:28 Nov 10, 2005

Jkt 029194

PO 00000

Frm 00535

Fmt 6580

Sfmt 6581

C:\STATUTES\2004\29194PT2.001

APPS10

PsN: 29194PT2

118 STAT. 1672

PUBLIC LAW 108–360—OCT. 25, 2004

‘‘(2) DEPARTMENT OF HOMELAND SECURITY; FEDERAL EMERGENCY
MANAGEMENT AGENCY.—
‘‘(A) PROGRAM RESPONSIBILITIES.—The Under Secretary of
Homeland Security for Emergency Preparedness and Response
(the Director of the Federal Emergency Management Agency)—
‘‘(i) shall work closely with national standards and
model building code organizations, in conjunction with the
National Institute of Standards and Technology, to promote
the implementation of research results;
‘‘(ii) shall promote better building practices within the
building design and construction industry including
architects, engineers, contractors, builders, and inspectors;
‘‘(iii) shall operate a program of grants and assistance
to enable States to develop mitigation, preparedness, and
response plans, prepare inventories and conduct seismic
safety inspections of critical structures and lifelines, update
building and zoning codes and ordinances to enhance
seismic safety, increase earthquake awareness and education, and encourage the development of multi-State
groups for such purposes;
‘‘(iv) shall support the implementation of a comprehensive earthquake education and public awareness program,
including development of materials and their wide dissemination to all appropriate audiences and support public
access to locality-specific information that may assist the
public in preparing for, mitigating against, responding to
and recovering from earthquakes and related disasters;
‘‘(v) shall assist the National Institute of Standards
and Technology, other Federal agencies, and private sector
groups, in the preparation, maintenance, and wide dissemination of seismic resistant design guidance and related
information on building codes, standards, and practices
for new and existing buildings, structures, and lifelines,
and aid in the development of performance-based design
guidelines and methodologies supporting model codes for
buildings, structures, and lifelines that are cost effective
and affordable;
‘‘(vi) shall develop, coordinate, and execute the National
Response Plan when required following an earthquake,
and support the development of specific State and local
plans for each high risk area to ensure the availability
of adequate emergency medical resources, search and
rescue personnel and equipment, and emergency broadcast
capability;
‘‘(vii) shall develop approaches to combine measures
for earthquake hazards reduction with measures for reduction of other natural and technological hazards including
performance-based design approaches;
‘‘(viii) shall provide preparedness, response, and mitigation recommendations to communities after an earthquake
prediction has been made under paragraph (3)(D); and
‘‘(ix) may enter into cooperative agreements or contracts with States and local jurisdictions and other Federal
agencies to establish demonstration projects on earthquake
hazard mitigation, to link earthquake research and mitigation efforts with emergency management programs, or to
prepare educational materials for national distribution.’’;

