[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Pages S9717-S9720]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON, of Florida:
  S. 3638. A bill to reauthorize the National Windstorm Impact 
Reduction Program, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. NELSON of Florida. Mr. President, I rise today to introduce 
legislation on a subject that is never far from the minds of citizens 
in my home State of Florida and others living along our coasts and in 
tornado alley: the threat of windstorms, and the havoc that these 
events can wreak on our communities.
  We were all transfixed by the non-stop news coverage as Hurricanes 
Gustav and Ike grew into monster storms and crossed the Caribbean and 
Gulf of Mexico, leaving a trail of misery in their wake. In Florida 
this year, these storms, along with Tropical Storm Fay and Hurricane 
Hanna, reminded us of our vulnerability in the face of Mother Nature. 
We are not out of the woods yet. Hurricane season lasts for another two 
months, and other severe storms can generate damaging tornadoes at any 
time of year. In fact, more than 2,000 tornadoes had hit the United 
States by mid-September, causing more than 120 fatalities and making 
2008 the deadliest year for windstorm-related fatalities in a decade.
  Although windstorms are a perpetual hazard, particularly in Florida, 
we have learned a great deal from these events and have taken steps to 
make our homes, businesses, and infrastructure more resilient. In 1992, 
Hurricane Andrew devastated South Florida and revealed a number of 
problems with how we designed and constructed buildings in areas 
subject to high winds. The lessons learned from Andrew drove the 
adoption of stronger buiding codes in Miami-Dade and Broward counties 
in 1994, codes that still serve as models for the Nation. In 2001, 
Florida's State legislature adopted a statewide building code, which 
made building requirements stronger and more consistent across the 
state.
  These actions have already started paying dividends. In 2004, when 
Hurricane Charley made landfall near Captiva Island as a Category 4 
hurricane, communities across Southwest Florida suffered tremendous 
damage from high winds and floodwaters. In Charlotte County alone, the 
Federal Emergency Management Agency, FEMA, estimated that 80 percent of 
the buildings were damaged and all mobile homes were destroyed. Across 
the Florida peninsula, 30 deaths were linked to the storm and property 
damage was estimated at $14.6 billion. But there was some positive news 
to be found amongst the devastation. Government and private-sector 
experts who reviewed Charley's damage found that homes designed and 
constructed with the stronger, post-Andrew building codes performed 
well, even in Punta Gorda, one of the hardest-hit areas. There can be 
no doubt that many lives were saved and millions in additional damages 
were avoided as a direct consequence of earlier decisions to build 
stronger and safer.
  While our experience in Charley shows that we are on the right track 
in antiipating and avoiding windstorm impacts, we cannot rest on our 
laurels. Millions in Florida and across our Nation live in structures 
built either before there was a building code in effect or before 
important wind-resistant materials and practices became required. Much 
work remains to find feasible and cost-effective ways to retrofit these 
older structures, and to educate our citizens on the need to take 
actions now to reduce their vulnerability to future windstorms.
  To help address these outstanding needs, I am introducing the 
National Windstorm Impact Reduction Reauthorization Act of 2008. This 
legislation would extend and enhance the National Windstorm Impact 
Reduction program, the primary goal of which is to achieve major, 
measurable reductions in losses of life and property from windstorms.
  This is a program that I have a long history of supporting. In July 
2004--just weeks before four hurricanes, Charley, Frances, Ivan, and 
Jeanne struck my State--I introduced the National Windstorm Impact 
Reduction Act of 2004. This bill sought to focus the Federal efforts to 
identify wind hazards and assess and mitigate windstorm impacts. In the 
wake of the 2004 hurricanes, Congress saw the need to better coordinate 
and invest in wind-related research and mitigation, and passed separate 
legislation establishing NWIRP in October of that year. At that time, 
Congress's vision was for NWIRP to improve our understanding of 
windstorms and then mitigate potential impacts through nationwide data 
collection and analysis, risk assessment, outreach, technology 
transfer, and research and development.
  Since its enactment in 2004, NWIRP has struggled to get off of the 
ground. The Bush Administration has not adequately supported the 
development and implementation of the program, failing to request any 
appropriations for

[[Page S9718]]

NWIRP activities at the primary agencies: the National Institute of 
Standards and Technology, the National Science Foundation, the National 
Oceanic and Atmospheric Administration and FEMA. Despite explicit 
language from Congress in its report accompanying the fiscal year 2008 
omnibus appropriations bill, the Administration has refused to allocate 
the more than $11 million designated for NWIRP. I find this lack of 
cooperation on NWIRP, a program that can help save lives and avoid 
property damage, to be particularly troubling as millions of people on 
the Gulf Coast and in Florida struggle to recover from recent 
hurricanes.
  While I will continue my efforts to obtain additional funding for 
NWIRP, Congress must help by extending the program past its expiration 
on September 30th of this year. My legislation would extend NWIRP 
through 2013, and make several other programmatic changes that are 
needed to put the program on a stronger footing moving forward.
  I propose shifting primary authority and responsibility for managing 
NWIRP from the President's Office of Science and Technology Policy to 
NIST, an agency that has excelled in leading the National Earthquake 
Hazards Reduction Program since 2004. My legislation would also clarify 
the roles and responsibilities of all Federal agencies participating on 
NWIRP's Interagency Working Group on Windstorm Impact Reduction. Three 
Federal agencies with current missions that provide valuable data or 
expertise that support NWIRP's goals will be added to the program, 
namely the Department of Transportation, National Aeronautics and Space 
Administration, and U.S. Army Corps of Engineers. Lastly, the 
legislation would set a deadline for NIST to assemble the National 
Advisory Committee on Windstorm Impact Reduction, a group charged with 
providing guidance to NIST and the Interagency Working Group on 
windstorm-related research, mitigation, outreach, and other program 
priorities. The Advisory Committee will include representatives from a 
broad array of NWIRP stakeholders, including state and local 
governments and experts from the research, technology transfer, 
building design and construction, insurance, and finance communities.
  I did not want to return to Florida this fall without taking action 
to keep us focused on reducing the impacts of windstorms on our 
citizens and our economy. That is why I felt it important to propose 
this legislation to extend, revamp, and revitalize the National 
Windstorm Impact Reduction Program.
  In closing, I would like to recognize the efforts of Representative 
Dennis Moore of Kansas, who is introducing a companion measure in the 
U.S. House of Representatives today. Kansas is particularly vulnerable 
to the devastation that tornados and hailstorms can cause, so I know 
that he shares my desire to ensure that our constituents have 
innovative, effective, and affordable tools available to help reduce 
their vulnerability to windstorms. I also understand that three members 
of the Florida delegation in the House, Representatives Alcee Hastings, 
Ileana Ros-Lehtinen, and Mario Diaz-Balart, are original cosponsors of 
Representative Moore's bill. In addition to demonstrating how important 
this legislation is to the State of the Florida and the Nation, I 
welcome the bipartisan support that these cosponsors provide. I look 
forward to working with Chairman Inouye, Ranking Member Hutchison and 
the other members of the Senate Committee on Commerce, Science, and 
Transportation to debate this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3638

       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:

[[Page S9719]]

       ``(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.

[[Page S9720]]

       ``(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.''.
                                 ______