US (United States) Code. Title 15. Chapter 9: National Weather Service

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

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15 USC CHAPTER 9 - NATIONAL WEATHER SERVICE 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 9 - NATIONAL WEATHER SERVICE

.

-HEAD-

CHAPTER 9 - NATIONAL WEATHER SERVICE

-MISC1-

Sec.

311. Omitted.

312. Employees.

313. Duties of Secretary of Commerce.

313a. Establishment of meteorological observation stations in the

Arctic region.

313b. Institute for Aviation Weather Prediction.

313c. Authorized activities of the National Oceanic and Atmospheric

Administration.

314. Omitted.

315. Changes or assignment to duty.

316. Omitted.

317. Appropriations and estimates.

318. Weather signals on mail cars.

319 to 321. Omitted or Repealed.

322. Odd jobs for part-time employees.

323, 324. Repealed or Omitted.

325. Authority for certain functions and activities.

326. Maintenance of printing office in Washington, D.C.

327. Employees for conduct of meteorological investigations in

Arctic region; appointment and compensation; extra compensation

to other Government employees for taking observations.

328. Transfer from other Government Departments of surplus

equipment and supplies for Arctic stations.

329. Omitted.

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15 USC Sec. 311 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 9 - NATIONAL WEATHER SERVICE

-HEAD-

Sec. 311. Omitted

-COD-

CODIFICATION

Section, act Oct. 1, 1890, ch. 1266, Sec. 1, 26 Stat. 653, as

amended, relating to the establishment of a Weather Bureau in the

Department of Commerce, was omitted because the Weather Bureau was

consolidated with the Coast and Geodetic Survey to form a new

agency in the Department to be known as the Environmental Science

Services Administration, and the office of Chief of the Weather

Bureau was abolished, by Reorg. Plan No. 2 of 1965, eff. July 13,

1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note below. The

Reorg. Plan also transferred to the Secretary of Commerce all

functions of the Bureau and the Chief of the Bureau.

Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84

Stat. 2090, set out as a note under section 1511 of this title,

abolished the Environmental Science Services Administration,

including the offices of Administrator and Deputy Administrator,

and established the National Oceanic and Atmospheric Administration

within the Department of Commerce. By Department Organization Order

25-5A, republished 39 F.R. 27486, July 29, 1974, the Secretary of

Commerce delegated to the National Oceanic and Atmospheric

Administration a number of functions vested in him, including his

functions under this chapter of the Code. By order of the Acting

Associate Administrator, 35 F.R. 19249, Dec. 19, 1970, the

following organizational names appearing in chapter IX of subtitle

B of Title 15, Code of Federal Regulations, relating to the

Administration, were changed: Environmental Science Services

Administration to National Oceanic and Atmospheric Administration

(ESSA to NOAA); Coast and Geodetic Survey to National Ocean Survey,

and Weather Bureau to National Weather Service.

Prior to Oct. 1, 1890, the functions of the Weather Bureau were

exercised by the Signal Corps of the Army. Act October 1, 1890,

created the present Bureau in the Department of Agriculture. By

Reorg. Plan No. IV of 1940, Sec. 8, eff. June 30, 1940, 5 F.R.

2421, 54 Stat. 1236, the Bureau and its functions were transferred

to the Department of Commerce, ''Provided, That the Department of

Agriculture may continue to make snow surveys and to conduct

research concerning: (a) relationships between weather and crops,

(b) long-range weather forecasting, and (c) relationships between

weather and soil erosion.''

-MISC3-

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-253, Sec. 1, Oct. 29, 2002, 116 Stat. 1731, provided

that: ''This Act (enacting section 313c of this title and

provisions set out as notes under section 313c of this title) may

be cited as the 'Inland Flood Forecasting and Warning System Act of

2002'.''

WEATHER MODIFICATION PROGRAM

Act Aug. 13, 1953, ch. 426, 67 Stat. 559, as amended by act July

9, 1956, ch. 522, 70 Stat. 509, related to research and

experimentation in the field of weather modification and created

the Advisory Committee on Weather Control. Pub. L. 85-170, ch. II,

Sec. 201, Aug. 28, 1957, 71 Stat. 427, provided in part that the

Advisory Committee on Weather Control shall complete its report and

terminate its activities by Dec. 31, 1957.

