[Congressional Record Volume 166, Number 135 (Thursday, July 30, 2020)]
[Senate]
[Pages S4644-S4647]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  NATIONAL LANDSLIDE PREPAREDNESS ACT

  Mr. SULLIVAN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 315, S. 529.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 529) to establish a national program to identify 
     and reduce losses from landslide hazards, to establish a 
     national 3D Elevation Program, and for other purposes.

  The PRESIDING OFFICER. Is there objection to proceeding to the 
measure?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Landslide 
     Preparedness Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) 3D.--The term ``3D'' means 3-dimensional.
       (2) 3D elevation data.--
       (A) In general.--The term ``3D elevation data'' means 3D, 
     high-resolution data obtained using LiDAR, IfSAR, or other 
     methods over the United States (including territories).
       (B) Inclusions.--The term ``3D elevation data'' includes 
     terrestrial and bathymetric elevation data.
       (3) 3D elevation program.--The term ``3D Elevation 
     Program'' means the 3D Elevation Program established under 
     section 5(a).
       (4) IfSAR.--The term ``IfSAR'' means interferometric 
     synthetic aperture radar.
       (5) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (6) Lahar.--The term ``lahar'' means a large debris flow of 
     mostly volcanic material that is--
       (A) often fast-moving; and
       (B) a hazard in watersheds downstream of volcanic peaks.
       (7) LiDAR.--The term ``LiDAR'' means light detection and 
     ranging.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the United 
     States Geological Survey.
       (9) State.--The term ``State'' means--
       (A) a State; and
       (B) the District of Columbia.
       (10) State office.--The term ``State office'' means any 
     unit of State government that handles the identification, 
     mapping, assessment, and research of landslide hazards or 
     responding to landslide events, including--
       (A) a State geological survey office;
       (B) a State department of emergency response; and
       (C) a State department of transportation.
       (11) Territory.--The term ``territory'' means--
       (A) the Commonwealth of Puerto Rico;
       (B) Guam;
       (C) American Samoa;
       (D) the Commonwealth of the Northern Mariana Islands;
       (E) the Federated States of Micronesia;
       (F) the Republic of the Marshall Islands;
       (G) the Republic of Palau; and
       (H) the United States Virgin Islands.

     SEC. 3. NATIONAL LANDSLIDE HAZARDS REDUCTION PROGRAM.

       (a) Establishment.--The Secretary shall establish a 
     program, to be known as the ``National Landslide Hazards 
     Reduction Program'' (referred to in this section as the 
     ``program'')--

[[Page S4645]]

       (1) to identify and understand landslide hazards and risks;
       (2) to reduce losses from landslides;
       (3) to protect communities at risk of landslide hazards; 
     and
       (4) to help improve communication and emergency 
     preparedness, including by coordinating with communities and 
     entities responsible for infrastructure that are at risk of 
     landslide hazards.
       (b) Description of Program.--
       (1) Program activities.--The Secretary, in coordination 
     with the Interagency Coordinating Committee on Landslide 
     Hazards established by subsection (c)(1) (referred to in this 
     section as the ``Committee'') and in coordination with 
     existing activities of the United States Geological Survey 
     and other Federal agencies, shall--
       (A) identify, map, assess, and research landslide hazards;
       (B) respond to landslide events; and
       (C) in coordination with State offices, units of local 
     government, territories, and Indian tribes--
       (i) establish working groups with State offices, units of 
     local government, territories, and Indian tribes to identify 
     regional and local priorities for researching, identifying, 
     mapping, and assessing landslide hazards; and
       (ii) develop and implement landslide hazard guidelines 
     for--

       (I) geologists;
       (II) geological and geotechnical engineers;
       (III) emergency management personnel; and
       (IV) land use and other decisionmakers.