VerDate 11-MAY-2000

08:28 Nov 10, 2005

Jkt 029194

PO 00000

Frm 00536

Fmt 6580

Sfmt 6581

C:\STATUTES\2004\29194PT2.001

APPS10

PsN: 29194PT2

PUBLIC LAW 108–360—OCT. 25, 2004

118 STAT. 1673

(C) in paragraph (3)—
(i) by inserting ‘‘and other activities’’ after ‘‘shall
conduct research’’;
(ii) in subparagraph (C), by striking ‘‘the Agency’’
and inserting ‘‘the Director of the Federal Emergency
Management Agency and the Director of the National
Institute of Standards and Technology’’;
(iii) in subparagraph (D), by striking ‘‘the Director
of the Agency’’ and inserting ‘‘the Director of the Federal Emergency Management Agency and the Director
of the National Institute of Standards and Technology’’;
(iv) in subparagraph (E), by striking ‘‘establish,
using existing facilities, a Center for the International
Exchange of Earthquake Information’’ and inserting
‘‘operate, using the National Earthquake Information
Center, a forum for the international exchange of
earthquake information’’;
(v) in subparagraph (F), by striking ‘‘Network’’ and
inserting ‘‘System’’; and
(vi) by inserting after subparagraph (H) the following new subparagraphs:
‘‘(I) work with other Program agencies to coordinate
Program activities with similar earthquake hazards reduction efforts in other countries, to ensure that the Program
benefits from relevant information and advances in those
countries; and
‘‘(J) maintain suitable seismic hazard maps in support
of building codes for structures and lifelines, including
additional maps needed for performance-based design
approaches.’’;
(D) in paragraph (4)—
(i) by redesignating subparagraphs (D), (E), and
(F) as subparagraphs (E), (F), and (H), respectively;
(ii) by inserting after subparagraph (C) the following:
‘‘(D) support research that improves the safety and
performance of buildings, structures, and lifeline systems
using large-scale experimental and computational facilities
of the George E. Brown Jr. Network for Earthquake
Engineering Simulation and other institutions engaged in
research and the implementation of the National Earthquake Hazards Reduction Program;’’;
(iii) in subparagraph (F) (as so redesignated), by
striking ‘‘; and’’ and inserting a semicolon; and
(iv) by inserting after subparagraph (F) (as so
redesignated) the following:
‘‘(G) include to the maximum extent practicable diverse
institutions, including Historically Black Colleges and
Universities and those serving large proportions of Hispanics, Native Americans, Asian-Pacific Americans, and
other underrepresented populations; and’’;
(E) in paragraph (5), by striking ‘‘The National’’ and
inserting ‘‘In addition to the lead agency responsibilities
described under paragraph (1), the National’’; and
(F) in paragraph (5)—
(i) by striking ‘‘and’’ after the semicolon in subparagraph (C);

VerDate 11-MAY-2000

08:28 Nov 10, 2005

Jkt 029194

PO 00000

Frm 00537

Fmt 6580

Sfmt 6581

C:\STATUTES\2004\29194PT2.001

APPS10

PsN: 29194PT2

118 STAT. 1674

PUBLIC LAW 108–360—OCT. 25, 2004
(ii) by redesignating subparagraph (D) as subparagraph (E); and
(iii) by inserting after subparagraph (C) the following:
‘‘(D) support the development and commercial application
of cost effective and affordable performance-based seismic
engineering by providing technical support for seismic
engineering practices and related building code, standards, and
practices development; and’’; and
(3) in subsection (c)(1), by striking ‘‘Agency’’ and inserting
‘‘Interagency Coordinating Committee’’.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Section 12 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706) is amended—
(1) by adding at the end of subsection (a) the following:
‘‘(8) There are authorized to be appropriated to the Federal
Emergency Management Agency for carrying out this title—
‘‘(A) $21,000,000 for fiscal year 2005,
‘‘(B) $21,630,000 for fiscal year 2006,
‘‘(C) $22,280,000 for fiscal year 2007,
‘‘(D) $22,950,000 for fiscal year 2008, and
‘‘(E) $23,640,000 for fiscal year 2009,
of which not less than 10 percent of available program funds
actually appropriated shall be made available each such fiscal
year for supporting the development of performance-based, costeffective, and affordable design guidelines and methodologies
in codes for buildings, structures, and lifelines.’’;
(2) by inserting ‘‘(1)’’ before ‘‘There’’ in subsection (b);
(3) by striking ‘‘subsection’’ in the last sentence and
inserting ‘‘paragraph’’;
(4) by redesignating paragraphs (1) through (5) of subsection (b) as subparagraphs (A) through (E), respectively;
(5) by adding at the end of subsection (b) the following:
‘‘(2) There are authorized to be appropriated to the United
States Geological Survey for carrying out this title—
‘‘(A) $77,000,000 for fiscal year 2005, of which not less
than $30,000,000 shall be made available for completion of
the Advanced National Seismic Research and Monitoring
System established under section 13;
‘‘(B) $84,410,000 for fiscal year 2006, of which not less
than $36,000,000 shall be made available for completion of
the Advanced National Seismic Research and Monitoring
System established under section 13;
‘‘(C) $85,860,000 for fiscal year 2007, of which not less
than $36,000,000 shall be made available for completion of
the Advanced National Seismic Research and Monitoring
System established under section 13;
‘‘(D) $87,360,000 for fiscal year 2008, of which not less
than $36,000,000 shall be made available for completion of
the Advanced National Seismic Research and Monitoring
System established under section 13; and
‘‘(E) $88,900,000 for fiscal year 2009, of which not less
than $36,000,000 shall be made available for completion of
the Advanced National Seismic Research and Monitoring
System established under section 13.’’;
(6) by inserting ‘‘(1)’’ before ‘‘To’’ in subsection (c);

