[Congressional Record Volume 150, Number 127 (Friday, October 8, 2004)]
[House]
[Pages H9020-H9024]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM REAUTHORIZATION ACT OF 
                                  2004

  Mr. SMITH of Michigan. Mr. Speaker, I ask unanimous consent to take 
from the Speaker's table the bill (H.R. 2608) to reauthorize the 
National Earthquake Hazards Reduction Program, and for other purposes, 
with a Senate amendment thereto, and concur in the Senate amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendment, as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:

     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--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).''.

     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--

[[Page H9021]]

       ``(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, 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 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:
       ``(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.'';
       (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

[[Page H9022]]

     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);
       (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);
       (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.

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

     SEC. 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.

     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

[[Page H9023]]

     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 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--
       (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.

     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;
       (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.

       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.

       (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''.

     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.''.

  Mr. SMITH of Michigan (during the reading). Mr. Speaker, I ask 
unanimous consent that the Senate amendment be considered as read and 
printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from Michigan?
  There was no objection.
  A motion to reconsider was laid on the table.

[[Page H9024]]

  Mr. SMITH of Michigan. Mr. Speaker, H.R. 2608 authorizes two 
important interagency programs to coordinate the federal government's 
efforts to mitigate the loss of life and property from earthquakes and 
windstorms. I'd like to thank Congressman Neugebauer for all of his 
hard work and effort as the author and driving force behind the 
National Windstorm Impact Reduction Program. I'd also like to thank 
Congressman Lofgren for helping me craft the National Earthquake 
Hazards Reduction Program reauthorization and shepherding it through 
the legislative process.
  Damaging earthquakes are inevitable, however infrequent they may be. 
Total annualized damages from earthquakes in the United States are 
estimated to be about $4.4 billion in direct financial losses. The 1994 
Northridge earthquake in California (magnitude 6.7) was the most costly 
in U.S. history, causing over $40 billion in damages.
  Further, all or parts of 39 states are within zones where the 
probability of an earthquake occurring is great. Recent research 
indicates that areas in the eastern and central United States are at 
greater risk of earthquake occurrence than earlier evidence indicated. 
The threat from earthquakes is constant and far reaching. Indeed, 
earthquakes are clearly not just a state or regional problem, but a 
nationwide problem, demanding nationwide mitigation. Accordingly, the 
federal government mitigates earthquakes through the comprehensive 
National Earthquake Hazards Reduction Program, also known as ``NEHRP''.
  Over the past week, significant earthquake events in California and 
Washington have garnered our attention and concern. NEHRP-supported 
monitoring equipment managed by the U.S. Geological Survey and the 
national Science Foundation have resulted in an unprecedented harvest 
of data from both the Mr. St. Helens volcanic activity as well as the 
6.0 Parkfield Earthquake on the San Andreas Fault. This information 
will undoubtedly lead to important advances in our understanding of 
earthquakes, and ultimately in our ability to prepare for and respond 
to them.
  But much room for improvement still exists. Our vulnerability to 
earthquakes continues to increase. Widespread developments still occurs 
unabated in areas of high seismic risk. Despite the existence of new 
knowledge and tools produced by the program, development, adoption, and 
enforcement of pertinent building codes have been incremental and 
slower than expected. The private sector has not had adequate 
incentives, and state and local governments have generally not had 
adequate budgets, to adopt NEHRP innovations.
  It is clear that NEHRP needs to be strengthened. Several aspects of 
program leadership and coordination continue to be an ongoing problem. 
Knowledge and awareness of these needs within the Office of Management 
and Budget, relevant appropriators--and even to some degree NEHRP 
agencies--has been too low. Many outside of the small community of 
earthquake interests are unaware that this coordinated effort even 
exists. These factors are addressed in the legislation before us today.

                                    U.S. House of Representatives,


                                         Committee on Science,

                                  Washington, DC, October 8, 2004.
     Hon. Don Young,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Washington, DC.
       Dear Mr. Chairman: I appreciate your support for the Senate 
     amendment to H.R. 2608, the National Earthquake Hazards 
     Reduction Program Reauthorization Act of 2004. As your letter 
     indicates, the Senate amendment includes provisions from both 
     the House version of H.R. 2608 and H.R. 3980, the National 
     Windstorm Impact Reduction Act of 2004.
       I agree that by permitting this bill to be brought before 
     the House and not objecting to its passage by unanimous 
     consent, the Committee on Transportation and Infrastructure 
     does not waive its jurisdiction over certain provisions of 
     H.R. 2608, as amended by the Senate.
       Thank you for your consideration regarding this matter.
           Sincerely,
                                             Sherwood L. Boehlert,
                                                        Chairman. 
                                    U.S. House of Representatives,


               Committee on Transportation and Infrastructure,

                                  Washington, DC, October 8, 2004.
     Hon. Sherwood Boehlert,
     Chairman, Committee on Science,
     House of Representatives,
     Washington, DC.
       Dear Chairman Boehlert: I understand that H.R. 2608, the 
     National Earthquake Reduction Program Reauthorization Act of 
     2004 has just passed the Senate and incorporates provisions 
     contained in H.R. 3980, the National Windstorm Impact 
     Reduction Act of 2004.
       I note that in Title I of H.R. 2608, as amended by the 
     Senate, the Director of the Federal Emergency Management 
     Agency is directed to: ``operate a program of grants and 
     assistance which would enable States to develop 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.''
       As you know, both of these measures contain provisions 
     within the jurisdiction of the Transportation and 
     Infrastructure Committee. I recognize your desire to bring 
     these important matters before the House in an expeditious 
     manner and I, therefore, do not object to passing them by 
     unanimous consent. By agreeing to this, however, the 
     Committee on Transportation and Infrastructure does not waive 
     its jurisdiction over H.R. 2608, as amended by the Senate.
       I would appreciate it if you would place a copy of this 
     letter and your response in the Congressional Record when the 
     bill is considered on the House Floor. I would also like to 
     incorporate into this letter, by reference, the letter 
     included in the Record when the House of Representatives 
     considered H.R. 3980 on July 7th and 8th, 2004.
       Thank you for your cooperation in this matter.
           Sincerely,
                                                        Don Young,
                                                         Chairman.

     

                          ____________________