15 U.S.C. § 313 — Duties of Secretary of Commerce

Page 714 TITLE 15—COMMERCE AND TRADE § 312 I recommend that the Congress allow the accom- panying reorganization plan to become effective. LYNDON B. JOHNSON. THE WHITE HOUSE, May 13, 1965. § 312. Employees The National Weather Service shall consist of such civilian employees as Congress may annu- ally provide for and as may be necessary to properly perform the duties devolving on said Service by law. (Oct. 1, 1890, ch. 1266, § 4, 26 Stat. 653; July 8, 1898, No. 57, 30 Stat. 752; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.) Statutory Notes and Related Subsidiaries REPEALS Joint Res. July 8, 1898, provided: ‘‘That the laws au- thorizing the detail and assignment of the officers of the Army to duty in the Weather Bureau be, and are hereby, repealed.’’ Executive Documents TRANSFER OF FUNCTIONS Office of Chief of Weather Bureau abolished and Weather Bureau consolidated with Coast and Geodetic Survey to form new agency in Department of Com- merce known as Environmental Science Services Ad- ministration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 311 of this title. The Reorg. Plan also trans- ferred to Secretary of Commerce functions of Bureau and Chief of Bureau. Subsequently, Environmental Science Services Administration abolished and Na- tional Oceanic and Atmospheric Administration estab- lished. By Department Organization Order 25–5A, Sec- retary delegated to NOAA his functions under this chapter of the Code. By order of Acting Associate Ad- ministrator of NOAA, organizational name of Weather Bureau changed to National Weather Service. For fur- ther details, see Codification note set out under section 311 of this title. § 313. Duties of Secretary of Commerce The Secretary of Commerce shall have charge of the forecasting of weather, the issue of storm warnings, the display of weather and flood sig- nals for the benefit of agriculture, commerce, and navigation, the gauging and reporting of rivers, the maintenance and operation of sea- coast telegraph lines and the collection and transmission of marine intelligence for the ben- efit of commerce and navigation, the reporting of temperature and rain-fall conditions for the cotton interests, the display of frost and cold- wave signals, the distribution of meteorological information in the interests of agriculture and commerce, and the taking of such meteorolog- ical observations as may be necessary to estab- lish and record the climatic conditions of the United States, or as are essential for the proper execution of the foregoing duties. (Oct. 1, 1890, ch. 1266, § 3, 26 Stat. 653; May 20, 1926, ch. 344, § 5 (e), 44 Stat. 571; June 23, 1938, ch. 601, title XI, § 1107(k), 52 Stat. 1029; 1940 Reorg. Plan No. IV, § 8, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1236; 1965 Reorg. Plan No. 2, §§ 1, 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318.) Editorial Notes AMENDMENTS 1938—Act June 23, 1938, repealed second paragraph re- lating to duties as to air navigation. 1926—Act May 20, 1926, inserted second paragraph re- lating to duties as to air navigation. Statutory Notes and Related Subsidiaries REPEALS Pub. L. 85–726, title XIV, § 1401(b), Aug. 23, 1958, 72 Stat. 806, repealed act June 23, 1938, ch. 601, title XI, § 1107(k), 52 Stat. 1029, cited to the credit of this sec- tion. CONDUCT OF WEATHER RECONNAISSANCE IN THE UNITED STATES Pub. L. 118–31, div. A, title X, § 1090, Dec. 22, 2023, 137 Stat. 420, provided that: ‘‘(a) CONDUCT OF RECONNAISSANCE.— ‘‘(1) IN GENERAL.—Subject to the availability of ap- propriations, the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command and the Administrator of the National Oceanic and Atmos- pheric Administration may use aircraft, personnel, and equipment necessary to meet the mission re- quirements of— ‘‘(A) the National Hurricane Operations Plan; and ‘‘(B) the National Winter Seasons Operation plan, as long as aircraft are able to fully meet needs for hurricane monitoring response. ‘‘(2) ACTIVITIES.—If the 53rd Weather Reconnais- sance Squadron of the Air Force Reserve Command exercises the authority under paragraph (1), such Squadron, in consultation with the Administrator of the National Oceanic and Atmospheric Administra- tion and appropriate line offices of the National Oce- anic and Atmospheric Administration, shall use such authority to— ‘‘(A) improve the accuracy and timeliness of ob- servations of storms that result in large amounts of precipitation, such as tropical cyclones and atmos- pheric rivers, to support the forecast and warning services of the National Weather Service of the United States; ‘‘(B) collect data in data-sparse regions where conventional observations are lacking; ‘‘(C) support water management decision-making and flood forecasting through the execution of tar- geted in-situ measurements, airborne dropsondes, buoys, autonomous platform observations, satellite observations, remote sensing observations, and other observation platforms as appropriate, includ- ing enhanced assimilation of the data from those observations over the eastern, central, and western north Pacific Ocean, the Gulf of Mexico, and the western Atlantic Ocean to improve forecasts of large storms for civil authorities and military deci- sion makers; ‘‘(D) participate in the research and operations partnership that guides flight planning and uses re- search methods to improve and expand the capabili- ties and effectiveness of weather reconnaissance over time; and ‘‘(E) undertake such other additional activities as the Administrator of the National Oceanic and At- mospheric Administration, in collaboration with the 53rd Weather Reconnaissance Squadron, con- siders appropriate to further prediction of dan- gerous weather events. ‘‘(b) REPORTS.