42 U.S.C. § 15703 — National Windstorm Impact Reduction

Page 8705 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15703 nent, such as a hurricane, tropical storm, northeaster, tornado, or thunderstorm. (Pub. L. 108–360, title II, § 203, Oct. 25, 2004, 118 Stat. 1676; Pub. L. 114–52, § 2, Sept. 30, 2015, 129 Stat. 496.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title II of Pub. L. 108–360, Oct. 25, 2004, 118 Stat. 1675, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 15701 of this title and Tables. AMENDMENTS 2015—Par. (1). Pub. L. 114–52, § 2(a), substituted ‘‘Di- rector of the National Institute of Standards and Tech- nology’’ for ‘‘Director of the Office of Science and Technology Policy’’. Par. (2). Pub. L. 114–52, § 2(b)(2), added par. (2). Former par. (2) redesignated (3). Pars. (3), (4). Pub. L. 114–52, § 2(b)(1), redesignated pars. (2) and (3) as (3) and (4), respectively. Former par. (4) redesignated (5). Par. (5). Pub. L. 114–52, § 2(b)(1), (c), redesignated par. (4) as (5) and inserted ‘‘northeaster,’’ after ‘‘tropical storm,’’. § 15703. National Windstorm Impact Reduction Program (a) Establishment There is established the National Windstorm Impact Reduction Program, the purpose of which is to achieve major measurable reductions in the losses of life and property from wind- storms through a coordinated Federal effort, in cooperation with other levels of government, academia, and the private sector, aimed at im- proving the understanding of windstorms and their impacts and developing and encouraging the implementation of cost-effective mitigation measures to reduce those impacts. (b) Responsibilities of Program agencies (1) Lead agency The National Institute of Standards and Technology shall have the primary responsi- bility for planning and coordinating the Pro- gram. In carrying out this paragraph, the Di- rector shall— (A) ensure that the Program includes the necessary components to promote the imple- mentation of windstorm risk reduction measures by Federal, State, and local gov- ernments, 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 perform- ance-based engineering tools, and work with appropriate groups to promote the commer- cial application of such tools, including through wind-related model building codes, voluntary standards, and construction best practices; (C) request the assistance of Federal agen- cies other than the Program agencies, as necessary to assist in carrying out this chap- ter; (D) coordinate all Federal post-windstorm investigations to the extent practicable; and (E) when warranted by research or inves- tigative findings, issue recommendations to assist in informing the development of model codes, and provide information to Congress on the use of such recommenda- tions. (2) National Institute of Standards and Tech- nology In addition to the lead agency responsibil- ities described under paragraph (1), the Na- tional Institute of Standards and Technology shall be responsible for carrying out research and development to improve model building codes, voluntary standards, and best practices for the design, construction, and retrofit of buildings, structures, and lifelines. (3) National Science Foundation The National Science Foundation shall sup- port 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 Admin- istration The National Oceanic and Atmospheric Ad- ministration shall support atmospheric sciences research to improve the under- standing of the behavior of windstorms and their impact on buildings, structures, and life- lines. (5) Federal Emergency Management Agency The Federal Emergency Management Agen- cy 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 dis- semination; and (iv) promotion of the adoption of wind- storm preparedness and mitigation meas- ures, 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 pro- mote better building practices within the building design and construction industry, including architects, engineers, contractors, builders, and inspectors. (c) Program components (1) In general The Program shall consist of three primary mitigation components: improved under- standing of windstorms, windstorm impact as- sessment, and windstorm impact reduction. The components shall be implemented through activities such as data collection and analysis, risk assessment, outreach, technology trans- fer, and research and development. To the ex- Page 8706 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15703 tent practicable, research activities author- ized under this chapter shall be peer-reviewed, and the components shall be designed to be complementary to, and avoid duplication of, other public and private hazard reduction ef- forts. (2) Understanding of windstorms Activities to enhance the understanding of windstorms shall include research to improve knowledge of and data collection on the im- pact of severe wind on buildings, structures, and infrastructure. (3) Windstorm impact assessment Activities to improve windstorm impact as- sessment shall include— (A) development of mechanisms for col- lecting and inventorying information on the performance of buildings, structures, and in- frastructure in windstorms and improved collection of pertinent information from sources, including the design and construc- tion 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 com- putational 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 ex- isting 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 af- fordable windstorm-resistant systems, struc- tures, and materials for use in new construc- tion and retrofit of existing construction; and (C) outreach and information dissemina- tion 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 offi- cials, the construction industry, and the general public. (d) Budget activities The Director of the National Institute of Standards and Technology, the Director of the National Science Foundation, the Director of the National Oceanic and Atmospheric Adminis- tration, and the Director of the Federal Emer- gency Management Agency shall each include in their