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[Senate Report 114-154]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 268
114th Congress    }                                      {      Report
                                 SENATE
 1st Session      }                                      {     114-154

______________________________________________________________________

                  

                NATIONAL WEATHER SERVICE IMPROVEMENT ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1573

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                October 19, 2015.--Ordered to be printed
                
                                 ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

59-010                         WASHINGTON : 2015                 
                
                
                
                
                
                
                
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             first session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                    David Schwietert, Staff Director
                   Nick Rossi, Deputy Staff Director
                    Rebecca Seidel, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel
                 
                 
                 
                 
                 
                                                      Calendar No. 268
114th Congress    }                                      {      Report
                                 SENATE
 1st Session      }                                      {     114-154

======================================================================

 
                NATIONAL WEATHER SERVICE IMPROVEMENT ACT

                                _______
                                

                October 19, 2015.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1573]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1573) to establish regional 
weather forecast offices, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and an amendment to 
the title and recommends that the bill (as amended) do pass.\1\
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    \1\The Committee ordered S.1573 to be reported with an amendment to 
the long title so as to read: ``A bill to improve communications from 
the National Weather Service regarding severe weather risks, and for 
other purposes.''
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                          Purpose of the Bill

    The purpose of S. 1573, the Weather Alerts for a Ready 
Nation Act of 2015,\2\ is to improve communication from the 
National Weather Service (NWS) regarding severe weather risks, 
establish a warning coordination meteorologist in all 122 
current weather forecast offices, and require the Administrator 
of the National Oceanic and Atmospheric Administration (NOAA) 
to submit a report to Congress that details the use of contract 
positions within the NWS.
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    \2\The reported bill also would change the short title to the 
Weather Alerts for a Ready Nation Act of 2015.
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                          Background and Needs