— ‘‘(1) AIR FORCE.— ‘‘(A) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of the Air Force, in consultation with the Administrator of the National Oceanic and Atmos- pheric Administration, shall perform a resources review of mission capabilities needed for observa- Page 715 TITLE 15—COMMERCE AND TRADE § 313 tion to carry out the activities described in sub- section (a)(2) and submit to the appropriate com- mittees of Congress a comprehensive report, for the period beginning on the date of the enactment of this Act and ending on December 31, 2035, on— ‘‘(i) the resources necessary for the 53rd Weath- er Reconnaissance Squadron of the Air Force Re- serve Command to continue to support— ‘‘(I) the National Hurricane Operations Plan; ‘‘(II) the National Winter Season Operations Plan; ‘‘(III) emerging technologies that offer new, improved, or innovative ways to collect data for improved forecasts of strength and landfall for hurricanes, atmospheric rivers, and winter storms; and ‘‘(IV) any other operational requirements re- lating to weather reconnaissance; ‘‘(ii) the resources expended by the National Oceanic and Atmospheric Administration to cover taskings that the 53rd Weather Reconnais- sance Squadron of the Air Force Reserve Com- mand is unable to accomplish; and ‘‘(iii) the resources expended by the 53rd Weath- er Reconnaissance Squadron of the Air Force Re- serve Command to cover taskings that the Na- tional Oceanic and Atmospheric Administration is unable to accomplish. ‘‘(B) APPROPRIATE COMMITTEES OF CONGRESS.—In this paragraph, the term ‘appropriate committees of Congress’ means— ‘‘(i) the Committee on Armed Services of the Senate; ‘‘(ii) the Subcommittee on Defense of the Com- mittee on Appropriations of the Senate; ‘‘(iii) the Committee on Commerce, Science, and Transportation of the Senate; ‘‘(iv) the Committee on Science, Space, and Technology of the House of Representatives; ‘‘(v) the Committee on Armed Services of the House of Representatives; and ‘‘(vi) the Subcommittee on Defense of the Com- mittee on Appropriations of the House of Rep- resentatives. ‘‘(2) COMMERCE.—Not later than 90 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Commerce shall submit to the Com- mittee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a com- prehensive report, for the period beginning on the date of the enactment of this Act and ending on De- cember 31, 2035, on— ‘‘(A) the resources necessary for the National Oceanic and Atmospheric Administration to con- tinue to support— ‘‘(i) the National Hurricane Operations Plan; ‘‘(ii) the National Winter Season Operations Plan; ‘‘(iii) emerging technologies that offer new, im- proved, and innovative ways to collect data for improved forecasts of strength and landfall for hurricanes, atmospheric rivers, and winter storms; and ‘‘(iv) any other operational requirements relat- ing to weather reconnaissance; ‘‘(B) how taskings that the 53rd Weather Recon- naissance Squadron of the Air Force Reserve Com- mand is unable to accomplish could affect the abil- ity of the National Oceanic and Atmospheric Ad- ministration to fulfill its mission; and ‘‘(C) how taskings that the National Oceanic and Atmospheric Administration is unable to accom- plish could affect the ability of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command to fulfill its mission. ‘‘(c) TRANSFER OF FUNDS.—The Secretary of the Air Force may transfer funds to the National Oceanic and Atmospheric Administration for additional hurricane monitoring and response activities that fulfill the mis- sion of the Air Force, including transfers of funds for the compensation of personnel and for the provision of other such services, funds, facilities, and other support services as necessary.’’ USE OF FUNDS FOR HURRICANE RECONNAISSANCE PROGRAM Pub. L. 108–199, div. B, title II, § 203, Jan. 23, 2004, 118 Stat. 72, provided in part that: ‘‘Hereafter, none of the funds made available by this or any other Act for the National Oceanic and Atmospheric Administration may be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 108–7, div. B, title II, § 203, Feb. 20, 2003, 117 Stat. 77. Pub. L. 107–77, title II, § 203, Nov. 28, 2001, 115 Stat. 778. Pub. L. 106–553, § 1(a)(2) [title II, § 203], Dec. 21, 2000, 114 Stat. 2762, 2762A–78. Pub. L. 106–113, div. B, § 1000(a)(1) [title II, § 203], Nov. 29, 1999, 113 Stat. 1535, 1501A–31. Pub. L. 105–277, div. A, § 101(b) [title II, § 203], Oct. 21, 1998, 112 Stat. 2681–50, 2681–86. Pub. L. 105–119, title II, § 203, Nov. 26, 1997, 111 Stat. 2479. Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 203], Sept. 30, 1996, 110 Stat. 3009, 3009–39. Pub. L. 104–134, title I, § 101[(a)] [title II, § 203], Apr. 26, 1996, 110 Stat. 1321, 1321–30; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 103–317, title II, § 203, Aug. 26, 1994, 108 Stat. 1749. Pub. L. 103–121, title II, § 203, Oct. 27, 1993, 107 Stat. 1176. Pub. L. 102–395, title II, § 203, Oct. 6, 1992, 106 Stat. 1855. Pub. L. 102–140, title II, § 203, Oct. 28, 1991, 105 Stat. 806. Pub. L. 101–515, title I, § 103, Nov. 5, 1990, 104 Stat. 2107. HURRICANE RECONNAISSANCE PROGRAM Pub. L. 102–567, title I, § 107, Oct. 29, 1992, 106 Stat. 4275, provided that: ‘‘(a) ESTABLISHMENT OF PROGRAM.—(1) The Secretary of Defense and the Secretary of Commerce shall estab- lish a 5-year joint program for collecting operational and reconnaissance data, conducting research, and ana- lyzing data on tropical cyclones to assist the forecast and warning program and increase the understanding of the causes and behavior of tropical cyclones. ‘‘(2) The Secretary of Commerce shall establish the Tropical Cyclone Research Advisory Committee, an ad- visory committee of tropical cyclone research sci- entists, to make recommendations for tropical cyclone research activities and reconnaissance procedures. ‘‘(b) RESPONSIBILITIES.—(1) The Secretary of Defense shall have the responsibility for maintaining, flying, and funding tropical cyclone reconnaissance aircraft to accomplish the program established under this section and to transfer the data to the Secretary of Commerce. Program responsibility may not be transferred to any other Federal department or agency, including the Coast Guard, without the agreement and approval of the Secretary of Defense, the Secretary of Commerce, and the head of any other Federal agency or depart- ment to which the responsibility is transferred. ‘‘(2) The Secretary of Commerce shall have the re- sponsibility to provide funding for data gathering and research by remote sensing, ground sensing, research aircraft, and other technologies necessary to accom- plish the program established under this section. ‘‘(c) MANAGEMENT PLANS.—(1) The Secretary of De- fense and the Secretary of Commerce shall jointly de- velop and, within 120 days after the date of enactment of this Act [Oct. 29, 1992], submit to the Congress a Page 716 TITLE 15—COMMERCE AND TRADE § 313 management plan for the program established under this section, which shall include organizational struc- ture, goals, major tasks, and funding profiles for the 5- year duration of the program. ‘‘(2) The Secretary of Defense and the Secretary of Commerce, in consultation with the Tropical Cyclone Research Advisory Committee established by section 107(a)(2), shall jointly develop and, within 4 years after the date of enactment of this Act, submit to the Con- gress a management plan providing for continued trop- ical cyclone surveillance and reconnaissance which will adequately protect the citizens of the coastal areas of the United States. ‘‘(3) The management plans and programs required by this section shall in every sense provide for at least the same degree and quality of protection (such as early warning capability and accuracy of fixing a storm’s lo- cation) as currently exists with a combination of sat- ellite technology and manned reconnaissance flights. Additionally, such plans and programs shall in no way allow any reduction in the level, quality, timeliness, sustainability, or area served (including the State of Hawaii) of both the existing principal and back-up tropical cyclone reconnaissance and tracking sys- tems.’’ UNITED STATES WEATHER RESEARCH PROGRAM Pub. L. 102–567, title I, § 108, Oct. 29, 1992, 106 Stat. 4276, as amended by Pub. L. 115–25, title I, § 109, Apr. 18, 2017, 131 Stat. 97, formerly set out as a note under this section, was transferred to section 8520 of this title. WEATHER SERVICE MODERNIZATION Pub. L. 102–567, title VII, Oct. 29, 1992, 106 Stat. 4303, provided that: ‘‘SEC. 701. SHORT TITLE. ‘‘This title may be cited as the ‘Weather Service Modernization Act’. ‘‘SEC. 702. DEFINITIONS. ‘‘For the purposes of this title, the term— ‘‘(1) ‘automate’ means to replace employees with automated weather service equipment; ‘‘(2) ‘change operations at a field office’ means transfer service responsibility, commission weather observation systems, decommission a National Weather Service radar, change staffing levels signifi- cantly, or move a field office to a new location inside the local commuting and service area; ‘‘(3) ‘Committee’ means the Modernization Transi- tion Committee established by section 707; ‘‘(4) ‘degradation of service’ means any decrease in or failure to maintain the quality and type of weath- er services provided by the National Weather Service to the public in a service area, including but not lim- ited to a reduction in existing weather radar coverage at an