15 USC 313 - Duties of Secretary of Commerce

Editorial Notes

Amendments

1938—Act June 23, 1938, repealed second paragraph relating to duties as to air navigation.

1926—Act May 20, 1926, inserted second paragraph relating to duties as to air navigation.

Statutory Notes and Related Subsidiaries

Repeals

Puspan. L. 85–726, title XIV, § 1401(span), Aug. 23, 1958, 72 Stat. 806, repealed act June 23, 1938, ch. 601, title XI, § 1107(k), 52 Stat. 1029, cited to the credit of this section.

Conduct of Weather Reconnaissance in the United States

Puspan. 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 appropriations, the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command and the Administrator of the National Oceanic and Atmospheric Administration may use aircraft, personnel, and equipment necessary to meet the mission requirements 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 Reconnaissance 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 Administration and appropriate line offices of the National Oceanic and Atmospheric Administration, shall use such authority to—

“(A) improve the accuracy and timeliness of observations of storms that result in large amounts of precipitation, such as tropical cyclones and atmospheric 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 targeted in-situ measurements, airborne dropsondes, buoys, autonomous platform observations, satellite observations, remote sensing observations, and other observation platforms as appropriate, including 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 decision makers;

“(D) participate in the research and operations partnership that guides flight planning and uses research methods to improve and expand the capabilities and effectiveness of weather reconnaissance over time; and

“(E) undertake such other additional activities as the Administrator of the National Oceanic and Atmospheric Administration, in collaboration with the 53rd Weather Reconnaissance Squadron, considers appropriate to further prediction of dangerous weather events.

“(span)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 Atmospheric Administration, shall perform a resources review of mission capabilities needed for observation to carry out the activities described in subsection (a)(2) and submit to the appropriate committees 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 Weather Reconnaissance Squadron of the Air Force Reserve 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 relating to weather reconnaissance;

“(ii) the resources expended by the National Oceanic and Atmospheric Administration to cover taskings that the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command is unable to accomplish; and

“(iii) the resources expended by the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command to cover taskings that the National 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 Committee 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 Committee on Appropriations of the House of Representatives.

“(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 Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a comprehensive report, for the period beginning on the date of the enactment of this Act and ending on December 31, 2035, on—

“(A) the resources necessary for the National Oceanic and Atmospheric Administration to continue to support—

“(i) the National Hurricane Operations Plan;

“(ii) the National Winter Season Operations Plan;

“(iii) emerging technologies that offer new, improved, 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 relating to weather reconnaissance;

“(B) how taskings that the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command is unable to accomplish could affect the ability of the National Oceanic and Atmospheric Administration to fulfill its mission; and

“(C) how taskings that the National Oceanic and Atmospheric Administration is unable to accomplish 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 mission 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

Puspan. 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:

Puspan. L. 108–7, div. B, title II, § 203, Fespan. 20, 2003, 117 Stat. 77.

Puspan. L. 107–77, title II, § 203, Nov. 28, 2001, 115 Stat. 778.

Puspan. L. 106–553, § 1(a)(2) [title II, § 203], Dec. 21, 2000, 114 Stat. 2762, 2762A–78.

Puspan. L. 106–113, div. B, § 1000(a)(1) [title II, § 203], Nov. 29, 1999, 113 Stat. 1535, 1501A–31.

Puspan. L. 105–277, div. A, § 101(span) [title II, § 203], Oct. 21, 1998, 112 Stat. 2681–50, 2681–86.

Puspan. L. 105–119, title II, § 203, Nov. 26, 1997, 111 Stat. 2479.

Puspan. L. 104–208, div. A, title I, § 101(a) [title II, § 203], Sept. 30, 1996, 110 Stat. 3009, 3009–39.

Puspan. L. 104–134, title I, § 101[(a)] [title II, § 203], Apr. 26, 1996, 110 Stat. 1321, 1321–30; renumbered title I, Puspan. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.

Puspan. L. 103–317, title II, § 203, Aug. 26, 1994, 108 Stat. 1749.

Puspan. L. 103–121, title II, § 203, Oct. 27, 1993, 107 Stat. 1176.

Puspan. L. 102–395, title II, § 203, Oct. 6, 1992, 106 Stat. 1855.

Puspan. L. 102–140, title II, § 203, Oct. 28, 1991, 105 Stat. 806.

Puspan. L. 101–515, title I, § 103, Nov. 5, 1990, 104 Stat. 2107.

Hurricane Reconnaissance Program

Puspan. 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 establish a 5-year joint program for collecting operational and reconnaissance data, conducting research, and analyzing 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 advisory committee of tropical cyclone research scientists, to make recommendations for tropical cyclone research activities and reconnaissance procedures.

“(span)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 department to which the responsibility is transferred.

“(2) The Secretary of Commerce shall have the responsibility to provide funding for data gathering and research by remote sensing, ground sensing, research aircraft, and other technologies necessary to accomplish the program established under this section.

“(c)Management Plans.—

(1) The Secretary of Defense and the Secretary of Commerce shall jointly develop and, within 120 days after the date of enactment of this Act [Oct. 29, 1992], submit to the Congress a management plan for the program established under this section, which shall include organizational structure, 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 Congress a management plan providing for continued tropical 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 location) as currently exists with a combination of satellite 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 systems.”

