Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?


108th Congress                                            Rept. 108-575
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1
======================================================================
 
            NATIONAL WINDSTORM IMPACT REDUCTION ACT OF 2004

                                _______
                                

                 June 28, 2004.--Ordered to be printed

                                _______
                                

  Mr. Boehlert, from the Committee on Science, submitted the following

                              R E P O R T

                        [To accompany H.R. 3980]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Science, to whom was referred the bill (H.R. 
3980) to establish a National Windstorm Impact Reduction 
Program, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................1
  II. Purpose of the Bill.............................................4
 III. Background and Need for the Legislation.........................5
  IV. Summary of Hearings.............................................7
   V. Committee Actions...............................................8
  VI. Summary of Major Provisions of the Bill.........................9
 VII. Section-by-Section Analysis (by Title and Section)..............9
VIII. Committee Views................................................12
  IX. Exchange of Committee Correspondence...........................13
   X. Cost Estimate..................................................14
  XI. Congressional Budget Office Cost Estimate......................14
 XII. Compliance with Public Law 104-4 (Unfunded Mandates)...........15
XIII. Committee Oversight Findings and Recommendations...............15
 XIV. Statement on General Performance Goals and Objectives..........16
  XV. Constitutional Authority Statement.............................16
 XVI. Federal Advisory Committee Statement...........................16
XVII. Congressional Accountability Act...............................16
XVIII.Statement on Preemption of State, Local, or Tribal Law.........16

 XIX. Changes in Existing Law Made by the Bill, as Reported..........16
  XX. Committee Recommendations......................................17
 XXI. Proceedings of the Full Committee Markup.......................19

                              I. Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. 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. 3. DEFINITIONS.

  In this Act:
          (1) The term ``Director'' means the Director of the Office of 
        Science and Technology Policy.
          (2) 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.
          (3) The term ``windstorm'' means any storm with a damaging or 
        destructive wind component, such as a hurricane, tropical 
        storm, tornado, or thunderstorm.

SEC. 4. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM.

  (a) Establishment.--There is established the National Windstorm 
Impact Reduction Program (in this Act referred to as the ``Program'').
  (b) Objective.--The objective of the Program is the achievement of 
major measurable reductions in losses of life and property from 
windstorms. The objective is to be achieved through a coordinated 
Federal effort, in cooperation with other levels of government, 
academia, and the private sector, aimed at improving the understanding 
of windstorms and their impacts and developing and encouraging 
implementation of 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 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, and information dissemination.
  (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 
        Act 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 Act, 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 statement of strategic goals and priorities for each 
        Program component area;
          (3) a description of how the Program will achieve such goals, 
        including detailed responsibilities for each agency; and
          (4) 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 5.

SEC. 5. 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 4(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. 6. SAVINGS CLAUSE.

  Nothing in this Act 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 Act 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. 7. AUTHORIZATION OF APPROPRIATIONS.

  (a) Federal Emergency Management Agency.--From sums otherwise 
authorized to be appropriated, there are authorized to be appropriated 
to the Federal Emergency Management Agency for carrying out this Act--
          (1) $8,000,000 for fiscal year 2005;
          (2) $8,700,000 for fiscal year 2006; and
          (3) $9,400,000 for fiscal year 2007.
  (b) National Science Foundation.--From sums otherwise authorized to 
be appropriated, there are authorized to be appropriated to the 
National Science Foundation for carrying out this Act--
          (1) $8,000,000 for fiscal year 2005;
          (2) $8,700,000 for fiscal year 2006; and
          (3) $9,400,000 for fiscal year 2007.
  (c) National Institute of Standards and Technology.--From sums 
otherwise authorized to be appropriated, there are authorized to be 
appropriated to the National Institute of Standards and Technology for 
carrying out this Act--
          (1) $2,000,000 for fiscal year 2005;
          (2) $3,000,000 for fiscal year 2006; and
          (3) $4,000,000 for fiscal year 2007.
  (d) National Oceanic and Atmospheric Administration.--From sums 
otherwise authorized to be appropriated, there are authorized to be 
appropriated to the National Oceanic and Atmospheric Administration for 
carrying out this Act--
          (1) $2,000,000 for fiscal year 2005;
          (2) $2,100,000 for fiscal year 2006; and
          (3) $2,200,000 for fiscal year 2007.

SEC. 8. 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''.

                        II. Purpose of the Bill

    The purpose of the bill is to establish an interagency 
National Windstorm Impact Reduction Program to improve 
understanding of windstorm impacts, improve windstorm impact 
assessment, and develop and encourage implementation of 
mitigation measures to reduce those impacts.

              III. Background and Need for the Legislation

    High winds can easily destroy commercial and residential 
structures. Hurricanes can reach constant wind speeds greater 
than 155 miles per hour and extend outward as far as 400 miles. 
While the National Weather Service is able to detect hurricanes 
days before they make landfall, predicting when, where, and 
with what force a hurricane will hit remains an inexact 
science.
    Tornadoes generally occur near the trailing edge of a 
thunderstorm, though they are also often produced by 
hurricanes. Tornado winds can reach up to 300 miles per hour 
and can be powerful enough to lift homes off foundations. 
Tornadoes are much more difficult to detect than hurricanes 
with an average lead-time for warnings of only 12 minutes. This 
makes evacuation nearly impossible, a factor that led to the 
development and implementation of in-residence tornado 
shelters.
    For both hurricanes and tornadoes, proper construction of 
buildings is essential to saving lives and reducing property 
damage. Therefore, it is essential to promote research into how 
windstorms impact buildings and how to produce the materials 
and components needed to survive impact. Technology transfer 
efforts should also be strengthened to make sure architects, 
building code professionals, builders, remodelers, home buyers, 
and all others involved in home construction and retrofit have 
the knowledge to make their decisions in a way that reflects 
best practice regarding wind hazards.
    With more people than ever before living near coastlines, 
vulnerability to wind hazards in the U.S. is steadily 
increasing. Already, more than one in six Americans lives in a 
county that lies on the Atlantic or Gulf of Mexico coast. In 
addition, the coastal population is growing rapidly, 
particularly from Texas through the Carolinas. In popular 
resort areas that are common along the coastline, numbers often 
swell even further when holiday, weekend, and vacation visitors 
arrive. These large and growing populations have resulted in 
substantial increases in buildings and infrastructure in high-
risk coastal areas that are also vulnerable to windstorms.
    The bulk of current windstorm hazard funding is directed 
toward fundamental research and development into the 
atmospheric and meteorological aspects of windstorms, 
contributing to a greater understanding of weather-related 
phenomena, but generally without specific mitigation 
applications in mind. A smaller portion of the windstorm hazard 
research and development effort is directed toward structural 
and engineering aspects of buildings and infrastructure 
affected by windstorms. In a 2003 report, the RAND Corporation, 
in a study conducted for the Office of Science and Technology 
Policy, recommended that research and development (R&D;) efforts 
should be reoriented toward longer-term loss reduction efforts: 
``This is especially relevant for weather-related hazards, for 
which R&D; is primarily limited to procurements for short-term 
forecasting efforts . . . . the present emphasis on short time 
scales is clearly circumventing more-lasting solutions . . . A 
shift to longer-term and less prediction-oriented efforts, with 
a focus on investigations and technologies to make the built 
environment and infrastructures more resilient, holds great 
promise. Such R&D; promises to save lives, protect property, and 
dramatically reduce the costs of rebuilding after a disaster.''
    The size and scope of federal investments in R&D; to reduce 
structural vulnerability to windstorm impacts is generally 
agreed to be in the range of a few million dollars, although 
precise data are not readily available, in part because of the 
fragmented and uncoordinated nature of these efforts. A 1999 
National Academy of Sciences report, Review of the Need for a 
Large-Scale Test Facility for Research on the Effects of 
Extreme Winds on Structures, recommended, ``The federal 
government should coordinate existing federal activities and 
develop, in conjunction with state and local governments, 
private industry, the research community, and other interested 
stakeholder groups, a national wind-hazard reduction program. 
Congress should consider designating sufficient funds to 
establish and support a national program of this nature.''
    Unfortunately, simply developing technical solutions will 
not reduce vulnerability to wind hazards. The Federal Emergency 
Management Agency (FEMA) and the insurance industry have both 
emphasized that improving the wind resistance of buildings will 
only be achieved when there is a demand for wind-resistant 
construction by homeowners. Solving the windstorm vulnerability 
problem will require not only a robust scientific research and 
technology development program focused on buildings, but 
related education, educational and public policy activities, 
behavioral science research, and technology transfer as well.
    Many homeowners are simply unaware of the dangers presented 
by windstorms, and even more are unaware of the techniques that 
exist for reducing structural vulnerability related to these 
dangers. Perhaps the best explanation for this is 
psychological--most people just assume that they won't be 
affected by natural hazards and aren't willing to invest even 
minimal time and resources into reducing the vulnerability of 
their own homes. Among the barriers to effective mitigation 
are:
     Lack of useful loss data: Windstorm loss data 
collection is not sufficiently detailed or comprehensive. The 
Federal Government has no uniform procedure for compiling loss 
data, including data on the economic effects of windstorms. The 
insurance industry does have mechanisms in place for more 
detailed data collection but the value of this data is unclear, 
largely because it is proprietary. In addition, the data only 
covers insured losses, a small portion of overall windstorm 
losses. Without access to accurate, meaningful data, it is 
difficult to measure the effectiveness of mitigation techniques 
or establish public policy priorities.
     Lack of understanding: Many homeowners are simply 
unaware of the dangers presented by windstorms, and even more 
are unaware that techniques exist for reducing structural 
vulnerability to these dangers. This is also a problem in 
thebuilding and construction industry and among policy makers, although 
to a lesser degree.
     High cost of implementation: Existing mitigation 
techniques are effective, but often cost-prohibitive. For 
example, in Lubbock, Texas, a city housing program builds 
houses for low-income residents that are designed to withstand 
winds up to 150 miles per hour and have a safe room to provide 
additional protection. Of the $78,000 that it costs to build 
one of these houses, $8,500 goes towards windstorm mitigation. 
The City of Lubbock no longer offers residents the option of 
choosing conventionally built homes, but in the private sector 
where market forces dictate choices, most are still unwilling 
to pay.
     Limited financial incentives: Exacerbating the 
problem of high cost is the lack of financial incentives for 
homeowners who are willing to make the extra investment. In 
general, neither the insurance industry nor local, state, or 
federal governments have been willing to provide financial 
inducements in the form of rate or tax breaks for homeowners 
who take steps to reduce vulnerability.
     Building codes: For the most part, building codes 
and local enforcement practices do not address the problem of 
windstorm vulnerability. Local and state officials are 
generally either unaware of the dangers and potential 
mitigation solutions, or are unwilling to enact and enforce 
strict codes that might be expensive for their constituents.
    Through establishment of a coordinated interagency program, 
H.R. 3980 seeks to improve federal efforts to address growing 
windstorm hazard vulnerabilities and concerns.