VerDate 11-MAY-2000

08:28 Nov 10, 2005

Jkt 029194

PO 00000

Frm 00538

Fmt 6580

Sfmt 6581

C:\STATUTES\2004\29194PT2.001

APPS10

PsN: 29194PT2

PUBLIC LAW 108–360—OCT. 25, 2004

118 STAT. 1675

(7) by adding at the end of subsection (c) the following:
‘‘(2) There are authorized to be appropriated to the National
Science Foundation for carrying out this title—
‘‘(A) $38,000,000 for fiscal year 2005;
‘‘(B) $39,140,000 for fiscal year 2006;
‘‘(C) $40,310,000 for fiscal year 2007;
‘‘(D) $41,520,000 for fiscal year 2008; and
‘‘(E) $42,770,000 for fiscal year 2009.’’;
(8) by inserting ‘‘(1)’’ before ‘‘To’’ in subsection (d); and
(9) by adding at the end of subsection (d) the following:
‘‘(2) There are authorized to be appropriated to the National
Institute of Standards and Technology for carrying out this title—
‘‘(A) $10,000,000 for fiscal year 2005,
‘‘(B) $11,000,000 for fiscal year 2006,
‘‘(C) $12,100,000 for fiscal year 2007,
‘‘(D) $13,310,000 for fiscal year 2008, and
‘‘(E) $14,640,000 for fiscal year 2009,
of which $2,000,000 shall be made available each such fiscal year
for supporting the development of performance-based, cost-effective,
and affordable codes for buildings, structures, and lifelines.’’.
(b) SEPARATE AUTHORIZATION FOR THE ADVANCED NATIONAL
SEISMIC RESEARCH AND MONITORING SYSTEM.—Section 13 of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7707) is
amended by striking subsection (c).
(c) SEPARATE AUTHORIZATION FOR THE NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION.—Section 14(b) of the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7708(b)) is amended—
(1) by striking ‘‘and’’ after the semicolon in paragraph
(3);
(2) by striking ‘‘2004.’’ in paragraph (4) and inserting
‘‘2004;’’;
(3) by adding at the end the following:
‘‘(5) $20,000,000 for fiscal year 2005, all of which shall
be available for operations and maintenance;
‘‘(6) $20,400,000 for fiscal year 2006, all of which shall
be available for operations and maintenance;
‘‘(7) $20,870,000 for fiscal year 2007, all of which shall
be available for operations and maintenance;
‘‘(8) $21,390,000 for fiscal year 2008, all of which shall
be available for operations and maintenance; and
‘‘(9) $21,930,000 for fiscal year 2009, all of which shall
be available for operations and maintenance.’’.

TITLE II—WINDSTORM IMPACT
REDUCTION
SEC. 201. SHORT TITLE.

This Act may be cited as the ‘‘National Windstorm Impact
Reduction Act of 2004’’.
SEC. 202. FINDINGS.

National
Windstorm
Impact Reduction
Act of 2004.
42 USC 15701
note.

42 USC 15701.

The Congress finds the following:
(1) Hurricanes, tropical storms, tornadoes, and thunderstorms can cause significant loss of life, injury, destruction
of property, and economic and social disruption. All States
and regions are vulnerable to these hazards.