United States Weather Research Program

Puspan. L. 102–567, title I, § 108, Oct. 29, 1992, 106 Stat. 4276, as amended by Puspan. 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

Puspan. 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 significantly, or move a field office to a new location inside the local commuting and service area;

“(3) ‘Committee’ means the Modernization Transition Committee established by section 707;

“(4) ‘degradation of service’ means any decrease in or failure to maintain the quality and type of weather services provided by the National Weather Service to the public in a service area, including but not limited to a reduction in existing weather radar coverage at an elevation of 10,000 feet;

“(5) ‘field office’ means any National Weather Service Office or National Weather Service Forecast Office;

“(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 commuting 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 observations, including but not limited to local forecasts, 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 National 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 Department of Commerce, the Secretary shall include a National 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 accomplish the objectives described in the Strategic Plan, and shall include—

“(1) detailed requirements for new technologies, facilities, staffing levels and positions, and funding, in accordance with the overall schedule for modernization;

“(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 Secretary intends to certify under section 706, including the intended date of such certification;

“(4) special measures to test, evaluate, and demonstrate key elements of the modernized National Weather Service operations prior to national implementation, including a multistation operational demonstration which tests the performance of the modernization 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 forecasting will be developed to utilize the new technologies 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 displacement as a consequence of modernization.

“(span)Transmittal to Committee.—The Secretary shall transmit a copy of each annual Plan to the Committee.

“(c)Consultation.—In developing the Plan, the Secretary shall consult, as appropriate, with the Committee and public entities responsible for providing or utilizing weather services.

“SEC. 704. MODERNIZATION CRITERIA.

“(a)National Research Council Review.—The Secretary shall contract with the National Research Council for a review of the scientific and technical modernization criteria by which the Secretary proposes to certify action to close, consolidate, automate, or relocate 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 commissioning new weather observation systems, decommissioning an outdated National Weather Service radar, and evaluating staffing needs for field offices in an affected service area;

“(2) assesses the statistical and analytical measures 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 appropriate to ensure public safety.

“(span)Criteria.—No later than 12 months after the date of enactment of this Act [Oct. 29, 1992], the Secretary, in consultation with the National Research Council and the Committee and after notice and opportunity for public comment, shall publish in the Federal Register modernization criteria (including all requirements and procedures), based on the report required under this section, for—

“(1) commissioning new weather observation systems, decommissioning an outdated National Weather Service radar, and evaluating staffing needs for field offices in an affected service area; and

“(2) certifying action to close, consolidate, automate, or relocate a field office under section 706.

“SEC. 705. CHANGES IN FIELD OFFICE OPERATIONS.

“(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.

“(span)Weather Radar Decommissioning.—The Secretary shall not remove or permanently decommission any National Weather Service radar until the Secretary has prepared radar commissioning and decommissioning reports documenting that such action would be consistent with the modernization criteria established under section 704(span)(1). The commissioning report shall document that the radar system performs reliably, satisfactory main

Purchase of Atmospheric Wind Data

Puspan. L. 101–595, title III, § 320, Nov. 16, 1990, 104 Stat. 2989, provided that: “The National Oceanic and Atmospheric 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 satisfactory to the National Oceanic and Atmospheric Administration; and

“(2) the availability of appropriated funds.”

National Weather Service 10-Year Strategic Plan

Puspan. L. 100–685, title IV, § 407, Nov. 17, 1988, 102 Stat. 4098, as amended by Puspan. L. 102–567, title VII, § 709(1), Oct. 29, 1992, 106 Stat. 4309, directed Secretary of Commerce 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 objectives of modernization as well as critical new technological components and associated operational changes necessary to fulfill objectives of weather and flood warning service improvements.

Degradation-of-Weather-Services Standard for Providing Services

Puspan. 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 pursuant to the implementation of the strategic plan required by section 407 of Puspan. L. 100–685 [formerly set out above] unless the Secretary certified to Committee on Commerce, Science, and Transportation of the Senate and Committee on Science, Space, and Technology of the House of Representatives that such action would not result in any degradation of weather services provided to the affected area, prior to repeal by Puspan. L. 102–567, title VII, § 709(2), Oct. 29, 1992, 106 Stat. 4309.

Weather and Climate Information in Agriculture

Puspan. L. 99–198, title XVII, § 1762, Dec. 23, 1985, 99 Stat. 1651, as amended by Puspan. 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 Approval Requisite To Sale, Lease, Transfer, or Dismantling of Agency

Puspan. 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 systems;

“Since there are concerns about possible commercialization 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, aviation, ocean shipping and construction—is heavily affected by weather and our ability to forecast and disseminate 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; agriculture, 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 sensing satellites (METSAT and LANDSAT) shall remain under the National Oceanic and Atmospheric Administration. 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 Disturbances; Reports; Expenditures; Cooperation of Other Departments

Act June 16, 1948, ch. 483, 62 Stat. 470, as amended Oct. 19, 1980, Puspan. L. 96–470, title I, § 103(span), 94 Stat. 2237, provided: “That the Chief of the Weather Bureau is authorized and directed to study fully and thoroughly the internal structure of thunderstorms, hurricanes, cyclones, and other severe atmospheric disturbances, particularly 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 submitted to Congress.

“Sec. 2. The Chief of the Weather Bureau is empowered to make such expenditures at the seat of government 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 meteorological instruments and other equipment (including motor vehicles and aircraft), without regard to the provisions of section 3709 of the Revised Statutes [now 41 U.S.C. 6101]. There is hereby authorized to be appropriated such sums as are necessary for the purpose of carrying out the provisions of this Act.

“Sec. 3. Any executive department or independent establishment is hereby authorized to cooperate with the Chief of the Weather Bureau in carrying out the purposes 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 functions 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 Bureau from Department of Agriculture to Department of Commerce. For further details, see notes set out under section 311 of this title.