       (2) National strategy.--Not later than 1 year after the 
     date of enactment of this Act, and every 5 years thereafter, 
     the Secretary, in coordination with the Committee, shall 
     develop and publish a national strategy for landslide 
     hazards, risk reduction, and response in the United States 
     (including territories), which shall include--
       (A) goals and priorities for the program;
       (B) priorities for data acquisition, research, 
     communications, and risk management on landslides and 
     landslide hazards across relevant Federal agencies; and
       (C) a detailed interagency plan, which shall take into 
     consideration national disaster preparedness, response, and 
     recovery frameworks, to carry out the national strategy, 
     including details about the programs, projects, and budgets 
     that will be used to implement the national strategy.
       (3) National landslide hazards database.--In carrying out 
     the program, the Secretary, in coordination with State 
     offices, units of local government, territories, and Indian 
     tribes, shall develop and maintain a publicly accessible 
     national landslide hazard and risk inventory database to 
     compile, maintain, standardize, and evaluate data regarding--
       (A) landslide hazards and risks;
       (B) the impact of landslides on--
       (i) health and safety;
       (ii) the economy and infrastructure; and
       (iii) the environment;
       (C) landslide hazard stabilization; and
       (D) reduction of losses from landslides.
       (4) Landslide hazard and risk preparedness for 
     communities.--In carrying out the program, the Secretary, in 
     coordination with the Secretary of the Army, the Secretary of 
     Commerce, the Secretary of Homeland Security, the Secretary 
     of Transportation, and the heads of other relevant Federal 
     agencies, and in consultation with State offices, units of 
     local government, territories, and Indian tribes, shall 
     develop and disseminate--
       (A) landslide planning and risk reduction guidance, 
     guidelines, maps, tools, and training materials to help 
     inform State, territorial, local, and Tribal governments and 
     decisionmakers with respect to--
       (i) the use and implementation of landslide hazard 
     assessments;
       (ii) the applied use of the database developed under 
     paragraph (3);
       (iii) reducing losses from landslides; and
       (iv) resources available for communities working to improve 
     landslide hazard preparedness; and
       (B) landslide preparedness curricula and training modules 
     for--
       (i) State, territorial, local, and Tribal officials;
       (ii) Federal, State, territorial, local, and Tribal 
     emergency managers; and
       (iii) the National Guard.
       (5) Debris flow early warning system.--In carrying out the 
     program, the Secretary, in coordination with the Secretary of 
     Commerce and the Secretary of Homeland Security, shall expand 
     the early warning system for debris flow by--
       (A) expanding the early warning system for post-wildfire 
     debris flow to include recently burned areas across the 
     western United States;
       (B) developing procedures with State, territorial, local, 
     and Tribal governments to monitor stormwater drainage in 
     areas with high debris flow risk; and
       (C) identifying high-risk debris flow areas, such as 
     recently burned land and potential lahar hazard areas.
       (6) Emergency response activities.--In carrying out the 
     program, the Secretary, in coordination with the Secretary of 
     Commerce, the Secretary of Homeland Security, the heads of 
     other relevant Federal agencies, States offices, units of 
     local government, territories, and Indian tribes, shall 
     establish and support emergency response procedures for the 
     rapid deployment of Federal scientists, equipment, and 
     services to areas impacted by a significant landslide event--
       (A) to support emergency response efforts and improve the 
     safety of emergency responders;
       (B) to improve data collection; and
       (C) to conduct research to advance the understanding of the 
     causes, impacts, and reduction of landslide hazards and 
     risks.
       (c) Interagency Coordinating Committee on Landslide 
     Hazards.--
       (1) In general.--There is established a committee, to be 
     known as the ``Interagency Coordinating Committee on 
     Landslide Hazards''.
       (2) Membership.--The Committee shall be composed of the 
     following members (or their designees):
       (A) The Secretary, who shall serve as Chairperson of the 
     Committee.
       (B) The Secretary of Agriculture.
       (C) The Secretary of the Army.
       (D) The Secretary of Commerce.
       (E) The Secretary of Homeland Security.
       (F) The Secretary of Transportation.
       (G) The Director of the National Science Foundation.
       (H) The Director of the Office of Science and Technology 
     Policy.
       (I) The Director of the Office of Management and Budget.
       (3) Meetings.--The Committee shall meet at the call of the 
     Chairperson.
       (4) Purpose and duties.--The Committee shall--
       (A) advise and oversee the program;
       (B) facilitate communication and coordination across 
     Federal agencies in the planning, management, budgeting, and 
     execution of landslide activities; and
       (C) support the development and execution of the national 
     strategy under subsection (b)(2), including by--
       (i) supporting the development of national goals and 
     priorities for the national strategy;
       (ii) articulating Federal agency roles, responsibilities, 
     and resources for carrying out the national strategy; and
       (iii) overseeing the implementation of the national 
     strategy.
       (d) Advisory Committee.--
       (1) In general.--The Secretary shall establish an advisory 
     committee, to be known as the ``Advisory Committee on 
     Landslides'' (referred to in this subsection as the 
     ``Advisory Committee'').
       (2) Membership.--The Advisory Committee shall be composed 
     of not fewer than 11 members--
       (A) of whom none may be an individual described in any of 
     subparagraphs (A) through (F) of section 7342(a)(1) of title 
     5, United States Code; and
       (B) who shall be representatives of--
       (i) States, including State geological organizations;
       (ii) territories, including territorial geological 
     organizations;
       (iii) Indian tribes, including Tribal geological 
     organizations;
       (iv) research institutions and institutions of higher 
     education that are qualified--

