15 U.S.C. § 8531 — National Oceanic and Atmospheric Ad-

Page 2434 TITLE 15—COMMERCE AND TRADE § 8531 sonal forecasts and related products de- scribed in subsection (c); and (C) an identification of research, moni- toring, observing, and forecasting require- ments to meet the goals described in sub- paragraph (B). (2) Consultation In developing the report under paragraph (1), the Under Secretary shall consult with rel- evant Federal, regional, State, tribal, and local government agencies, research institu- tions, and the private sector. (i) Definitions In this section: (1) Foundational forecast The term ‘‘foundational forecast’’ means basic weather observation and forecast data, largely in raw form, before further processing is applied. (2) National Weather Service core partners The term ‘‘National Weather Service core partners’’ means government and nongovern- ment entities which are directly involved in the preparation or dissemination of, or discus- sions involving, hazardous weather or other emergency information put out by the Na- tional Weather Service. (3) Seasonal The term ‘‘seasonal’’ means the time range between 3 months and 2 years. (4) State The term ‘‘State’’ means a State, a terri- tory, or possession of the United States, in- cluding a Commonwealth, or the District of Columbia. (5) Subseasonal The term ‘‘subseasonal’’ means the time range between 2 weeks and 3 months. (6) Under Secretary The term ‘‘Under Secretary’’ means the Under Secretary of Commerce for Oceans and Atmosphere. (7) Weather industry and weather enterprise The terms ‘‘weather industry’’ and ‘‘weather enterprise’’ are interchangeable in this section and include individuals and organizations from public, private, and academic sectors that contribute to the research, development, and production of weather forecast products, and primary consumers of these weather fore- cast products. (j) Authorization of appropriations There are authorized to be appropriated to carry out the activities under this section— (1) $26,500,000 for fiscal year 2019; (2) $27,000,000 for fiscal year 2020; (3) $27,500,000 for fiscal year 2021; (4) $28,000,000 for fiscal year 2022; and (5) $28,500,000 for fiscal year 2023. (k) Derivation of funds Amounts made available to carry out this sec- tion shall be derived from amounts appropriated or otherwise made available to the National Weather Service. (Pub. L. 99–198, title XVII, § 1762, Dec. 23, 1985, 99 Stat. 1651; Pub. L. 115–25, title II, § 201, Apr. 18, 2017, 131 Stat. 98; Pub. L. 115–423, § 3(a), Jan. 7, 2019, 132 Stat. 5455; Pub. L. 117–316, § 11, Dec. 27, 2022, 136 Stat. 4413.) Editorial Notes CODIFICATION Section was formerly set out as a note under section 313 of this title. Section was enacted as part of the Food Security Act of 1985, and not as part of the Weather Research and Forecasting Innovation Act of 2017 which comprises this chapter. AMENDMENTS 2022—Subsec. (f)(1). Pub. L. 117–316 substituted ‘‘shall include’’ for ‘‘may include’’. 2019—Subsec. (j). Pub. L. 115–423, § 3(a)(1), amended subsec. (j) generally. Prior to amendment, text read as follows: ‘‘For each of fiscal years 2017 and 2018, there are authorized out of funds appropriated to the Na- tional Weather Service, $26,500,000 to carry out the ac- tivities of this section.’’ Subsec. (k). Pub. L. 115–423, § 3(a)(2), added subsec. (k). 2017—Subsecs. (a), (b). Pub. L. 115–25, § 201(1), (2), in- serted headings. Subsecs. (c) to (j). Pub. L. 115–25, § 201(3), added sub- secs. (c) to (j). SUBCHAPTER II—WEATHER SATELLITE AND DATA INNOVATION § 8531. National Oceanic and Atmospheric Ad- ministration satellite and data management (a) Short-term management of environmental ob- servations (1) Microsatellite constellations (A) In general The Under Secretary shall complete and operationalize the Constellation Observing System for Meteorology, Ionosphere, and Climate–1 and Climate–2 (COSMIC) in effect on the day before April 18, 2017— (i) by deploying constellations of micro- satellites in both the equatorial and polar orbits; (ii) by integrating the resulting data and research into all national operational and research weather forecast models; and (iii) by ensuring that the resulting data of National Oceanic and Atmospheric Ad- ministration’s COSMIC–1 and COSMIC–2 programs are free and open to all commu- nities. (B) Annual reports Not less frequently than once each year until the Under Secretary has completed and operationalized the program described in subparagraph (A) pursuant to such subpara- graph, the Under Secretary shall submit to Congress a report on the status of the efforts of the Under Secretary to carry out such subparagraph. (2) Integration of ocean and coastal data from the Integrated Ocean Observing System In National Weather Service Regions where the Director of the National Weather Service determines that ocean and coastal data would improve forecasts, the