REORGANIZATION PLAN NO. 2 OF 1965

EFF. JULY 13, 1965, 30 F.R. 8819, 79 STAT. 1318, AS AMENDED PUB. L.

90-83, SEC. 10(C), SEPT. 11, 1967, 81 STAT. 224

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, May 13, 1965,

pursuant to the provisions of the Reorganization Act of 1949, 63

Stat. 203, as amended (see 5 U.S.C. 901 et seq.).

ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, DEPARTMENT OF

COMMERCE

SECTION 1. TRANSFER OF FUNCTIONS

All functions vested by law in the Weather Bureau, the Chief of

the Weather Bureau, the Coast and Geodetic Survey, the Director of

the Coast and Geodetic Survey, and any officer, employee, or

organizational entity of that Bureau or Survey, and not heretofore

transferred to the Secretary of Commerce, hereinafter referred to

as the Secretary, are hereby transferred to the Secretary.

SEC. 2. ABOLITIONS

(a) The offices of Director of the Coast and Geodetic Survey,

Deputy Director of the Coast and Geodetic Survey, and Chief of the

Weather Bureau are hereby abolished. The Secretary shall make such

provisions as he shall deem to be necessary respecting the winding

up of any outstanding affairs of the officers whose offices are

abolished by the provisions of this section.

(b) The abolitions effected by the provision of subsection (a) of

this section shall exclude the abolition of rights to which the

present incumbents of the abolished offices would be entitled under

law upon the termination of their appointments.

SEC. 3. ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION

(a) The Coast and Geodetic Survey and the Weather Bureau are

hereby consolidated to form a new agency in the Department of

Commerce which shall be known as the Environmental Science Services

Administration, hereinafter referred to as the Administration.

(b) The Secretary shall from time to time establish such

constituent organizational entities of the Administration, with

such names, as he shall determine.

SEC. 4. OFFICERS OF THE ADMINISTRATION

(a) There shall be at the head of the Administration the

Administrator of the Environmental Science Services Administration,

hereinafter referred to as the Administrator. The Administrator

shall be appointed by the President by and with the advice and

consent of the Senate. He shall perform such functions as the

Secretary may from time to time direct.

(b)(1) There shall be in the Administration a Deputy

Administrator of the Environmental Science Services Administration,

hereinafter referred to as the Deputy Administrator, who shall be

appointed by the President by and with the advice and consent of

the Senate, shall perform such functions as the Secretary may from

time to time direct, and, unless he is compensated in pursuance of

the provisions of paragraph (2), below, shall receive compensation

in accordance with the Classification Act of 1949, as amended

(chapter 51 and subchapter III of chapter 53 of Title 5).

(2) The office of Deputy Administrator may be filled at the

discretion of the President by appointment (by and with the advice

and consent of the Senate) from the active list of commissioned

officers of the Administration in which case the appointment shall

create a vacancy on the active list and while holding the office of

Deputy Administrator the officer shall have rank, pay and

allowances not exceeding those of a Vice Admiral.

(c) The Deputy Administrator or such other official of the

Department of Commerce as the Secretary shall from time to time

designate shall act as Administrator during the absence or

disability of the Administrator or in the event of a vacancy in the

office of Administrator.

(d) At any one time, one principal constituent organizational

entity of the Administration may, if the Secretary so elects, be

headed by a commissioned officer of the Administration, who shall

be designated by the Secretary. Such designation of an officer

shall create a vacancy on the active list and while serving under

this paragraph the officer shall have rank, pay and allowances not

exceeding those of a Rear Admiral (upper half).

(e) Any commissioned officer of the Administration who has served

as Deputy Administrator or has served in a rank above that of

Captain as the head of a principal constituent organizational

entity of the Administration, and is retired while so serving or is

retired after the completion of such service while serving in a

lower rank or grade, shall be retired with the rank, pay and

allowances authorized by law for the highest grade and rank held by

him; but any such officer, upon termination of his appointment in a

rank above that of Captain shall, unless appointed or assigned to

some other position for which a higher rank or grade is provided,

revert to the grade and number he would have occupied had he not

served in a rank above that of Captain and such officer shall be an

extra number in that grade. (As amended Pub. L. 90-83 Sec. 10(c),

Sept. 11, 1967, 81 Stat. 224.)