       (I) to provide advice regarding landslide hazard and risk 
     reduction; and
       (II) to represent related scientific, architectural, 
     engineering, and planning disciplines;

       (v) industry standards development organizations; and
       (vi) State, territorial, local, and Tribal emergency 
     management agencies.
       (3) Recommendations.--
       (A) In general.--The Advisory Committee shall submit to the 
     Committee recommendations for the implementation of the 
     program, including recommendations regarding--
       (i) landslide hazard and risk reduction and planning;
       (ii) tools for communities;
       (iii) research; and
       (iv) such other topics as the Advisory Committee determines 
     appropriate.
       (B) Consideration.--The Secretary and the agency heads 
     described in subparagraphs (B) through (I) of subsection 
     (c)(2) shall take into consideration any recommendation of 
     the Advisory Committee submitted under subparagraph (A).
       (e) Grant Programs.--
       (1) Cooperative landslide hazard mapping and assessment 
     program.--
       (A) In general.--Subject to appropriations, the Secretary 
     may--
       (i) provide grants, on a competitive basis, to State, 
     territorial, local, and Tribal governments to research, map, 
     assess, and collect data on landslide hazards within the 
     jurisdictions of those governments; and
       (ii) accept and use funds received from other Federal and 
     non-Federal partners to advance the purposes of the program.
       (B) Priority.--
       (i) In general.--The Secretary shall consult annually with 
     the Committee, States, units of local government, 
     territories, and Indian tribes to establish priorities for 
     the grant program under this paragraph.
       (ii) Funding prioritization.--In providing grants under 
     this paragraph, the Secretary shall give priority to 
     projects--

       (I) that will achieve the greatest landslide hazard and 
     risk reduction;
       (II) that reflect the goals and priorities of the national 
     strategy established under subsection (b)(2)(A);
       (III) not less than 50 percent of the total cost of which 
     is matched by non-Federal sources; and
       (IV) that include acquisition of enhanced elevation data 
     consistent with the 3D Elevation Program.

