42 USC 15701 - Findings

§ 15701. Findings
§ 15702. Definitions
§ 15703. National Windstorm Impact Reduction Program
§ 15704. National Advisory Committee on Windstorm Impact Reduction
§ 15705. Savings clause
§ 15706. Authorization of appropriations
§ 15707. Coordination

§ 15701. FindingsThe 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;

(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.

(Pub. L. 108–360, title II, § 202, Oct. 25, 2004, 118 Stat. 1675.)

§ 15702. Definitions

In this chapter:

(1) Director

(2) Lifelines

(3) Program

(4) State

(5) Windstorm

(Pub. L. 108–360, title II, § 203, Oct. 25, 2004, 118 Stat. 1676; Pub. L. 114–52, § 2, Sept. 30, 2015, 129 Stat. 496.)

§ 15703. National Windstorm Impact Reduction Program

(a) Establishment

(b) Responsibilities of Program agencies

(1) Lead agencyThe National Institute of Standards and Technology shall have the primary responsibility for planning and coordinating the Program. In carrying out this paragraph, the Director shall—

(A) ensure that the Program includes the necessary components to promote the implementation of windstorm risk reduction measures by Federal, State, and local governments, national standards and model building code organizations, architects and engineers, and others with a role in planning and constructing buildings and lifelines;

(B) support the development of performance-based engineering tools, and work with appropriate groups to promote the commercial application of such tools, including through wind-related model building codes, voluntary standards, and construction best practices;

(C) request the assistance of Federal agencies other than the Program agencies, as necessary to assist in carrying out this chapter;

(D) coordinate all Federal post-windstorm investigations to the extent practicable; and

(E) when warranted by research or investigative findings, issue recommendations to assist in informing the development of model codes, and provide information to Congress on the use of such recommendations.

(2) National Institute of Standards and Technology

(3) National Science FoundationThe National Science Foundation shall support research in—

(A) engineering and the atmospheric sciences to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines; and

(B) economic and social factors influencing windstorm risk reduction measures.

(4) National Oceanic and Atmospheric Administration

(5) Federal Emergency Management AgencyThe Federal Emergency Management Agency shall—

(A) support—

(i) the development of risk assessment tools and effective mitigation techniques;

(ii) windstorm-related data collection and analysis;

(iii) public outreach and information dissemination; and

(iv) promotion of the adoption of windstorm preparedness and mitigation measures, including for households, businesses, and communities, consistent with the Agency’s all-hazards approach; and

(B) work closely with national standards and model building code organizations, in conjunction with the National Institute of Standards and Technology, to promote the implementation of research results and promote better building practices within the building design and construction industry, including architects, engineers, contractors, builders, and inspectors.

(1) In general

(2) Understanding of windstorms

(3) Windstorm impact assessmentActivities 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 reductionActivities 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.

(d) Budget activities

(e) Interagency Coordinating Committee on Windstorm Impact Reduction

(1) Establishment

(2) MembershipIn addition to the chair, the Committee shall be composed of—

(A) the heads or such designees of—

(i) the Federal Emergency Management Agency;

(ii) the National Oceanic and Atmospheric Administration;

(iii) the National Science Foundation;

(iv) the Office of Science and Technology Policy; and

(v) the Office of Management and Budget; and

(B) the head of any other Federal agency, or such designee, the chair considers appropriate.

(3) Meetings

(4) General purpose and duties

(5) Strategic planThe Committee shall develop and submit to Congress, not later than 1 year after September 30, 2015, a Strategic Plan for the Program that includes—

(A) prioritized goals for the Program that will mitigate against the loss of life and property from future windstorms;

(B) short-term, mid-term, and long-term research objectives to achieve those goals;

(D) the methods by which progress towards the goals will be assessed; and

(E) an explanation of how the Program will foster the transfer of research results into outcomes, such as improved model building codes.