SEC. 5. AUTHORITY OF THE SECRETARY

Nothing in this reorganization plan shall divest the Secretary of

any function vested in him by law or by Reorganization Plan No. 5

of 1950 (64 Stat. 1263) or in any manner derogate from any

authority of the Secretary thereunder.

SEC. 6. PERSONNEL, PROPERTY, RECORDS AND FUNDS

(a) The personnel (including commissioned officers) employed in

the Coast and Geodetic Survey, the personnel employed in the

Weather Bureau, and the property and records held or used by the

Weather Bureau or the Coast and Geodetic Survey shall be deemed to

be transferred to the Administration.

(b) Unexpended balances of appropriations, allocations, and other

funds available or to be made available in connection with

functions now administered by the Weather Bureau or by the Coast

and Geodetic Survey shall be available to the Administration

hereunder in connection with those functions.

(c) Such further measures and dispositions as the Director of the

Bureau of the Budget shall deem to be necessary in order to

effectuate the foregoing provisions of this section shall be

carried out in such manner as he shall direct and by such agencies

as he shall designate.

SEC. 7. INTERIM OFFICERS

(a) The President may authorize any person who immediately prior

to the effective date of this reorganization plan held a position

in the executive branch of the Government to act as Administrator

until the office of Administrator is for the first time filled

pursuant to the provision of this reorganization plan or by recess

appointment, as the case may be.

(b) The President may similarly authorize any such person to act

as Deputy Administrator.

(c) The President may authorize any person who serves in an

acting capacity under the foregoing provisions of this section to

receive the compensation attached to the office in respect to which

he so serves. Such compensation, if authorized, shall be in lieu

of, but not in addition to, other compensation from the United

States to which such person may be entitled.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 2 of 1965, prepared

in accordance with the provisions of the Reorganization Act of

1949, as amended, and providing for the reorganization of two major

agencies of the Department of Commerce: The Weather Bureau and the

Coast and Geodetic Survey.

The reorganization plan consolidates the Coast and Geodetic

Survey and the Weather Bureau to form a new agency in the

Department of Commerce to be known as the Environmental Science

Services Administration. It is the intention of the Secretary of

Commerce to transfer the Central Radio Propagation Laboratory of

the National Bureau of Standards to the Administration when the

reorganization plan takes effect. The new Administration will then

provide a single national focus for our efforts to describe,

understand, and predict the state of the oceans, the state of the

lower and upper atmosphere, and the size and shape of the earth.

Establishment of the Administration will mark a significant step

forward in the continual search by the Federal Government for

better ways to meet the needs of the Nation for environmental

science services. The organizational improvements made possible by

the reorganization plan will enhance our ability to develop an

adequate warning system for the severe hazards of nature - for

hurricanes, tornadoes, floods, earthquakes, and seismic sea waves,

which have proved so disastrous to the Nation in recent years.

These improvements will permit us to provide better environmental

information to vital segments of the Nation's economy - to

agriculture, transportation, communications, and industry, which

continually require information about the physical environment.

They will mean better services to other Federal departments and

agencies - to those that are concerned with the national defense,

the exploration of outer space, the management of our mineral and

water resources, the protection of the public health against

environmental pollution, and the preservation of our wilderness and

recreation areas.

The new Administration will bring together a number of allied

scientific disciplines that are concerned with the physical

environment. This integration will better enable us to look at

man's physical environment as a scientific whole and to seek to

understand the interactions among air, sea, and earth and between

the upper and lower atmosphere. It will facilitate the development

of programs dealing with the physical environment and will permit

better management of these programs. It will enhance our

capability to identify and solve important long-range scientific

and technological problems associated with the physical

environment. The new Administration will, in consequence, promote

a fresh sense of scientific dedication, discovery, and challenge,

which are essential if we are to attract scientists and engineers

of creativity and talent to Federal employment in this field.

The reorganization plan provides for an Administrator at the head

of the Administration, and for a Deputy Administrator, each of whom

will be appointed by the President by and with the advice and

consent of the Senate. As authorized by the civil service and other

laws and regulations, subordinate officers of the Administration

will be appointed by the Secretary of Commerce or be assigned by

him from among a corps of commissioned officers. The

Administration will perform such functions as the Secretary of

Commerce may delegate or otherwise assign to it and will be under

his direction and control.

