II

103D CONGRESS

2D SESSION S. 2441

To provide for an independent review of the implementation of the National

Implementation Plan for modernization of the National Weather Service

at specific sites, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 19 (legislative day, SEPTEMBER 12), 1994

Mr. HEFLIN introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

A BILL

To provide for an independent review of the implementation

of the National Implementation Plan for modernization

of the National Weather Service at specific sites, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Weather Service Mod5 ernization Review Act of 1994’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
2

•S 2441 IS

1 (1) the safety and welfare of the public depends

2 on the provision of accurate and timely weather in3 formation;

4 (2) in general, the National Implementation

5 Plan for modernization of the National Weather

6 Service required under the Weather Service Mod7 ernization Act provides a cost effective approach to

8 initiation of weather service modernization;

9 (3) some geographic areas may not realize the

10 full benefits of weather service implementation under

11 the plan; and

12 (4) no independent process presently exists to

13 receive public comment, provide technical review, or

14 recommend remediation plans for communities or re15 gions of the country that assert that the National

16 Implementation Plan has resulted in or will result in

17 a degradation of existing service.

18 SEC. 3. RESPONSIBILITIES OF THE SECRETARY.

19 (a) The Secretary of Commerce (in this Act referred

20 to as the ‘‘Secretary’’) shall provide for the public safety

21 by ensuring that the implementation of the National Im22 plementation Plan for the modernization of the National

23 Weather Service required under the Weather Service Mod24 ernization Act (in this Act referred to as the ‘‘National

25 Implementation Plan’’) does not result in a degradation
3

•S 2441 IS

1 of service in any specific geographic area, which shall in2 clude maintaining radar coverage with no degradation of

3 service for areas served by the National Weather Service

4 system, and also shall provide for radar coverage in some

5 areas which might not otherwise be adequate with respect

6 to specific unique weather phenomena which pose a sub7 stantial threat to public safety.

8 (b) Within 60 days after the date of enactment of

9 this Act, and biennially thereafter until 2 years have

10 passed after the implementation of the National Imple11 mentation Plan is completed, the Secretary shall publish

12 a notice in the Federal Register soliciting public comment

13 for a period of 60 days on specific geographic areas where

14 there is uncertainty whether such implementation will re15 sult in or has resulted in any degradation in service.

16 (c) Within 180 days after the date of enactment of

17 this Act, and within 60 days after the end of each biennial

18 comment period under subsection (b), the Secretary shall

19 enter into an agreement for an independent review, to be

20 completed within 180 days, by the National Research

21 Council of the National Academy of Sciences. The Sec22 retary, in consultation with the Modernization Transition

23 Committee established under section 707 of the Weather

24 Service Modernization Act, shall select geographic areas

25 for such independent review, based on comments received
4

•S 2441 IS

1 through a public comment period under subsection (b).

2 Such review shall, for each geographical area selected—

3 (1) evaluate any unique or extraordinary weath4 er conditions in the area;

5 (2) consider the proposed NEXRAD radar cov6 erage for the area, particularly to determine if the

7 area is or will be in an area of weak radar coverage;

8 (3) consider the effects of closing any local

9 Weather Service office on local weather service and

10 interaction with local emergency management agen11 cies;

12 (4) consider the effects of transferring local

13 warning responsibility to a remote Weather Forecast

14 Office, including the effect on issuing weather

15 warnings by that remote office and communicating

16 with emergency management personnel with regard

17 to weather emergencies; and

18 (5) evaluate and compare the feasibility and

19 cost of proposed remedial actions, including options

20 for relocating overlapping military and civilian

21 NEXRAD facilities.

22 (d) The National Research Council shall submit rec23 ommendations, including any dissenting views, to the Sec24 retary regarding the need to supplement the National Im25 plementation Plan, revise any specific siting plans, estab-
5

•S 2441 IS

1 lish radar coverage at altitudes less than 10,000 feet, or

2 improve radar coverage service.

3 (e) Within 60 days after receiving recommendations

4 from the National Research Council under subsection (d),

5 the Secretary shall transmit to the Congress a report con6 taining—

7 (1) the recommendations of the National Re8 search Council; and

9 (2) the actions the Secretary proposes to take

10 in response to those recommendations.

11 (f) For any area selected for review under subsection

12 (c), the Secretary shall take no action which may result

13 in a reduction of public safety, including the closure of

14 weather service offices, transfer of responsibilities or du15 ties of those offices, decommissioning of any warning

16 radar, or transfer or reduction in personnel in those of17 fices, until such time as the independent review is com18 pleted and a report with respect to such review is trans19 mitted to the Congress under subsection (e).

20 (g) In carrying out this Act, the Secretary shall con21 sult with the Secretary of Defense and with the Secretary

22 of Transportation with respect to coverage of those De23 partment of Defense radars and Department of Transpor-
6

•S 2441 IS

1 tation radars, respectively, which supplement the civil

2 system.

Æ