[House Report 117-308]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      117-308

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



 
              NOAA WEATHER RADIO MODERNIZATION ACT OF 2021

                                _______
                                

  May 6, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Ms. Johnson of Texas, from the Committee on Science, Space, and 
                  Technology, submitted the following

                              R E P O R T

                        [To accompany H.R. 5324]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 5324) to provide guidance for and 
investment in the upgrade and modernization of the National 
Oceanic and Atmospheric Administration Weather Radio All 
Hazards network, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill.............................................3
 III. Background and Need for the Legislation.........................3
  IV. Committee Hearings..............................................4
   V. Committee Consideration and Votes...............................4
  VI. Summary of Major Provisions of the Bill.........................5
 VII. Section-By-Section Analysis (By Title and Section)..............5
VIII. Committee Views.................................................6
  IX. Cost Estimate...................................................6
   X. Congressional Budget Office Cost Estimate.......................6
  XI. Compliance with Public Law 104-4 (Unfunded Mandates)............8
 XII. Committee Oversight Findings and Recommendations................8
XIII. Statement on General Performance Goals and Objectives...........8
 XIV. Federal Advisory Committee Statement............................8
  XV. Duplication of Federal Programs.................................8
 XVI. Earmark Identification..........................................8
XVII. Applicability to the Legislative Branch.........................8
XVIII.Statement on Preemption of State, Local, or Tribal Law..........8

 XIX. Changes in Existing Law Made by the Bill, As Reported...........9
  XX. Proceedings of Full Committee Markup...........................10

                              I. AMENDMENT

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``NOAA Weather Radio Modernization Act 
of 2021'' or ``NWR Modernization Act of 2021''.

SEC. 2. DEFINITIONS.

  (a) Administrator.--The term ``Administrator'' means the Under 
Secretary of Commerce for Oceans and Atmosphere and Administrator of 
the National Oceanic and Atmospheric Administration.
  (b) NOAA Weather Radio.--The term ``NOAA Weather Radio'' means the 
National Oceanic and Atmospheric Administration Weather Radio All 
Hazards network.

SEC. 3. FINDINGS.

  Congress finds the following:
          (1) The NOAA Weather Radio is a nationwide network of 
        transmitters that are critical to protecting life and property 
        by broadcasting weather and other hazard alerts.
          (2) NOAA Weather Radio broadcasts currently reach 95 percent 
        of the United States population.
          (3) NOAA Weather Radio broadcasts originate from all National 
        Weather Service Offices, but are only available via a receiver 
        located in sufficient proximity to a radio transmitting tower.
          (4) There are limited options to obtain NOAA Weather Radio 
        broadcasts via the Internet or mobile device application, which 
        are provided by volunteer mechanisms obtaining the audio feed 
        in an ad hoc manner.
          (5) NOAA Weather Radio should provide equal access and 
        availability to unimpeded broadcasts of weather and non-weather 
        hazards to every person located within the United States, its 
        territories, and tribal lands.

SEC. 4. UPGRADING EXISTING SYSTEMS.

  (a) In General.--The Administrator shall, to the maximum extent 
practicable, expand coverage of the NOAA Weather Radio and ensure its 
reliability. In doing so, the Administrator shall--
          (1) maintain support for existing systems serving areas not 
        covered by or having poor quality cellular service;
          (2) ensure consistent maintenance and operations monitoring, 
        with timely repairs to broadcast transmitter site equipment and 
        antennas; and
          (3) enhance the ability to amplify Non-Weather Emergency 
        Messages via NOAA Weather Radio as necessary.
  (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000 to remain available 
until expended.
  (c) Expanding Access.--As part of the activities in this section, the 
Administrator shall acquire additional transmitters as required to 
expand coverage to rural and underserved communities, national parks, 
and recreation areas.

SEC. 5. MODERNIZATION INITIATIVE.