Director, in consulta- Page 2435 TITLE 15—COMMERCE AND TRADE § 8531 1 So in original. Probably should be preceded by ‘‘the’’. tion with the Assistant Administrator for Oce- anic and Atmospheric Research and the As- sistant Administrator of the National Ocean Service, shall— (A) integrate additional coastal and ocean observations, and other data and research, from the Integrated Ocean Observing Sys- tem (IOOS) into regional weather forecasts to improve weather forecasts and fore- casting decision support systems; (B) support the development of real-time data sharing products and forecast products in collaboration with the regional associa- tions of such system, including contribu- tions from the private sector, academia, and research institutions to ensure timely and accurate use of ocean and coastal data in re- gional forecasts; and (C) support increasing use of autonomous, mobile surface, sub-surface, and submarine vehicle ocean and fresh water sensor sys- tems and the infrastructure necessary to share and analyze these data in real-time and feed them into predictive early warning systems. (3) Existing monitoring and observation-capa- bility The Under Secretary shall identify degrada- tion of existing monitoring and observation capabilities that could lead to a reduction in forecast quality. (4) Specifications for new satellite systems or data determined by operational needs In developing specifications for any satellite systems or data to follow the Joint Polar Sat- ellite System, Geostationary Operational En- vironmental Satellites, and any other sat- ellites, in effect on the day before April 18, 2017, the Under Secretary shall ensure the specifications are determined to the extent practicable by the recommendations of the re- ports under subsection (b) of this section. (b) Independent Study on Future of National Oceanic and Atmospheric Administration satellite systems and data (1) Agreement (A) In general The Under Secretary shall seek to enter into an agreement with the National Acad- emy of Sciences to perform the services cov- ered by this subsection. (B) Timing The Under Secretary shall seek to enter into the agreement described in subpara- graph (A) before September 30, 2018. (2) Study (A) In general Under an agreement between the Under Secretary and the National Academy of Sciences under this subsection, the National Academy of Sciences shall conduct a study on matters concerning future satellite data needs. (B) Elements In conducting the study under subpara- graph (A), the National Academy of Sciences shall— (i) develop recommendations on how to make the data portfolio of the Administra- tion more robust and cost-effective; (ii) assess the costs and benefits of mov- ing toward a constellation of many small satellites, standardizing satellite bus de- sign, relying more on the purchasing of data, or acquiring data from other sources or methods; (iii) identify the environmental observa- tions that are essential to the performance of weather models, based on an assessment of Federal, academic, and private sector weather research, and the cost of obtain- ing the environmental data; (iv) identify environmental observations that improve the quality of operational and research weather models in effect on the day before April 18, 2017; (v) identify and prioritize new environ- mental observations that could contribute to existing and future weather models; and (vi) develop recommendations on a port- folio of environmental observations that balances essential, quality-improving, and new data, private and nonprivate sources, and space-based and Earth-based sources. (C) Deadline and report In carrying out the study under subpara- graph (A), the National Academy of Sciences shall complete and transmit to the Under Secretary a report containing the findings of the National Academy of Sciences with re- spect to the study not later than 2 years after the date on which the Administrator enters into an agreement with the National Academy of Sciences under paragraph (1)(A). (3) Alternate organization (A) In general If the Under Secretary is unable within the period prescribed in subparagraph (B) of paragraph (1) to enter into an agreement de- scribed in subparagraph (A) of such para- graph with the National Academy of Sciences on terms acceptable to the Under Secretary, the Under Secretary shall seek to enter into such an agreement with another appropriate organization that— (i) is not part of the Federal Govern- ment; (ii) operates as a not-for-profit entity; and (iii) has expertise and objectivity com- parable to that of the National Academy of Sciences. (B) Treatment If the Under Secretary enters into an agreement with another organization as de- scribed in subparagraph (A), any reference in this subsection to the National Academy of Sciences shall be treated as a reference to the other organization. (4) Authorization of appropriations There