15 U.S.C. § 313d — NIDIS program

Page 720 TITLE 15—COMMERCE AND TRADE § 313d (Pub. L. 107–253, § 2, Oct. 29, 2002, 116 Stat. 1731.) Statutory Notes and Related Subsidiaries AUTHORIZATION OF APPROPRIATIONS Pub. L. 107–253, § 3, Oct. 29, 2002, 116 Stat. 1731, pro- vided that: ‘‘There are authorized to be appropriated to the National Oceanic and Atmospheric Administration for carrying out this Act [see Short Title of 2002 Amendment note set out under section 311 of this title] $1,250,000 for each of the fiscal years 2003 through 2005, of which $100,000 for each fiscal year shall be available for competitive merit-reviewed grants to institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to carry out the activities described in section 2(5) [15 U.S.C. 313c(5)], and $1,150,000 for each of the fiscal years 2006 and 2007. Of the amounts authorized under this section, $250,000 for each fiscal year shall be available for com- petitive merit-reviewed grants to institutions of higher education (as defined in section 101 of the Higher Edu- cation Act of 1965 (20 U.S.C. 1001)) to develop models that can improve the ability to forecast the coastal and estuary-inland flooding that is influenced by tropical cyclones. The models should incorporate the inter- action of such factors as storm surges, soil saturation, and other relevant phenomena.’’ REPORT Pub. L. 107–253, § 4, Oct. 29, 2002, 116 Stat. 1732, re- quired the National Oceanic and Atmospheric Adminis- tration to provide Congress with annual reports through fiscal year 2007 on its activities under Pub. L. 107–253 (see Short Title note set out under section 311 of this title) and the success and acceptance of the in- land flood warning index developed under par. (2) of this section and also to report by Jan. 1, 2006, on the likely long-term trends in inland flooding for use in outreach activities conducted under par. (4) of this sec- tion. § 313d. NIDIS program (a) In general The Under Secretary, through the National Weather Service and other appropriate weather and climate programs in the National Oceanic and Atmospheric Administration, shall establish a National Integrated Drought Information Sys- tem to better inform and provide for more time- ly decisionmaking to reduce drought related im- pacts and costs. (b) System functions The National Integrated Drought Information System shall— (1) provide an effective drought early warn- ing system that— (A) collects and integrates information on the key indicators of drought and drought impacts, including precipitation, soil mois- ture, and evaporative demand, in order to make usable, reliable, and timely forecasts of drought and assessments of the severity of drought conditions and impacts; and (B) provides such information, forecasts, and assessments on both national and re- gional levels; (2) communicate drought forecasts, drought conditions, and drought impacts on an ongoing basis to public and private entities engaged in drought planning and preparedness, includ- ing— (A) decisionmakers at the Federal, re- gional, State, tribal, and local levels of gov- ernment; (B) the private sector; and (C) the public; (3) provide timely data, information, and products that reflect local, regional, water- shed, and State differences in drought condi- tions; (4) coordinate, and integrate, through inter- agency agreements as practicable, Federal re- search and monitoring in support of a drought early warning information system; (5) utilize existing forecasting and assess- ment programs and partnerships, including forecast communication coordinators and co- operative institutes, and improvements in sea- sonal precipitation and temperature, subsea- sonal precipitation and temperature, and low flow water prediction; and (6) continue ongoing research and moni- toring activities related to drought, including research activities relating to the prediction, length, severity, and impacts of drought and the role of extreme weather events and cli- mate variability in drought. (c) Partnerships The National Integrated Drought Information System may— (1) engage with the private sector to improve drought monitoring, forecast, and communica- tion if the Under Secretary determines the partnership is appropriate, cost-effective, and beneficial to the public and decisionmakers described in subsection (b)(2)(A); (2) facilitate the development of 1 or more academic cooperative partnerships to assist with National Integrated Drought Information System functions; and (3) utilize and support, as appropriate, moni- toring by citizen scientists, including by de- veloping best practices to facilitate maximum data integration. (d) Consultation The Under Secretary shall consult with rel- evant Federal, regional, State, tribal, and local government agencies, research institutions, and the private sector in the development and sustainment of the National Integrated Drought Information System. (e) Cooperation from other Federal agencies Each Federal agency shall cooperate as appro- priate with the Under Secretary in carrying out this section. (f) Soil moisture Not later than 1 year after January 7, 2019, the Under Secretary, acting through the National Integrated Drought Information System, shall develop a strategy for a national coordinated soil moisture monitoring network. (Pub. L. 109–430, § 3, Dec. 20, 2006, 120 Stat. 2918; Pub. L. 113–86, § 2, Mar. 6, 2014, 128 Stat. 1015; Pub. L. 115–423, § 2(a), Jan. 7, 2019, 132 Stat. 5454.) Editorial Notes REFERENCES IN TEXT This section, referred to in subsec. (e), was in the original ‘‘this Act’’, meaning Pub. L. 109–430, Dec. 20, 2006, 120 Stat. 2918, which enacted this section and pro- visions set out as notes under this section and section Page 721 TITLE 15—COMMERCE AND TRADE § 317 311 of this title. For complete classification of this Act to the