1.Short title; table of
contents
(a)This Act may be cited
as the National Hurricane Research
Initiative Act of 2009
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Definitions.
Sec. 5. National Hurricane Research Initiative.
Sec. 6. National Hurricane Research Task Force.
Sec. 7. National Hurricane Research.
Sec. 8. Authorization of appropriations.
Sec. 9. Independent review.
2.Congress makes the following
findings:
(1)Hurricanes and
other tropical cyclones have directly caused more than 2,000 deaths in the
United States since 2003 and account for approximately 66 percent of insured
losses due to natural hazards.
(2)While the ability
to understand and predict hurricanes and other tropical cyclones has improved
since 1999, particularly with respect to storm tracking, much remains unknown
concerning—
(A)storm dynamics,
rapid intensity change, and impact on extratropical cyclones;
(B)the interactions
of storms with natural and built environments; and
(C)the impacts to
and response of society to destructive storms.
(3)Several expert
assessments of the state of hurricane science and research needs have been
published, including—
(A)the January 2007
report by the National Science Board titled, Hurricane Warning: The
Critical Need for a National Hurricane Initiative
;
(B)the February 2007
report by the Office of the Federal Coordinator for Meteorological Services and
Supporting Research entitled, Interagency Strategic Research Plan for
Tropical Cyclones: The Way Ahead
; and
(C)reports from the
Hurricane Intensity Working Group of the National Science Advisory Board of the
National Oceanic and Atmospheric Administration.
(4)In the June 2005
publication, Grand Challenges for Disaster Reduction
, and in
related 2008 implementation plans for hurricane and coastal inundation hazards
the Subcommittee on Disaster Reduction of the Committee on Environment and
Natural Resources of the National Science and Technology Council prioritized
Federal science and technology investments needed to reduce future loss of life
and property caused, both directly and indirectly, by hurricanes and other
coastal storms.
(5)A National
Hurricane Research Initiative complements the objectives of the National
Windstorm Impact Reduction Program.
3.It is the sense of
Congress that, consistent with the findings of the expert assessments and
strategies described in paragraphs (3) and (4) of
section
2, a National Hurricane Research Initiative should be
established to address the urgent and compelling need to undertake long-term,
coordinated, multi-entity hurricane research focused on—
(1)conducting high priority scientific,
engineering, and related social and behavioral studies; and
(2)effectively
applying the research results of such studies to mitigate the impacts of
hurricanes on society.
4.In this Act:
(1)The term Task Force means the National
Hurricane Research Task Force established under
section
6(a).
(2)The term eligible entities means State,
regional, and local government agencies and departments, tribal governments,
universities, research institutes, and nongovernmental organizations.
(3)The term Indian tribe has the meaning given
the term in section 102 of the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 479a).
(4)The
term Initiative means the National Hurricane Research Initiative
established under section 5(a)(1).
(5)National
Windstorm Impact Reduction ProgramThe term National
Windstorm Impact Reduction Program means the program established by
section 204 of the National Windstorm Impact Reduction Act of 2004 (42 U.S.C.
15703).
(6)The
term State means any State of the United States, the District of
Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, Puerto Rico, and the Virgin Islands.
(7)The term tribal government means the
governing body of an Indian tribe.
(8)The term Under Secretary means the Under
Secretary for Oceans and Atmosphere.
5.National
Hurricane Research Initiative
(a)
(1)The Under Secretary, in collaboration with the Director
of the National Science Foundation, shall establish an initiative to be known
as the National Hurricane Research Initiative
for the purposes
described in
paragraph (2). The Initiative shall consist of—
(A)the activities of
the Under Secretary under this section;
(B)the activities of
the Task Force under
section 6; and
(C)the research
carried out under
section 7.
(2)The
purposes described in this paragraph are as follows:
(A)To improve
understanding and prediction of hurricanes and other tropical storms,
including—
(i)storm tracking
and prediction;
(ii)forecasting of
storm formation, intensity, and wind and rain patterns, both within the tropics
and as the storms move poleward;
(iii)storm surge
modeling, inland flood modeling, and coastal erosion;
(iv)the interaction
with and impacts of storms with the natural and built environment; and
(v)the
impacts to and response of society to destructive storms, including the
socio-economic impacts requiring emergency management, response, and
recovery.
