US Codex
U.S.C.
Notes

§8501. Definitions — Inbound Citations

15 U.S.C. § 8501

Cited by 123 provisions in release 119-102.

Citations to 15 U.S.C. § 8501 as a whole

Citations to §8501(1)

Citations to §8501(2)

Citations to §8501(3)

Citations to §8501(4)

  • In conducting research, the Under Secretary shall prioritize improving weather data, modeling, computing, forecasting, and warnings for the protection of life and property and for the enhancement of the national economy.
  • (d) Each year, concurrent with the annual budget request submitted by the President to Congress under section 1105 of title 31 for the National Oceanic and Atmospheric Administration, the Under Secretary shall submit to Congress a description of current and planned activities under this section.
  • (2) The term “Administrator” means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration.
  • (a) The Under Secretary, in collaboration with the United States weather industry and academic partners, shall establish a tornado warning improvement and extension program.
  • (c) The Under Secretary shall ensure that the program periodically examines the value of incorporating innovative observations, such as acoustic or infrasonic measurements, observations from phased array radars, and observations from mesonets, with respect to the improvement of tornado forecasts, predictions, and warnings.
  • (e) Following completion of the plan, the Under Secretary, acting through the Assistant Administrator for Oceanic and Atmospheric Research and in coordination with the Director of the National Weather Service, shall, not less frequently than once each year, submit to Congress a proposed budget corresponding with the activities identified in the plan.
  • (a) The Under Secretary, in collaboration with the United States weather industry and such academic entities as the Administrator considers appropriate, shall maintain a project to improve hurricane forecasting.
  • (c) Not later than 1 year after April 18, 2017, the Under Secretary, acting through the Assistant Administrator for Oceanic and Atmospheric Research and in consultation with the Director of the National Weather Service, shall develop a plan for the project maintained under subsection (a) that details the specific research, development, and technology transfer activities, as well as corresponding resources and timelines, necessary to achieve the goal set forth in subsection (b).
  • Not later than 1 year after April 18, 2017, and not less frequently than once each year thereafter, the Under Secretary, acting through the Assistant Administrator for Oceanic and Atmospheric Research and in coordination with the Director of the National Weather Service and the Assistant Administrator for Satellite and Information Services, shall issue a research and development and research to operations plan to restore and maintain United States leadership in numerical weather prediction and forecasting that—
  • The Under Secretary shall—
  • (1) In acquiring computing capabilities, including high performance computing technologies and supercomputing technologies, that enable the National Oceanic and Atmospheric Administration to meet its mission requirements, the Under Secretary shall, when appropriate and cost-effective, assess and prioritize options for entering into multi-year lease agreements for computing capabilities over options for purchasing computing hardware outright.
  • (2) In carrying out the requirements of paragraph (1), the Under Secretary shall structure multi-year lease agreements in such a manner that the expiration of the lease is set for a date on or around—
    (A) the expected degradation point of the computing resources; or
    (B) the point at which significantly increased computing capabilities are expected to be available for lease.
  • (A) In order to more efficiently and effectively meet the mission requirements of the National Oceanic and Atmospheric Administration, the Under Secretary may create 1 or more pilot programs for assessing new or innovative information and technology capabilities and services.
  • (b) Not later than 1 year after January 7, 2019, and triennially thereafter until the date that is 6 years after the date on which the first report is submitted, the Under Secretary, acting through the Chief Information Officer of the National Oceanic and Atmospheric Administration and in coordination with the Assistant Administrator for Oceanic and Atmospheric Research and the Director of the National Weather Service, shall produce and make publicly available a report that explains how the Under Secretary intends—
    (1) to continually support upgrades to pursue the fastest, most powerful, and cost-effective high performance computing technologies in support of its weather prediction mission;
    (2) to ensure a balance between the research to operations requirements to develop the next generation of regional and global models as well as highly reliable operational models;
    (3) to take advantage of advanced development concepts to, as appropriate, make next generation weather prediction models available in beta-test mode to operational forecasters, the United States weather industry, and partners in academic and Government research;
    (4) to use existing computing resources to improve advanced research and operational weather prediction;
    (5) to utilize non-Federal contracts to obtain the necessary expertise for advanced weather computing, if appropriate;
    (6) to utilize cloud computing; and
    (7) to create a long-term strategy to transition the programming language of weather model code to current and broadly-used coding language.
  • (c) The Under Secretary, acting through the Director of the National Weather Service and the heads of such other programs of the National Oceanic and Atmospheric Administration as the Under Secretary considers appropriate, shall—
    (1) collect and utilize information in order to make usable, reliable, and timely foundational forecasts of subseasonal and seasonal temperature and precipitation;
    (2) leverage existing research and models from the weather enterprise to improve the forecasts under paragraph (1);
    (3) determine and provide information on how the forecasted conditions under paragraph (1) may impact—
    (A) the number and severity of droughts, fires, tornadoes, hurricanes, floods, heat waves, coastal inundation, winter storms, high impact weather, or other relevant natural disasters;
    (B) snowpack; and
    (C) sea ice conditions; and