                        IV. Summary of Hearings

    The Committee on Science held a field hearing in Lubbock, 
Texas on February 9, 2004, to receive testimony on the status 
of windstorm hazard mitigation in the United States, and to 
consider the role of federal R&D; in windstorm hazard reduction. 
Presenting testimony were: Dr. Ernst Kiesling, Professor of 
Civil Engineering at Texas Tech University; Dr. Bogusz 
Bienkiewicz, Professor of Civil Engineering and Director of the 
Wind Engineering and Fluids Laboratory at Colorado State 
University (on behalf of the American Association of Wind 
Engineering); Dr. Charles Meade, Senior Scientist at RAND and 
author of a report entitled Assessing Federal Research 
Developments for Hazard Loss Reduction, prepared for the Office 
of Science and Technology Policy (OSTP) in 2003; and Brian 
Shofner, President of Shofner & Associates Insurance Agency.
    On March 24, 2004, the Subcommittee on Research and the 
Subcommittee on Environment, Technology, and Standards of the 
House Science Committee held a joint hearing to receive 
testimony on H.R. 3980, National Windstorm Impact Reduction Act 
of 2004 and to consider the role of federal research and 
development in windstorm hazard reduction. The Subcommittees 
received testimony from Dr. John Brighton, Assistant Director 
for Engineering at the National Science Foundation (NSF); Mr. 
Anthony Lowe, Administrator of the Federal Insurance Mitigation 
Administration (a division of FEMA within the Department of 
Homeland Security); Dr. Steven L. McCabe, Professor of Civil, 
Environmental and Architectural Engineering at the University 
of Kansas, who testified on behalf of the American Society of 
Civil Engineers (ASCE); and Mr. Jeffrey Sciaudone, Director of 
Engineering and Technical Services for the Institute for 
Business & Home Safety (IBHS). Mr. Edward Laatsch, Chief of the 
FEMA Building Science and Technology Branch, accompanied Mr. 
Lowe. Also, written testimony was submitted by Dr. Stephen P. 
Leatherman, Director of the International Hurricane Research 
Center & Laboratory for Coastal Research at Florida 
International University; and Mr. Randall G. Pence, President 
of Capitol Hill Advocates, Inc., on behalf of the National 
Concrete Masonry Association.
    At the hearing, Dr. Brighton and Mr. Lowe both highlighted 
their agencies' support for windstorm hazard reduction 
measures, although Dr. Brighton expressed moderate concerns 
about the bill. NSF testimony outlined current agency support 
for research related to the atmospheric, engineering, and 
social aspects of windstorm hazard reduction, but also noted 
its concern with the ``unintended consequences of codifying 
research programs into law.'' FEMA testified that the resource 
and cost burden of supporting an external advisory committee 
for a relatively small program (H.R. 3980 authorizes $67.5 
million over three years for the National Windstorm Impact 
Reduction Program) would be excessive. Dr. McCabe, who endorsed 
H.R. 3980, emphasized the problem of increasing vulnerability 
to windstorms, discussed how a coordinated interagency program 
would help to reduce this problem, and presented a specific 
plan to the Subcommittees on how such a program might be 
structured. Dr. McCabe and ASCE maintained that more resources 
should be focused on reducing vulnerability and that additional 
spending in this area would actually be a ``moneymaker'' 
because of the eventual post-hazard savings that would result. 
Mr. Sciaudone, who also endorsed H.R. 3980, emphasized that no 
significant progress will be made in reducing vulnerability 
unless mitigation measures either become mandatory or cost-
competitive. He also noted that in forming an advisory 
committee, it would be important to include groups such as 
homebuilders who have first-hand knowledge on how to best 
strengthen buildings.

                          V. Committee Actions

    On March 17, 2004, Representatives Randy Neugebauer and 
Dennis Moore introduced H.R. 3980, National Windstorm Impact 
Reduction Act of 2004.
    The Committee met on March 31, 2004 to consider the bill. 
Chairman Boehlert offered a manager's amendment clarifying 
FEMA's role in the program and amending NSF reporting 
requirements to stagger the release of two statutorily required 
biennial reports unrelated to the program established by H.R. 
3980. The amendment was adopted by voice vote.
    Mr. Gordon moved that the Committee report the bill, H.R. 
3980, as amended, with the recommendation that the bill as 
amended do pass, that the staff be instructed to make technical 
and conforming changes to the bill as amended and prepare the 
legislativereport, and that the Chairman take all necessary 
steps to bring the bill before the House for consideration. With a 
quorum present, the motion was agreed to by voice vote.
    The Committee, through its jurisdiction both over NOAA and 
most of the agencies that fund research on buildings, has an 
extensive record for many years of being active on wind 
research issues. Hearings on tornadoes and on other wind 
hazards have been held each of the past three Congresses on 
predecessor bills to H.R. 3980: H.R. 5499 in the 106th 
Congress: Windstorm Hazard Reduction Research and Technology 
Transfer Act (Moore/Jones); H.R. 3592 in the 107th Congress: 
Hurricane, Tornado, and Related Natural Hazards Research Act 
(Moore/Hart); and H.R. 2020 in the 108th Congress: Hurricane, 
Tornado and Related Hazards Research Act (Moore/Mario Diaz-
Balart).