  (a) In General.--In parallel to the activities under section 4, the 
Administrator shall, to the maximum extent practicable, enhance NOAA 
Weather Radio to ensure its capabilities and coverage remain valuable 
to the public. In carrying out these activities, the Administrator 
shall--
          (1) upgrade the telecommunications infrastructure to 
        accelerate the transition of broadcasts to Internet Protocol-
        based communications over non-copper media;
          (2) accelerate software upgrades to the Advanced Weather 
        Interactive Processing System, or the relevant system 
        successors, in order to implement partial county notifications 
        and alerts;
          (3) consult with relevant stakeholders, including the private 
        sector, to enhance accessibility and usability of NOAA Weather 
        Radio data and feeds;
          (4) develop options, including, but not limited to, satellite 
        backup capability and commercial provider partnerships for NOAA 
        Weather Radio continuity in the event of Weather Forecast 
        Office outages;
          (5) research and develop alternative options, including, but 
        not limited to, microwave capabilities, to transmit NOAA 
        Weather Radio signals to transmitters that are remote or do not 
        have IP capability; and
          (6) transition critical applications to the Integrated 
        Dissemination Program, or the relevant program successors.
  (b) Priority.--In carrying out the objectives described in subsection 
(a), the Administrator shall prioritize practices, capabilities, and 
technologies recommended by the assessment in subsection (c), to 
maximize accessibility, particularly in remote and underserved areas of 
the country.
  (c) Assessment for Management and Distribution.--Not later than 12 
months after the date of enactment of this Act, the Administrator shall 
complete an assessment of access to NOAA Weather Radio. In conducting 
such an assessment, the Administrator shall take into consideration and 
provide recommendations on--
          (1) the need for continuous, adequate, and operational real-
        time broadcasts of the NOAA Weather Radio in both urban and 
        rural areas;
          (2) solicited inputs from relevant stakeholders on the 
        compatibility of NOAA Weather Radio data for third party 
        platforms that provide online services, such as websites and 
        mobile device applications, or deliver NOAA Weather Radio 
        access;
          (3) existing or new management systems, which promote 
        consistent, efficient, and compatible access to NOAA Weather 
        Radio;
          (4) the ability of NOAA to aggregate real time broadcast 
        feeds at one or more central locations;
          (5) effective interagency coordination;
          (6) the potential effects of an electromagnetic pulse or 
        geomagnetic disturbance on NOAA Weather Radio; and
          (7) any other function the Administrator deems necessary.
  (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $40,000,000 to remain available 
until expended.

                         II. PURPOSE OF THE BILL

     The purpose of H.R. 5324 is to expand coverage and 
increase reliability of the NOAA Weather Radio (NWR) by 
upgrading technologies and increasing the number of 
transmitters leading to modernization of the NOAA Weather Radio 
for the 21st Century.

              III. BACKGROUND AND NEED FOR THE LEGISLATION

     The National Oceanic and Atmospheric Administration 
(NOAA)'s National Weather Service (NWS) provides weather, 
water, and climate data, forecasts, warnings, and impact-based 
decision support services for the protection of life and 
property and enhancement of the national economy. Forecasters 
at Weather Forecasts Offices (WFOs) utilize the Advanced 
Weather Interactive Processing System (AWIPS) to create and 
distribute NWS weather warnings. When NWS disseminates 
warnings, they are sent out among several outlets and 
services--the Wireless Emergency Alerts (WEA) and NWR being two 
of the most effective and efficient methods.
     Wireless Emergency Alerts are originated via the National 
Weather Service Telecommunication Gateway (NWSTG) and then sent 
to the Integrated Public Alert & Warning System (IPAWS). Once 
the alert reaches the IPAWS the alerts are then ``pushed out'' 
to commercial wireless carriers who broadcast the alert from 
cell towers in the threat area, straight to individuals' 
cellular devices. However, there is not complete commercial 
coverage from cellular towers and not every individual 
possesses a cellular device.
     NWR provides coverage for the majority of the nation 
including the portions not covered by WEA. NWR consists of a 
nationwide network of over 1000 radio stations covering all 50 
states, adjacent coastal waters, Puerto Rico, the U.S. Virgin 
Islands, and U.S. Pacific Territories. NWR provides NWS 
official warnings, watches, forecasts, and other hazard 
information 24 hours a day, 7 days a week making it the 
comprehensive source for weather and emergency information to 
over 95% of the population. NWR provides services where 
cellular coverage is limited, when cellular broadcast towers 
are out of commission, and when internet is unavailable. 
However, due to NWR transmitter sustainability there is a need 
for improving and modernizing NWR.
     Operations and maintenance as well as tower transmitter 
leases are increasingly expensive as transmitters age. 
Furthermore, as populations shift it becomes difficult to 
ensure sufficient transmitters in the correct locations in 
addition to shifting consistent maintenance and timely repairs 
to those transmitters. There is also the need to transition 
from obsolete copper technology to Internet Protocol (IP)--or 
wireless based technologies. Transitioning to a modernized NWR 
will allow for greater precision with warnings and alerts. 
Implementing partial county alerting rather than broad warnings 
will reduce over-warning of areas which can lead to the warned 
individuals becoming complacent. Finally, modernizing NWR will 
provide the ability to enhance non-weather emergency messages 
via NWR at the request of authorized officials.