elevation of 10,000 feet; ‘‘(5) ‘field office’ means any National Weather Serv- ice Office or National Weather Service Forecast Of- fice; ‘‘(6) ‘Plan’ means the National Implementation Plan required under section 703; ‘‘(7) ‘relocate’ means to transfer from one location to another location that is outside the local com- muting or service area; ‘‘(8) ‘Secretary’ means the Secretary of Commerce; ‘‘(9) ‘service area’ means the geographical area for which a field office provides services or conducts ob- servations, including but not limited to local fore- casts, severe weather warnings, aviation support, radar coverage, and ground weather observations; and ‘‘(10) ‘Strategic Plan’ means the 10-year strategic plan for the comprehensive modernization of the Na- tional Weather Service, required under section 407 of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 (15 U.S.C. 313 note). ‘‘SEC. 703. NATIONAL IMPLEMENTATION PLAN. ‘‘(a) NATIONAL IMPLEMENTATION PLAN.—As part of the budget justification documents submitted to Congress in support of the annual budget request for the Depart- ment of Commerce, the Secretary shall include a Na- tional Implementation Plan for modernization of the National Weather Service for each fiscal year following fiscal year 1993 until such modernization is complete. The Plan shall set forth the actions, during the 2-year period beginning with the fiscal year for which the budget request is made, that will be necessary to ac- complish the objectives described in the Strategic Plan, and shall include— ‘‘(1) detailed requirements for new technologies, fa- cilities, staffing levels and positions, and funding, in accordance with the overall schedule for moderniza- tion; ‘‘(2) notification of any proposed action to change operations at a field office and the intended date of such operational change; ‘‘(3) identification of any field office that the Sec- retary intends to certify under section 706, including the intended date of such certification; ‘‘(4) special measures to test, evaluate, and dem- onstrate key elements of the modernized National Weather Service operations prior to national imple- mentation, including a multistation operational dem- onstration which tests the performance of the mod- ernization in an integrated manner for a sustained period; ‘‘(5) detailed plans and funding requirements for meteorological research to be accomplishment [sic] under this title to assure that new techniques in fore- casting will be developed to utilize the new tech- nologies being implemented in the modernization; and ‘‘(6) training and education programs to ensure that employees gain the necessary expertise to utilize the new technologies and to minimize employee displace- ment as a consequence of modernization. ‘‘(b) TRANSMITTAL TO COMMITTEE.—The Secretary shall transmit a copy of each annual Plan to the Com- mittee. ‘‘(c) CONSULTATION.—In developing the Plan, the Sec- retary shall consult, as appropriate, with the Com- mittee and public entities responsible for providing or utilizing weather services. ‘‘SEC. 704. MODERNIZATION CRITERIA. ‘‘(a) NATIONAL RESEARCH COUNCIL REVIEW.—The Sec- retary shall contract with the National Research Coun- cil for a review of the scientific and technical mod- ernization criteria by which the Secretary proposes to certify action to close, consolidate, automate, or relo- cate a field office under section 706. In conducting such review, the National Research Council shall prepare and submit to the Secretary, no later than 9 months after the date of enactment of this Act [Oct. 29, 1992], a report which— ‘‘(1) assesses requirements and procedures for com- missioning new weather observation systems, decom- missioning an outdated National Weather Service radar, and evaluating staffing needs for field offices in an affected service area; ‘‘(2) assesses the statistical and analytical meas- ures that should be made for a service area to form an adequate basis for determining that there will be no degradation of service; and ‘‘(3) includes such other recommendations as the National Research Council determines are appro- priate to ensure public safety. ‘‘(b) CRITERIA.—No later than 12 months after the date of enactment of this Act [Oct. 29, 1992], the Sec- retary, in consultation with the National Research Council and the Committee and after notice and oppor- tunity for public comment, shall publish in the Federal Register modernization criteria (including all require- ments and procedures), based on the report required under this section, for— ‘‘(1) commissioning new weather observation sys- tems, decommissioning an outdated National Weath- er Service radar, and evaluating staffing needs for field offices in an affected service area; and Page 717 TITLE 15—COMMERCE AND TRADE § 313 ‘‘(2) certifying action to close, consolidate, auto- mate, or relocate a field office under section 706. ‘‘SEC. 705. CHANGES IN FIELD OFFICE OPER- ATIONS. ‘‘(a) NOTIFICATION.—The Secretary shall not change operations at a field office pursuant to implementation of the Strategic Plan unless the Secretary has provided the notification required by section 703. ‘‘(b) WEATHER RADAR DECOMMISSIONING.