(B)To develop
infrastructure that is resilient to the forces associated with hurricanes and
other tropical storms.
(C)To mitigate the
impacts of hurricanes on coastal populations, the coastal built environment,
and natural resources, including—
(i)coral
reefs;
(ii)mangroves;
(iii)wetlands;
and
(iv)other natural
systems that can reduce hurricane wind and flood forces.
(D)To provide
training for the next generation of hurricane researchers and
forecasters.
(b)
(1)Not later than 18 months after the date of the enactment
of this Act, the Under Secretary shall develop a detailed, 5-year
implementation plan for the Initiative that—
(A)incorporates the
priorities for Federal science and technology investments set forth in the June
2005 publication, Grand Challenges for Disaster Reduction
, and
in related 2008 implementation plans for hurricane and coastal inundation
hazards of the Subcommittee on Disaster Reduction of the Committee on
Environment and Natural Resources of the National Science and Technology
Council;
(B)to the extent
practicable and as appropriate, establishes benchmarks, milestones, goals, and
performance measures to track progress of the research carried out under the
Initiative and the application of research results for reducing hurricane
losses and related public benefits, as recommended by the Task Force
under section
6(f)(2); and
(C)identifies
opportunities to leverage the results of the research carried out under
section
7 with other Federal and non-Federal hurricane research,
coordination, and loss-reduction initiatives, such as—
(i)the
National Windstorm Impact Reduction Program established by section 204(a) of
the National Windstorm Impact Reduction Act of 2004 (15 U.S.C. 15703);
(ii)the National
Flood Insurance Program established under chapter 1 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4011 et seq.);
(iii)the initiatives
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.);
(iv)wind hazard
mitigation initiatives carried out by a State;
(v)the
Hurricane Forecast Improvement Project of the National Oceanic and Atmospheric
Administration; and
(vi)the Working
Group for Tropical Cyclone Research of the Office of the Federal Coordinator
for Meteorological Services and Supporting Research.
(2)Not
later than 18 months after the date of the enactment of this Act, the Under
Secretary shall ensure that the implementation plan required by
paragraph
(1) is reviewed by—
(A)the Director of
the National Science Foundation;
(B)the Secretary of
Homeland Security;
(C)the Director of
the National Institute for Standards and Technology;
(D)the Commanding
General of the U.S. Army Corps of Engineers;
(E)the Commander of
the Naval Meterorology and Oceanography Command;
(F)the Associate
Administrator for Science Mission Directorate of the National Aeronautics and
Space Administration; and
(G)the Director of
the U.S. Geological Survey.
(3)The
Under Secretary shall revise the implementation plan required by
paragraph
(1) not less frequently than once every 5 years to address and
respond to the findings and recommendations of the Task Force.
(c)
(1)Establishment
of research objectivesThe Under Secretary shall, in consultation
with the Director of the National Science Foundation, establish objectives for
research carried out pursuant to
section
7 that are based on the findings of the expert assessments and
strategies described in paragraphs (3) and (4) of
section
2.
(2)In
carrying out the provisions of this subsection, the Under Secretary shall
coordinate with the Task Force to the extent practicable.
(d)National
workshops and conferencesThe Under Secretary, in coordination
with the Director of the National Science Foundation and the Task Force, shall
carry out a series of national workshops and conferences that assemble a broad
collection of scientific disciplines—
(1)to address
hurricane-related research questions; and
(2)to encourage
researchers to work collaboratively to carry out the purposes described in
subsection
(a)(2).
(e)The Under Secretary, in coordination with the Task Force,
shall facilitate the establishment of a public Internet website for the
Initiative—
(1)to foster
collaboration and interactive dialogues among the Under Secretary, the Director
of the National Science Foundation, the Task Force, and the public; and
(2)to enhance public
access to Initiative documents and products, including—
(A)information about
the members of the Task Force, including their affiliation and contact
information;
(B)meeting agenda
and minutes of the Task Force;
(C)reports and
publications of the Initiative;
(D)the most recent
5-year implementation plan developed under
subsection
(b); and
(E)the most recent
annual report submitted to Congress under
subsection
(f).
