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15 U.S.C. § 8533 — Unnecessary duplication
Federal law — U.S. Code and appendices · legal_authorities
Page 2438
TITLE 15—COMMERCE AND TRADE
§ 8533
competition, enter into at least one pilot
contract with one or more private sector en-
tities capable of providing data that meet
the standards and specifications set by the
Under Secretary for providing commercial
weather data in a manner that allows the
Under Secretary to calibrate and evaluate
the data for its use in National Oceanic and
Atmospheric Administration meteorological
models.
(B) Assessment of data viability
Not later than the date that is 3 years
after the date on which the Under Secretary
enters into a contract under subparagraph
(A), the Under Secretary shall assess and
submit to the Committee on Commerce,
Science, and Transportation of the Senate
and the Committee on Science, Space, and
Technology of the House of Representatives
the results of a determination of the extent
to which data provided under the contract
entered into under subparagraph (A) meet
the criteria published under paragraph (1)
and the extent to which the pilot program
has demonstrated—
(i) the viability of assimilating the com-
mercially provided data into National Oce-
anic and Atmospheric Administration me-
teorological models;
(ii) whether, and by how much, the data
add value to weather forecasts; and
(iii) the accuracy, quality, timeliness,
validity, reliability, usability, information
technology security, and cost-effectiveness
of obtaining commercial weather data
from private sector providers.
(3) Authorization of appropriations
For each of fiscal years 2019 through 2023,
there are authorized to be appropriated for
procurement, acquisition, and construction at
the National Environmental Satellite, Data,
and Information Service, $6,000,000 to carry
out this subsection.
(d) Obtaining future data
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Page 2438
TITLE 15—COMMERCE AND TRADE
§ 8533
competition, enter into at least one pilot
contract with one or more private sector en-
tities capable of providing data that meet
the standards and specifications set by the
Under Secretary for providing commercial
weather data in a manner that allows the
Under Secretary to calibrate and evaluate
the data for its use in National Oceanic and
Atmospheric Administration meteorological
models.
(B) Assessment of data viability
Not later than the date that is 3 years
after the date on which the Under Secretary
enters into a contract under subparagraph
(A), the Under Secretary shall assess and
submit to the Committee on Commerce,
Science, and Transportation of the Senate
and the Committee on Science, Space, and
Technology of the House of Representatives
the results of a determination of the extent
to which data provided under the contract
entered into under subparagraph (A) meet
the criteria published under paragraph (1)
and the extent to which the pilot program
has demonstrated—
(i) the viability of assimilating the com-
mercially provided data into National Oce-
anic and Atmospheric Administration me-
teorological models;
(ii) whether, and by how much, the data
add value to weather forecasts; and
(iii) the accuracy, quality, timeliness,
validity, reliability, usability, information
technology security, and cost-effectiveness
of obtaining commercial weather data
from private sector providers.
(3) Authorization of appropriations
For each of fiscal years 2019 through 2023,
there are authorized to be appropriated for
procurement, acquisition, and construction at
the National Environmental Satellite, Data,
and Information Service, $6,000,000 to carry
out this subsection.
(d) Obtaining future data
If an assessment under subsection (c)(2)(B)
demonstrates the ability of commercial weather
data to meet data and metadata standards and
specifications published under subsection (c)(1),
the Under Secretary shall—
(1) where appropriate, cost-effective, and fea-
sible, obtain commercial weather data from
private sector providers;
(2) as early as possible in the acquisition
process for any future National Oceanic and
Atmospheric Administration meteorological
space system, consider whether there is a suit-
able, cost-effective, commercial capability
available or that will be available to meet any
or all of the observational requirements by the
planned operational date of the system;
(3) if a suitable, cost-effective, commercial
capability is or will be available as described
in paragraph (2), determine whether it is in
the national interest to develop a govern-
mental meteorological space system; and
(4) submit to the Committee on Commerce,
Science, and Transportation of the Senate and
the Committee on Science, Space, and Tech-
nology of the House of Representatives a re-
port detailing any determination made under
paragraphs (2) and (3).
(e) Data sharing practices
The Under Secretary shall continue to meet
the international meteorological agreements
into which the Under Secretary has entered, in-
cluding practices set forth through World Mete-
orological Organization Resolution 40.
(Pub. L. 115–25, title III, § 302, Apr. 18, 2017, 131
Stat. 103; Pub. L. 115–423, § 7(b), Jan. 7, 2019, 132
Stat. 5461.)
Editorial Notes
AMENDMENTS
2019—Subsec. (c)(3). Pub. L. 115–423 substituted ‘‘2019
through 2023’’ for ‘‘2017 through 2020’’ and inserted
‘‘the’’ before ‘‘National’’.
§ 8533. Unnecessary duplication
In meeting the requirements under this sub-
chapter, the Under Secretary shall avoid unnec-
essary duplication between public and private
sources of data and the corresponding expendi-
ture of funds and employment of personnel.
(Pub. L. 115–25, title III, § 303, Apr. 18, 2017, 131
Stat. 105.)
SUBCHAPTER III—FEDERAL WEATHER
COORDINATION
§ 8541.
Environmental
Information
Services
Working Group
(a) Establishment
The National Oceanic and Atmospheric Ad-
ministration Science Advisory Board shall con-
tinue to maintain a standing working group
named the Environmental Information Services
Working Group (in this section referred to as
the ‘‘Working Group’’)—
(1) to provide advice for prioritizing weather
research initiatives at the National Oceanic
and Atmospheric Administration to produce
real improvement in weather forecasting;
(2) to provide advice on existing or emerging
technologies or techniques that can be found
in private industry or the research community
that could be incorporated into forecasting at
the National Weather Service to improve fore-
casting skill;
(3) to identify opportunities to improve—
(A) communications between weather fore-
casters, Federal, State, local, tribal, and
other emergency management personnel,
and the public; and
(B)
communications
and
partnerships
among the National Oceanic and Atmos-
pheric Administration and the private and
academic sectors; and
(4) to address such other matters as the
Science Advisory Board requests of the Work-
ing Group.
(b) Composition
(1) In general
The Working Group shall be composed of
leading experts and innovators from all rel-
evant fields of science and engineering includ-
ing atmospheric chemistry, atmospheric phys-
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Data and hosted satellite payloads** Notwithstanding any other provision of law, the Secretary of Commerce may enter into agreements for—
(1) the purchase of weather data through contracts with commercial providers; and
(2) the placement of weather satellite instruments on cohosted government or private payloads.
**(b) Strategy**
(1) **In general** — Not later than 180 days after April 18, 2017, the Secretary of Commerce, in consultation with the Under Secretary, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a strategy to enable the procurement of quality commercial weather data. The strategy shall assess the range of commercial opportunities, including public-private partnerships, for obtaining surface-based, aviation-based, and space-based weather observations. The strategy shall include the expected cost-effectiveness of these opportunities as well as provide a plan for procuring data, including an expected implementation timeline, from these nongovernmental sources, as appropriate.
(2) **Requirements** — The strategy shall include—
(A) an analysis of financial or other benefits to, and risks associated with, acquiring commercial weather data or services, including through multiyear acquisition approaches;
(B) an identification of methods to address planning, programming, budgeting, and execution challenges to such approaches, including—
(i) how standards will be set to ensure that data is reliable and effective;
(ii) how data may be acquired through commercial experimental or innovative techniques and then evaluated for integration into operational use;
(iii) how to guarantee public access to all forecast-critical
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