[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3638 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3638

To reauthorize the National Windstorm Impact Reduction Program, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 26 (legislative day, September 17), 2008

  Mr. Nelson of Florida introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
To reauthorize the National Windstorm Impact 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. SHORT TITLE.

    This Act may be cited as the ``National Windstorm Impact Reduction 
Reauthorization Act of 2008''.

SEC. 2. FINDINGS.

    Section 202 of the National Windstorm Impact Reduction Act of 2004 
(42 U.S.C. 15701) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively;
            (2) by inserting after paragraph (2) the following:
            ``(3) Global climate variability and climate change may 
        alter the frequency and intensity of severe windstorm events, 
        but further research is needed to identify any such linkages 
        and, if appropriate, to incorporate climate-related impacts 
        into windstorm risk and vulnerability assessments and 
        mitigation activities.''; and
            (3) in paragraph (5), as redesignated, by striking 
        ``interagency coordination'' and inserting ``coordination among 
        Federal agencies and with State and local governments''.

SEC. 3. DEFINITIONS.

    (a) Director.--Section 203(1) of the National Windstorm Impact 
Reduction Act of 2004 (42 U.S.C. 15702(1)) is amended by striking 
``Office of Science and Technology Policy'' and inserting ``National 
Institute of Standards and Technology''.
    (b) Interagency Working Group.--Section 203 of such Act (42 U.S.C. 
15702) is amended--
            (1) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) Interagency working group.--The term `Interagency 
        Working Group' means the Interagency Working Group on Wind 
        Impact Reduction established pursuant to section 204(f).''.

SEC. 4. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM.