VerDate 11-MAY-2000

08:28 Nov 10, 2005

Jkt 029194

PO 00000

Frm 00539

Fmt 6580

Sfmt 6581

C:\STATUTES\2004\29194PT2.001

APPS10

PsN: 29194PT2

118 STAT. 1676

PUBLIC LAW 108–360—OCT. 25, 2004
(2) The United States currently sustains several billion
dollars in economic damages each year due to these windstorms.
In recent decades, rapid development and population growth
in high-risk areas has greatly increased overall vulnerability
to windstorms.
(3) Improved windstorm impact reduction measures have
the potential to reduce these losses through—
(A) cost-effective and affordable design and construction methods and practices;
(B) effective mitigation programs at the local, State,
and national level;
(C) improved data collection and analysis and impact
prediction methodologies;
(D) engineering research on improving new structures
and retrofitting existing ones to better withstand windstorms, atmospheric-related research to better understand
the behavior and impact of windstorms on the built environment, and subsequent application of those research results;
and
(E) public education and outreach.
(4) There is an appropriate role for the Federal Government
in supporting windstorm impact reduction. An effective Federal
program in windstorm impact reduction will require interagency coordination, and input from individuals, academia, the
private sector, and other interested non-Federal entities.

42 USC 15702.

SEC. 203. DEFINITIONS.

In this title:
(1) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Office of Science and Technology Policy.
(2) PROGRAM.—The term ‘‘Program’’ means the National
Windstorm Impact Reduction Program established by section
204(a).
(3) STATE.—The term ‘‘State’’ means each of the States
of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and any other territory or possession of the United
States.
(4) WINDSTORM.—The term ‘‘windstorm’’ means any storm
with a damaging or destructive wind component, such as a
hurricane, tropical storm, tornado, or thunderstorm.
42 USC 15703.

Deadline.
Establishment.

VerDate 11-MAY-2000

08:28 Nov 10, 2005

SEC. 204. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM.

(a) ESTABLISHMENT.—There is established the National Windstorm Impact Reduction Program.
(b) OBJECTIVE.—The objective of the Program is the achievement of major measurable reductions in losses of life and property
from windstorms. The objective is to be achieved through a coordinated Federal effort, in cooperation with other levels of government,
academia, and the private sector, aimed at improving the understanding of windstorms and their impacts and developing and
encouraging implementation of cost-effective mitigation measures
to reduce those impacts.
(c) INTERAGENCY WORKING GROUP.—Not later than 90 days
after the date of enactment of this Act, the Director shall establish
an Interagency Working Group consisting of representatives of the
National Science Foundation, the National Oceanic and

Jkt 029194

PO 00000

Frm 00540

Fmt 6580

Sfmt 6581

C:\STATUTES\2004\29194PT2.001

APPS10

PsN: 29194PT2

PUBLIC LAW 108–360—OCT. 25, 2004

118 STAT. 1677

Atmospheric Administration, the National Institute of Standards
and Technology, the Federal Emergency Management Agency, and
other Federal agencies as appropriate. The Director shall designate
an agency to serve as Chair of the Working Group and be responsible for the planning, management, and coordination of the Program, including budget coordination. Specific agency roles and
responsibilities under the Program shall be defined in the
implementation plan required under subsection (e). General agency
responsibilities shall include the following:
(1) The National Institute of Standards and Technology
shall support research and development to improve building
codes and standards and practices for design and construction
of buildings, structures, and lifelines.
(2) The National Science Foundation shall support research
in engineering and the atmospheric sciences to improve the
understanding of the behavior of windstorms and their impact
on buildings, structures, and lifelines.
(3) The National Oceanic and Atmospheric Administration
shall support atmospheric sciences research to improve the
understanding of the behavior of windstorms and their impact
on buildings, structures, and lifelines.
(4) The Federal Emergency Management Agency shall support the development of risk assessment tools and effective
mitigation techniques, windstorm-related data collection and
analysis, public outreach, information dissemination, and
implementation of mitigation measures consistent with the
Agency’s all-hazards approach.
(d) PROGRAM COMPONENTS.—
(1) IN GENERAL.—The Program shall consist of three primary mitigation components: improved understanding of windstorms, windstorm impact assessment, and windstorm impact
reduction. The components shall be implemented through
activities such as data collection and analysis, risk assessment,
outreach, technology transfer, and research and development.
To the extent practicable, research activities authorized under
this title shall be peer-reviewed, and the components shall
be designed to be complementary to, and avoid duplication
of, other public and private hazard reduction efforts.
(2) UNDERSTANDING OF WINDSTORMS.—Activities to enhance
the understanding of windstorms shall include research to
improve knowledge of and data collection on the impact of
severe wind on buildings, structures, and infrastructure.
(3) WINDSTORM IMPACT ASSESSMENT.—Activities to improve
windstorm impact assessment shall include—
(A) development of mechanisms for collecting and
inventorying information on the performance of buildings,
structures, and infrastructure in windstorms and improved
collection of pertinent information from sources, including
the design and construction industry, insurance companies,
and building officials;
(B) research, development, and technology transfer to
improve loss estimation and risk assessment systems; and
(C) research, development, and technology transfer to
improve simulation and computational modeling of windstorm impacts.
(4) WINDSTORM IMPACT REDUCTION.—Activities to reduce
windstorm impacts shall include—