(f)
(1)Requirement for
annual crosscut budget and reportThe Under Secretary, in
conjunction with members of the Task Force who represent Federal agencies, the
Office of Science and Technology Policy, and the Office of Management and
Budget, shall submit to Congress each year, together with documents submitted
to Congress in support of the budget of the President for the fiscal year
beginning in such year (as submitted pursuant to section 1105 of title 31,
United States Code), a coordinated annual report for the Initiative for the
fiscal year in which the report is submitted and the last fiscal year ending
before such submittal.
(2)The
report required by
paragraph (1) shall—
(A)document the
funds transferred by the Under Secretary to the heads of other Federal agencies
under section 8(b);
(B)document the
grants and contracts awarded to eligible entities under
section
7;
(C)for each agency
that receives funds under section 8(b) and
eligible entity that receives a grant or contract under section 7, identify
what major activities were undertaken with such funds, grants, and contracts;
and
(D)for each research
activity or group of activities described in
section
7(c), as appropriate, identify any accomplishments, which may
include full or partial achievement of benchmarks, milestones, goals,
performance measure targets established for the implementation plan under
subsection
(b)(1)(B).
6.National
Hurricane Research Task Force
(a)Not
later than 90 days after the date of the enactment of this Act, the Under
Secretary shall establish a task force to be known as the National
Hurricane Research Task Force
to facilitate and coordinate the efforts
of Federal agencies and eligible entities in support of the Initiative.
(b)The
Task Force shall be composed of the following:
(1)The Under
Secretary, or the Under Secretary's designee.
(2)The Director of
the National Science Foundation, or the Director's designee.
(3)The Director of
the National Institute of Standards and Technology, or the Director's
designee.
(4)The Secretary of
Homeland Security, or the Secretary's designee.
(5)The Commanding
General of the U.S. Army Corps of Engineers, or the Commanding General's
designee.
(6)The Director of
the United States Geological Survey, or the Director's designee.
(7)The Administrator
of the National Aeronautics and Space Administration, or the Administrator's
designee.
(8)One member shall
be appointed by the Secretary of Defense, who shall be a representative of the
Office of Naval Research or the Chief of Naval Operations.
(9)The Federal
Coordinator for Meteorological Services and Supporting Research.
(10)The Director of
the Office of Science and Technology Policy, or the Director's designee.
(11)The Director of
the Office of Management and Budget, or the Director's designee.
(12)The Chair of the
Executive Committee of the Federal Geographic Data Committee, or the Chair's
designee.
(13)Such other
members from Federal agencies as the chairpersons of the Task Force jointly
consider appropriate.
(14)Members who are
not employees of the Federal Government, selected jointly by the chairpersons
of the Task Force in consultation with the National Academy of Sciences and the
National Academy of Engineering, as follows:
(A)At least 3
members who are prominent in the fields of hurricane science, engineering,
social science, or related fields.
(B)At least 1 member
who represents a State government agency responsible for emergency management
and response.
(C)At least 3
members who represent the views of local governments, tribal governments, and
nongovernmental organizations.
(D)At least 2
members who represent private sector interests engaged in hurricane research,
preparedness, response, or recovery.
(E)At least 1 member
who represents a State floodplain or coastal zone manager.
(F)Such other
members as may be appropriate.
(c)The
concurrent chairpersons of the Task Force shall be the following:
(1)The Under
Secretary, or the Under Secretary's designee under subsection (b)(1).
(2)The Director of
the National Science Foundation, or the Director's designee under subsection
(b)(2).
(3)The Director of
the National Institute of Standards and Technology, or the Director's designee
under subsection (b)(3).
(d)Not later than 120 days after the date of the enactment
of this Act, the Task Force shall hold its first meeting.
(e)The
Task Force shall meet at the call of the chairpersons of the Task Force, but
not less frequently than twice each year.
(f)The
duties of the Task Force are as follows:
(1)To provide
assistance to the Under Secretary with the development of the 5-year
implementation plan required by
section
5(b).