    The NWS, housed within NOAA, is charged with providing 
weather, water, and climate data, forecasts, and warnings in 
order to protect life and property and to enhance the Nation's 
economy.\3\ The NWS routinely provides public, marine, and 
aviation forecasts in addition to advisories and warnings when 
necessary.\4\ The NWS data and products form a national 
information database and infrastructure that is used by other 
government agencies, private sector weather services 
organizations (e.g., The Weather Channel, Accurate), and the 
public. The emergency management communities depend upon the 
NWS for weather-related information, and the NWS depends on its 
core partners to disseminate the critical information to the 
general public.\5\
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    \3\National Weather Service. About NOAA's National Weather Service. 
Available at: http://www.weather.gov/about (accessed April 10, 2013).
    \4\National Research Council. 2012. The National Weather Service 
Modernization and Associated Restructuring: A Retrospective Assessment. 
Available at http://www.nap.edu/catalog/13216/the-national-weather-
service-modernization-and-associated-restructuring-a-retrospective.
    \5\National Academy of Public Administration. 2013. Forecast for 
the Future: Assuring the Capacity of the National Weather Service. 
Available at http://www.napawash.org/2013/1455-forecast-for-the-future-
national-weather-service.html.
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    For a forecast to be most effective, it not only must be 
accurate, but it must be communicated in such a manner so that 
it is understood by the intended audience. As noted by the 
National Research Council, the NWS has made substantial 
progress in improving forecasts, but has struggled with how to 
better communicate its warnings and forecasts.\6\ To better 
address the public's understanding of such warnings and 
forecasts, the NWS has begun to employ warning coordination 
meteorologists in some of its weather forecast offices. The 
responsibilities of a warning coordination meteorologist are to 
strengthen the interface between the NWS and its users. This 
type of position creates the opportunity for increased 
interaction with users such as the public, media outlets, the 
agricultural sector, and water managers, and to evaluate the 
adequacy and usefulness of NWS products and services. It is 
also necessary for the NWS to work closely with emergency 
managers to ensure effective preparedness. As weather forecasts 
are often difficult to understand, yet require public action, 
it is essential that end users and scientists work together 
toward providing improved impact forecasts.\7\
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    \6\National Research Council. 2010. When Weather Matters: Science 
and Service to Meet Critical Societal Needs. Available at http://
www.nap.edu/catalog/12888/when-weather-matters-science-and-service-to-
meet-critical-societal.
    \7\National Research Council. 2010. When Weather Matters: Science 
and Service to Meet Critical Societal Needs. Available at http://
www.nap.edu/catalog/12888/when-weather-matters-science-and-service-to-
meet-critical-societal.
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    The 48-hour track forecast of Hurricane Katrina was nearly 
perfect; however, this devastating hurricane caused more than 
1,000 direct weather fatalities and more than $81 billion in 
property and crop damage.\8\ This is not a unique scenario and 
examples of similar situations have been the subject of study 
and concern--including a May 2013 tornado outbreak in Oklahoma 
that raised concern in the field of meteorology. In this 
particular instance, 11 days after a devastating tornado 
touched down in the City of Moore, Oklahoma, another 2-mile 
wide tornado touched down 30 miles west of Oklahoma City and 
caused tens of thousands of people to spontaneously flee, 
causing a standstill traffic jam on an interstate highway. The 
two-mile wide tornado lifted as it came toward the city, but 
had it not it is estimated that the number of people killed 
could have climbed into the hundreds, if not reaching the level 
of loss in Hurricane Katrina.\9\
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    \8\Ibid.
    \9\Testimony of Dr. Kim Klochow, Postdoctoral Researcher University 
Corporation for Atmospheric Research, in U.S. Congress, Senate 
Committee on Commerce, Science, and Transportation, Weathering the 
Storm: How Can We Better Communicate Weather to Enhance Commerce and 
Safety?, hearings, 114th Cong., 1st sess., April 22, 2015 (Washington, 
DC).
---------------------------------------------------------------------------
    Examples like this are evidence of the fundamental need for 
the research and partnership that must be developed between the 
weather community and social scientists. Understanding how 
people interpret forecasts and how that interpretation can 
influence behavior and motivation are valuable in advancing the 
impact the weather enterprise can have on saving lives. Weather 
forecasting is inherently uncertain; therefore, it is 
particularly important to address the communication of 
uncertainty to users and the need to discuss not only 
predictions of weather variables, but predictions of weather 
impacts.\10\ As a result of these gaps, many experts believe 
that social science should be considered a primary element of 
the solution and not just considered in hindsight.
---------------------------------------------------------------------------
    \10\Ibid.
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    With respect to NOAA oversight, the Committee was made 
aware that in January 2012, the Department of Commerce's Office 
of Inspector General (OIG) received multiple anonymous 
complaints identifying a senior official who was personally 
involved in the procurement of his own lucrative post-
retirement consulting position within the NWS.\11\ The 
individual was included in developing the applicable statement 
of work, salary, creation of the position, and arrangements for 
approximately $50,000 worth of housing expense reimbursement to 
which he was not entitled. As a result of the investigation, 
NOAA took action to terminate the contract. The OIG is also 
taking steps to ensure this is not a more systematic 
``revolving door'' issue within the agency.
---------------------------------------------------------------------------
    \11\Department of Commerce Office of Inspector General. 2015. 
National Oceanic and Atmospheric Administration. Investigation into 
Alleged Contracting Misconduct and Exertion of Improper Influence 
Involving a Senior National Weather Service Official. Final Report No. 
OIG-12-0447. Available at http://www.oig.doc.gov/OIGPublications/OIG-
12-0447-I.pdf.
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                         Summary of Provisions

    S. 1573, the Weather Alerts for a Ready Nation Act of 2015, 
would direct NOAA to designate a warning coordination 
meteorologist in each of the 122 current weather forecast 
offices. The warning coordination meteorologist would be 
responsible for interfacing with the users of NWS products and 
services. In addition, S. 1573 would further require NOAA to 
evaluate and improve the current communication of hazardous 
weather and water events to prevent loss of life and property. 
Any implementation that would change the current warning system 
would require NOAA to consider social and behavioral sciences, 
the needs of various demographics, and needs of stakeholders.
    Lastly, S. 1573 would require the Administrator of NOAA to 
submit to Congress a report that details the use of contract 
positions within the NWS, addressing a recent OIG report that 
discovered the inappropriate creation of a lucrative post-
retirement position for a previous NWS employee--which point to 
potential concerns within NOAA and the NWS regarding such 
arrangements. After the initial report, which would be due 180 
days following enactment, there would be an annual reporting 
requirement with the information to be publicly available.