Commissioned officers of the Coast and Geodetic Survey will

become commissioned officers of the Administration and may serve at

the discretion of the Secretary of Commerce throughout the

Administration. The reorganization plan authorizes the President at

his discretion to fill the Office of Deputy Administrator by

appointment, by and with the advice and consent of the Senate, from

the active list of commissioned officers of the Administration.

The reorganization plan transmitted herewith abolishes - and thus

excludes from the consolidation mentioned above - the offices of

(1) Chief of the Weather Bureau, provided for in the act of October

1, 1890 (15 U.S.C. 312); (2) Director of the Coast and Geodetic

Survey, provided for in the acts of June 4, 1920, and February 16,

1929, as amended (33 U.S.C. 852, 852a); and (3) Deputy Director of

the Coast and Geodetic Survey, provided for in the act of January

19, 1942, as amended (33 U.S.C. 852b).

After investigation, I have found and hereby declare that each

reorganization included in Reorganization Plan No. 2 of 1965 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949, as amended. I have

also found and hereby declare that by reason of the reorganizations

made by the reorganization plan, it is necessary to include in the

plan provisions for the appointment and compensation of the

officers of the Administration set forth in section 4 of the

reorganization plan. The rate of compensation fixed for each of

these officers is that which I have found to prevail in respect of

comparable officers in the executive branch of the Government.

In addition to permitting more effective management within the

Department of Commerce, the new organization will ultimately

produce economies. These economies will be of two types. The

first, and probably the most significant, is the savings and

avoidance of costs which will result from the sharing of complex

and expensive facilities such as satellites, computers,

communication systems, aircraft, and ships. These economies will

increase in significance as developments in science and technology

bring into being still more advanced equipment. Second,

integration of the existing headquarters and field organizations

will permit more efficient utilization of existing administrative

staffs and thereby produce future economies. It is, however,

impracticable to specify or itemize at this time the reductions of

expenditures which it is probable will be brought about by the

taking effect of the reorganizations included in the reorganization

plan.

I recommend that the Congress allow the accompanying

reorganization plan to become effective. Lyndon B. Johnson.

The White House, May 13, 1965.

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15 USC Sec. 312 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 9 - NATIONAL WEATHER SERVICE

-HEAD-

Sec. 312. Employees

-STATUTE-

The National Weather Service shall consist of such civilian

employees as Congress may annually provide for and as may be

necessary to properly perform the duties devolving on said Service

by law.

-SOURCE-

(Oct. 1, 1890, ch. 1266, Sec. 4, 26 Stat. 653; July 8, 1898, No.

57, 30 Stat. 752; 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.)

-MISC1-

REPEALS

Joint Res. July 8, 1898, provided: ''That the laws authorizing

the detail and assignment of the officers of the Army to duty in

the Weather Bureau be, and are hereby, repealed.''

-TRANS-

TRANSFER OF FUNCTIONS

Office of Chief of Weather Bureau abolished and Weather Bureau

consolidated with Coast and Geodetic 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. The Reorg. Plan also transferred to Secretary of

Commerce functions of Bureau and Chief of Bureau. Subsequently,

Environmental Science Services Administration abolished and

National Oceanic and Atmospheric Administration established. By

Department Organization Order 25-5A, Secretary delegated 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 details,

see Codification note set out under section 311 of this title.

-CITE-

15 USC Sec. 313 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 9 - NATIONAL WEATHER SERVICE

-HEAD-

Sec. 313. Duties of Secretary of Commerce

-STATUTE-

The Secretary of Commerce shall have charge of the forecasting of

weather, the issue of storm warnings, the display of weather and

flood signals for the benefit of agriculture, commerce, and

navigation, the gauging and reporting of rivers, the maintenance

and operation of seacoast telegraph lines and the collection and

transmission of marine intelligence for the benefit of commerce and

navigation, the reporting of temperature and rain-fall conditions

for the cotton interests, the display of frost and cold-wave

signals, the distribution of meteorological information in the

interests of agriculture and commerce, and the taking of such

meteorological observations as may be necessary to establish and

record the climatic conditions of the United States, or as are

essential for the proper execution of the foregoing duties.

-SOURCE-

(Oct. 1, 1890, ch. 1266, Sec. 3, 26 Stat. 653; May 20, 1926, ch.