are authorized to be appropriated, out of funds appropriated to National 1 Environ- mental Satellite, Data, and Information Serv- Page 2436 TITLE 15—COMMERCE AND TRADE § 8531 ice, to carry out this subsection $1,000,000 for the period encompassing fiscal years 2018 through 2019. (c) Next generation satellite architecture (1) In general The Under Secretary shall analyze, test, and plan the procurement of future data sources and satellite architectures, including respec- tive ground system elements, identified in the National Oceanic and Atmospheric Adminis- tration’s Satellite Observing System Architec- ture Study that— (A) lower the cost of observations used to meet the National Oceanic and Atmospheric Administration’s mission requirements; (B) disaggregate current satellite systems, where appropriate; (C) include new, value-adding techno- logical advancements; and (D) improve— (i) weather and climate forecasting and predictions; and (ii) the understanding, management, and exploration of the ocean. (2) Quantitative assessments and partnership authority In meeting the requirements described in paragraph (1), the Under Secretary— (A) may partner with the commercial and academic sectors, non-governmental and not-for-profit organizations, and other Fed- eral agencies; and (B) shall, consistent with section 8517 of this title, undertake quantitative assess- ments for objective analyses, as the Under Secretary considers appropriate, to evaluate relative value and benefits of future data sources and satellite architectures described in paragraph (1). (d) Additional forms of transaction authorized (1) In general Subject to paragraph (2), in order to enhance the effectiveness of data, satellite, and other observing systems used by the National Oce- anic and Atmospheric Administration to meet its missions, the Under Secretary may enter into and perform such transaction agreements on such terms as the Under Secretary con- siders appropriate to carry out— (A) basic, applied, and advanced research projects and ocean exploration missions to meet the objectives described in subpara- graphs (A) through (D) of subsection (c)(1); or (B) any other type of project to meet other mission objectives, as determined by the Under Secretary. (2) Method and scope (A) In general A transaction agreement under paragraph (1) shall be limited to research and develop- ment activities. (B) Permissible uses A transaction agreement under paragraph (1) may be used— (i) for the construction, use, operation, or procurement of new, improved, innova- tive, or value-adding systems, including satellites, instrumentation, ground sta- tions, data, and data processing; (ii) to make determinations on how to best use existing or planned data, systems, and assets of the National Oceanic and At- mospheric Administration; and (iii) only when the objectives of the Na- tional Oceanic and Atmospheric Adminis- tration cannot be met using a cooperative research and development agreement, grants procurement contract, or coopera- tive agreement. (3) Termination of effectiveness The authority provided in this subsection terminates effective September 30, 2030. (e) Transparency Not later than 60 days after the date that a transaction agreement is made under subsection (d), the Under Secretary shall make publicly available, in a searchable format, on the website of the National Oceanic and Atmospheric Ad- ministration all uses of the authority under sub- section (d), including an estimate of committed National Oceanic and Atmospheric Administra- tion resources and the expected benefits to Na- tional Oceanic and Atmospheric Administration objectives for the transaction agreement, with appropriate redactions for proprietary, sen- sitive, or classified information. (f) Reports (1) In general Not later than 90 days after September 30 of each fiscal year through September 30, 2023, the Under Secretary shall submit to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the use of addi- tional transaction authority by the National Oceanic and Atmospheric Administration dur- ing the previous fiscal year. (2) Contents Each report shall include— (A) for each transaction agreement in ef- fect during the fiscal year covered by the re- port— (i) an indication of whether the trans- action agreement is a reimbursable, non- reimbursable, or funded agreement; (ii) a description of— (I) the subject and terms; (II) the parties; (III) the responsible National Oceanic and Atmospheric Administration line of- fice; (IV) the value; (V) the extent of the cost sharing among Federal Government and non- Federal sources; (VI) the duration or schedule; and (VII) all milestones; (iii) an indication of whether the trans- action agreement was renewed during the previous fiscal year; (iv) the technology areas in which re- search projects were conducted under that agreement; 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