[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

118 STAT. 1668

Public Law 108-360
108th Congress

An Act


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

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Title I--Earthquake Hazard Reduction

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. National earthquake hazards reduction program.
Sec. 104. Authorization of appropriations.

Title II--Windstorm Impact Reduction

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
Sec. 204. National windstorm impact reduction program.
Sec. 205. National advisory committee on windstorm impact reduction.
Sec. 206. Savings clause.
Sec. 207. Authorization of appropriations.
Sec. 208. Biennial report.
Sec. 209. Coordination.

Title III--Commercial Space Transportation

Sec. 301. Authorization of appropriations.

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

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

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

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

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


[[Page 1669]]
118 STAT. 1669

SEC. 103. NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM.

Section 5 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7704(b)) is amended--
(1) by amending subsection (a) to read as follows:

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


[[Page 1670]]
118 STAT. 1670

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


[[Page 1671]]
118 STAT. 1671

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


[[Page 1672]]
118 STAT. 1672

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


[[Page 1673]]
118 STAT. 1673

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


[[Page 1674]]
118 STAT. 1674

(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting after subparagraph (C) the
following:
``(D) support the development and commercial application of
cost effective and affordable performance-based seismic
engineering by providing technical support for seismic
engineering practices and related building code, standards, and
practices development; and''; and
(3) in subsection (c)(1), by striking ``Agency'' and
inserting ``Interagency Coordinating Committee''.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--Section 12 of the Earthquake Hazards Reduction Act
of 1977 (42 U.S.C. 7706) is amended--
(1) by adding at the end of subsection (a) the following:
``(8) There are authorized to be appropriated to the Federal
Emergency Management Agency for carrying out this title--
``(A) $21,000,000 for fiscal year 2005,
``(B) $21,630,000 for fiscal year 2006,
``(C) $22,280,000 for fiscal year 2007,
``(D) $22,950,000 for fiscal year 2008, and
``(E) $23,640,000 for fiscal year 2009,
of which not less than 10 percent of available program funds
actually appropriated shall be made available each such fiscal
year for supporting the development of performance-based, cost-
effective, and affordable design guidelines and methodologies in
codes for buildings, structures, and lifelines.'';
(2) by inserting ``(1)'' before ``There'' in subsection (b);
(3) by striking ``subsection'' in the last sentence and
inserting ``paragraph'';
(4) by redesignating paragraphs (1) through (5) of
subsection (b) as subparagraphs (A) through (E), respectively;
(5) by adding at the end of subsection (b) the following:

``(2) There are authorized to be appropriated to the United States
Geological Survey for carrying out this title--
``(A) $77,000,000 for fiscal year 2005, of which not less
than $30,000,000 shall be made available for completion of the
Advanced National Seismic Research and Monitoring System
established under section 13;
``(B) $84,410,000 for fiscal year 2006, of which not less
than $36,000,000 shall be made available for completion of the
Advanced National Seismic Research and Monitoring System
established under section 13;
``(C) $85,860,000 for fiscal year 2007, of which not less
than $36,000,000 shall be made available for completion of the
Advanced National Seismic Research and Monitoring System
established under section 13;
``(D) $87,360,000 for fiscal year 2008, of which not less
than $36,000,000 shall be made available for completion of the
Advanced National Seismic Research and Monitoring System
established under section 13; and
``(E) $88,900,000 for fiscal year 2009, of which not less
than $36,000,000 shall be made available for completion of the
Advanced National Seismic Research and Monitoring System
established under section 13.'';
(6) by inserting ``(1)'' before ``To'' in subsection (c);


[[Page 1675]]
118 STAT. 1675

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

``(2) There are authorized to be appropriated to the National
Science Foundation for carrying out this title--
``(A) $38,000,000 for fiscal year 2005;
``(B) $39,140,000 for fiscal year 2006;
``(C) $40,310,000 for fiscal year 2007;
``(D) $41,520,000 for fiscal year 2008; and
``(E) $42,770,000 for fiscal year 2009.'';
(8) by inserting ``(1)'' before ``To'' in subsection (d);
and
(9) by adding at the end of subsection (d) the following:

``(2) There are authorized to be appropriated to the National
Institute of Standards and Technology for carrying out this title--
``(A) $10,000,000 for fiscal year 2005,
``(B) $11,000,000 for fiscal year 2006,
``(C) $12,100,000 for fiscal year 2007,
``(D) $13,310,000 for fiscal year 2008, and
``(E) $14,640,000 for fiscal year 2009,

of which $2,000,000 shall be made available each such fiscal year for
supporting the development of performance-based, cost-effective, and
affordable codes for buildings, structures, and lifelines.''.
(b) Separate Authorization for the Advanced national Seismic
Research and Monitoring System.--Section 13 of the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7707) is amended by striking subsection
(c).
(c) Separate Authorization for the Network for Earthquake
Engineering Simulation.--Section 14(b) of the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7708(b)) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(3);
(2) by striking ``2004.'' in paragraph (4) and inserting
``2004;'';
(3) by adding at the end the following:
``(5) $20,000,000 for fiscal year 2005, all of which shall
be available for operations and maintenance;
``(6) $20,400,000 for fiscal year 2006, all of which shall
be available for operations and maintenance;
``(7) $20,870,000 for fiscal year 2007, all of which shall
be available for operations and maintenance;
``(8) $21,390,000 for fiscal year 2008, all of which shall
be available for operations and maintenance; and
``(9) $21,930,000 for fiscal year 2009, all of which shall
be available for operations and maintenance.''.

TITLE II-- NOTE: National Windstorm Impact Reduction Act of
2004. WINDSTORM IMPACT REDUCTION

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

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

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

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


[[Page 1676]]
118 STAT. 1676

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

SEC. 203. DEFINITIONS. NOTE: 42 USC 15702.

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

SEC. 204. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM. NOTE: 42 USC
15703.

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


[[Page 1677]]
118 STAT. 1677

Atmospheric Administration, the National Institute of Standards and
Technology, the Federal Emergency Management Agency, and other Federal
agencies as appropriate. The Director shall designate an agency to serve
as Chair of the Working Group and be responsible for the planning,
management, and coordination of the Program, including budget
coordination. Specific agency roles and responsibilities under the
Program shall be defined in the implementation plan required under
subsection (e). General agency responsibilities shall include the
following:
(1) The National Institute of Standards and Technology shall
support research and development to improve building codes and
standards and practices for design and construction of
buildings, structures, and lifelines.
(2) The National Science Foundation shall support research
in engineering and the atmospheric sciences to improve the
understanding of the behavior of windstorms and their impact on
buildings, structures, and lifelines.
(3) The National Oceanic and Atmospheric Administration
shall support atmospheric sciences research to improve the
understanding of the behavior of windstorms and their impact on
buildings, structures, and lifelines.
(4) The Federal Emergency Management Agency shall support
the development of risk assessment tools and effective
mitigation techniques, windstorm-related data collection and
analysis, public outreach, information dissemination, and
implementation of mitigation measures consistent with the
Agency's all-hazards approach.

(d) Program Components.--
(1) In general.--The Program shall consist of three primary
mitigation components: improved understanding of windstorms,
windstorm impact assessment, and windstorm impact reduction. The
components shall be implemented through activities such as data
collection and analysis, risk assessment, outreach, technology
transfer, and research and development. To the extent
practicable, research activities authorized under this title
shall be peer-reviewed, and the components shall be designed to
be complementary to, and avoid duplication of, other public and
private hazard reduction efforts.
(2) Understanding of windstorms.--Activities to enhance the
understanding of windstorms shall include research to improve
knowledge of and data collection on the impact of severe wind on
buildings, structures, and infrastructure.
(3) Windstorm impact assessment.--Activities to improve
windstorm impact assessment shall include--
(A) development of mechanisms for collecting and
inventorying information on the performance of
buildings, structures, and infrastructure in windstorms
and improved collection of pertinent information from
sources, including the design and construction industry,
insurance companies, and building officials;
(B) research, development, and technology transfer
to improve loss estimation and risk assessment systems;
and
(C) research, development, and technology transfer
to improve simulation and computational modeling of
windstorm impacts.
(4) Windstorm impact reduction.--Activities to reduce
windstorm impacts shall include--


[[Page 1678]]
118 STAT. 1678

(A) development of improved outreach and
implementation mechanisms to translate existing
information and research findings into cost-effective
and affordable practices for design and construction
professionals, and State and local officials;
(B) development of cost-effective and affordable
windstorm-resistant systems, structures, and materials
for use in new construction and retrofit of existing
construction; and
(C) outreach and information dissemination related
to cost-effective and affordable construction
techniques, loss estimation and risk assessment
methodologies, and other pertinent information regarding
windstorm phenomena to Federal, State, and local
officials, the construction industry, and the general
public.