              VI. Summary of Major Provisions of the Bill

     Establishes the National Windstorm Impact 
Reduction Program, with the objective of achieving major 
measurable reductions in losses of life and property from 
windstorms. Requires the Director of OSTP to establish an 
Interagency Working Group on windstorms consisting of 
representatives of NSF, FEMA, the National Oceanic and 
Atmospheric Administration (NOAA), and the National Institute 
of Standards and Technology (NIST). Requires the Director of 
OSTP to designate an agency to serve as Chair of the working 
group, which will be responsible for planning, management, and 
coordination of the program.
     Establishes three primary components for the 
Program: improved understanding of windstorms, windstorm impact 
assessment, and windstorm impact reduction. Requires the 
components to include activities such as data collection and 
analysis, outreach, technology transfer, and R&D.;
     Establishes a National Advisory Committee on 
Windstorm Impact Reduction to assess the effectiveness of the 
Program and make recommendations on the need for revisions to 
the Program. Directs the Advisory Committee to report the 
results of such assessments to Congress and the Interagency 
Working Group on a biennial basis.
     From sums otherwise authorized to be appropriated, 
authorizes a total of $20 million, $22.5 million, and $25 
million for the Program for each of fiscal years 2005 through 
2007, respectively.

        VII. Section-by-Section Analysis (by Title and Section)


Sec. 1. Short title

    ``National Windstorm Impact Reduction Act of 2004''

Sec. 2. Findings

    The Congress finds that:
    (1) All states and regions are vulnerable to windstorms.
    (2) The United States sustains several billion dollars in 
economic damages each year due to windstorms, and these 
vulnerabilities are increasing.
    (3) Improved windstorm impact reduction measures have the 
potential to reduce these losses.
    (4) There is an appropriate role for the Federal Government 
in mitigating windstorm impacts, and significant coordination 
and cooperation is required for any program to be effective.

Sec. 3. Definitions

    Defines terms used in the text.

Sec. 4. National Windstorm Impact Reduction Program

    (a) Establishment--Establishes the National Windstorm 
Impact Reduction Program.
    (b) Objective--Achievement of major measurable reductions 
in losses of life and property from windstorms through a 
coordinated federal effort, in cooperation with other public 
and private entities, to improve understanding of windstorm 
impacts and develop and encourage implementation of cost 
effective mitigation measures to reduce those impacts.
    (c) Interagency Working Group--Directs the Director of the 
Office of Science and Technology Policy to establish an 
Interagency Working Group on Windstorm Impact Reduction, 
consisting of representatives from NSF, NOAA, NIST, FEMA, and 
other federal agencies as appropriate. Also directs the 
Director to designate an agency to chair the Working Group and 
to be responsible for managing the program. Specific agency 
roles and responsibilities shall be defined in the 
implementation plan in subsection (e). General 
responsibilities--
    (1) NIST--support R&D; to improve building codes, standards 
and practices for design and construction of buildings, 
structures, and lifelines;
    (2) NSF--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) NOAA--support atmospheric sciences research to improve 
the understanding of the behavior of windstorms and their 
impact on buildings, structures, and lifelines;
    (4) FEMA--support windstorm-related data collection and 
analysis, public outreach, and information dissemination; 
support 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) Establishes three primary components--improved 
understanding of windstorms, windstorm impact assessment, and 
windstorm impact reduction. Requires the components to include 
activities such as data collection and analysis, outreach, 
technology transfer, and R&D.; Requires that, to the extent 
practicable, research shall be peer-reviewed and the components 
shall be designed to avoid duplication of other hazard 
reduction efforts.
    (2) Understanding of windstorms--research to improve 
knowledge of, and data collection on the impact of severe winds 
on buildings, structures, and infrastructure.
    (3) Windstorm impact assessment--(A) development of 
mechanisms for collecting and inventorying information on 
structural performance in windstorms and collection of 
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--(A) development of cost-
effective windstorm-resistant systems, structures, and 
materials for use in new construction and retrofitting; (B) 
development of improved outreach and implementation mechanisms 
to translate existing information and research findings into 
cost-effective practices for design and construction 
professionals, and state and local officials; (C) outreach to 
increase public awareness about windstorm hazard vulnerability.
    (e) Implementation Plan--Requires the Interagency Working 
Group to develop a plan for achieving the objectives of the 
Program not later than 12 months after the date of enactment. 
The Implementation Plan shall include--
    (1) an assessment of past and current public and private 
efforts to reduce windstorm impacts;
    (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 for each component area;
    (4) a description of how the program will achieve its 
goals, including detailed responsibilities for each agency; and
    (5) a description of plans for public and private 
cooperation and coordination.
    (f) Biennial Report--The Interagency Working Group shall 
submit a biennial report to Congress providing an assessment of 
the status of the Program, including recommendations for 
changes.

Sec. 5. National Advisory Committee on Windstorm Impact Reduction

    (a) Establishment--Establishes a National Advisory 
Committee to review progress made under the Program, advise on 
improvements, and report to Congress on actions taken to limit 
vulnerability to windstorms. Requires that the Advisory 
Committee include between 11 and 15 members to be appointed by 
the Director, one of whom shall be designated as chair. 
Requires that members include representatives of a broad cross-
section of interests. Federal agency representatives may not be 
members of the Advisory Committee.
    (b) Assessment--Requires the Advisory Committee to assess 
the effectiveness of the Program.
    (c) Biennial Report--Requires the Advisory Committee to 
provide, on a biennial basis, a summary report of the 
assessment to Congress and the Interagency Working Group.
    (d) Sunset Exemption--Exempts the Advisory Committee from 
Section 14 of the Federal Advisory Committee Act.

Sec. 6. Savings clause

    States that nothing in the Act supersedes any provision of 
the National Manufactured Housing Construction and Safety 
Standards Act of 1974.

Sec. 7. Authorization of appropriations

    (a) FEMA: Authorizes to be appropriated $8 million, $8.7 
million, and $9.4 million for FY 2005-2007, respectively.
    (b) NSF: From sums otherwise authorized to be appropriated, 
authorizes $8 million, $8.7 million, and $9.4 million for FY 
2005-2007, respectively.
    (c) NIST: From sums otherwise authorized to be 
appropriated, authorizes $2 million, $3 million, and $4 million 
for FY 2005-2007, respectively.
    (d) NOAA: From sums otherwise authorized to be 
appropriated, authorizes $2 million, $2.1 million, and $2.2 
million for FY 2005-2007, respectively.