—The Sec- retary shall not remove or permanently decommission any National Weather Service radar until the Sec- retary has prepared radar commissioning and decom- missioning reports documenting that such action would be consistent with the modernization criteria estab- lished under section 704(b)(1). The commissioning re- port shall document that the radar system performs re- liably, satisfactory maintenance support is in place, sufficient staff with adequate training are present to operate the system, technical coordination with weath- er service users has been completed, and the radar being commissioned satisfactorily supports field office operations. The decommissioning report shall docu- ment that the replacement radar has been commis- sioned, technical coordination with service users has been completed, and the radar being decommissioned is no longer needed to support field office operations. ‘‘(c) SURFACE OBSERVING SYSTEM COMMISSIONING.— The Secretary may not commission an automated sur- face observing system located at an airport unless it is determined, in consultation with the Secretary of Transportation, that the weather services provided after commissioning will continue to be in full compli- ance with applicable flight aviation rules promulgated by the Federal Aviation Administration. ‘‘SEC. 706. RESTRUCTURING FIELD OFFICES. ‘‘SEC. 706. (a) PROHIBITION.—The Secretary shall not close, before January 1, 1996, any field office pursuant to implementation of the Strategic Plan. ‘‘(b) CERTIFICATION.—The Secretary shall not close, consolidate, automate, or relocate any field office, un- less the Secretary has certified that such action will not result in any degradation of service. Such certifi- cation shall include— ‘‘(1) a description of local weather characteristics and weather-related concerns which affect the weath- er services provided within the service area; ‘‘(2) a detailed comparison of the services provided within the service area and the services to be pro- vided after such action; ‘‘(3) a description of any recent or expected mod- ernization of National Weather Service operations which will enhance services in the service area; ‘‘(4) an identification of any area within any State which would not receive coverage (at an elevation of 10,000 feet) by the next generation weather radar net- work; ‘‘(5) evidence, based upon operational demonstra- tion of modernized National Weather Service oper- ations, which was considered in reaching the conclu- sion that no degradation in service will result from such action; and ‘‘(6) any report of the Committee submitted under section 707(c) that evaluates the proposed certifi- cation. ‘‘(c) PUBLIC REVIEW.—Each certification decision shall be preceded by— ‘‘(1) publication in the Federal Register of a pro- posed certification; and ‘‘(2) a 60-day period after such publication during which the public may provide comments to the Sec- retary on the proposed certification. ‘‘(d) FINAL DECISION.—If after consideration of the public comment received under subsection (c) the Sec- retary, in consultation with the Committee, decides to close, consolidate, automate, or relocate any such field office, the Secretary shall publish a final certification in the Federal Register and submit the certification to the Committee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. ‘‘(e) SPECIAL CIRCUMSTANCES.—The Secretary may not close or relocate any field office— ‘‘(1) which is located at an airport, unless the Sec- retary, in consultation with the Secretary of Trans- portation and the Committee, first conducts an air safety appraisal, determines that such action will not result in degradation of service that affects aircraft safety, and includes such determination in the cer- tification required under subsection (b); or ‘‘(2) which is the only office in a State, unless the Secretary first evaluates the effect on weather serv- ices provided to in-State users, such as State agen- cies, civil defense officials, and local public safety of- fices, and includes in the certification required under subsection (b) the Secretary’s determination that a comparable level of weather services provided to such in-State users will remain. ‘‘(f) LIAISON OFFICER.—The Secretary may not close, consolidate, automate, or relocate a field office until arrangements have been made to maintain for a period of at least 2 years at least one person in the service area to act as a liaison officer who— ‘‘(1) provides timely information regarding the ac- tivities of the National Weather Service which may affect service to the community, including mod- ernization and restructuring; and ‘‘(2) works with area weather service users, includ- ing persons associated with general aviation, civil de- fense, emergency preparedness, and the news media, with respect to the provision of timely weather warn- ings and forecasts. ‘‘SEC. 707. MODERNIZATION TRANSITION COM- MITTEE. ‘‘(a) ESTABLISHMENT.