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

submitted 22 years ago by Pub. L. 108-360 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,281 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the National Windstorm Impact Reduction Program to reduce deaths and property damage from windstorms. NIST leads the effort, working with NSF, NOAA, and FEMA on research, risk assessment, and outreach. An Interagency Coordinating Committee oversees the Program and reports to Congress.

(a) Establishment. This section creates the National Windstorm Impact Reduction Program. Its purpose is to achieve big, measurable cuts in the loss of life and property from windstorms. It does this through a coordinated federal effort, working with other levels of government, academia, and the private sector. The goal is to better understand windstorms and their impacts, and to develop and encourage cost-effective ways to reduce those impacts. (b) Responsibilities of Program agencies. (1) Lead agency. The National Institute of Standards and Technology (NIST) has primary responsibility for planning and coordinating the Program. The Director must: (A) make sure the Program helps federal, state, and local governments, national standards and model building code organizations, architects, engineers, and others involved in planning and building, actually put windstorm risk reduction measures into practice; (B) support the development of performance-based engineering tools and work with groups to put those tools to commercial use, including through wind-related model building codes, voluntary standards, and best construction practices; (C) ask other federal agencies for help when needed to carry out this chapter; (D) coordinate federal investigations after windstorms, as much as practical; and (E) when research findings justify it, issue recommendations to help shape model codes, and tell Congress how those recommendations are being used. (2) National Institute of Standards and Technology. Beyond its lead-agency duties, NIST must also do research and development to improve model building codes, voluntary standards, and best practices for designing, building, and retrofitting buildings, structures, and lifelines. (3) National Science Foundation. The National Science Foundation must support research into (A) the engineering and atmospheric science needed to understand how windstorms behave and affect buildings, structures, and lifelines; and (B) the economic and social factors that influence whether people adopt windstorm risk reduction measures. (4) National Oceanic and Atmospheric Administration. NOAA must support atmospheric science research to improve understanding of windstorm behavior and impacts on buildings, structures, and lifelines. (5) Federal Emergency Management Agency. FEMA must: (A) support (i) developing risk assessment tools and effective mitigation techniques; (ii) collecting and analyzing windstorm data; (iii) public outreach and sharing information; and (iv) promoting windstorm preparedness and mitigation for households, businesses, and communities, in line with FEMA's all-hazards approach; and (B) work closely with national standards and model building code organizations, together with NIST, to put research results into practice and improve building practices among architects, engineers, contractors, builders, and inspectors. (c) Program components. (1) In general. The Program has three main parts: understanding windstorms better, assessing windstorm impacts, and reducing windstorm impacts. These parts are carried out through data collection and analysis, risk assessment, outreach, technology transfer, and research and development. As much as practical, research must be peer-reviewed, and the Program's parts must complement — not duplicate — other public and private hazard-reduction efforts. (2) Understanding of windstorms. This includes research to learn more about, and collect data on, how severe wind affects buildings, structures, and infrastructure. (3) Windstorm impact assessment. This includes (A) building ways to collect and catalog information on how buildings, structures, and infrastructure perform during windstorms, including better information-gathering from the design and construction industry, insurance companies, and building officials; (B) research and technology transfer to improve loss estimation and risk assessment systems; and (C) research and technology transfer to improve computer modeling and simulation of windstorm impacts. (4) Windstorm impact reduction. This includes (A) better ways to turn existing information and research into cost-effective, affordable practices that design and construction professionals and state and local officials can use; (B) developing affordable windstorm-resistant systems, structures, and materials for new construction and for retrofitting existing buildings; and (C) sharing information about affordable construction techniques, loss estimation methods, risk assessment methods, and other windstorm-related information with federal, state, and local officials, the construction industry, and the public. (d) Budget activities. The Directors of NIST, the National Science Foundation, NOAA, and FEMA must each include, in their agency's yearly budget request to Congress, a description of their planned Program activities for that year and an estimate of what they plan to spend on them. (e) Interagency Coordinating Committee on Windstorm Impact Reduction. (1) Establishment. This section creates the Interagency Coordinating Committee on Windstorm Impact Reduction, chaired by the NIST Director or the Director's designee. (2) Membership. Besides the chair, the Committee includes (A) the heads (or their designees) of FEMA, NOAA, the National Science Foundation, the Office of Science and Technology Policy, and the Office of Management and Budget; and (B) the head (or designee) of any other federal agency the chair thinks should be included. (3) Meetings. The Committee must meet at least once a year, whenever the NIST Director calls a meeting. (4) General purpose and duties. The Committee oversees how the Program is planned and coordinated. (5) Strategic plan. Within 1 year after September 30, 2015, the Committee had to send Congress a Strategic Plan for the Program, covering (A) priority goals for cutting future windstorm losses of life and property; (B) short-term, mid-term, and long-term research goals; (C) what role each Program agency plays in reaching the priority goals; (D) how progress toward the goals will be measured; and (E) how the Program will turn research results into real outcomes, like improved model building codes. (6) Progress report. Within 18 months after September 30, 2015, the Committee had to send Congress a progress report covering (A) the activities the Program funded, how they line up with the Strategic Plan's goals, and each agency's budget for them; (B) the outcomes the Program achieved for each Strategic Plan goal; (C) any recommendations to change building codes that came out of the Program; and (D) how much the Program used recommendations from the Advisory Committee on Windstorm Impact Reduction. (7) Coordinated budget. The Committee must build a combined budget for the Program and send it to Congress within 60 days after the President submits the federal budget each year.
the actual law source: uscode.house.gov ↗public domain
(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 windstorms 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 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 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

In addition to the lead agency responsibilities described under paragraph (1), the National 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 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

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.

(5) Federal Emergency Management Agency

The 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.

(c) 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 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 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.

(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 Administration, and the Director of the Federal Emergency Management Agency shall each include in their agency’s annual budget request to Congress a description of their agency’s projected activities under the Program for the fiscal year covered by the budget request, along with an assessment of what they plan to spend on those activities for that fiscal year.

(e) Interagency Coordinating Committee on Windstorm Impact Reduction
(1) Establishment

There is established an Interagency Coordinating Committee on Windstorm Impact Reduction, chaired by the Director or the Director’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 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

The Committee shall meet not less than once a year at the call of the Director of the National Institute of Standards and Technology.

(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 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;

(C)

a description of the role of each Program 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 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

The Committee shall develop a coordinated budget for the Program, which shall be submitted to the Congress not later than 60 days after the date of the President’s budget submission for each fiscal year.

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

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 108-360 · 118 Stat. 1676
  • 2015Amended · Pub. L. 114-52 · 129 Stat. 496

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-360 on 2004-10-25.

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