VerDate 11-MAY-2000

08:28 Nov 10, 2005

Jkt 029194

PO 00000

Frm 00541

Fmt 6580

Sfmt 6581

C:\STATUTES\2004\29194PT2.001

APPS10

PsN: 29194PT2

118 STAT. 1678

PUBLIC LAW 108–360—OCT. 25, 2004

(A) development of improved outreach and implementation mechanisms to translate existing information and
research findings into cost-effective and affordable practices
for design and construction professionals, and State and
local officials;
(B) development of cost-effective and affordable windstorm-resistant systems, structures, and materials for use
in new construction and retrofit of existing construction;
and
(C) outreach and information dissemination related to
cost-effective and affordable construction techniques, loss
estimation and risk assessment methodologies, and other
pertinent information regarding windstorm phenomena to
Federal, State, and local officials, the construction industry,
and the general public.
(e) IMPLEMENTATION PLAN.—Not later than 1 year after date
of enactment of this title, the Interagency Working Group shall
develop and transmit to the Congress an implementation plan for
achieving the objectives of the Program. The plan shall include—
(1) an assessment of past and current public and private
efforts to reduce windstorm impacts, including a comprehensive
review and analysis of windstorm mitigation activities supported by the Federal Government;
(2) a description of plans for technology transfer and
coordination with natural hazard mitigation activities supported by the Federal Government;
(3) a statement of strategic goals and priorities for each
Program component area;
(4) a description of how the Program will achieve such
goals, including detailed responsibilities for each agency; and
(5) a description of plans for cooperation and coordination
with interested public and private sector entities in each program component area.
(f) BIENNIAL REPORT.—The Interagency Working Group shall,
on a biennial basis, and not later than 180 days after the end
of the preceding 2 fiscal years, transmit a report to the Congress
describing the status of the windstorm impact reduction program,
including progress achieved during the preceding two fiscal years.
Each such report shall include any recommendations for legislative
and other action the Interagency Working Group considers necessary and appropriate. In developing the biennial report, the Interagency Working Group shall consider the recommendations of the
Advisory Committee established under section 205.

Deadline.

42 USC 15704.

SEC. 205. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT
REDUCTION.

(a) ESTABLISHMENT.—The Director shall establish a National
Advisory Committee on Windstorm Impact Reduction, consisting
of not less than 11 and not more than 15 non-Federal members
representing a broad cross section of interests such as the research,
technology transfer, design and construction, and financial communities; materials and systems suppliers; State, county, and local
governments; the insurance industry; and other representatives
as designated by the Director.
(b) ASSESSMENT.—The Advisory Committee shall assess—
(1) trends and developments in the science and engineering
of windstorm impact reduction;

VerDate 11-MAY-2000

08:28 Nov 10, 2005

Jkt 029194

PO 00000

Frm 00542

Fmt 6580

Sfmt 6581

C:\STATUTES\2004\29194PT2.001

APPS10

PsN: 29194PT2

PUBLIC LAW 108–360—OCT. 25, 2004

118 STAT. 1679

(2) the effectiveness of the Program in carrying out the
activities under section 204(d);
(3) the need to revise the Program; and
(4) the management, coordination, implementation, and
activities of the Program.
(c) BIENNIAL REPORT.—At least once every two years, the
Advisory Committee shall report to Congress and the Interagency
Working Group on the assessment carried out under subsection
(b).
(d) SUNSET EXEMPTION.—Section 14 of the Federal Advisory
Committee Act shall not apply to the Advisory Committee established under this section.
SEC. 206. SAVINGS CLAUSE.