—There is established a com- mittee of 12 members to be known as the Modernization Transition Committee. ‘‘(b) MEMBERSHIP AND TERMS.—(1) The Committee shall consist of— ‘‘(A) five members representing agencies and de- partments of the United States which are responsible for providing or using weather services, including but not limited to the National Weather Service, the De- partment of Defense, the Federal Aviation Adminis- tration, and the Federal Emergency Management Agency; and ‘‘(B) seven members to be appointed by the Sec- retary from civil defense and public safety organiza- tions, news media, any labor organization certified by the Federal Labor Relations Authority as an exclu- sive representative of weather service employees, me- teorological experts, and private sector users of weather information such as pilots and farmers. ‘‘(2) The terms of office of a member of the Com- mittee shall be 3 years; except that, of the original membership, four shall serve a 5-year term, four shall serve a 4-year term, and four shall serve a 3-year term. No individual may serve for more than one additional 3-year term. ‘‘(3) The Secretary shall designate a chairman of the Committee from among its members. ‘‘(c) DUTIES.—(1) The Committee may review any pro- posed certification under section 706 for which the Sec- retary has provided a notice of intent to certify in the Plan, and should review such a proposed certification if there is a significant possibility of degradation of serv- ice within the affected service area. Upon the request of the Committee, the Secretary shall make available to the Committee the supporting documents developed by the Secretary in connection with the proposed certifi- cation. The Committee may prepare and submit to the Secretary, prior to publication of the proposed certifi- cation, a report which evaluates the proposed certifi- cation on the basis of the modernization criteria and with respect to the requirement that there be no deg- radation of service. ‘‘(2) The Committee shall advise the Congress and the Secretary on— ‘‘(A) the implementation of the Strategic Plan, an- nual development of the Plan, and establishment and implementation of modernization criteria; and Page 718 TITLE 15—COMMERCE AND TRADE § 313 ‘‘(B) matters of public safety and the provision of weather services which relate to the comprehensive modernization of the National Weather Service. ‘‘(d) PAY AND TRAVEL EXPENSES.—Members of the Committee who are not employees of the United States shall each be paid at a rate equal to the daily equiva- lent of the rate for GS–18 of the General Schedule under section 5332 of title 5, United States Code, for each day (including travel time) during which the member is en- gaged in the actual performance of duties vested in the Committee. Members shall receive travel expenses, in- cluding per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. ‘‘(e) STAFF.—The Secretary shall make available to the Committee such staff, information, and assistance as it may reasonably require to carry out its activities. ‘‘(f) TERMINATION.—The Committee shall terminate on December 31, 1999. ‘‘SEC. 708. WEATHER SERVICE REPORT. ‘‘(a) REPORT.—The Secretary shall prepare a report on the proposed modernization of the National Weather Service and transmit the report, not later than 6 months after the date of enactment of this Act [Oct. 29, 1992], to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Rep- resentatives. ‘‘(b) CONTENTS.—(1) The report required by subsection (a) shall identify the size of the geographic area of re- sponsibility of each proposed Weather Forecast Office and shall include an explanation of the number and type of personnel required at each Weather Forecast Office. For each proposed Weather Forecast Office cov- ering a geographic area greater than two times the av- erage geographic area of responsibility of Weather Forecast Offices nationwide, the report shall detail the reasons for assigning those Weather Forecast Offices a geographic area which differs significantly from the na- tional average. ‘‘(2) The report shall list the number of next genera- tion weather radars that will be associated with each Weather Forecast Office nationwide under the proposed modernization plan. If some Weather Forecast Offices will be associated with more than one such radar, the report shall explain the deviation from the National Weather Service’s stated policy of associating one such radar with one Weather Forecast Office, and shall ana- lyze and compare any differences in the expected effi- ciency of those Weather Forecast Offices with Weather Forecast Offices that will be associated with only one such radar. ‘‘(c) CONSULTATION.—In preparing portions of the re- port that address Weather Forecast Offices located in areas of the Nation that are uniquely dependent on general aviation as a means of transportation, the Sec- retary shall consult with local aviation groups. In the case of Alaska, such local groups shall include the Alaska Aviation Safety Foundation, the Alaska Air- men’s Association, and the regional representatives of the Aircraft Owners and Pilots Association. ‘‘SEC. 709. REPEALS. ‘‘[Amended section 407 of Pub. L. 100–685, set out below, and repealed section 408 of Pub. L. 100–685, for- merly set out below.]’’ [References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.] PURCHASE OF ATMOSPHERIC WIND DATA Pub. L. 101–595, title III, § 320, Nov. 16, 1990, 104 Stat. 2989, provided that: ‘‘The National Oceanic and Atmos- pheric Administration is authorized to enter into a contract for the future purchase of atmospheric wind data. Any and all obligations of the Government under such contract shall be contingent upon the following terms: ‘‘(1) the data to be purchased must meet technical criteria specified in the contract and must be satis- factory to the National Oceanic and Atmospheric Ad- ministration; and ‘‘(2) the availability of appropriated funds.’’ NATIONAL WEATHER SERVICE 10-YEAR STRATEGIC PLAN Pub. L. 100–685, title IV, § 407, Nov. 17, 1988, 102 Stat. 4098, as amended by Pub. L. 102–567, title VII, § 709(1), Oct. 29, 1992, 106 Stat. 4309, directed Secretary of Com- merce to prepare and submit to Congress, not later than 90 days after Nov. 17, 1988, a 10-year strategic plan for comprehensive modernization of National Weather Service, setting forth basic service improvement objec- tives of modernization as well as critical new techno- logical components and associated operational changes necessary to fulfill objectives of weather and flood warning service improvements. DEGRADATION-OF-WEATHER-SERVICES STANDARD FOR PROVIDING SERVICES Pub. L. 100–685, title IV, § 408, Nov. 17, 1988, 102 Stat. 4099, prohibited Secretary of Commerce from closing, consolidating, automating, or relocating, any Weather Service Office or Weather Service Forecast Office pur- suant to the implementation of the strategic plan re- quired by section 407 of Pub. L. 100–685 [formerly set out above] unless the Secretary certified to Committee on Commerce, Science, and Transportation of the Sen- ate and Committee on Science, Space, and Technology of the House of Representatives that such action would not result in any degradation of weather services pro- vided to the affected area, prior to repeal by Pub. L. 102–567, title VII, § 709(2), Oct. 29, 1992, 106 Stat. 4309. WEATHER AND CLIMATE INFORMATION IN AGRICULTURE Pub. L. 99–198, title XVII, § 1762, Dec. 23, 1985, 99 Stat. 1651, as amended by Pub. L. 115–25, title II, § 201, Apr. 18, 2017, 131 Stat. 98, formerly set out as a note under this section, was transferred to section 8521 of this title. NATIONAL WEATHER SERVICE; CONGRESSIONAL AP- PROVAL REQUISITE TO SALE, LEASE, TRANSFER, OR DISMANTLING OF AGENCY Pub. L. 98–8, title I, § 104, Mar. 24, 1983, 97 Stat. 34, provided that: ‘‘Since the Administration has proposed to sell the weather (METSAT) and land (LANDSAT) satellite sys- tems; ‘‘Since there are concerns about possible commer- cialization of the National Weather Service; ‘‘Since our country should provide weather service information for the protection of life and property; ‘‘Since our Nation’s economy—its agriculture, avia- tion, ocean shipping and construction—is heavily af- fected by weather and our ability to forecast and dis- seminate vital information about its behavior: Now, therefore, ‘‘It is the sense of the Congress that a reliable and comprehensive national weather information system responsive to the needs of national security; agri- culture, transportation and other affected sectors; and individual citizens must be maintained through a strong central National Weather Service that can work closely with the private sector, other Federal and State government agencies, and the weather services of other nations. ‘‘Further, the Nation’s civil operational remote sens- ing satellites (METSAT and LANDSAT) shall remain under the National Oceanic and Atmospheric Adminis- tration. No effort shall be made to dismantle, transfer, lease or sell any portion of these systems without prior congressional approval.’’ STUDY OF THUNDERSTORMS AND ATMOSPHERIC DISTURB- ANCES; REPORTS; EXPENDITURES; COOPERATION OF OTHER DEPARTMENTS Act June 16, 1948, ch. 483, 62 Stat. 470, as amended Oct. 19, 1980, Pub. L. 96–470, title I, § 103(b), 94 Stat. 2237, pro- Page 719 TITLE 15—COMMERCE AND TRADE § 313c 1 So in original. Probably should be followed by a comma. vided: ‘‘That the Chief of the Weather Bureau is au- thorized and directed to study fully and thoroughly the internal structure of thunderstorms, hurricanes, cy- clones, and other severe atmospheric disturbances, par- ticularly the degree of turbulence within such storms and the development, maintenance, and magnitude of updrafts and downdrafts with a view to establishing methods by which the characteristics of particular thunderstorms may be forecast and methods by which the characteristics of such storms may be determined on visual observation from outside of the immediate thunderstorm area. Such study shall be concluded at the earliest practicable date and a final report sub- mitted to Congress. ‘‘SEC. 2. The Chief of the Weather Bureau is empow- ered to make