       (C) Requirement.--If the Secretary elects to provide grants 
     under subparagraph (A)(i), the Secretary shall publish on a 
     publicly available website a description of--
       (i) the grants; and
       (ii) the findings made from those grants.
       (2) National landslide research grants.--
       (A) In general.--To advance the goals and priorities of the 
     national strategy established under subsection (b)(2)(A), 
     subject to appropriations, the Director of the National 
     Science Foundation (referred to in this paragraph as the 
     ``Director'') may provide grants to eligible entities for 
     landslide research, including research on--

[[Page S4646]]

       (i) the causes, mechanisms, triggers, hydrology, and 
     geology of landslides;
       (ii) ways to reduce landslide hazards and risks to minimize 
     loss of life and property, including landslide hazard and 
     risk communication, perception, decisionmaking, tools, and 
     technologies; and
       (iii) other goals and priorities of the national strategy 
     established under subsection (b)(2)(A).
       (B) Eligible entities.--The Director shall determine 
     whether an entity is eligible to receive a grant under this 
     paragraph.
       (C) Requirements.--In providing grants under this 
     paragraph, the Director shall--
       (i) ensure that the grants are provided on a competitive 
     basis;
       (ii) consider grant applications submitted by eligible 
     entities that have developed the application in partnership 
     with 1 or more State geological surveys; and
       (iii) publish on a publicly available website a description 
     of--

       (I) the grants; and
       (II) the findings made from those grants.

       (f) Biennial Report.--Through calendar year 2030, the 
     Secretary shall submit to Congress a biennial report, 
     including a description of, with respect to the 2-calendar-
     year period preceding the date of the report--
       (1) the goals and accomplishments of the Committee in 
     carrying out the national strategy developed under subsection 
     (b)(2);
       (2) the results of the activities of the Committee under 
     this section; and
       (3) the extent to which any recommendations of the Advisory 
     Committee under subsection (d)(3)(A) have been implemented.
       (g) Significant Events.--Not later than 1 year after a 
     significant landslide event in the United States (including 
     territories) occurs, the Secretary shall publish on a 
     publicly available website--
       (1) a description of the landslide event and the 
     implications of the event on communities, including life and 
     property;
       (2) recommendations on how the identification of the 
     landslide risk could have been improved prior to the event;
       (3) a description of the effectiveness of any warning and 
     risk communication, including the dissemination of warnings 
     by State, territorial, local, and Tribal partners in the 
     affected area;
       (4) recommendations to improve risk identification, 
     reduction, and communication to landowners and units of local 
     government;
       (5) recommendations to improve landslide hazard 
     preparedness and emergency response activities under this 
     section; and
       (6) such other findings as the Secretary determines 
     appropriate.
       (h) Funding.--There is authorized to be appropriated to 
     carry out this section $37,000,000 for each of fiscal years 
     2020 through 2023, of which--
       (1) $25,000,000 each fiscal year shall be made available to 
     the United States Geological Survey;
       (2) $11,000,000 each fiscal year shall be made available to 
     the National Science Foundation; and
       (3) $1,000,000 each fiscal year shall be made available to 
     the National Oceanic and Atmospheric Administration.

     SEC. 4. GROUND SUBSIDENCE.

       As the Secretary determines to be appropriate and subject 
     to appropriations, the Secretary, through existing programs, 
     shall advance the identification, mapping, research, and 
     monitoring of subsidence and groundwater resource accounting, 
     particularly in areas affected by drought.

     SEC. 5. 3D ELEVATION PROGRAM.