(2)Not later than
270 days after the date of the enactment of this Act and in consideration of
the expert findings referred to in
section
2(3)—
(A)to develop and
furnish to the Under Secretary findings and recommendations, as appropriate,
for monitoring research progress and for a set of benchmarks, milestones,
goals, and performance measures to track the transition and application of
research results for reducing hurricane losses and related public benefits
under the Initiative;
(B)to identify
interim and long-term goals of the research program under
section
7; and
(C)to prioritize the
activities of the Initiative over a 10-year period.
(3)To improve
communication and coordination among Federal agencies with respect to
hurricane-related research, developments in hurricane forecasting and
operations, and best practices for applying results of Initiative research to
reduce loss of life and property damage resulting from hurricanes.
(4)To identify
opportunities to leverage the activities and products of the Initiative with
the National Windstorm Impact Reduction Program and other Federal and
non-Federal hurricane research, coordination, and loss reduction
programs.
(5)To recommend a
model described in
section 7(c)(1)(A) and monitor progress on development of such
model.
(6)To make
recommendations to the Under Secretary and the Director of the National Science
Foundation on research priorities and content and structure of the program
established under section 7(a)(1).
(7)To make
recommendations on national hurricane research observation and data
requirements.
(8)To assess
opportunities to leverage the capabilities of the following
stakeholders:
(A)Federal, State,
and local governments.
(B)Tribal
governments.
(C)Academic and
research institutions.
(D)Entities from the
private sector.
(E)Nongovernmental
organizations.
(9)To evaluate the
extent to which the stakeholders described in paragraph (8) have been engaged
as partners and collaborators in the Initiative.
(10)To assist the
Under Secretary in facilitating the development of the annual report required
by section
5(f).
(11)To review such
report and provide comments to the Under Secretary.
(12)To submit to the
National Science and Technology Council and to Congress, together with
documents submitted to Congress in support of the budget of the President for
the 2012 fiscal year (as submitted pursuant to section 1105 of title 31, United
States Code), a report containing a comprehensive review of the progress of the
Initiative in meeting the needs of the United States to understand hurricanes,
their impacts on natural and built environment, and methods to mitigate such
impacts.
(g)
(1)The Task Force may establish such advisory bodies as
the Task Force considers necessary to assist the Task Force in its duties under
subsection
(f).
(2)An
advisory body established under paragraph (1) shall represent a broad variety
of private and public interests.
(h)Advisors to the
Task ForceThe Task Force may seek advice and input from any
interested, knowledgeable, or affected party as the Task Force considers
necessary to carry out the duties under
subsection
(f).
(i)
(1)All members of the Task Force who are officers or
employees of the United States shall serve without compensation in addition to
that received for their services as officers or employees of the United
States.
(2)The members of the Task Force shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of business in the
performance of services for the Task Force.
(j)Procurement of
temporary and intermittent servicesThe Chairpersons may procure
temporary and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of such title.
(k)Notwithstanding section 1342 of title 31, United States
Code, the Commission may accept and use voluntary and uncompensated services as
the Commission determines necessary.
(l)Exemption from
FACA notice requirement for Task Force advisory bodiesAn
advisory body established by the Task Force under
subsection
(g) shall not be subject to section 10(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App. 10(a)(2)).
(m)Termination of
Task ForceThe Task Force shall terminate on September 30,
2018.
7.National
Hurricane Research
(a)National
Science Foundation competitive grant research program
(1)The Director of the National Science Foundation, in
coordination with the Under Secretary, shall establish a program to award
grants to eligible entities to carry out—
(A)research
described in subsection (c);
or
(B)other research
that is consistent with the research objectives established under
section
5(c)(1).
(2)The
National Science Foundation shall select grant recipients under this section
through its merit review process.
(b)National
Oceanic and Atmospheric Administration research program
(1)The Under Secretary shall carry out a program of research
described in subsection (c) or
other research that is consistent with the research objectives established
under section
5(c)(1).