    (4) develop an Internet clearinghouse to provide the forecasts under paragraph (1) and the information under paragraphs (1) and (3) on both national and regional levels.
  • (e) The Under Secretary shall build upon existing forecasting and assessment programs and partnerships, including—
    (1) by designating research and monitoring activities related to subseasonal and seasonal forecasts as a priority in one or more solicitations of the Cooperative Institutes of the Office of Oceanic and Atmospheric Research;
    (2) by contributing to the interagency Earth System Prediction Capability; and
    (3) by consulting with the Secretary of Defense and the Secretary of Homeland Security to determine the highest priority subseasonal and seasonal forecast needs to enhance national security.
  • (1) The Under Secretary shall foster effective communication, understanding, and use of the forecasts by the intended users of the information described in subsection (d). This shall include assistance to States for forecast communication coordinators to enable local interpretation and planning based on the information.
  • (2) For each State that requests assistance under this subsection, the Under Secretary may—
    (A) provide funds to support an individual in that State
    (i) to serve as a liaison among the National Oceanic and Atmospheric Administration, other Federal departments and agencies, the weather enterprise, the State, and relevant interests within that State; and
    (ii) to receive the forecasts and information under subsection (c) and disseminate the forecasts and information throughout the State, including to county and tribal governments; and
    (B) require matching funds of at least 50 percent, from the State, a university, a nongovernmental organization, a trade association, or the private sector.
  • (g) Each Federal department and agency shall cooperate as appropriate with the Under Secretary in carrying out this section.
  • (1) Not later than 18 months after April 18, 2017, 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 report, including—
    (A) an analysis of the1 how information from the National Oceanic and Atmospheric Administration on subseasonal and seasonal forecasts, as provided under subsection (c), is utilized in public planning and preparedness;
    (B) specific plans and goals for the continued development of the subseasonal and seasonal forecasts and related products described in subsection (c); and
    (C) an identification of research, monitoring, observing, and forecasting requirements to meet the goals described in subparagraph (B).
  • (2) In developing the report under paragraph (1), the Under Secretary shall consult with relevant Federal, regional, State, tribal, and local government agencies, research institutions, and the private sector.
  • (6) The term “Under Secretary” means the Under Secretary of Commerce for Oceans and Atmosphere.
  • (A) 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 microsatellites 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 Administration’s COSMIC–1 and COSMIC–2 programs are free and open to all communities.
  • (B) Not less frequently than once each year until the Under Secretary has completed and operationalized the program described in subparagraph (A) pursuant to such subparagraph, the Under Secretary shall submit to Congress a report on the status of the efforts of the Under Secretary to carry out such subparagraph.
  • (3) The Under Secretary shall identify degradation of existing monitoring and observation capabilities that could lead to a reduction in forecast quality.
  • (4) In developing specifications for any satellite systems or data to follow the Joint Polar Satellite System, Geostationary Operational Environmental Satellites, and any other satellites, 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 reports under subsection (b) of this section.
  • (A) The Under Secretary shall seek to enter into an agreement with the National Academy of Sciences to perform the services covered by this subsection.
  • (B) The Under Secretary shall seek to enter into the agreement described in subparagraph (A) before September 30, 2018.
  • (A) 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.
  • (C) In carrying out the study under subparagraph (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 respect 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).
  • (A) If the Under Secretary is unable within the period prescribed in subparagraph (B) of paragraph (1) to enter into an agreement described in subparagraph (A) of such paragraph 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 Government;
    (ii) operates as a not-for-profit entity; and
    (iii) has expertise and objectivity comparable to that of the National Academy of Sciences.
  • (B) If the Under Secretary enters into an agreement with another organization as described in subparagraph (A), any reference in this subsection to the National Academy of Sciences shall be treated as a reference to the other organization.
  • (1) The Under Secretary shall analyze, test, and plan the procurement of future data sources and satellite architectures, including respective ground system elements, identified in the National Oceanic and Atmospheric Administration’s Satellite Observing System Architecture 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 technological advancements; and
    (D) improve—
    (i) weather and climate forecasting and predictions; and
    (ii) the understanding, management, and exploration of the ocean.
  • (2) 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 Federal agencies; and
    (B) shall, consistent with section 8517 of this title, undertake quantitative assessments 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).
  • (B) shall, consistent with section 8517 of this title, undertake quantitative assessments 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).
  • (1) Subject to paragraph (2), in order to enhance the effectiveness of data, satellite, and other observing systems used by the National Oceanic 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 considers appropriate to carry out—
    (A) basic, applied, and advanced research projects and ocean exploration missions to meet the objectives described in subparagraphs (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.
  • (B) any other type of project to meet other mission objectives, as determined by the Under Secretary.