(e) NOTE: Deadline.  Implementation Plan.--Not later than 1 year
after date of enactment of this title, the Interagency Working Group
shall develop and transmit to the Congress an implementation plan for
achieving the objectives of the Program. The plan shall include--
(1) an assessment of past and current public and private
efforts to reduce windstorm impacts, including a comprehensive
review and analysis of windstorm mitigation activities supported
by the Federal Government;
(2) a description of plans for technology transfer and
coordination with natural hazard mitigation activities supported
by the Federal Government;
(3) a statement of strategic goals and priorities for each
Program component area;
(4) a description of how the Program will achieve such
goals, including detailed responsibilities for each agency; and
(5) a description of plans for cooperation and coordination
with interested public and private sector entities in each
program component area.

(f) Biennial Report.--The Interagency Working Group shall, on a
biennial basis, and not later than 180 days after the end of the
preceding 2 fiscal years, transmit a report to the Congress describing
the status of the windstorm impact reduction program, including progress
achieved during the preceding two fiscal years. Each such report shall
include any recommendations for legislative and other action the
Interagency Working Group considers necessary and appropriate. In
developing the biennial report, the Interagency Working Group shall
consider the recommendations of the Advisory Committee established under
section 205.

SEC. 205. NOTE: 42 USC 15704. NATIONAL ADVISORY COMMITTEE ON
WINDSTORM IMPACT REDUCTION.

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


[[Page 1679]]
118 STAT. 1679

(2) the effectiveness of the Program in carrying out the
activities under section 204(d);
(3) the need to revise the Program; and
(4) the management, coordination, implementation, and
activities of the Program.

(c) Biennial Report.--At least once every two years, the Advisory
Committee shall report to Congress and the Interagency Working Group on
the assessment carried out under subsection (b).
(d) Sunset Exemption.--Section 14 of the Federal Advisory Committee
Act shall not apply to the Advisory Committee established under this
section.

SEC. 206. SAVINGS CLAUSE. NOTE: 42 USC 15705.

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

SEC. 207. AUTHORIZATION OF APPROPRIATIONS. NOTE: 42 USC 15706.

(a) Federal Emergency Management Agency.--There are authorized to be
appropriated to the Federal Emergency Management Agency for carrying out
this title--
(1) $8,700,000 for fiscal year 2006;
(2) $9,400,000 for fiscal year 2007; and
(3) $9,400,000 for fiscal year 2008.

(b) National Science Foundation.--There are authorized to be
appropriated to the National Science Foundation for carrying out this
title--
(1) $8,700,000 for fiscal year 2006;
(2) $9,400,000 for fiscal year 2007; and
(3) $9,400,000 for fiscal year 2008.

(c) National Institute of Standards and Technology.--There are
authorized to be appropriated to the National Institute of Standards and
Technology for carrying out this title--
(1) $3,000,000 for fiscal year 2006;
(2) $4,000,000 for fiscal year 2007; and
(3) $4,000,000 for fiscal year 2008.

(d) National Oceanic and Atmospheric Administration.--There are
authorized to be appropriated to the National Oceanic and Atmospheric
Administration for carrying out this title--
(1) $2,100,000 for fiscal year 2006;
(2) $2,200,000 for fiscal year 2007; and
(3) $2,200,000 for fiscal year 2008.

SEC. 208. BIENNIAL REPORT.

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


[[Page 1680]]
118 STAT. 1680

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

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

TITLE III--COMMERCIAL SPACE TRANSPORTATION

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

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

Approved October 25, 2004.

LEGISLATIVE HISTORY--H.R. 2608:
---------------------------------------------------------------------------

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