                         VIII. Committee Views

    The Committee recognizes that damage from windstorms is a 
significant economic and social problem that costs billions of 
dollars annually. Recent population shifts toward coastal areas 
combined with a sharp increase in the number of people living 
in manufactured homes have left the United States more 
vulnerable than ever to windstorms. The Committee believes that 
these vulnerabilities will only continue to increase unless 
action is taken to research, develop, and implement windstorm 
hazard mitigation measures, and that a coordinated federal 
program in these areas are warranted.
    The Committee expects the agencies to do a better job of 
coordinating their efforts in windstorm mitigation so that the 
Federal Government has a comprehensive effort in this area to 
improve overall safety in a cost affordable manner while 
drawing on the unique strengths and expertise of each agency.
    The program authorized by this Act is designed to improve 
understanding of how wind affects structures, enhance windstorm 
damage data collection and analysis, and develop and encourage 
implementation of mitigation techniques. The working group 
created under this Act consists of agencies that already 
support these efforts in one form or another. Based largely on 
recommendations from the Wind Hazard Reduction Coalition, a 
collection of academic, design and construction, insurance, and 
code making organizations, H.R. 3980 identifies broad program 
component areas and specific program activities within each 
component area, facilitates interagency coordination, and 
limits duplication of work.
    The Committee believes that improving our understanding of 
how wind affects buildings, enhancing the scope and detail of 
damage data collection, and measuring the degree to which 
various mitigation techniques can lessen that impact will make 
it possible to quantify the value of mitigation. This 
information will give policymakers, private industry, and 
individual homeowners the tools to make decisions that take 
windstorm vulnerability into consideration.
    The Committee recognizes that private industry has an 
important role to play in this effort. For that reason, the Act 
specifically directs the Interagency Working Group to include 
assessment of past and current public and private efforts to 
reduce windstorm impacts, and a description of plans for public 
and private cooperation and coordination in developing the 
implementation plan under section 4. In developing the 
implementation plan and beyond, the Committee also encourages 
the working group to seek ways to maximize the contributions of 
non-federal entities in reducing windstorm impacts. Examples of 
this include improved sharing and coordination of windstorm 
loss and vulnerability data with state and local governments 
and businesses such as insurance companies, as well as 
coordination with privately supported windstorm impact 
reduction-related research and development.
    The Committee believes that the inclusion of a non-federal 
National Advisory Committee will be useful in monitoring the 
progress of the program and reporting to Congress on findings 
and recommendations resulting from such monitoring. However, 
the Committee emphasizes that the working group should, to the 
extent practicable and without limiting its effectiveness, work 
to minimize the cost of the advisory committee so that it does 
not unnecessarily drain limited funding away from programmatic 
activities. Also, in describing representatives that may serve 
on the advisory committee, the Committee intends that 
representatives of the ``design and construction'' communities 
include representatives of authorities having jurisdiction over 
design and construction.
    Finally, the Committee expects the National Windstorm 
Impact Reduction Program's research agenda and policy decisions 
to be firmly grounded in science. In this regard, the Committee 
recognizes the unique contribution that university-based 
scientific research can provide in helping to build a solid 
foundation for policy-making and for guiding national windstorm 
mitigation research efforts. Therefore, the Director is urged 
to ensure that the higher education community is represented on 
the national advisory committee.

                IX. Exchange of Committee Correspondence

                     U.S. House of Representatives,
                                      Committee on Science,
                                     Washington, DC, June 25, 2004.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Chairman Young: I write with regard to H.R. 3980, the 
National Windstorm Impact Reduction Act of 2004. Over the last 
few weeks Science Committee staff has worked closely with 
Transportation and Infrastructure staff to make some specific 
changes to the bill. It is my understanding that by the 
Committee on Science incorporating these changes in our 
Manager's Amendment on the floor, your Committee will discharge 
the bill.
    Thank you for allowing this needed legislation to move 
forward in an expeditious manner. I recognize that by 
discharging in this instance, your Committee does not waive any 
rights involving those provisions in your jurisdiction dealing 
with the Federal Emergency Management Agency.
    Further, I will support your request to be conferees on any 
provision over which you have jurisdiction during any House-
Senate conference. I will also include copies of this exchange 
of letters in the legislative report for H.R. 3980.
    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, June 25, 2004.
Hon. Sherwood Boehlert,
Chairman, Committee on Science,
House of Representatives, Washington, DC.
    Dear Chairman Boehlert: Thank you for your letter 
concerning H.R. 3980, the National Windstorm Impact Reduction 
Act of 2004. I recognize your desire to bring this important 
bill before the House in an expeditious manner. Accordingly, I 
agree to have the Transportation Committee discharged from 
further consideration of the bill. This is conditional on 
including in H.R. 3980 the modifications as we have agreed to 
in a manager's amendment on the House Floor. By agreeing to be 
discharged, however, the Committee on Transportation and 
Infrastructure does not waive its jurisdiction over H.R. 3980.
    I appreciate your commitment to support any request by the 
Transportation and Infrastructure Committee for conferees on 
H.R. 3980.
    Thank you for your willingness to work together to address 
the Transportation Committee's concerns.
            Sincerely,
                                                 Don Young,
                                                          Chairman.

                            X. Cost Estimate

    A cost estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974 has been submitted to the 
Committee on Science prior to the filing of this report and is 
included in Section X of this report pursuant to House rule 
XIII, clause 3(c)(3).
    H.R. 3980 does not contain new budget authority, credit 
authority, or changes in revenues or tax expenditures. Assuming 
that the sums authorized under the bill are appropriated, H.R. 
3980 authorizes $68 million in additional discretionary 
spending, as described in the Congressional Budget Office 
report on the bill, which is contained in Section X of this 
report.

             XI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 16, 2004.
Hon. Sherwood L. Boehlert,
Chairman, Committee on Science,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3980, the National 
Windstorm Reduction Act of 2004.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton.
            Sincerely,
                                               Douglas Holtz-Eakin.
    Enclosure.

H.R. 3980--National Windstorm Reduction Act of 2004

    Summary: CBO estimates that H.R. 3980 would authorize the 
appropriation of nearly $68 million over the 2005-2009 period 
for a new program to develop methods for reducing the damages 
caused by windstorms. Assuming appropriation of the authorized 
funds, CBO estimates that implementing the bill would cost $67 
million over the 2005-2009 period. Enacting H.R. 3980 would not 
affect direct spending or revenues.
    Over the 2005-2007 period, H.R. 3890 would authorize the 
appropriation of $26.1 million for the Federal Emergency 
Management Agency (FEMA) and the same amount for the National 
Science Foundation (NSF), $9 million for the National Institute 
of Standards and Technology (NIST), and $6.3 million to the 
National Oceanic and Atmospheric Administration (NOAA) to carry 
out provisions of this bill.
    H.R. 3980 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3980 is shown in the following table. 
The costs of this legislation fall within budget functions 250 
(general science, space, and technology), 300 (natural 
resources and environment), 370 (commerce and housing credit), 
and 450 (community and regional development).
    For this estimate, CBO assumes that the authorized amounts 
will be appropriated for each fiscal year. Outlay estimates are 
based on historical spending patterns for similar programs.

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year in millions of dollars--
                                                               -------------------------------------------------
                                                                  2005      2006      2007      2008      2009
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 FEMA:
    Authorization Level.......................................         8         9         9         0         0
    Estimated Outlays.........................................         4         6         8         5         3
NSF:
    Authorization Level.......................................         8         9         9         0         0
    Estimated Outlays.........................................         2         6         8         6         3
NIST:
    Authorization Level.......................................         2         3         4         0         0
    Estimated Outlays.........................................         2         3         4         1         0
NOAA:
    Authorization Level.......................................         2         2         2         0         0
    Estimated Outlays.........................................         1         2         2         1         0
Total Changes:
    Authorization Level.......................................        20        23        25         0         0
    Estimated Outlays.........................................         9        17        22        13         6
----------------------------------------------------------------------------------------------------------------

    Intergovernmental and Private-Sector Impact: H.R. 3980 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Julie Middleton; 
Impact on State, Local and Tribal Governments: Gregory Waring; 
and Impact on the Private Sector: Jean Talarico.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                 XII. Compliance With Public Law 104-4

    H.R. 3980 contains no unfunded mandates.

         XIII. Committee Oversight Findings and Recommendations

    The Committee on Science's oversight findings and 
recommendations are reflected in the body of this report.

       XIV. Statement on General Performance Goals and Objectives

    Pursuant to clause (3)(c) of House rule XIII, the goals of 
H.R. 3980 are to establish an interagency National Windstorm 
Impact Reduction Program to achieve major measurable reductions 
in losses of life and property from windstorms through a 
coordinated federal effort, in cooperation with other public 
and private entities, to improve understanding of windstorm 
impacts and develop and encourage implementation of mitigation 
measures to reduce those impacts.

                 XV. Constitutional Authority Statement

    Article I, Section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 2801.

               XVI. Federal Advisory Committee Statement

    The functions of the advisory committee established by H.R. 
3980 are not currently being nor could they be performed by one 
or more agencies or by enlarging the mandate of another 
existing advisory committee.

                 XVII. Congressional Accountability Act

    The Committee finds that H.R. 3980 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

     XVIII. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any state, local, or 
tribal law.