344, Sec. 5 (e), 44 Stat. 571; June 23, 1938, ch. 601, title XI,

Sec. 1107(k), 52 Stat. 1029; 1940 Reorg. Plan No. IV, Sec. 8, eff.

June 30, 1940, 5 F.R. 2421, 54 Stat. 1236; 1965 Reorg. Plan No. 2,

Sec. 1, 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318.)

-MISC1-

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.

REPEALS

Pub. L. 85-726, title XIV, Sec. 1401(b), Aug. 23, 1958, 72 Stat.

806, repealed act June 23, 1938, ch. 601, title XI, Sec. 1107(k),

52 Stat. 1029, cited to the credit of this section.

-TRANS-

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.

-MISC5-

HURRICANE RECONNAISSANCE PROGRAM

Pub. L. 102-567, title I, Sec. 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.

''(b) 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

Pub. L. 102-567, title I, Sec. 108, Oct. 29, 1992, 106 Stat.

4276, provided that:

''(a) Establishment. - The Secretary of Commerce, in cooperation

with the Federal Coordinating Council for Science, Engineering, and

Technology through the Committee on Earth and Environmental

Sciences, shall establish a United States Weather Research Program

to -

''(1) increase benefits to the Nation from the substantial

investment in modernizing the public weather warning and forecast

system in the United States;

''(2) improve local and regional weather forecasts and

warnings;

''(3) address critical weather-related scientific issues; and

''(4) coordinate governmental, university, and private-sector

efforts.

''(b) Implementation Plan. - Not later than 90 days after the

date of enactment of this Act (Oct. 29, 1992), the Secretary of

Commerce, in cooperation with the Committee on Earth and

Environmental Sciences, shall prepare 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 a plan for implementation of the United States

Weather Research Program which shall -

''(1) establish, for the 10-year period beginning in the year

the plan is submitted, the goals and priorities for Federal

weather research which most effectively advance the scientific

understanding of weather processes and provide information to

improve weather warning and forecast systems in the United

States;

''(2) describe specific activities, including research

activities, data collection and data analysis requirements,

predictive modeling, participation in international research

efforts, demonstration of potential operational forecast

applications, and education and training required to achieve such

goals and priorities; and

''(3) set forth the role of each Federal agency and department

to be involved in the United States Weather Research Program,

identifying and addressing, as appropriate, relevant programs and

activities of the Federal agencies and departments that would

contribute to such Program.''

WEATHER SERVICE MODERNIZATION

Pub. 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.

''(b) 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.

''(b) 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.

''(b) 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(b)(1). The commissioning report shall document that the

radar system performs reliably, satisfactory maintenance support is

in place, sufficient staff with adequate training are present to

operate the system, technical coordination with weather service

users has been completed, and the radar being commissioned

satisfactorily supports field office operations. The

decommissioning report shall document that the replacement radar

has been commissioned, technical coordination with service users

has been completed, and the radar being decommissioned is no longer

needed to support field office operations.

''(c) Surface Observing System Commissioning. - The Secretary may

not commission an automated surface observing system located at an

airport unless it is determined, in consultation with the Secretary

of Transportation, that the weather services provided after

commissioning will continue to be in full compliance with

applicable flight aviation rules promulgated by the Federal

Aviation Administration.

''SEC. 706. RESTRUCTURING FIELD OFFICES.

''Sec. 706. (a) Prohibition. - The Secretary shall not close,

before January 1, 1996, any field office pursuant to implementation

of the Strategic Plan.

''(b) Certification. - The Secretary shall not close,

consolidate, automate, or relocate any field office, unless the

Secretary has certified that such action will not result in any

degradation of service. Such certification shall include -

''(1) a description of local weather characteristics and

weather-related concerns which affect the weather services

provided within the service area;

''(2) a detailed comparison of the services provided within the

service area and the services to be provided after such action;

''(3) a description of any recent or expected modernization of

National Weather Service operations which will enhance services

in the service area;

''(4) an identification of any area within any State which

would not receive coverage (at an elevation of 10,000 feet) by

the next generation weather radar network;

''(5) evidence, based upon operational demonstration of

modernized National Weather Service operations, which was

considered in reaching the conclusion that no degradation in

service will result from such action; and

''(6) any report of the Committee submitted under section

707(c) that evaluates the proposed certification.