       (a) Establishment of 3D Elevation Program.--
       (1) In general.--The Secretary shall establish a program, 
     to be known as the ``3D Elevation Program''--
       (A) to provide 3D elevation data coverage for the United 
     States;
       (B) to coordinate and facilitate the collection, 
     dissemination, and use of 3D elevation data among Federal 
     departments and agencies and non-Federal entities;
       (C) to produce standard, publicly accessible 3D elevation 
     data products for the United States; and
       (D) to promote the collection, dissemination, and use of 3D 
     elevation data among Federal, State, local, and Tribal 
     governments, communities, institutions of higher education, 
     and the private sector through--
       (i) cooperative agreements;
       (ii) the development and maintenance of spatial data 
     infrastructure to provide quality control and deliver to the 
     public 3D elevation data products;
       (iii) in coordination with the 3D Elevation Federal 
     Interagency Coordinating Committee established under 
     subsection (b), States, and industry and standards bodies, 
     the development of standards and guidelines for 3D elevation 
     data acquisition to increase accessibility to 3D elevation 
     data in a standard, easy-to-use format; and
       (iv) the identification, assessment, and adoption of 
     emerging technologies to improve the accuracy and efficiency 
     of the 3D Elevation Program.
       (2) Management.--
       (A) In general.--The Secretary shall manage the 3D 
     Elevation Program--
       (i) to ensure efficiency with respect to related activities 
     of the Department of the Interior and other participating 
     Federal departments and agencies; and
       (ii) to meet the needs of Department of the Interior 
     programs, stakeholders, and the public.
       (B) Other federal departments and agencies.--The head of 
     each Federal department and agency involved in the 
     acquisition, production, distribution, or application of 3D 
     elevation data shall--
       (i) coordinate with the 3D Elevation Federal Interagency 
     Coordinating Committee established under subsection (b) to 
     acquire additional, enhanced 3D elevation data;
       (ii) submit to the Secretary a description of priority 
     areas of interest for 3D elevation data collection for use in 
     providing grants and cooperative agreements under subsection 
     (d);
       (iii) implement policies and procedures for data 
     acquisition and sharing that are consistent with standards 
     and guidelines developed under the 3D Elevation Program;
       (iv) participate in, and share the results and benefits of, 
     the 3D Elevation Program, in accordance with standards and 
     guidelines developed under the 3D Elevation Program; and
       (v) ensure that any 3D elevation data acquired with Federal 
     grant funding--

       (I) meets 3D Elevation Program standards; and
       (II) is included in the national holdings of those data.

       (b) 3D Elevation Federal Interagency Coordinating 
     Committee.--
       (1) Establishment.--The Secretary, in coordination with the 
     Secretary of Commerce and the Secretary of Homeland Security, 
     shall establish an interagency coordinating committee, to be 
     known as the ``3D Elevation Federal Interagency Coordinating 
     Committee'' (referred to in this subsection as the 
     ``Committee''), to better coordinate 3D elevation data 
     management across the Federal Government.
       (2) Membership.--The Committee shall be composed of the 
     following members (or their designees):
       (A) The Secretary, who shall serve as Chairperson of the 
     Committee.
       (B) The Secretary of Agriculture.
       (C) The Secretary of Commerce.
       (D) The Secretary of Homeland Security.
       (E) The Director of the National Science Foundation.
       (F) The Director of the Office of Science and Technology 
     Policy.
       (G) The Director of the Office of Management and Budget.
       (H) The head of any other Federal department or agency, at 
     the request of the Secretary.
       (3) Coordination.--The Committee shall coordinate, as 
     appropriate, with the existing activities of--
       (A) the 3D Elevation Program Executive Forum;
       (B) the Alaska Mapping Executive Committee;
       (C) the 3D Elevation Working Group;
       (D) the 3D National Elevation Subcommittee; and
       (E) State offices.
       (4) Meetings.--The Committee shall meet at the call of the 
     Chairperson.
       (5) Duties.--The Committee shall--
       (A) oversee the planning, management, and coordination of 
     the 3D Elevation Program; and
       (B) develop, by not later than 1 year after the date of 
     enactment of this Act, and update periodically thereafter--
       (i) a strategic plan that establishes goals and priorities 
     for activities carried out under the 3D Elevation Program; 
     and
       (ii) a detailed management plan to implement the strategic 
     plan.
       (c) Subcommittee of National Geospatial Advisory 
     Committee.--
       (1) Establishment.--
       (A) In general.--The Secretary shall establish, within the 
     National Geospatial Advisory Committee, a subcommittee 
     (referred to in this subsection as the ``Subcommittee'').
       (B) Membership.--The Subcommittee shall--
       (i) consist of not fewer than 11 members, of whom none may 
     be a Federal officer or employee; and
       (ii) include representatives of--

       (I) research and academic institutions;
       (II) industry standards development organizations;
       (III) units of State and local government; and
       (IV) the private sector.