       XIX. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

   SECTION 37 OF THE SCIENCE AND ENGINEERING EQUAL OPPORTUNITIES ACT


                            BIENNIAL REPORT

  Sec. 37. (a) [By January 30, 1982, and biennially thereafter] 
By January 30 of each odd-numbered year, the Director shall 
simultaneously transmit a report to the Congress, the Attorney 
General, the Director of the Office of Science and Technology 
Policy, the Chairman of the Equal Employment Opportunity 
Commission, the Director of the Office of Personnel Management, 
the Secretary of Labor, the Secretary of Education, and the 
Secretary of Health and Human Services.

           *       *       *       *       *       *       *


                     XX. Committee Recommendations

    On March 31, 2004, a quorum being present, the Committee on 
Science reported H.R. 3980, National Windstorm Impact Reduction 
Act of 2004, as amended, by a voice vote and recommended its 
enactment.
 XXI. Proceedings of the Full Committee Markup on H.R. 3980, National 
                 Windstorm Impact Reduction Act of 2004

                              ----------                              


                       WEDNESDAY, MARCH 31, 2004

                  House of Representatives,
                                      Committee on Science,
                                                    Washington, DC.

    The Committee met, pursuant to call, at 10:08 a.m., in Room 
2318 of the Rayburn House Office Building, Hon. Sherwood L. 
Boehlert [Chairman of the Committee] presiding.
    Chairman Boehlert. I want to welcome everyone here this 
morning. As usual, we are moving forward with bills that are 
bipartisan. All right. Before I get to my more official 
statement, as those of you know, the Committee on Science meets 
today to consider the following measures. H.R. 3980, the 
National Windstorm Impact Reduction Act of 2004, H.R. 4030, 
Congressional Medal for Outstanding Contributions in Math and 
Science Education of 2004, and H.R. 3970, the Green Chemistry 
Research and Development Act of 2004, and in consultation with 
Mr. Gordon, we agree that is the order we are going to proceed. 
The first two should go relatively easily. We will have a 
little more discussion on the Green Chemistry Bill, and we hope 
by then to have more Members in attendance.
    I ask unanimous consent for the authority to recess the 
Committee at any point, and without objection, so ordered.
    We will now proceed with the opening statements, and as I 
said before I so rudely interrupted myself, welcome. As usual, 
we are moving forward with bills that are bipartisan and 
moderate. Bills that will help make a difference in people's 
lives in very real ways. I am especially pleased that two of 
the bills were introduced by freshmen Members, Dr. Gingrey and 
Mr. Neugebauer. We hope that all of these bills will be able to 
move through the House before the May recess, although the Wind 
Bill, because it has a referral to another committee, may be a 
little bit longer. As is our practice, I am going to talk about 
the bills now and let the sponsors describe them in greater 
detail when we get to the markup of each bill.
    I want to congratulate Mr. Neugebauer and Mr. Moore for 
coming up with an affordable, targeted version of this Wind 
Bill. Windstorms cause much loss of life and property. We need 
a program for wind like the one we have for earthquakes that 
targets federal R&D; resources toward developing better ways for 
buildings to better withstand windstorms. That is exactly what 
this bill will create.
    I want to congratulate Chairman Smith and Ms. Johnson on 
their bill to create an award for businesses that help our 
nation's schools. This is clearly an activity we want to see 
increase, and this award will provide an additional incentive. 
The bill was inspired in part by the very successful Baldrige 
Award Program, which as we all know, emanated from this 
committee.
    I want to take most of my time this morning to talk about 
Dr. Gingrey's Green Chemistry Bill because that is what this 
morning's debate will focus on. First let me say that this bill 
is exactly the kind of thing this committee should be doing; 
making sure that federal R&D; programs give enough attention to 
important research that could advance national needs. The 
Federal Government has long had a smattering of Green Chemistry 
Programs, and even the Presidential Award, but we have lacked a 
sustained focused priority effort in this important area. This 
bill is designed to change that. The bill has attracted a 
surprisingly large number of amendments. I take that as a sign 
that we have hit on an important issue, one that has been 
previously neglected. So the amendments in that sense are a 
good sign.
    Unfortunately, we are going to have to oppose these 
amendments in their current form. Let me emphasize that. In 
their current form, even though I always try to be open to 
other ideas and to look for grounds for compromise. We may 
reach some compromises this morning, and we will be offering 
substitutes for some amendments so that we can get at least 
some of the ideas behind them into the bill.
    So what is wrong with the amendments? Well, the amendments 
fall into three categories. Several aim to increase spending in 
this bill. While I am sympathetic to the need to spend more in 
this program, we have a fiscal crisis, and both sound policy 
and sound politics dictate that we not make the program more 
expensive, particularly here and now. Hopefully, we will be 
able to spend more on green chemistry in later years.
    The second category of amendment aims to elaborate on 
activities already explicitly or implicitly permitted in the 
bill. We don't want to weigh down the bill with very 
prescriptive program language, but we are willing to go 
somewhat farther than the introduced bill does in describing 
what kinds of activities might be funded through the Green 
Chemistry Program. I hope we can reach some agreement on these 
amendments.
    The third category of amendment is the most problematic. 
These amendments would change the nature of this bill from one 
focused on R&D;, and that is where I think we need the focus, to 
one that is more regulatory in nature. This bill's purpose is 
straightforward and non-controversial. We are trying to create 
an R&D; program that will generate new ideas. If we add 
regulatory or procurement provisions, this bill will become 
controversial and will be referred to other committees, and we 
will have nothing to show for our efforts. I am sympathetic to 
some of these ideas, but this bill is not the proper vehicle to 
carry them forward.
    If prompted by this bill, Members are now interested in 
taking other actions related to green chemistry, and I hope 
they will be, then they should introduce their own bills and we 
can decide how to proceed on them. But we shouldn't be turning 
an R&D; bill into a complex and controversial procurement and 
regulatory measure. That is contrary to our original basic 
purpose, to focus on research and development. So I hope we can 
have a collegial and productive markup today. I don't think 
there is any controversy on the underlying bills. I am pleased 
that the Members want to expand these bills further, but we 
can't expand so much that they won't fit into the House 
schedule. And when all is said and done, we have got to be more 
than just a debating society for ideas. We have got to be a 
Committee that generates good ideas that earn the support of 
our colleagues that get passed by the House, get passed by the 
Senate, and get signed into law by the President.
    I now recognize Mr. Gordon for his opening statement.
    [The prepared statement of Chairman Boehlert follows:]
            Prepared Statement of Chairman Sherwood Boehlert
                             March 31, 2004
    I want to welcome everyone here for our markup this morning. As 
usual, we are moving forward with bills that are bipartisan and 
moderate--bills that will help make a difference in people's lives in 
very real ways. I'm especially pleased that two of the bills were 
introduced by freshman Members--Dr. Gingrey and Mr. Neugebauer. We hope 
that all of these bills will be able to move through the House before 
the May recess, although the wind bill must go to another committee.
    As is our practice, I'm going to talk about the bills now and let 
the sponsors describe them in greater detail when we get to the markup 
of each bill.
    I want to congratulate Mr. Neugebauer and Mr. Moore for coming up 
with an affordable, targeted version of this wind bill. Windstorms 
cause much avoidable loss of life and property. We need a program for 
wind, like the one we have for earthquakes, that targets federal R&D; 
resources toward developing ways for buildings to better withstand 
windstorms. That's exactly what this bill will create.
    I want to congratulate Chairman Smith and Ms. Johnson on their bill 
to create an award for businesses that help our nation's schools. This 
is clearly an activity we want to see increase, and this award will 
provide an additional incentive. The bill is inspired in part by the 
very successful Baldrige Award program that this committee created.
    I want to take most of my time this morning to talk about Dr. 
Gingrey's green chemistry bill because that's what this morning's 
debates will center on.
    First let me say that this bill is exactly the kind of thing this 
Committee should be doing--making sure that federal R&D; programs give 
enough attention to important research that could advance national 
needs. The Federal Government has long had a smattering of green 
chemistry programs and even a Presidential award, but we've lacked a 
sustained, focused and priority effort in this important area. This 
bill is designed to change that.
    The bill has attracted a surprisingly large number of amendments. I 
take that as a sign that we have hit on an important issue--one that 
has been previously neglected. So the amendments, in that sense, are a 
good sign.
    Unfortunately, we are going to have to oppose these amendments in 
their current form, even though I always try to be open to others' 
ideas and to look for grounds for compromise. We may yet reach some 
compromises this morning, and we will be offering substitutes for some 
amendments so that we can get at least some of the ideas behind them 
into the bill.
    So what's wrong with the amendments? Well, the amendments fall into 
three categories. Several aim to increase the spending in this bill. 
While I'm sympathetic to the need to spend more on this program, we 
have a fiscal crisis, and both sound policy and sound politics dictate 
that we not make the program more expensive. Hopefully, we will be able 
to spend more on green chemistry in later years.
    The second category of amendment aims to elaborate on activities 
already explicitly or implicitly permitted in the bill.
    We don't want to weigh the bill down with very prescriptive program 
language, but we are willing to go somewhat farther than the introduced 
bill does in describing what kinds of activities might be funded 
through the green chemistry program. I hope we can reach agreement on 
these amendments.
    The third category of amendment is the most problematic; these 
amendments would change the nature of this bill from one focused on R&D; 
to one that is more regulatory in nature. This bill's purpose is 
straight-forward and non-controversial; we're trying to create an R&D; 
program that will generate new ideas.
    If we add regulatory or procurement provisions, this bill will 
become controversial and will be referred to other committees, and we 
will have nothing to show for our efforts. I'm sympathetic to some of 
these ideas, but this bill is not the proper vehicle for them.
    If, prompted by this bill, Members are now interested in taking 
other actions related to green chemistry, then they should introduce 
their own bills and we can decide how to proceed on them. But we 
shouldn't be turning an R&D; bill into a complex and controversial 
procurement and regulatory measure. If this bill doesn't pass, there 
will be fewer green chemistry ideas to get companies and the government 
to implement.
    So I hope we can have a collegial and productive markup today. I 
don't think there is any controversy on the underlying bills. I'm 
pleased that Members want to expand these bills further, but we can't 
expand so much that they won't fit into the House schedule.
    Mr. Gordon.