(2)Research carried out under paragraph (1) may be
carried out through—
(A)intramural
research;
(B)awarding grants
to eligible entities to carry out research;
(C)contracting with
eligible entities to carry out research; or
(D)entering into
cooperative agreements to carry out research.
(c)The
research described in this subsection is research that is consistent with the
purposes described in section 5(a)(2) and
is described by one or more of the following:
(1)Fundamental
hurricane researchFundamental hurricane research, which may
consist of the following:
(A)Community
research modelsResearch to support continued development and
maintenance of community weather research and forecast models recommended by
the Task Force under
section 6(f)(5), including advanced methods of observing storm
structure and assimilating observations into the models, in which the agency or
institution hosting the models ensures broad access and use of the model by
members of the Task Force and the civilian research community.
(B)Predicting
hurricane intensity and structureResearch to improve
understanding and prediction of—
(i)storm formation
and tracking with extended time scale to weeks in advance;
(ii)rapid changes in
storm size, motion, structure, and intensity;
(iii)the internal
dynamics of storms;
(iv)the transition
to extratropical characteristics as storms move poleward; and
(v)the
interactions of storms with environmental conditions, including the atmosphere,
ocean, and land surface.
(C)Understanding
air and sea interactionsResearch regarding observations, theory,
and modeling to improve understanding of air and sea interaction in hurricanes
and other high wind speed environments.
(D)Predicting
storm surge, waves, rainfall, inland flooding, and strong winds produced by
hurricanesResearch to understand, model, and predict rainfall,
coastal and riverline flooding, high winds, and the potential occurrence of
tornadoes, including probabilistic modeling, mapping, and visualization of
risk.
(E)Relationships
between hurricanes and climate variability and changeResearch to
improve the understanding of the complex relationships between hurricanes and
climate on seasonal to decadal time scales, such as research to determine the
most effective methods to use observational information and numerical-model
simulations to examine short-term and long-term impacts of climate on changes
in storm intensity, geographic distribution, and frequency.
(F)Relationships
between hurricanes and ecosystemsResearch to improve the
understanding of how hurricanes affect ecosystems, landscapes, and natural
resources and to develop assessments for hurricane vulnerability and risk,
including—
(i)how
ecosystems have been influenced by past hurricanes and the ability and capacity
of ecosystems to recover from the effects of hurricanes;
(ii)how ecosystem
management practices can minimize disruptions to ecosystem functions and
dependent economic uses as a result of hurricanes; and
(iii)the role of
natural features, such as barrier islands, wetlands, and mangroves, in—
(I)acting as natural
buffers to wind and flood forces; and
(II)improving
coastal resiliency.
(2)Technology
assessment and developmentTechnology assessment and development,
which may consist of the following:
(A)Improved
observation of hurricanes and tropical stormsResearch to improve
hurricane and tropical storm observations and to improve the understanding of
the complex nature of storms and their interaction with the natural and built
environment through development and application of new technologies, such
as—
(i)mobile radars and
advanced airborne observing technologies;
(ii)global
positioning system technology;
(iii)unmanned
vehicles;
(iv)satellite-based
sensors;
(v)ground-based and
aerial wireless sensors; and
(vi)other geospatial
technologies and geospatial data, including bathymetry and elevation.
(B)Research and development of robust computational
capabilities and facilities required to conduct numerical and other types of
modeling that support the scientific studies and research carried out under the
Initiative as well as data acquisition and modeling during hurricane events,
including research to improve understanding of the efficient utility of
multiple models that—
(i)require sharing
and interoperability of databases, computing environments, networks,
visualization tools, and analytic systems that improve on such technologies
that are available on the date of the enactment of this Act; and
(ii)are used for
transitioning hurricane research assets into operational practice.
(C)Technologies
for disaster response and recoveryResearch to improve damage
assessments after a hurricane and emergency communications during hurricane
response and recovery, including improvements to—
(i)communications
networks for government agencies and nongovernmental entities;
(ii)network
interoperability;
(iii)cyber-security
during hurricane or storm related emergencies; and
(iv)use of models,
remote sensing, and statistically based ground sampling to support effective
and rapid damage assessment to scale disaster response and recovery
needs.
