15 U.S.C. § 9705 (COMMERCE AND TRADE)
§ 9705. Improving National Oceanic and Atmospheric Administration communication of future flood risks and hazardous flash flood events
(a) Assessment of flash flood watches and warnings
(1) In general
Not later than 2 years after December 27, 2022, the Administrator shall—
(A) conduct an assessment of—
(i) the flash flood watches and warnings of the National Weather Service; and
(ii) the information delivery to support preparation and responses to floods; and
(B) submit to Congress a report on the findings of the Administrator with respect to the assessment required by subparagraph (A).
(2) Elements
The assessment required by paragraph (1)(A) shall include the following:
(A) An evaluation of whether the watches, warnings, and information described in paragraph (1)(A) effectively—
(i) communicate risk to the general public;
(ii) inform action to prevent loss of life and property;
(iii) inform action to support flood preparation and response; and
(iv) deliver information in a manner designed to lead to appropriate action.
(B) Subject to subsection (b)(2), such recommendations as the Administrator may have for—
(i) legislative and administrative action to improve the watches and warnings described in paragraph (1)(A)(i); and
(ii) such research as the Administrator considers necessary to address the focus areas described in paragraph (3).
(3) Focus areas
The assessment required by paragraph (1)(A) shall focus on the following areas:
(A) Ways to communicate the risks posed by hazardous flash flood events to the public that are most likely to result in informed decision making regarding the mitigation of those risks.
(B) Ways to provide actionable geographic information to the recipient of a watch or warning for a flash flood, including partnering with emergency response agencies, as appropriate.
(C) Evaluation of information delivery to support the preparation for and response to floods.
(4) Consultation
In conducting the assessment required by paragraph (1)(A), the Administrator shall consult with—
(A) individuals in the academic sector, including individuals in the field of social and behavioral sciences;
(B) other weather services;
(C) media outlets and other entities that distribute the watches and warnings described in paragraph (1)(A)(i);
(D) floodplain managers and emergency planners and responders, including State, local, and Tribal emergency management agencies;
(E) other government users of the watches and warnings described in paragraph (1)(A)(i), including the Federal Highway Administration; and
(F) such other Federal agencies as the Administrator determines rely on watches and warnings regarding flash floods for operational decisions.
(5) National Academy of Sciences
The Administrator shall engage with the National Academy of Sciences, as the Administrator considers necessary and practicable, including by contracting with the National Research Council to review the scientific and technical soundness of the assessment required by paragraph (1)(A), including the recommendations under paragraph (2)(B).
(6) Methodologies
In conducting the assessment required by paragraph (1)(A), the Administrator shall use such methodologies as the Administrator considers are generally accepted by the weather enterprise, including social and behavioral sciences.
(b) Improvements to flash flood watches and warnings
(1) In general
Based on the assessment required by subsection (a)(1)(A), the Administrator shall make such improvements to the watches and warnings described in that subsection as the Administrator considers necessary—
(A) to improve the communication of the risks posed by hazardous flash flood events; and
(B) to provide actionable geographic information to the recipient of a watch or warning for a flash flood.
(2) Requirements regarding recommendations
In conducting the assessment required by subsection (a)(1)(A), the Administrator shall ensure that any recommendation under subsection (a)(2)(B) that the Administrator considers a major change—
(A) is validated by social and behavioral science using a generalizable sample;
(B) accounts for the needs of various demographics, vulnerable populations, and geographic regions;
(C) responds to the needs of Federal, State, local, and Tribal government partners and media partners; and
(D) accounts for necessary changes to federally operated watch and warning propagation and dissemination infrastructure and protocols.
(c) Definitions
In this section:
(1) Watch; warning
(A) In general
Except as provided in subparagraph (B), the terms “watch” and “warning”, with respect to a hazardous flash flood event, mean products issued by the National Oceanic and Atmospheric Administration, intended for use by the general public—
(i) to alert the general public to the potential for or presence of the event; and
(ii) to inform action to prevent loss of life and property.
(B) Exclusion
The terms “watch” and “warning” do not include technical or specialized meteorological and hydrological forecasts, outlooks, or model guidance products.
(2) Weather enterprise
The term “weather enterprise” has the meaning given that term in section 8501 of this title.
(Pub. L. 117–316, § 6, Dec. 27, 2022, 136 Stat. 4410.)