    Mr. Gordon. Thank you, Mr. Chairman. We on the Democratic 
side are pleased that you have moved forward with these three 
bills for consideration today. The National Windstorm Impact 
Reduction Act of 2004 is patterned after legislation written by 
Congressman Dennis Moore, the bill's chief sponsor. We all owe 
a debt of gratitude to Congressman Moore for identifying the 
need for a multi-agency Wind Hazard Reduction Program five and 
a half years ago. He worked to reach consensus among the 
agencies on the scope of such legislation. He founded the Wind 
Caucus to promote the program, and he worked with the private 
sector and the university community to make sure that the needs 
of those will carry out the work reflected in the bill's 
context or text.
    Time is of the essence on this bill. Many of our districts 
have been impacted by major windstorms since Mr. Moore began 
this effort, and we are pleased that all of the major elements 
of the Moore--the log bill can be found in the new Neugebauer-
Moore bill. Congressman Moore will go into greater detail on 
this point later in the markup. It is regrettable though that 
the proposed funding for the program had to be reduced so 
dramatically to perhaps a quarter of what we are spending on 
the problem of earthquake research. But the bill is still a 
positive start.
    In contrast, the Green Chemistry Research and Development 
Act of 2004 has not had such a lengthy period of maturation. It 
was introduced just 15 years ago--I mean 15 days ago, excuse 
me, and was the subject of a single hearing the following day. 
Our issue today is more than with what is not--is more what is 
not in the bill than what is in the bill. In other words, the 
bill is okay as a start, but it is not--does not go far enough 
to promote the adoption of green chemistry. Several Democratic 
members on the Committee will offer amendments today in an 
effort to expand the impact and importance of the underlying 
legislation. Nearly all of these amendments are based on 
testimony given at our hearing by witnesses earlier this month. 
We hope the Chairman will be able to support many of these 
amendments, which we will offer in a constructive spirit.
    The final bill today, H.R. 4030, is non-controversial. 
Congressman Smith has worked closely with Congresswoman Johnson 
in perfecting the bill. We all agree with the purpose of 
honoring private-sector organizations that make outstanding 
contributions to strengthening science, mathematics, technology 
engineering education in our schools.
    Chairman Boehlert. Without objection, all Members may place 
opening statements in the record at this point.
    [The prepared statement of Mr. Davis follows:]
           Prepared Statement of Representative Lincoln Davis
    I would like to start by thanking the Chair and Ranking Member for 
the opportunity to speak at today's markup.
    There is bipartisan support among Members of the Science Committee 
for efforts to encourage green chemistry, or the development of 
materials and processes that are not harmful to people or the 
environment. Research and building construction at the Oak Ridge 
National Laboratory (ORNL) are shining examples of the good things that 
happen when green chemistry approaches are put into practice.
    ORNL continues to contribute to a range of scientific and 
technological needs in green chemistry. New chemical approaches that 
use benign carbon dioxide (CO2) instead of noxious 
industrial solvents have been deployed commercially in new, safer dry 
cleaning technologies. Researchers have also worked to develop methods 
that result in decreased use of materials that are harmful to the 
environment.
    Even Oak Ridge buildings are getting ``green.'' The environmentally 
friendly design off a new 370,000 square foot complex has netted ORNL a 
2003 Excellence in Construction award from a major contractors 
association. Developing methods and products that are good for the 
environment is important. In the long run, it will save us untold sums 
in energy saved and damage deterred. I am proud that Oak Ridge is 
leading the way in green chemistry efforts and would encourage others 
to follow its example.
    I thank our distinguished Chair and Ranking Member for the 
opportunity to speak this morning and yield back to the Chair.

    [The prepared statement of Ms. Jackson Lee follows:]
        Prepared Statement of Representative Sheila Jackson Lee
Mr. Chairman,

    I rise in support of H.R. 3980, the National Windstorm Impact 
Reduction Act. I commend my colleague from Texas and Congressman Moore 
from Kansas for their leadership on this pressing issue. This bill 
could mean so much to the American people, especially to my 
constituents in Texas where hurricanes and tropical storms are such a 
constant threat. Houston is still recovering from Tropical Storm 
Allison that hit on June 5, 2001. All told, Allison cost Harris County 
22 lives, 95,000 cars and trucks, 73,000 homes, and $5 billion in 
property damage. That is an almost devastating blow to any community.
    It is truly a testament to the awesome power of nature. Of course, 
we cannot fully harness that power. However, if we can use good science 
and planning to reduce the impact of such storms by even ten percent, 
it would be a tremendous service. Much of the damage of Allison and 
other hurricanes comes from windstorm damage, tearing off roofs, 
blowing out windows, and causing debris-related injuries and 
destruction. Across the Midwest, similar windstorm damage wreaks havoc 
during tornadoes.
    This bill is in the excellent tradition of this committee 
encouraging the use of good scientific research, coordinating the 
various resources available in the Federal Government to have a 
meaningful impact on the lives and well-being of the American people.
    I feel that this bill can serve an important purpose. That is why I 
am concerned about a technical flaw in the bill. In the ``Authorization 
of Appropriations'' the bill states that projects will be funded by 
``sums otherwise authorized to be appropriated'' to FEMA, NSF, NIST, 
and NOAA. The problem is that of those, only NSF has actually been 
authorized. So, this bill is calling for the appropriation of 
unauthorized funds.
    Unless we plan to re-authorize FEMA, NIST, and NOAA by the end of 
this fiscal year, it seems prudent that we at least authorize the 
appropriation of funds for these windstorm damage reduction programs 
that I think all of us agree are of critical importance for the safety 
of the American people.
    Thank you.