agency’s annual budget request to Con- gress a description of their agency’s projected activities under the Program for the fiscal year covered by the budget request, along with an as- sessment of what they plan to spend on those ac- tivities for that fiscal year. (e) Interagency Coordinating Committee on Windstorm Impact Reduction (1) Establishment There is established an Interagency Coordi- nating Committee on Windstorm Impact Re- duction, chaired by the Director or the Direc- tor’s designee. (2) Membership In 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 Atmos- pheric Administration; (iii) the National Science Foundation; (iv) the Office of Science and Technology Policy; and (v) the Office of Management and Budg- et; and (B) the head of any other Federal agency, or such designee, the chair considers appro- priate. (3) Meetings The Committee shall meet not less than once a year at the call of the Director of the National Institute of Standards and Tech- nology. (4) General purpose and duties The Committee shall oversee the planning and coordination of the Program. (5) Strategic plan The Committee shall develop and submit to Congress, not later than 1 year after Sep- tember 30, 2015, a Strategic Plan for the Pro- gram 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; (C) a description of the role of each Pro- gram agency in achieving the prioritized 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 report Not later than 18 months after September 30, 2015, the Committee shall submit to the Con- gress 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 Stra- tegic 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 recommenda- tions from the Advisory Committee on Windstorm Impact Reduction. (7) Coordinated budget The Committee shall develop a coordinated budget for the Program, which shall be sub- Page 8707 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15705 mitted to the Congress not later than 60 days after the date of the President’s budget sub- mission for each fiscal year. (Pub. L. 108–360, title II, § 204, Oct. 25, 2004, 118 Stat. 1676; Pub. L. 114–52, § 3, Sept. 30, 2015, 129 Stat. 496.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(1)(C), was in the original ‘‘this Act’’ and was translated as reading ‘‘this title’’, to reflect the probable intent of Congress. See below. This chapter, referred to in subsec. (c)(1), was in the original ‘‘this title’’, meaning title II of Pub. L. 108–360, Oct. 25, 2004, 118 Stat. 1675, which is classified prin- cipally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 15701 of this title and Tables. AMENDMENTS 2015—Subsecs. (a), (b). Pub. L. 114–52, § 3(1), added sub- secs. (a) and (b) and struck out former subsecs. (a) and (b) which related to the establishment and objective of the National Windstorm Impact Reduction Program. Subsec. (c). Pub. L. 114–52, § 3(1), (2), redesignated sub- sec. (d) as (c) and struck out former subsec. (c) which established an Interagency Working Group. Subsecs. (d), (e). Pub. L. 114–52, § 3(2), (3), added sub- secs. (d) and (e), redesignated former subsec. (d) as (c), and struck out former subsec. (e) which required an im- plementation plan from the Interagency Working Group. Subsec. (f). Pub. L. 114–52, § 3(2), struck out subsec. (f) which required biennial reports on the status of the windstorm impact reduction program. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. § 15704. National Advisory Committee on Wind- storm Impact Reduction (a) In general The Director of the National Institute of Standards and Technology shall establish an Ad- visory Committee on Windstorm Impact Reduc- tion, 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, in- cluding— (1) representatives of research and academic institutions; (2) industry standards development organi- zations; (3) emergency management agencies; (4) State and local government; and (5) business communities, including the in- surance industry. (b) Assessments The Advisory Committee on Windstorm Im- pact Reduction shall offer assessments and rec- ommendations 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 meet- ing its purposes; and (5) any revisions to the Program which may be necessary. (c) Compensation The members of the Advisory Committee es- tablished under this section shall serve without compensation. (d) Reports At least every 2 years, the Advisory Com- mittee shall report to the Director on the as- sessments carried out under subsection (b) and its recommendations for ways to improve the Program. (e) Charter Notwithstanding section 1013(b)(2) of title 5, the Advisory Committee shall not be required to file a charter subsequent to its initial charter, filed under section 1008(c) of title 5, before the termination date specified in subsection (f) of this section. (f) Termination The Advisory Committee shall terminate on September 30, 2017. (g) Conflict of interest An Advisory Committee member shall recuse himself from any Advisory Committee activity in which he has an actual pecuniary 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.) Editorial Notes AMENDMENTS 2022—Subsec. (e). Pub. L. 117–286 substituted ‘‘section 1013(b)(2) of title 5, the Advisory Committee shall not be required to file a charter subsequent to its initial charter, filed under section 1008(c) of title 5,’’ for ‘‘sec- tion 14(b)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Committee shall not be re- quired to file a charter subsequent to its initial char- ter, filed under section 9(c) of such Act,’’. 2015—Pub. L. 114–52 amended section generally. Prior to amendment, section established a National Advisory Committee on Windstorm Impact Reduction. § 15705. Savings clause Nothing in this chapter supersedes any provi- sion of the National Manufactured Housing Con- struction and Safety Standards Act of 1974 [42 U.S.C. 5401 et seq.]. No design, construction method, practice, technology, material, mitiga- tion 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 Con- struction 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.