such expenditures at the seat of govern- ment and elsewhere as may be necessary to carry out the purposes of this Act and as from time to time may be appropriated for by Congress, including expenditures for the development and purchase of special meteoro- logical instruments and other equipment (including motor vehicles and aircraft), without regard to the pro- visions of section 3709 of the Revised Statutes [now 41 U.S.C. 6101]. There is hereby authorized to be appro- priated such sums as are necessary for the purpose of carrying out the provisions of this Act. ‘‘SEC. 3. Any executive department or independent es- tablishment is hereby authorized to cooperate with the Chief of the Weather Bureau in carrying out the pur- poses of this Act, and for such purposes may lend or transfer to the Chief of the Weather Bureau any officer or employee of such department or establishment and any property, equipment, lands, or buildings under its control.’’ Executive Documents TRANSFER OF FUNCTIONS Office of Chief of Weather Bureau abolished and func- tions transferred to Secretary of Commerce by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318. Reorg. Plan No. IV of 1940 transferred Weather Bu- reau from Department of Agriculture to Department of Commerce. For further details, see notes set out under section 311 of this title. § 313a. Establishment of meteorological observa- tion stations in the Arctic region In order to improve the weather forecasting service of the United States and to promote safety and efficiency in civil air navigation to the highest possible degree, the Secretary of Commerce shall, in addition to his other func- tions and duties, take such action as may be necessary in the development of an inter- national basic meteorological reporting network in the Arctic region of the Western Hemisphere, including the establishment, operation, and maintenance of such reporting stations in co- operation with the State Department and other United States governmental departments and agencies, with the meteorological services of foreign countries and with persons engaged in air commerce. (Feb. 12, 1946, ch. 4, § 1, 60 Stat. 4; 1965 Reorg. Plan No. 2, §§ 1, 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318.) Statutory Notes and Related Subsidiaries APPROPRIATIONS Section 2 of act Feb. 12, 1946, authorized appropria- tion of necessary funds to carry out provisions of this section. Executive Documents TRANSFER OF FUNCTIONS Office of Chief of Weather Bureau abolished and func- tions transferred to Secretary of Commerce by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318. For further details, see notes set out under section 311 of this title. § 313b. Institute for Aviation Weather Prediction The Administrator of the National Oceanic and Atmospheric Administration shall establish an Institute for Aviation Weather Prediction. The Institute shall provide forecasts, weather warnings, and other weather services to the United States aviation community. The Insti- tute shall expand upon the activities of the avia- tion unit currently at the National Severe Storms Forecast Center in Kansas City, Mis- souri, and shall be established in the Kansas City 1 Missouri 1 area. The Administrator of the National Oceanic and Atmospheric Administra- tion shall provide a full and fair opportunity for employees at the National Severe Storms Center to assume comparable duties and responsibil- ities within the Institute. (Pub. L. 102–588, title II, § 222, Nov. 4, 1992, 106 Stat. 5119.) Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in Pub. L. 102–567, title I, § 112, Oct. 29, 1992, 106 Stat. 4278. § 313c. Authorized activities of the National Oce- anic and Atmospheric Administration The National Oceanic and Atmospheric Ad- ministration, through the United States Weath- er Research Program, shall— (1) improve the capability to accurately forecast inland flooding (including inland flooding influenced by coastal and ocean storms) through research and modeling; (2) develop, test, and deploy a new flood warning index that will give the public and emergency management officials fuller, clear- er, and more accurate information about the risks and dangers posed by expected floods; (3) train emergency management officials, National Weather Service personnel, mete- orologists, and others as appropriate regarding improved forecasting techniques for inland flooding, risk management techniques, and use of the inland flood warning index devel- oped under paragraph (2); (4) conduct outreach and education activi- ties for local meteorologists and the public re- garding the dangers and risks associated with inland flooding and the use and understanding of the inland flood warning index developed under paragraph (2); and (5) assess, through research and analysis of previous trends, among other activities— (A) the long-term trends in frequency and severity of inland flooding; and (B) how shifts in climate, development, and erosion patterns might make certain re- gions vulnerable to more continual or esca- lating flood damage in the future.