    (a) Lead Federal Agency.--Section 204 of the National Windstorm 
Impact Reduction Act of 2004 (42 U.S.C. 15703) is amended--
            (1) by striking subsection (c);
            (2) by redesignating subsection (d) as subsection (c); and
            (3) by inserting after subsection (c), as redesignated, the 
        following:
    ``(d) Lead Federal Agency.--The National Institute of Standards and 
Technology shall be the lead Federal agency for planning, management, 
and coordination of the Program. In carrying out this subsection, the 
Director shall--
            ``(1) establish a Program Office, which shall be under the 
        direction of a full-time Program Director, to provide the 
        planning, management, and coordination functions described in 
        subsection (e);
            ``(2) in conjunction with other Program agencies, prepare 
        an annual budget for the Program, which shall be submitted to 
        the Office of Management and Budget and shall include, for each 
        Program agency and for each major goal established for the 
        Program components under subsection (c)--
                    ``(A) the Program budget for the current fiscal 
                year; and
                    ``(B) the proposed Program budget for the 
                subsequent fiscal year;
            ``(3) facilitate the preparation of the Interagency Working 
        Group's biennial report to Congress and the National Science 
        and Technology Council under subsection (j);
            ``(4) support research and development to improve building 
        codes, standards, and practices for design and construction of 
        buildings, structures, and lifelines;
            ``(5) in conjunction with the Federal Emergency Management 
        Agency, work closely with national standards and model building 
        code organizations to promote the implementation of research 
        results;
            ``(6) in partnership with other Federal agencies, State and 
        local governments, academia, and the private sector, support--
                    ``(A) the organization and deployment of 
                comprehensive, discipline-oriented interagency teams to 
                investigate major windstorm events; and
                    ``(B) the gathering, publishing, and archiving of 
                collected data and analysis results; and
            ``(7) participate in, coordinate, or support, as needed, 
        other Program mitigation activities authorized under subsection 
        (c).''.
    (b) Program Office Duties.--Section 204 of such Act, as amended by 
subsection (a), is further amended--
            (1) by striking subsection (e);
            (2) by redesignating subsection (f) as subsection (j); and
            (3) by inserting after subsection (d), as added by 
        subsection (a)(3) of this Act, the following:
    ``(e) Program Office.--The Program Office established under 
subsection (d)(1) shall--
            ``(1) ensure that all statutory requirements, including 
        reporting requirements, are met in accordance with this Act;
            ``(2) ensure coordination and synergy across the Program 
        agencies in meeting the strategic goals and objectives of the 
        Program;
            ``(3) implement an outreach program to identify and build 
        effective partnerships with stakeholders in the construction 
        and insurance industries, Federal, State, and local 
        governments, academic and research institutions, and non-
        governmental entities, such as standards, codes, and technical 
        organizations;
            ``(4) conduct studies on cross-cutting planning issues, 
        particularly those that are significant for the development and 
        updating of the strategic plan required under subsection (i); 
        and
            ``(5) conduct analysis and evaluation studies to measure 
        the progress and results achieved in meeting the strategic 
        goals and objectives of the Program.''.
    (c) Interagency Working Group.--Section 204 of such Act (42 U.S.C. 
15703) is further amended by inserting after subsection (e), as added 
by subsection (b)(3) of this Act, the following:
    ``(f) Interagency Working Group.--
            ``(1) In general.--There is established an Interagency 
        Working Group on Wind Impact Reduction, which shall report to 
        the Director.
            ``(2) Purpose.--The primary purpose of the Interagency 
        Working Group is to coordinate activities and facilitate better 
        communication among the Program agencies in reducing the 
        impacts of windstorms.
            ``(3) Duties.--The Interagency Working Group shall--
                    ``(A) facilitate Program planning, analysis, and 
                evaluation;
                    ``(B) facilitate coordination and synergy among 
                Program agencies in meeting the strategic goals and 
                objectives of the Program;
                    ``(C) prepare the coordinated interagency budget 
                for the Program;
                    ``(D) prepare the interim working plan required 
                under subsection (h);
                    ``(E) prepare the strategic plan with stakeholder 
                input required under subsection (i);
                    ``(F) prepare the biennial report to Congress and 
                the National Science and Technology Council required 
                under subsection (j);
                    ``(G) work with States, local governments, non-
                governmental organizations, industry, academia, and 
                research institutions, as appropriate; and
                    ``(H) in partnership with State and local 
                governments, academia, and the private sector, 
                facilitate--
                            ``(i) the organization and deployment of 
                        comprehensive discipline-oriented interagency 
                        teams to investigate major windstorm events; 
                        and
                            ``(ii) the gathering, publishing, and 
                        archiving of collected data and analysis 
                        results.
            ``(4) Membership.--The Interagency Working Group shall be 
        comprised of 1 representative from--
                    ``(A) the National Institute of Standards and 
                Technology;
                    ``(B) the National Science Foundation;
                    ``(C) the National Oceanic and Atmospheric 
                Administration;
                    ``(D) the Federal Emergency Management Agency;
                    ``(E) the Department of Transportation;
                    ``(F) the National Aeronautics and Space 
                Administration;
                    ``(G) the United States Army Corps of Engineers;
                    ``(H) the Office of Science and Technology Policy; 
                and
                    ``(I) the Office of Management and Budget.
            ``(5) Chair.--The Program Director referred to in 
        subsection (d)(1) shall chair the Interagency Working Group.
            ``(6) Duties of the chair.--The Chair shall--
                    ``(A) convene at least 4 Interagency Working Group 
                meetings per year, the first of which shall be convened 