                         IV. COMMITTEE HEARINGS

     Pursuant to House Rule XIII, clause 3(c)(6), the Committee 
designates the following hearings as having been used to 
develop or consider the legislation:
     On September 23, 2021, the Subcommittee on the Environment 
held a hearing titled ``Advancing Earth System Science and 
Stewardship at NOAA.'' Representative Bice and Representative 
Sherrill both discussed the NWR Modernization Act, which would 
expand and modernize a key tool in providing warnings on 
impending weather emergencies.
     The following witness testified at the September 23, 2021 
hearing:
           The Honorable Richard W. Spinrad, Ph.D., 
        Under Secretary of Commerce for Oceans and Atmosphere, 
        and Administrator, National Oceanic and Atmospheric 
        Administration
     On October 14, 2021 the Committee on Science, Space, and 
Technology held a hearing titled ``The Future of Forecasting: 
Building a Weather-Ready Nation on All Fronts.'' Representative 
Bice discussed the NWR Modernization Act during her five 
minutes of questioning to the witnesses.
     The following witnesses testified at the October 14, 2021 
hearing:
           Dr. Louis Uccellini, Assistant Administrator 
        for Weather Services and Director of the National 
        Weather Service, National Oceanic and Atmospheric 
        Administration
           Mr. Cardell Johnson, Acting Director, 
        Natural Resources and Environment, U.S. Government 
        Accountability Office
           Mr. John Werner, President, National Weather 
        Service Employees Organization
           Mr. Erik Salna, Associate Director for 
        Education and Outreach, International Hurricane 
        Research Center, Extreme Events Institute, Florida 
        International University

                  V. COMMITTEE CONSIDERATION AND VOTES

     On Wednesday, September 22nd, 2021 H.R. 5324 the NWR 
Modernization Act of 2021 was introduced in the House of 
Representatives by Representative Bice on September 22, 2021 
with Representative Mikie Sherrill as the original co-sponsor, 
and is also co-sponsored by Representatives Kilmer, LaTurner, 
Bonamici, and Ellzey.
     The NWR Modernization Act of 2021 was considered in a Full 
Committee Markup on Tuesday, November 16th, 2021. There were 
two amendments to the original bill text.
     First, Ms. Bice of Oklahoma offered an Amendment in the 
Nature of a Substitute that made minor changes to reflect 
bipartisan agreement on language to clarify the intent of the 
bill. The second and final amendment was offered by Mr. Posey 
of Florida. The amendment would ensure existing NWR 
capabilities and coverage by providing commercial partnerships 
as an option for satellite backup capability. Additionally, it 
would require an assessment on the potential effects of an 
electromagnetic pulse or geomagnetic disturbance. The Posey 
amendment was passed by voice vote. The ANS, as amended, was 
also passed by voice vote. H.R 5324 the NWR Modernization Act 
of 2021 was favorably reported, as amended, by voice vote.

               VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL

     H.R. 5324 would require upgrades to existing systems to 
expand the coverage of NOAA Weather Radio and ensure 
reliability as well as increase reach to rural and underserved 
communities. It directs the NOAA Administrator to ensure 
existing NWR capabilities and coverage by upgrading 
telecommunication infrastructure, accelerating software 
upgrades, accessibility to stakeholders, and developing backup 
capabilities. The bill also requires the NOAA Administrator to 
conduct an assessment that provides recommendations on 
improving access to NWR. The bill also authorizes 
appropriations of $60,000,000 to remain available until 
expended to carry out the activities of the bill.

         VII. SECTION-BY-SECTION ANALYSIS (BY TITLE AND SECTION)

 Section 4. Upgrading existing systems

     This section directs the NOAA Administrator to expand 
coverage of NWR and ensure its reliability through system 
support, maintenance, and acquisition of additional 
transmitters to reach rural and underserved communities. 
Additionally, this section authorizes $20 million in 
appropriations to carry out the activities of this section.

 Section 5. Modernization initiative

     This section directs the NOAA Administrator to undertake 
activities in parallel to those in Section 4 to ensure existing 
NWR capabilities and coverage remain valuable to the public, 
including upgrading the telecommunications infrastructure, 
accelerating software upgrades, ensuring accessibility of the 
data to stakeholders, developing backup capabilities, and more. 
Additionally, the Administrator is required to conduct an 
assessment that would provide recommendations on improving 
access to NWR, with input from relevant stakeholders, and those 
recommendations prioritized in carrying out activities to 
maximize accessibility. This section authorizes appropriations 
of $40 million to carry out this section.