       (2) Duties.--
       (A) Assessment.--The Subcommittee shall conduct an 
     assessment of--
       (i) trends and developments in--

       (I) the collection, dissemination, and use of 3D elevation 
     data; and
       (II) science and technology relating to 3D elevation data;

       (ii) the effectiveness of the 3D Elevation Program in 
     carrying out the activities described in subsection (a)(1);
       (iii) the need to revise or reorganize the 3D Elevation 
     Program; and
       (iv) the management, coordination, implementation, and 
     activities of the 3D Elevation Program.
       (B) Report.--Not later than 1 year after the date of 
     enactment of this Act, and every 2 years thereafter, the 
     Subcommittee shall submit to the Secretary and the 3D 
     Elevation Federal Interagency Coordinating Committee 
     established under subsection (b) a report that includes--
       (i) the findings of the assessment under subparagraph (A); 
     and
       (ii) recommendations of the Subcommittee based on those 
     findings, if any.
       (d) Grants and Cooperative Agreements.--
       (1) In general.--The Secretary may make grants and enter 
     into cooperative agreements with other Federal departments 
     and agencies, units of State, local, or Tribal government, 
     institutions of higher education, nonprofit research 
     institutions, or other organizations to facilitate the 
     improvement of nationwide coverage of 3D elevation data.
       (2) Applications.--To be eligible to receive a grant or 
     enter into a cooperative agreement under this subsection, an 
     entity described in paragraph (1) shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.

[[Page S4647]]

       (3) Terms and conditions.--A grant or cooperative agreement 
     under this subsection shall be subject to such terms and 
     conditions as the Secretary determines to be appropriate, 
     including making data publically available and interoperable 
     with other Federal datasets.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2020 through 2023.

  Mr. SULLIVAN. Mr. President, I ask unanimous consent that the 
Cantwell amendment at the desk be agreed to; that the committee-
reported substitute amendment, as amended, be agreed to; that the bill, 
as amended, be considered read a third time and passed; and that the 
motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2500) was agreed to, as follows

       (Purpose: To improve the authorizations of appropriations)

       Beginning on page 42, strike line 21 and all that follows 
     through page 43, line 5, and insert the following:
       (h) Funding.--For each of fiscal years 2021 and 2024--
       (1) there is authorized out of funds appropriated to the 
     United States Geological Survey, $25,000,000 to carry out 
     this section;
       (2) there is authorized out of funds appropriated to the 
     National Science Foundation, $11,000,000 to carry out this 
     section; and
       (3) there is authorized out of funds appropriated to the 
     National Oceanic and Atmospheric Administration, $1,000,000 
     to carry out this section.
       On page 51, strike lines 7 through 9 and insert the 
     following:
       (e) Funding.--For each of the fiscal years 2021 through 
     2024, there is authorized out of funds appropriated to the 
     Secretary $20,000,000 to carry out this section.

  The committee-reported amendment in the nature of a substitute, as 
amended, was agreed to.
  The bill (S. 529), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows


 =========================== NOTE =========================== 

  
  On page S4647, July 30, 2020, first column, the following 
appears: The committee-reported amendment in the nature of a 
substitute, as amended, was agreed to. The bill (S. 359), as 
amended, was ordered to be engrossed for a third reading, was read 
the third time, and passed, as follows
  
  The online Record has been corrected to read: The committee-
reported amendment in the nature of a substitute, as amended, was 
agreed to. The bill (S. 529), as amended, was ordered to be 
engrossed for a third reading, was read the third time, and 
passed, as follows


 ========================= END NOTE ========================= 


  (The bill will be printed in a future edition of the Record.)

                          ____________________