                not later than 90 days after the date of the enactment 
                of the National Windstorm Impact Reduction 
                Reauthorization Act of 2008;
                    ``(B) ensure the timely submission of the 
                Interagency Working Group's biennial report to Congress 
                and the National Science and Technology Council 
                required under subsection (j); and
                    ``(C) carry out such other duties as may be 
                necessary to carry out this Act.''.
    (d) Program Agencies.--Section 204 of such Act (42 U.S.C. 15703) is 
further amended by inserting after subsection (f), as added by 
subsection (c) of this Act, the following:
    ``(g) Program Agencies.--
            ``(1) National science foundation.--The National Science 
        Foundation shall support research in engineering and the 
        atmospheric sciences to improve the understanding of the 
        behavior of windstorms and the impact of windstorms on 
        buildings, structures, and lifelines.
            ``(2) National oceanic and atmospheric administration.--The 
        National Oceanic and Atmospheric Administration shall support 
        atmospheric sciences research to improve the understanding of 
        the behavior of windstorms and the impact of windstorms on 
        buildings, structures, and lifelines through wind observations, 
        modeling, and analysis.
            ``(3) Federal emergency management agency.--The Federal 
        Emergency Management Agency shall support--
                    ``(A) the development of risk assessment tools, 
                effective mitigation techniques, and related guidance 
                documents and products;
                    ``(B) windstorm-related data collection and 
                analysis;
                    ``(C) evacuation planning;
                    ``(D) public outreach and information 
                dissemination; and
                    ``(E) the implementation of mitigation measures 
                consistent with the Federal Emergency Management 
                Agency's all-hazards approach.
            ``(4) Department of transportation.--The Department of 
        Transportation shall--
                    ``(A) support research aimed at understanding, 
                measuring, predicting, and designing for wind effects 
                on transportation infrastructure, including bridges; 
                and
                    ``(B) assist in evacuation planning.
            ``(5) National aeronautics and space administration.--The 
        National Aeronautics and Space Administration shall support--
                    ``(A) research to improve understanding of the 
                regional and global behavior of windstorms; and
                    ``(B) dissemination and utilization of 
                observational data from existing satellites and 
                sensors, forecasts, and other analytical products that 
                can aid in reducing windstorm impacts.
            ``(6) United states army corps of engineers.--The United 
        States Army Corps of Engineers shall--
                    ``(A) support research to improve understanding of 
                wind effects on storm surge and other flooding; and
                    ``(B) support the development of evacuation plans 
                and other activities or tools to reduce the potential 
                for loss of life or structure damage resulting from 
                windstorms.''.
    (e) Interim Working Plan; Strategic Plan.--Section 204 of such Act 
(42 U.S.C. 15703) is further amended by inserting after subsection (g), 
as added by subsection (d) of this Act, the following:
    ``(h) Interim Working Plan.--Not later than 6 months after the date 
of the enactment of this subsection, the Interagency Working Group 
shall submit to Congress an interim working plan that will guide the 
implementation of Program operations until the approval of the 
strategic plan under subsection (i).
    ``(i) Strategic Plan.--
            ``(1) In general.--Not later than 18 months after the date 
        of the enactment of this subsection, the Interagency Working 
        Group shall submit to Congress a strategic plan for achieving 
        the objectives of the Program.
            ``(2) Contents.--The strategic plan shall include--
                    ``(A) strategic goals and objectives for each 
                Program component area to be achieved in the areas of 
                data collection and analysis, risk assessment, 
                outreach, technology transfer, and research and 
                development;
                    ``(B) an assessment of the strategic priorities 
                required to fill critical gaps in knowledge and 
                practice to ensure reduction in future windstorm 
                impacts based on a review of past and current public 
                and private sector efforts, including windstorm 
                mitigation activities supported by the Federal 
                Government;
                    ``(C) measurable outputs and outcomes to achieve 
                the strategic goals and objectives;
                    ``(D) a description of how the Program will achieve 
                such goals and objectives including detailed 
                responsibilities for each Program agency; and
                    ``(E) plans for cooperation and coordination with 
                interested public and private sector entities in each 
                Program component area.
            ``(3) Initial development.--The strategic plan--
                    ``(A) shall be developed with stakeholder input; 
                and
                    ``(B) shall not be initially required to be 
                reviewed by the National Advisory Committee on 
                Windstorm Impact Reduction.
            ``(4) Regular updates.--Not less frequently than once every 
        3 years, the strategic plan--
                    ``(A) shall be updated with stakeholder input; and
                    ``(B) shall be reviewed by the National Advisory 
                Committee on Windstorm Impact Reduction.''.
    (f) Biennial Report.--Section 204(j) of such Act, as redesignated 
by subsection (b)(2), is amended to read as follows:
    ``(j) Biennial Report.--The Interagency Working Group, on a 
biennial basis, and not later than 90 days after the end of the 
preceding 2 fiscal years, shall--
            ``(1) after considering the recommendations of the advisory 
        committee established under section 205, prepare a biennial 
        report that describes the status of the Program, including--
                    ``(A) Program activities and progress achieved 
                during the preceding 2 fiscal years in meeting goals 
                established for each Program component under subsection 
                (c);
                    ``(B) challenges and impediments to the fulfillment 
                of the Program's objectives; and
                    ``(C) any recommendations for legislative and other 
                action the Interagency Working Group considers 
                necessary and appropriate; and
            ``(2) submit the report prepared under paragraph (1) to 
        Congress and the National Science and Technology Council.''.