  • (e) 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 Administration all uses of the authority under subsection (d), including an estimate of committed National Oceanic and Atmospheric Administration resources and the expected benefits to National Oceanic and Atmospheric Administration objectives for the transaction agreement, with appropriate redactions for proprietary, sensitive, or classified information.
  • (1) Not later than 90 days after September 30 of each fiscal year through September 30, 2023, 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 report on the use of additional transaction authority by the National Oceanic and Atmospheric Administration during the previous fiscal year.
  • (1) 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.
  • (1) 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, including radio occultation data, and, as soon as possible, geostationary hyperspectral sounder data.
  • (A) Not later than 90 days after April 18, 2017, the Under Secretary shall, through an open competition, enter into at least one pilot contract with one or more private sector entities 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) 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 commercially provided data into National Oceanic and Atmospheric Administration meteorological 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.
  • (d) 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 feasible, 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 suitable, 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 governmental meteorological space system; and
    (4) 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 report detailing any determination made under paragraphs (2) and (3).
  • (e) The Under Secretary shall continue to meet the international meteorological agreements into which the Under Secretary has entered, including practices set forth through World Meteorological Organization Resolution 40.
  • In meeting the requirements under this subchapter, the Under Secretary shall avoid unnecessary duplication between public and private sources of data and the corresponding expenditure of funds and employment of personnel.
  • (c) Not less frequently than once each year, the Working Group shall transmit to the Science Advisory Board for submission to the Under Secretary a report on progress made by National Oceanic and Atmospheric Administration in adopting the Working Group’s recommendations. The Science Advisory Board shall transmit this report to the Under Secretary. Within 30 days of receipt of such report, 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 copy of such report.
  • (d) Not less frequently than once each year, 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 report on participation in such program and shall highlight any innovations that come from this interaction.
  • (a) Not later than 180 days after April 18, 2017, the Under Secretary shall submit to Congress a report on the use of contractors at the National Weather Service for the most recently completed fiscal year.
  • (8) A description of any actions taken by the Under Secretary to respond to the issues raised by the Inspector General of the Department of Commerce regarding the hiring of former National Oceanic and Atmospheric Administration employees as contractors at the National Weather Service such as the issues raised in the Investigative Report dated June 2, 2015 (OIG–12–0447).
  • (c) For each fiscal year after the fiscal year covered by the report required by subsection (a), the Under Secretary shall, not later than 180 days after the completion of the fiscal year, publish on a publicly accessible Internet website the information described in paragraphs (1) through (8) of subsection (b) for such fiscal year.
  • (a) The Under Secretary may establish mechanisms for outreach to the weather enterprise
    (1) to assess the weather forecasts and forecast products provided by the National Oceanic and Atmospheric Administration; and
    (2) to determine the highest priority weather forecast needs of the community described in subsection (b).
  • (b) In conducting outreach under subsection (a), the Under Secretary shall contact leading experts and innovators from relevant stakeholders, including the representatives from the following:
    (1) State or local emergency management agencies.
    (2) State agriculture agencies.
    (3) Indian tribes (as defined in section 5304 of title 25) and Native Hawaiians (as defined in section 7517 of title 20).
    (4) The private aerospace industry.
    (5) The private earth observing industry.
    (6) The operational forecasting community.
    (7) The academic community.
    (8) Professional societies that focus on meteorology.
    (9) Such other stakeholder groups as the Under Secretary considers appropriate.
  • (9) Such other stakeholder groups as the Under Secretary considers appropriate.
  • (a) The Under Secretary shall acquire backup for the capabilities of the WP–3D Orion and G–IV hurricane aircraft of the National Oceanic and Atmospheric Administration that is sufficient to prevent a single point of failure.
  • (b) In order to carry out subsection (a), the Under Secretary shall negotiate and enter into 1 or more agreements or contracts, to the extent practicable and necessary, with governmental and non-governmental entities.
  • (c) The Under Secretary shall continue the development of Airborne Phased Array Radar under the United States Weather Research Program.
  • (a) The Under Secretary of Commerce for Oceans and Atmosphere, acting through the National Weather Service, shall improve the Cooperative Observer Program by—
    (1) providing support to—
    (A) State-coordinated programs relating to the Program; and
    (B) States and regions where observations provided through the Program are scarce;
    (2) working with State weather service headquarters to increase participation in the Program and to add stations in States and regions described in paragraph (1)(B);
    (3) where feasible, ensuring that data streams from stations that have been contributing data to the Program for more than 50 years are maintained and continually staffed by volunteers;
    (4) prioritizing the recruitment of new volunteers for the Program;
    (5) ensuring that opportunities exist for automated reporting to lessen the burden on volunteers to collect and report data by hand; and
    (6) ensuring that integrated reporting is available for qualitative observations that cannot be automated, such as drought conditions, snow observations, and hazardous weather events, to ensure that volunteers in the Program can report and upload observations quickly and easily.
  • (1) The term “Administrator” means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration.