                          Legislative History

    S. 1573 was introduced by Senator Thune on June 15, 2015. 
Senators Thune and Schatz submitted a substitute amendment to 
be considered for the Executive Session. On June 25, 2015, the 
Committee met in open Executive Session and, by a voice vote, 
ordered S. 1573 to be reported favorably with an amendment in 
the nature of a substitute.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 1573--Weather Alerts for a Ready Nation Act of 2015

    S. 1573 would require the National Weather Service (NWS) to 
employ a warning coordinator at each of its weather forecast 
offices and to conduct certain studies. Assuming appropriation 
of the necessary amounts, CBO estimates that implementing the 
legislation would cost $1 million over the 2016-2017 period. 
Because enacting the bill would not affect direct spending or 
revenues, pay-as-you-go procedures do not apply.
    The bill would require NWS to ensure that each of the 
agency's 122 weather forecast offices has a warning 
coordinator. Because the agency already meets that requirement, 
CBO estimates that implementing this provision would not affect 
federal spending. The bill also would require the agency to 
study the effectiveness of the hazardous weather alert system 
and to report on the use of contractors at NWS. Based on 
information from NOAA, CBO estimates that conducting those 
studies would cost $1 million over the 2016-2017 period, 
assuming availability of appropriate funds.
    S. 1573 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
Public entities, such as state or local government agencies 
responsible for responding to weather emergencies, would 
benefit from information and technical assistance provided by 
the National Weather Service.
    The CBO staff contacts for this estimate are Ben 
Christopher and Jeff LaFave. The estimate was approved by 
Theresa Gullo, Assistant Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

    S. 1573 as reported would not create any new programs or 
impose any new regulatory requirements, and therefore would not 
subject any individuals or businesses to new regulations.

                            ECONOMIC IMPACT

    Enactment of this legislation is not expected to have any 
inflationary or adverse impact on the Nation's economy.

                                PRIVACY

    The bill would not impact the personal privacy of 
individuals.

                               PAPERWORK

    S. 1573 would require reports from the Federal Government. 
The Administrator of NOAA would provide to Congress a report on 
the current watch and warning system and recommendations to 
improve this system. The Administrator should also provide 
yearly updates to Congress until the watch and warning system 
has been updated. The Administrator also would provide a report 
to Congress regarding certain details on employees contracted 
by NOAA, and would be required to provide this same information 
on a website to be updated annually.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short title.

    This section would designate the short title of the bill as 
the ``Weather Alerts for a Ready Nation Act of 2015.''

Section 2. Warning coordination meteorologists at weather forecast 
        offices of National Weather Service.

    This section would require the NWS to employ at least one 
warning coordination meteorologist to be located at each of the 
established 122 weather forecast offices. The role of the 
warning coordination meteorologist would be to provide service 
to the geographic area covered by the weather forecast office; 
liaise with users of NWS products such as the public and media; 
collaborate locally to tailor products and services to improve 
their usefulness; and work closely with State, local, and 
tribal government agencies. Each warning coordination 
meteorologist may also identify community preparedness 
objectives and develop plans for promoting more effective use 
of NWS products and services; and conduct citizen education 
about severe weather preparedness. It is the Committee's 
intention to clarify and codify the role of the existing 
employees, not to create a duplicative or conflicting position.

Section 3. Improving National Oceanic and Atmospheric Administration 
        communication of hazardous weather and water events.

    This section would direct NOAA to evaluate the current 
system used for issuing severe weather watches and warnings. 
The evaluation should focus on methods to clearly communicate 
risks, ways to broadly disseminate information, and how the 
system could help prevent the loss of life and property. A 
report of this evaluation, done in consultation with other NOAA 
line offices, the academic sector, the media, non-Federal 
forecasters, and emergency planners and responders would be 
required to be submitted to Congress not later than two years 
after the date of enactment. Beginning not later than four 
years after enactment, NOAA would be required to annually 
update Congress on its progress implementing a new watch and 
warning system, until it has satisfied the requirements in this 
section, at which point it would be required to issue a final 
report.

Section 4. Report on contract positions at the National Weather 
        Service.

    This section would require NOAA to submit a report to 
Congress 180 days after the date of enactment that summarizes, 
with respect to the most recent completed fiscal year, full-
time employees and contractors employed within the NWS 
disaggregate by each equivalent level of the General Schedule. 
The report would include comparisons between NWS employees and 
contract employees with regard to salary, positions, and 
quantity. NOAA would be required to also include information on 
actions taken to respond to an OIG report (OIG-12-0447) that 
raised concerns over NOAA hiring former employees into 
lucrative post-retirement contract positions. For each fiscal 
year after the year covered by the initial report, NOAA and the 
NWS would be required to provide the above information through 
a publicly accessible website.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
bill as reported would make no change to existing law.

                                  [all]
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