Code, see Short Title of 2006 Amendment note set out under section 311 of this title and Tables. AMENDMENTS 2019—Subsec. (b)(1)(A). Pub. L. 115–423, § 2(a)(1)(A), substituted ‘‘, including precipitation, soil moisture, and evaporative demand, in order to make usable, reli- able, and timely forecasts of drought and’’ for ‘‘in order to make usable, reliable, and timely forecasts of drought, including’’. Subsec. (b)(3). Pub. L. 115–423, § 2(a)(1)(B), inserted ‘‘watershed,’’ after ‘‘regional,’’. Subsec. (b)(4). Pub. L. 115–423, § 2(a)(1)(C), inserted ‘‘, through interagency agreements’’ after ‘‘integrate’’and ‘‘information’’ after ‘‘warning’’. Subsec. (b)(5). Pub. L. 115–423, § 2(a)(1)(D), amended par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘build upon existing forecasting and assess- ment programs and partnerships, including through the designation of one or more cooperative institutes to as- sist with National Integrated Drought Information System functions; and’’. Subsec. (b)(6). Pub. L. 115–423, § 2(a)(1)(E), inserted ‘‘the prediction,’’ after ‘‘relating to’’. Subsec. (c). Pub. L. 115–423, § 2(a)(3), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 115–423, § 2(a)(2), (4), redesignated subsec. (c) as (d) and inserted ‘‘and sustainment’’ after ‘‘development’’. Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 115–423, § 2(a)(2), redesignated sub- sec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 115–423, § 2(a)(5), added subsec. (f) and struck out former subsec. (f), which related to re- port by Under Secretary to congressional committees regarding National Integrated Drought Information System program not later than 18 months after Mar. 6, 2014. Pub. L. 115–423, § 2(a)(2), redesignated subsec. (e) as (f). 2014—Subsec. (a). Pub. L. 113–86, § 2(1), inserted ‘‘to better inform and provide for more timely decision- making to reduce drought related impacts and costs’’ before period at end. Subsec. (b). Pub. L. 113–86, § 2(2), added subsec. (b) and struck out former subsec. (b) which set out required functions of the National Integrated Drought Informa- tion System. Subsec. (e). Pub. L. 113–86, § 2(3), added subsec. (e). Statutory Notes and Related Subsidiaries AUTHORIZATION OF APPROPRIATIONS Pub. L. 109–430, § 4, Dec. 20, 2006, 120 Stat. 2919, as amended by Pub. L. 113–86, § 3, Mar. 6, 2014, 128 Stat. 1016; Pub. L. 115–423, § 2(b), Jan. 7, 2019, 132 Stat. 5455, provided that: ‘‘There are authorized to be appropriated to carry out this Act— ‘‘(1) $13,500,000 for fiscal year 2019; ‘‘(2) $13,750,000 for fiscal year 2020; ‘‘(3) $14,000,000 for fiscal year 2021; ‘‘(4) $14,250,000 for fiscal year 2022; and ‘‘(5) $14,500,000 for fiscal year 2023.’’ DEFINITIONS Pub. L. 109–430, § 2, Dec. 20, 2006, 120 Stat. 2918, pro- vided that: ‘‘In this Act [see Short Title of 2006 Amend- ment note set out under section 311 of this title]: ‘‘(1) DROUGHT.—The term ‘drought’ means a defi- ciency in precipitation— ‘‘(A) that leads to a deficiency in surface or sub- surface water supplies (including rivers, streams, wetlands, ground water, soil moisture, reservoir supplies, lake levels, and snow pack); and ‘‘(B) that causes or may cause— ‘‘(i) substantial economic or social impacts; or ‘‘(ii) substantial physical damage or injury to individuals, property, or the environment. ‘‘(2) UNDER SECRETARY.—The term ‘Under Sec- retary’ means the Under Secretary of Commerce for Oceans and Atmosphere.’’ § 314. Omitted Editorial Notes CODIFICATION Section, act Aug. 8, 1894, ch. 238, 28 Stat. 273, related to making promotions in service without prejudice to those transferred from Signal Service of War Depart- ment. § 315. Changes or assignment to duty The Secretary of Commerce is authorized to make such changes or assignment to duty in the personnel or detailed force of the National Weather Service for limiting or reducing ex- penses as he may deem necessary. (Mar. 2, 1895, ch. 169, 28 Stat. 737; 1940 Reorg. Plan No. IV, § 8, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1236; 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.) Executive Documents TRANSFER OF FUNCTIONS Weather Bureau consolidated with Coast and Geo- detic Survey to form new agency in Department of Commerce known as Environmental Science Services Administration 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. Functions of Bureau and Chief of Bureau transferred to Secretary of Commerce by Reorg. Plan. Subsequently, Environmental Science Services Administration abolished and National Oce- anic and Atmospheric Administration established. By Department Organization Order 25–5A, Secretary dele- gated to NOAA his functions under this chapter of the Code. By order of Acting Associate Administrator of NOAA, organizational name of Weather Bureau changed to National Weather Service. For further de- tails, see Codification note set out under section 311 of this title. § 316. Omitted Editorial Notes CODIFICATION Section, act Mar. 4, 1913, ch. 145, § 1 [part], 37 Stat. 830, related to travel expenses, and has been superseded by section 5701 et seq. of Title 5, Government Organiza- tion and Employees. § 317. Appropriations and estimates The appropriations for the support of the Na- tional Weather Service shall be made with those of the other bureaus of the Department of Com- merce, and it shall be the duty of the Secretary of Commerce to prepare future estimates for the National Weather Service which shall be spe- cially developed and extended in the interests of agriculture. (Oct. 1, 1890, ch. 1266, § 9, 26 Stat. 653; 1940 Reorg. Plan No. IV, § 8, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1236; 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.) Editorial Notes CODIFICATION Section is based on section 9 (less 1st 35 words) of act Oct. 1890. Remainder of such section 9 was classified to