(6) Progress reportNot later than 18 months after September 30, 2015, the Committee shall submit to the Congress a report on the progress of the Program that includes—

(A) a description of the activities funded under the Program, a description of how these activities align with the prioritized goals and research objectives established in the Strategic Plan, and the budgets, per agency, for these activities;

(B) the outcomes achieved by the Program for each of the goals identified in the Strategic Plan;

(C) a description of any recommendations made to change existing building codes that were the result of Program activities; and

(D) a description of the extent to which the Program has incorporated recommendations from the Advisory Committee on Windstorm Impact Reduction.

(7) Coordinated budget

(Pub. L. 108–360, title II, § 204, Oct. 25, 2004, 118 Stat. 1676; Pub. L. 114–52, § 3, Sept. 30, 2015, 129 Stat. 496.)

§ 15704. National Advisory Committee on Windstorm Impact Reduction

(a) In general

The Director of the National Institute of Standards and Technology shall establish an Advisory Committee on Windstorm Impact Reduction, which shall be composed of at least 7 and not more than 15 members who are qualified to provide advice on windstorm impact reduction and represent related scientific, architectural, and engineering disciplines, none of whom may be employees of the Federal Government, including—

(1) representatives of research and academic institutions;

(2) industry standards development organizations;

(3) emergency management agencies;

(4) State and local government; and

(5) business communities, including the insurance industry.

(b) Assessments

The Advisory Committee on Windstorm Impact Reduction shall offer assessments and recommendations on—

(1) trends and developments in the natural, engineering, and social sciences and practices of windstorm impact mitigation;

(2) the priorities of the Program’s Strategic Plan;

(3) the coordination of the Program;

(4) the effectiveness of the Program in meeting its purposes; and

(5) any revisions to the Program which may be necessary.

(d) Reports

(e) Charter

(f) Termination

(g) Conflict of interest

(Pub. L. 108–360, title II, § 205, Oct. 25, 2004, 118 Stat. 1678; Pub. L. 114–52, § 4, Sept. 30, 2015, 129 Stat. 499; Pub. L. 117–286, § 4(a)(277), Dec. 27, 2022, 136 Stat. 4336.)

§ 15705. Savings clause

Nothing in this chapter supersedes any provision of the National Manufactured Housing Construction and Safety Standards Act of 1974 [42 U.S.C. 5401 et seq.]. No design, construction method, practice, technology, material, mitigation methodology, or hazard reduction measure of any kind developed under this chapter 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.

(Pub. L. 108–360, title II, § 206, Oct. 25, 2004, 118 Stat. 1679.)

§ 15706. Authorization of appropriations

(a) Federal Emergency Management Agency

There are authorized to be appropriated to the Federal Emergency Management Agency for carrying out this chapter—

(1) $5,332,000 for fiscal year 2015;

(2) $5,332,000 for fiscal year 2016; and

(3) $5,332,000 for fiscal year 2017.

(b) National Science Foundation

There are authorized to be appropriated to the National Science Foundation for carrying out this chapter—

(1) $9,682,000 for fiscal year 2015;

(2) $9,682,000 for fiscal year 2016; and

(3) $9,682,000 for fiscal year 2017.

There are authorized to be appropriated to the National Institute of Standards and Technology for carrying out this chapter—

(1) $4,120,000 for fiscal year 2015;

(2) $4,120,000 for fiscal year 2016; and

(3) $4,120,000 for fiscal year 2017.

(d) National Oceanic and Atmospheric Administration

There are authorized to be appropriated to the National Oceanic and Atmospheric Administration for carrying out this chapter—

(1) $2,266,000 for fiscal year 2015;

(2) $2,266,000 for fiscal year 2016; and

(3) $2,266,000 for fiscal year 2017.

(Pub. L. 108–360, title II, § 207, Oct. 25, 2004, 118 Stat. 1679; Pub. L. 114–52, § 5, Sept. 30, 2015, 129 Stat. 500.)

§ 15707. Coordination

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

(Pub. L. 108–360, title II, § 209, Oct. 25, 2004, 118 Stat. 1680.)