SEC. 5. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION.

    (a) In General.--Section 205(a) of the National Windstorm Impact 
Reduction Act of 2004 (42 U.S.C. 15704(a)) is amended by striking ``The 
Director'', and inserting ``Not later than 6 months after the date of 
the enactment of the National Windstorm Impact Reduction 
Reauthorization Act of 2008, the Director''.
    (b) Conforming Amendment.--Section 205(b)(2) of such Act (42 U.S.C. 
15704(b)(2)) is amended by striking ``section 204(d)'' and inserting 
``section 204(c)''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    Section 207 of the National Windstorm Impact Reduction Act of 2004 
(42 U.S.C. 15706) is amended to read as follows:

``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated 
$30,000,000 for each of the fiscal years 2009 through 2013 to carry out 
this Act, of which not greater than--
            ``(1) $5,000,000 shall be allocated for the National 
        Institute of Standards and Technology;
            ``(2) $9,400,000 shall be allocated for the National 
        Science Foundation;
            ``(3) $2,200,000 shall be allocated for the National 
        Oceanic and Atmospheric Administration;
            ``(4) $9,400,000 shall be allocated for the Federal 
        Emergency Management Agency;
            ``(5) $1,333,333 shall be allocated for the Department of 
        Transportation;
            ``(6) $1,333,333 shall be allocated for the National 
        Aeronautics and Space Administration; and
            ``(7) $1,333,333 shall be allocated for the United States 
        Army Corps of Engineers.
    ``(b) Authorization for Program Planning, Management, and 
Coordination.--
            ``(1) Lead agency.--From the amounts appropriated for the 
        National Institute of Standards and Technology pursuant to 
        subsection (a)(1)--
                    ``(A) up to $1,000,000 may be allocated for 
                carrying out the lead agency planning, management, and 
                coordination functions assigned to the National 
                Institute of Standards and Technology under section 
                204(d); and
                    ``(B) not greater than 8 percent of such amounts 
                may be allocated for managing the National Institute of 
                Standards and Technology assigned research and 
                development responsibilities.
            ``(2) Other program agencies.--From the amounts 
        appropriated to each of the Program agencies under paragraphs 
        (2) through (7) of subsection (a), not greater than 8 percent 
        may be allocated to each such agency for carrying out planning, 
        management, and coordination functions assigned to such agency 
        under this Act, including participation in the Interagency 
        Working Group.
    ``(c) Remainder Authorized for Program Activities.--Any amounts 
appropriated pursuant to subsection (a) that are not allocated under 
subsection (b) shall be allocated to Program activities carried out in 
accordance with the objectives of the Program, including--
            ``(1) data collection and analysis;
            ``(2) risk assessment;
            ``(3) outreach;
            ``(4) technology transfer; and
            ``(5) research and development.''.
                                 <all>