Citations to §8501(5)

  • (3) Research and development, and transfer of knowledge, technologies, and applications to the National Weather Service and other appropriate agencies and entities, including the United States weather industry and academic partners, related to—
    (A) advanced radar, radar networking technologies, and other ground-based technologies, including those emphasizing rapid, fine-scale sensing of the boundary layer and lower troposphere, and the use of innovative, dual-polarization, phased-array technologies;
    (B) aerial weather observing systems;
    (C) high performance computing and information technology and wireless communication networks;
    (D) advanced numerical weather prediction systems and forecasting tools and techniques that improve the forecasting of timing, track, intensity, and severity of high impact weather, including through—
    (i) the development of more effective mesoscale models;
    (ii) more effective use of existing, and the development of new, regional and national cloud-resolving models;
    (iii) enhanced global weather models; and
    (iv) integrated assessment models;
    (E) quantitative assessment tools for measuring the impact and value of data and observing systems, including Observing System Simulation Experiments (as described in section 8517 of this title), Observing System Experiments, and Analyses of Alternatives;
    (F) atmospheric chemistry and interactions essential to accurately characterizing atmospheric composition and predicting meteorological processes, including cloud microphysical, precipitation, and atmospheric electrification processes, to more effectively understand their role in severe weather; and
    (G) additional sources of weather data and information, including commercial observing systems.
  • (4) A technology transfer initiative, carried out jointly and in coordination with the Director of the National Weather Service, and in cooperation with the United States weather industry and academic partners, to ensure continuous development and transition of the latest scientific and technological advances into operations of the National Weather Service and to establish a process to sunset outdated and expensive operational methods and tools to enable cost-effective transfer of new methods and tools into operations.
  • (A) leveraging the weather enterprise to provide expertise on removing barriers to improving numerical weather prediction;
  • (a) The Under Secretary, in collaboration with the United States weather industry and academic partners, shall establish a tornado warning improvement and extension program.
  • (a) The Under Secretary, in collaboration with the United States weather industry and such academic entities as the Administrator considers appropriate, shall maintain a project to improve hurricane forecasting.
  • (3) describes how the program will collaborate with stakeholders, including the United States weather industry and academic partners; and
  • (4) identifies, through consultation with the National Science Foundation, the United States weather industry, and academic partners, research necessary to enhance the integration of social science knowledge into weather forecast and warning processes, including to improve the communication of threat information necessary to enable improved severe weather planning and decisionmaking on the part of individuals and communities.
  • (2) shall be conducted in cooperation with other appropriate entities within the National Oceanic and Atmospheric Administration, other Federal agencies, the United States weather industry, and academic partners to ensure the technical and scientific merit of results from Observing System Simulation Experiments or other appropriate quantitative assessment methodologies.
  • (3) to take advantage of advanced development concepts to, as appropriate, make next generation weather prediction models available in beta-test mode to operational forecasters, the United States weather industry, and partners in academic and Government research;
  • (7) develop mechanisms for research priorities of the Office of Oceanic and Atmospheric Research to be informed by the relevant line offices within the National Oceanic and Atmospheric Administration, the relevant user community, and the weather enterprise;
  • (2) leverage existing research and models from the weather enterprise to improve the forecasts under paragraph (1);
  • (i) to serve as a liaison among the National Oceanic and Atmospheric Administration, other Federal departments and agencies, the weather enterprise, the State, and relevant interests within that State; and
  • (7) 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 forecast products.
  • (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 information critical to their work; and
  • (c) The Director of the Office of Science and Technology Policy shall take such other steps as are necessary to coordinate the activities of the Federal Government with those of the United States weather industry, State governments, emergency managers, and academic researchers.
  • (a) The Under Secretary may establish mechanisms for outreach to the weather enterprise
    (1) to assess the weather forecasts and forecast products provided by the National Oceanic and Atmospheric Administration; and
    (2) to determine the highest priority weather forecast needs of the community described in subsection (b).