                          VIII. COMMITTEE VIEWS

     The Committee notes the importance of NWR to the 
protection of life and property of individuals in the United 
States and its Territories. NWR has provided continuous 
warnings, watches, forecasts, and additional hazard information 
for decades and is essential resource for the public, 
especially Americans who are often unable to access advanced 
products via internet communication or cellular devices. 
Modernization efforts for NWR authorized in this bill will help 
bring NWR into the 21st century and support reliable broadcasts 
of weather and non-weather hazards to Americans across the 
United States and its territories. Additional Committee views 
are incorporated throughout the report.

                            IX. COST ESTIMATE

     Pursuant to clause 3(c)(2) of rule XIII of the Rules of 
the House of Representatives, the Committee adopts as its own 
the estimate of new budget authority, entitlement authority, or 
tax expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

              X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 5, 2022.
Hon. Eddie Bernice Johnson,
Chairwoman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
    Dear Madam Chairwoman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5324, the NWR 
Modernization Act of 2021.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

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    Under current law, the National Oceanic and Atmospheric 
Administration (NOAA) operates a nationwide network of radio 
stations that broadcast continuous weather information, called 
NOAA Weather Radio (NWR). Those radio stations also broadcast 
warning and post-event information for all types of hazards 
including earthquakes, avalanches, chemical releases, oil 
spills, AMBER alerts, and 911 outages.
    H.R. 5324 would authorize the appropriation of $20 million 
to expand NWR coverage to underserved areas through the 
acquisition and installation of additional transmission 
infrastructure. The bill also would authorize the appropriation 
of $40 million for NOAA to modernize the NWR by upgrading its 
legacy technology to Internet Protocol-based services, 
accelerating software upgrades, assessing and enhancing the 
access to and use of transmissions from NWR, among other 
things.
    Recently, NOAA has begun to integrate some of the 
modernizations that would be required under H.R. 5324 in its 
current operations. For example, NOAA has begun transitioning 
to Internet Protocol-based services. In 2021, NOAA allocated 
$10 million to all NWR operation and improvement activities.
    For this estimate, CBO assumes that H.R. 5324 will be 
enacted near the end of fiscal year 2022 and that the 
authorized amounts will be appropriated in 2023. Using 
historical spending patterns for similar activities, CBO 
estimates that implementing H.R. 5324 would cost $52 million 
over the 2022-2026 period and $8 million after 2026, assuming 
appropriation of the authorized amounts.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 300 (natural resources and environment).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 5324
----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, millions of dollars--
                                                       ---------------------------------------------------------
                                                          2022     2023     2024     2025     2026    2022-2026
----------------------------------------------------------------------------------------------------------------
Expand NWR Coverage:
    Authorization.....................................        0       20        0        0        0           20
    Estimated Outlays.................................        0        3        7        5        3           18
Modernize NWR Infrastructure:
    Authorization.....................................        0       40        0        0        0           40
    Estimated Outlays.................................        0        2        8       16        8           34
Total Changes:
    Authorization.....................................        0       60        0        0        0           60
    Estimated Outlays.................................        0        5       15       21       11           52
----------------------------------------------------------------------------------------------------------------
NWR = National Oceanic and Atmospheric Administration Weather Radio.

    The CBO staff contact for this estimate is Robert Reese. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                     XI. FEDERAL MANDATES STATEMENT

    H.R. 5324 contains no unfunded mandates.

         XII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    The Committee's oversight findings and recommendations are 
reflected in the body of this report.

      XIII. STATEMENT ON GENERAL PERFORMANCE GOALS AND OBJECTIVES

    The goals and objectives of H.R. 5324 are to modernize the 
NWR to provide expanded coverage and increase reliability of 
the NWR by upgrading technologies and increasing the number of 
transmitters leading to modernization of NWR for the 21st 
Century.

               XIV. FEDERAL ADVISORY COMMITTEE STATEMENT

    H.R. 5324 does not create any advisory committees.

                  XV. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 5324 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XVI. EARMARK IDENTIFICATION

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 5324 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

             XVII. APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that H.R. 5324 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

     XVIII. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    This bill is not intended to preempt any state, local, or 
tribal law.

       XIX. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation does not amend any existing Federal 
statute.



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