42 USC 15705.

Nothing in this title supersedes any provision of the National
Manufactured Housing Construction and Safety Standards Act of
1974. No design, construction method, practice, technology, material, mitigation methodology, or hazard reduction measure of any
kind developed under this title shall be required for a home certified
under section 616 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5415), pursuant
to standards issued under such Act, without being subject to the
consensus development process and rulemaking procedures of that
Act.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

42 USC 15706.

(a) FEDERAL EMERGENCY MANAGEMENT AGENCY.—There are
authorized to be appropriated to the Federal Emergency Management Agency for carrying out this title—
(1) $8,700,000 for fiscal year 2006;
(2) $9,400,000 for fiscal year 2007; and
(3) $9,400,000 for fiscal year 2008.
(b) NATIONAL SCIENCE FOUNDATION.—There are authorized to
be appropriated to the National Science Foundation for carrying
out this title—
(1) $8,700,000 for fiscal year 2006;
(2) $9,400,000 for fiscal year 2007; and
(3) $9,400,000 for fiscal year 2008.
(c) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.—
There are authorized to be appropriated to the National Institute
of Standards and Technology for carrying out this title—
(1) $3,000,000 for fiscal year 2006;
(2) $4,000,000 for fiscal year 2007; and
(3) $4,000,000 for fiscal year 2008.
(d) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.—
There are authorized to be appropriated to the National Oceanic
and Atmospheric Administration for carrying out this title—
(1) $2,100,000 for fiscal year 2006;
(2) $2,200,000 for fiscal year 2007; and
(3) $2,200,000 for fiscal year 2008.
SEC. 208. BIENNIAL REPORT.

Section 37(a) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d(a)) is amended by striking ‘‘By January
30, 1982, and biennially thereafter’’ and inserting ‘‘By January
30 of each odd-numbered year’’.

VerDate 11-MAY-2000

08:28 Nov 10, 2005

Jkt 029194

PO 00000

Frm 00543

Fmt 6580

Sfmt 6581

C:\STATUTES\2004\29194PT2.001

APPS10

PsN: 29194PT2

118 STAT. 1680
42 USC 15707.

PUBLIC LAW 108–360—OCT. 25, 2004

SEC. 209. COORDINATION.

The Secretary of Commerce, the Director of the National
Institute of Standards and Technology, the Director of the Office
of Science and Technology Policy and the heads of other Federal
departments and agencies carrying out activities under this title
and the statutes amended by this title shall work together to
ensure that research, technologies, and response techniques are
shared among the programs authorized in this title in order to
coordinate the Nation’s efforts to reduce vulnerability to the hazards
described in this title.

TITLE III—COMMERCIAL SPACE
TRANSPORTATION
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

Section 70119 of title 49, United States Code, is amended
by striking paragraphs (1) and (2) and inserting the following:
‘‘(1) $11,941,000 for fiscal year 2005;
‘‘(2) $12,299,000 for fiscal year 2006;
‘‘(3) $12,668,000 for fiscal year 2007;
‘‘(4) $13,048,000 for fiscal year 2008; and
‘‘(5) $13,440,000 for fiscal year 2009.’’.
Approved October 25, 2004.

LEGISLATIVE HISTORY—H.R. 2608:
HOUSE REPORTS: No. 108–246, Pt. 1 (Comm. on Science).
SENATE REPORTS: No. 108–385 (Comm. on Commerce, Science,
Transportation).
CONGRESSIONAL RECORD:
Vol. 149 (2003): Oct. 1, considered and passed House.
Vol. 150 (2004): Oct. 6, considered and passed Senate, amended.
Oct. 8, House concurred in Senate amendment.

VerDate 11-MAY-2000

08:28 Nov 10, 2005

Jkt 029194

PO 00000

Frm 00544

Fmt 6580

Sfmt 6580

C:\STATUTES\2004\29194PT2.001

APPS10

and

PsN: 29194PT2