    Mr. Smith of Michigan. Mr. Chairman, may I make a short 
comment?
    Chairman Boehlert. You certainly may, Chairman Smith.
    Mr. Smith of Michigan. All of us here, in this committee 
especially, have been looking at how we improve math and 
science education, and maybe this is a small encouragement to 
have private sectors more involved--in the private sector in--
by way of nonprofit organizations, by the way of business and 
industry to do something that is going to be in their long-term 
advantage, as well as the advantage of the United States to 
improve and increase the education in math and science and the 
number of students that are interested and can perform well.
    This particular bill has no cost, but can be a stimulant to 
hopefully have more companies participate in working with 
schools and communities working with schools. And so I hope we 
can approve the amendment of the Chairman that allows us to do 
a technical change on alternating years for reports from the 
National Science Foundation.
    Chairman Boehlert. Thank you very much for the 
intervention. Now here is what I would like to do, with the 
indulgence of all my colleagues. We have three bills before us, 
two of them I think there is almost unanimous agreement on. Let 
us dispense with them immediately, and then focus our time and 
attention on the Green Chemistry Bill, which has us all 
interested, and we are coming from different perspectives. Is 
that--do I see from a nod of the heads that that is a good 
plan? Let us go. All right.
    We will now consider the Bill H.R. 3980, the National 
Windstorm Impact Reduction Act of 2004. I now yield five 
minutes to Mr. Neugebauer to introduce his bill.
    [See Appendix for the amendment roster.]
    Mr. Neugebauer. Thank you, Mr. Chairman. The National 
Weather Service estimates that between 1995 and 2002, 
hurricanes, tornadoes and thunderstorm winds caused an average 
of $4.5 billion in damage every year. Texas alone averages 124 
tornadoes a year, which is more than double the average of any 
other state. Even as we build on our other current weather 
prediction successes and create new resources to predict 
windstorms at a greater rate, the United States continues to 
sustain several billion dollars each year in property and 
economic losses due to windstorms, and the human costs are all 
too painful.
    That is why Mr. Moore and I have introduced the National 
Windstorm Impact Reduction Act of 2004. This legislation 
directs the Office of Science and Technology Policy to 
establish an interagency working group to plan, manage and 
coordinate program activities to improve the understandings of 
windstorms and their impacts. The program establishes an 
interagency working group that will include representatives of 
NSF, FEMA, NIST, NOAA and all other--all charged with the task 
of improving the understanding of windstorms, windstorm impact 
assessment and windstorm impact reduction.
    I would like to thank the Chairman for giving me the 
opportunity to introduce this important legislation and for 
bringing it before the Committee today, and I yield back the 
balance of my time, Mr. Chairman.
    Chairman Boehlert. Thank you so much, Mr. Neugebauer, and 
thank you for your leadership in this instance. I now recognize 
Mr. Gordon.
    Mr. Gordon. Mr. Chairman, I yield to Mr. Moore from Kansas.
    Mr. Moore. Thank you, Mr. Chairman, and thank you, Mr. 
Gordon.
    I would like to thank you, Mr. Chairman, for following 
through on your promise to mark up legislation on windstorms in 
the 108th Congress, and I would also like to thank Congressman 
Neugebauer for his leadership on this important legislation and 
working closely with me on this. I also want to thank Jim 
Turner of the House Science Committee Staff and Brian Pallasch 
of the American Society of Civil Engineers for working on this 
issue over the course of the past five years. I know you are 
all probably tired of hearing this discussed, especially in the 
Subcommittee, but hopefully this will be the last time you will 
hear it before we are on the House Floor.
    Almost six years ago, my hometown of Wichita was hit by an 
F-4 tornado, which plowed through the suburb of Haysville, 
killing six, injuring 150 people and causing over $140 million 
in damage. The devastation of this attack motivated me to try 
to do something. I put together a bill modeled after NEHRP, the 
successful earthquake research program, which began over 30 
years ago. Our goal is to mitigate loss of life and property 
damage due to wind and related hazards.
    I reviewed comments from the American Society of Civil 
Engineers, the American Association of Home Builders, the 
insurance industry, meteorologists, emergency managers, 
academia, industry, and the Manufactured Housing Association to 
try to fine-tune this legislation. On May 4 of last year, 
almost four years to the day after the deadly 1999 Kansas and 
Oklahoma tornados, tornadoes touched down in metropolitan 
Kansas City and the surrounding suburbs, as well as in many of 
my Science Committee colleagues' districts, destroying 
property, killing innocent persons and injuring our 
constituents.
    When tornadoes hit, it is not a Republican or Democrat 
issue. It is a human issue and it is a human tragedy. These 
windstorms destroy lives. We have all seen it in our districts 
and I know many of my colleagues have seen this around their 
own districts, as well.
    I want to again thank Mr. Neugebauer, Congressman 
Neugebauer, for introducing this important legislation with me, 
and thank you, Mr. Chairman, for marking it up. Last year when 
Congressman Mario Diaz-Balart and I introduced the Wind Hazard 
Reduction Bill, H.R. 2020, we had a total of 65 bipartisan co-
sponsors. I hope that the Chair will allow time for Members to 
come on board, too, as co-sponsors of this bill before filing 
the Committee report. And finally, I would like to thank Jana 
Denning of my staff for her excellent work with all of you in 
getting this bill to where it is right now.
    Thank you, Mr. Chairman. I yield back the balance of my 
time.
    [The prepared statement of Mr. Moore follows:]
           Prepared Statement of Representative Dennis Moore
    I would like to thank Chairman Boehlert for following through on 
his promise to markup legislation on wind storms in the 108th Congress; 
I would also like to thank Congressman Neugebauer for working with me 
on this important legislation.
    I would also like to thank Jim Turner of the House Science 
Committee staff and Brian Pallasch of the American Society of Civil 
Engineers for working on this issue tirelessly over the course of the 
past five years.
    I know you are all probably tired of hearing me talk about this 
issue, but hopefully you will only have to hear it one more time, on 
the Floor of the House. Almost six years ago, my hometown of Wichita, 
Kansas, was hit by a F-4 tornado which plowed through the suburb of 
Haysville, killing six, injuring 150, and causing over 140 million 
dollars in damage. The devastation of this attack motivated me to try 
to do something.
    I put together a bill modeled after NEHRP the successful earthquake 
research program begun over 30 years ago. My goal is to mitigate loss 
of life and property due to wind and related hazards.
    I reviewed comments from the American Society of Civil Engineers, 
the American Association of Home Builders, the insurance industry, 
meteorologists, emergency managers, academia, industry, and the 
manufactured housing associations to fine-tune the legislation.
    On May 4, 2003, almost four years to the day after the deadly 1999 
Kansas and Oklahoma tornadoes, tornadoes touched down in metro Kansas 
City and the surrounding suburbs as well as in many of my Science 
Committee colleagues' districts, destroying property, killing and 
injuring our constituents.
    These tornadoes did not check with Congress to see if they were 
hitting Republican or Democratic districts, they are truly an equal 
opportunity destroyer. This is not a Republican or a Democratic issue 
it is a human issue, it is a human tragedy. These windstorms destroy 
lives; I have seen it in my own district and know many of my colleagues 
have seen it in theirs.
    Thank you again Congressman Neugebauer for introducing this 
important legislation and thank you Chairman for marking it up. Last 
year, when Congressman Mario Diaz-Balart and I introduced The Wind 
Hazard Reduction bill (H.R. 2020), we had a total of 65 bipartisan co-
sponsors. I hope that the Chair will allow time for Members to come on 
board as co-sponsors to this bill before filing the Committee Report.
    I yield the balance of my time.

