15 U.S.C. § 8532 — Commercial weather data

Page 2437 TITLE 15—COMMERCE AND TRADE § 8532 1 So in original. Probably should be preceded by ‘‘the’’. (v) the extent to which the use of that agreement— (I) has contributed to a broadening of the technology and industrial base avail- able for meeting National Oceanic and Atmospheric Administration needs; and (II) has fostered within the technology and industrial base new relationships and practices that support the United States; and (vi) the total value received by the Fed- eral Government under that agreement for that fiscal year; and (B) a list of all anticipated reimbursable, non-reimbursable, and funded transaction agreements for the upcoming fiscal year. (g) Rule of construction Nothing in this section may be construed as limiting the authority of the National Oceanic and Atmospheric Administration to use coopera- tive research and development agreements, grants, procurement contracts, or cooperative agreements. (Pub. L. 115–25, title III, § 301, Apr. 18, 2017, 131 Stat. 101; Pub. L. 115–423, §§ 6, 7(a), Jan. 7, 2019, 132 Stat. 5459, 5461; Pub. L. 116–259, title V, § 503, Dec. 23, 2020, 134 Stat. 1179.) Editorial Notes AMENDMENTS 2020—Subsec. (c)(1)(D). Pub. L. 116–259, § 503(1), added subpar. (D) and struck out former subpar. (D) which read as follows: ‘‘improve weather forecasting and pre- dictions.’’ Subsec. (d)(1). Pub. L. 116–259, § 503(2)(A), substituted ‘‘data, satellite, and other observing systems’’ for ‘‘data and satellite systems’’ and ‘‘to carry out—’’ and subpars. (A) and (B) for ‘‘to carry out basic, applied, and advanced research projects to meet the objectives described in subparagraphs (A) through (D) subsection (c)(1).’’ Subsec. (d)(2)(B)(i). Pub. L. 116–259, § 503(2)(B), sub- stituted ‘‘systems, including satellites, instrumenta- tion, ground stations, data, and data processing;’’ for ‘‘satellites, instrumentation, ground stations, and data;’’. Subsec. (d)(3). Pub. L. 116–259, § 503(2)(C), substituted ‘‘2030’’ for ‘‘2023’’. 2019—Subsec. (a)(2)(C). Pub. L. 115–423, § 7(a), added subpar. (C). Subsecs. (c) to (g). Pub. L. 115–423, § 6, added subsecs. (c) to (g). § 8532. Commercial weather data (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 instru- ments on cohosted government or private pay- loads. (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 Trans- portation 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 weath- er observations. The strategy shall include the expected cost-effectiveness of these opportuni- ties 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 bene- fits to, and risks associated with, acquiring commercial weather data or services, includ- ing through multiyear acquisition ap- proaches; (B) an identification of methods to address planning, programming, budgeting, and exe- cution challenges to such approaches, in- cluding— (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 integra- tion into operational use; (iii) how to guarantee public access to all forecast-critical data to ensure that the United States weather industry and the public continue to have access to in- formation critical to their work; and (iv) in accordance with section 50503 of title 51, methods to address potential ter- mination liability or cancellation costs as- sociated with weather data or service con- tracts; and (C) an identification of any changes needed in the requirements development and ap- proval processes of the Department of Com- merce to facilitate effective and efficient implementation of such strategy. (3) Authority for agreements The Assistant Administrator for National 1 Environmental Satellite, Data, and Informa- tion Service may enter into multiyear agree- ments necessary to carry out the strategy de- veloped under this subsection. (c) Pilot program (1) Criteria Not later than 30 days after April 18, 2017, the Under Secretary shall publish data and metadata standards and specifications for space-based commercial weather data, includ- ing radio occultation data, and, as soon as pos- sible, geostationary hyperspectral sounder data. (2) Pilot contracts (A) Contracts Not later than 90 days after April 18, 2017, the Under Secretary shall, through an open 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-