(3)Research
integration, transition, and applicationResearch on integration,
transition, and application of research results, which may consist of the
following:
(A)Transition of
research to operationsResearch to develop mechanisms to
accelerate the application of improved models, observations, communication, and
risk assessment systems, and related research products to forecasting and other
operational settings, including use of 1 or more developmental test
beds.
(B)Assessing
vulnerable infrastructureDeveloping a national engineering
assessment and clearinghouse of coastal infrastructure by leveraging and
building upon existing Federal activities, resources, and research, including
infrastructure related to levees, sea walls, and similar coastal
flood-protection structures, drainage systems, bridges, water and sewage
utilities, power, and communications, to determine the level of vulnerability
of such infrastructure to damage from hurricanes.
(C)Interaction of
hurricanes with engineered structuresResearch to improve
understanding of the impacts of hurricanes and tropical storms on buildings,
structures, and housing combined with modeling that is essential for guiding
the creation of improved building designs and construction codes in locations
particularly vulnerable to hurricanes.
(D)Research to improve the manner in which
hurricane-related information is provided to, and utilized by, the public and
government officials, including research to assist officials of State, tribal,
regional, or local governments in—
(i)determining the
circumstances in which evacuations are required; and
(ii)carrying out
such evacuations.
(E)Research to—
(i)assess the
social, behavioral, and economic factors that influence decision making by the
public, government officials, nongovernmental entities, the private sector, and
other impacted populations before, during, and in the aftermath of
hurricanes;
(ii)improve the
translation of natural science and engineering research carried out under the
Initiative into informed decision making that enables communities, economies,
and the man-made and natural environments to become resilient to hurricane
impacts, including development of effective risk and vulnerability assessment
and risk communication tools; and
(iii)develop methods
of assessing disaster recovery costs, both government and nongovernment, and of
comparing the relative benefits of disaster mitigation methods with disaster
recovery costs.
8.Authorization of
appropriations
(a)There are authorized
to be appropriated for fiscal years 2010 through 2015 amounts as
follows:
(1)To the Under
Secretary, $18,750,000 to carry out sections 5, 6, and 7(b), of which not less
than $13,750,000 shall be used to carry such section 7(b).
(2)To the Director
of the National Science Foundation, $56,250,000 to carry out sections 5 and
7(a).
(b)Interagency
transfer of funds
(1)Transfers by
Under Secretary for Oceans and AtmosphereOf amounts appropriated
pursuant to the authorization of appropriations under subsection (a)(1), the
Under Secretary may transfer to the heads of other Federal agencies such
amounts as the Under Secretary considers appropriate to carry out sections 5,
6, and 7(b).
(2)Transfers by
Director of the National Science FoundationOf amounts
appropriated pursuant to the authorization of appropriations under subsection
(a)(2), the Director of the National Science Foundation may transfer to the
heads of other Federal agencies such amounts as the Director considers
appropriate to carry out sections 5 and 7(a).
9.
(a)
(1)The Under Secretary shall seek to enter into an agreement
with the National Research Council of the National Academies for the National
Research Council to perform the services covered by this section.
(2)The
Under Secretary shall seek to enter into the agreement described in paragraph
(1) not later than 180 days after the date of the enactment of this Act.
(b)Independent
review of National Hurricane Research InitiativeUnder an
agreement between the Under Secretary and the National Research Council under
this section, the National Research Council shall carry out an independent
review of the Initiative. In carrying out the review, the National Research
Council shall review the following:
(1)Whether the
Initiative has well-defined, prioritized, and appropriate research
objectives.
(2)Whether the
Initiative is properly coordinated among relevant Federal agencies and
stakeholders.
(3)Whether the
Initiative has allocated appropriate resources to each of the research
objectives.
(4)Whether suitable
mechanisms exist for transitioning the research results from the Initiative
into operational technologies and procedures and activities in a timely
manner.
(c)Not
later than 4 years after the date of the enactment of this Act, the Under
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and Technology of the
House of Representatives a report on the results of the review carried out
under this section.
(d)Authorization
of appropriationsThere is authorized to be appropriated to the
Under Secretary, $750,000 to carry out this section.