    Chairman Boehlert. Mr. Moore, thank you for your leadership 
also and thank you for your partnership with Mr. Neugebauer, 
and the two of you have produced, I think, a very good product, 
and shortly we hope to dispense with it and get it moving. 
Thank you so much.
    I ask unanimous consent that this bill is considered as 
read and open to amendment at any point, and that the Members 
proceed with the amendments in the order of the roster. Without 
objection, so ordered.
    [See Appendix for H.R. 3980.]
    Chairman Boehlert. The first amendment on the roster is an 
en bloc amendment offered by the Chair. I have an amendment at 
the desk. The Clerk shall report the amendment.
    The Clerk. Amendments to H.R. 3980, offered by Mr. 
Boehlert.
    Chairman Boehlert. Okay. I ask unanimous consent to 
dispense with the reading. Without objection, so ordered.
    I yield myself such time as is necessary to discuss the 
amendment.
    This is a very short and simple en bloc amendment that 
makes three basic changes to the underlying bill. First, there 
are a few small technical corrections. That always happens. 
Second, there are a few minor changes to the specific program 
components to better reflect agency activities within the 
program, such as language clarifying that FEMA shall be 
responsible for supporting the development of the risk 
assessment tools and effective mitigation techniques. And 
third, language to address the aforementioned situation at NSF 
with regard to staggering reporting deadlines.
    The provision is identical to that which was in the Green 
Chemistry Legislation and has, as with other changes, been 
worked out on both sides of the aisle. In other words, Mr. 
Moore, Mr. Neugebauer, Mr. Gordon and I, we all agree. I urge 
all Members to support the amendment.
    If there is no further discussion on the amendment, the 
vote occurs on the amendment. All in favor, say aye. Opposed, 
nay. The ayes have it, and the amendment is agreed to.
    Are there any other amendments? Hearing none, the question 
is now on the bill H.R. 3980, the National Windstorm Impact 
Reduction Act of 2004, as amended. All in favor, say aye. All 
those opposed will say no. In the opinion of the Chair, the 
ayes have it.
    I now recognize Mr. Gordon for a motion.
    Mr. Gordon. Mr. Chairman, I move that the Committee 
favorably report H.R. 3980, as amended, to the House with the 
recommendation that the bill as amended do pass. Furthermore, I 
move that the staff be instructed to prepare the legislative 
report and make necessary technical and conforming changes, and 
that the Chairman take all necessary steps to bring the bill 
before the House for consideration.
    Chairman Boehlert. The question is on the motion to report 
the bill favorably. Those in favor of the motion will signify 
by saying aye. Opposed, no. The ayes appear to have it, and the 
resolution is favorably reported. Without objection, the motion 
to reconsider is laid upon the table.
    I move that Members have two subsequent calendar days in 
which to submit supplemental minority or additional views on 
the measure. I move pursuant to Clause 1 of Rule 22 of the 
Rules of the House of Representatives that the Committee 
authorize the Chairman to offer such motions as may be 
necessary in the House to adopt and pass H.R. 3980, as amended, 
and to go to conference with the Senate on H.R. 3980 or a 
similar bill. Without objection, so ordered.
    Chairman Boehlert. The Committee is recessed until 10:00 
tomorrow morning.
    [Whereupon, at 12:00 p.m., the Committee recessed, to 
reconvene at 10:00 a.m. Thursday, April 1, 2004.]
                               Appendix:

                              ----------                              


        Amendment Roster, H.R. 3980, Section-by-Section Analysis






                    Section-by-Section of H.R. 3980,
    National Windstorm Impact Reduction Program (NWIRP) Act of 2004

Sec. 1. Short Title.

    ``National Windstorm Impact Reduction Act of 2004''

Sec. 2. Findings.

    The Congress finds that: (1) All states and regions are vulnerable 
to windstorms. (2) The United States sustains several billion dollars 
in economic damages each year due to windstorms, and these 
vulnerabilities are increasing. (3) Improved windstorm impact reduction 
measures have the potential to reduce these losses. (4) There is an 
appropriate role for the Federal Government in mitigating windstorm 
impacts, and significant coordination and cooperation is required for 
any program to be effective.

Sec. 3. Definitions.

    Defined terms used in the text.

Sec. 4. National Windstorm Impact Reduction Program.

(a) Establishment--Establishes the National Windstorm Impact Reduction 
Program.

(b) Objective--Achievement of major measurable reductions in losses of 
life and property from windstorms through a coordinated federal effort, 
in cooperation with other public and private entities, to improve 
understanding of windstorm impacts and develop and encourage 
implementation of mitigation measures to reduce those impacts.

(c) Interagency Working Group--Directs the Director of the Office of 
Science and Technology Policy to establish an Interagency Working Group 
on Windstorm Impact Reduction, consisting of representatives from NSF, 
NOAA, NIST, FEMA, and other federal agencies as appropriate. Also 
Directs the Director to designate an agency to chair the Working Group 
and to be responsible for managing the program. Specific agency roles 
and responsibilities shall be defined in the implementation plan in 
subsection (e).

General responsibilities--

(1)  NIST--support R&D; to improve building codes, standards and 
practices for buildings, structures, and lifelines;

(2)  NSF--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)  NOAA--support atmospheric sciences research to improve the 
understanding of the behavior of windstorms and their impact on 
buildings, structures, and lifelines;

(4)  FEMA--support windstorm-related data collection and analysis, 
public outreach, and information dissemination.

(d) Program Components--

(1)  Establishes three primary components for the Program: improved 
understanding of windstorms, windstorm impact assessment, and windstorm 
impact reduction. Requires the components to include activities such as 
data collection and analysis, outreach, tech transfer, and R&D.; 
Requires that, to the extent practicable, research shall be peer-
reviewed and the components shall be designed avoid duplication of 
other hazard reduction efforts.

(2)  Understanding of windstorms- research to improve understanding of 
and data collection on the impact of severe winds on buildings, 
structures, and infrastructure.

(3)  Windstorm impact assessment--(A) development of mechanisms for 
collecting and inventorying information on structural performance in 
windstorms and collection of information from sources including the 
design and construction industry, insurance companies, and building 
officials; (B) R&D; to improve loss estimation and risk assessment 
systems; and (C) R&D; to be improve simulation and computational 
modeling of windstorm impacts.

(4)  Windstorm impact reduction--(A) development of cost-effective 
windstorm-resistant systems, structures, and materials for use in new 
construction and retrofitting; (B) development of improved outreach and 
implementation mechanisms to translate existing information and 
research findings into cost-effective practices for design and 
construction professionals, and state and local officials; (C) outreach 
to increase public awareness about windstorm hazard vulnerability.

(e) Implementation Plan--Requires the Interagency Working Group to 
develop a plan for achieving the objectives of the Program not later 
than 12 months after the date of enactment. The Implementation Plan 
shall include--

(1)  an assessment of past and current public and private efforts to 
reduce windstorm impacts;

(2)  a statement of strategic goals for each component area;

(3)  a description of how the program will achieve its goals, including 
detailed responsibilities for each agency; and

(4)  a description of plans for public and private cooperation and 
coordination.

(f) Biennial Report--The Interagency Working Group shall submit a 
biennial report to Congress providing an assessment of the status of 
the Program, including recommendations for changes.

Sec. 5. National Advisory Committee on Windstorm Impact Reduction.

(a) Establishment--Establishes a National Advisory Committee to review 
progress made under the Program, advise on improvements, and report to 
Congress on actions taken to limit vulnerability to windstorms. 
Requires that the Advisory Committee include between 11 and 15 members 
to be appointed by the Director, one of whom shall be designated as 
chair. Requires that members include representatives of a broad cross-
section of interests. Federal agencies may not be members of the 
Advisory Committee.

(b) Assessment--Requires the Advisory Committee to assess the 
effectiveness of the Program.

(c) Biennial Report--Requires the Advisory Committee to provide, on a 
biennial basis, a summary report of the assessment to Congress and the 
Interagency Working Group.

(d) Sunset Exemption--Exempts the Advisory Committee from Section 14 of 
the Federal Advisory Committee Act (sunset requirement).

Sec. 6. Savings Clause.

    States that nothing in the Act supersedes any provision of the 
National Manufactured Housing Construction and Safety Standards Act of 
1974.

Sec. 7. Authorization of Appropriations.

(a) FEMA: From sums otherwise authorized to be appropriated, $8, 8.7, 
and 9.4 million from 2005-2007, respectively.

(b) NSF: From sums otherwise authorized to be appropriated, $8, 8.7, 
and 9.4 million from 2005-2007, respectively.

(c) NIST: From sums otherwise authorized to be appropriated, $2, 3, and 
4 million from 2005-2007, respectively.

(d) NOAA: From sums otherwise authorized to be appropriated, $2, 2.1, 
and 2.2 million from 2005-2007, respectively.