''(c) Public Review. - Each certification decision shall be

preceded by -

''(1) publication in the Federal Register of a proposed

certification; and

''(2) a 60-day period after such publication during which the

public may provide comments to the Secretary on the proposed

certification.

''(d) Final Decision. - If after consideration of the public

comment received under subsection (c) the Secretary, in

consultation with the Committee, decides to close, consolidate,

automate, or relocate any such field office, the Secretary shall

publish a final certification in the Federal Register and submit

the certification to the Committee on Commerce, Science, and

Transportation of the Senate and the Committee on Science, Space,

and Technology of the House of Representatives.

''(e) Special Circumstances. - The Secretary may not close or

relocate any field office -

''(1) which is located at an airport, unless the Secretary, in

consultation with the Secretary of Transportation and the

Committee, first conducts an air safety appraisal, determines

that such action will not result in degradation of service that

affects aircraft safety, and includes such determination in the

certification required under subsection (b); or

''(2) which is the only office in a State, unless the Secretary

first evaluates the effect on weather services provided to

in-State users, such as State agencies, civil defense officials,

and local public safety offices, and includes in the

certification required under subsection (b) the Secretary's

determination that a comparable level of weather services

provided to such in-State users will remain.

''(f) Liaison Officer. - The Secretary may not close,

consolidate, automate, or relocate a field office until

arrangements have been made to maintain for a period of at least 2

years at least one person in the service area to act as a liaison

officer who -

''(1) provides timely information regarding the activities of

the National Weather Service which may affect service to the

community, including modernization and restructuring; and

''(2) works with area weather service users, including persons

associated with general aviation, civil defense, emergency

preparedness, and the news media, with respect to the provision

of timely weather warnings and forecasts.

''SEC. 707. MODERNIZATION TRANSITION COMMITTEE.

''(a) Establishment. - There is established a committee of 12

members to be known as the Modernization Transition Committee.

''(b) Membership and Terms. - (1) The Committee shall consist of

-

''(A) five members representing agencies and departments of the

United States which are responsible for providing or using

weather services, including but not limited to the National

Weather Service, the Department of Defense, the Federal Aviation

Administration, and the Federal Emergency Management Agency; and

''(B) seven members to be appointed by the Secretary from civil

defense and public safety organizations, news media, any labor

organization certified by the Federal Labor Relations Authority

as an exclusive representative of weather service employees,

meteorological experts, and private sector users of weather

information such as pilots and farmers.

''(2) The terms of office of a member of the Committee shall be 3

years; except that, of the original membership, four shall serve a

5-year term, four shall serve a 4-year term, and four shall serve a

3-year term. No individual may serve for more than one additional

3-year term.

''(3) The Secretary shall designate a chairman of the Committee

from among its members.

''(c) Duties. - (1) The Committee may review any proposed

certification under section 706 for which the Secretary has

provided a notice of intent to certify in the Plan, and should

review such a proposed certification if there is a significant

possibility of degradation of service within the affected service

area. Upon the request of the Committee, the Secretary shall make

available to the Committee the supporting documents developed by

the Secretary in connection with the proposed certification. The

Committee may prepare and submit to the Secretary, prior to

publication of the proposed certification, a report which evaluates

the proposed certification on the basis of the modernization

criteria and with respect to the requirement that there be no

degradation of service.

''(2) The Committee shall advise the Congress and the Secretary

on -

''(A) the implementation of the Strategic Plan, annual

development of the Plan, and establishment and implementation of

modernization criteria; and

''(B) matters of public safety and the provision of weather

services which relate to the comprehensive modernization of the

National Weather Service.

''(d) Pay and Travel Expenses. - Members of the Committee who are

not employees of the United States shall each be paid at a rate

equal to the daily equivalent of the rate for GS-18 of the General

Schedule under section 5332 of title 5, United States Code, for

each day (including travel time) during which the member is engaged

in the actual performance of duties vested in the Committee.

Members shall receive travel expenses, including per diem in lieu

of subsistence, as authorized by section 5703 of title 5, United

States Code.

''(e) Staff. - The Secretary shall make available to the

Committee such staff, information, and assistance as it may

reasonably require to carry out its activities.

''(f) Termination. - The Committee shall terminate on December

31, 1999.

''SEC. 708. WEATHER SERVICE REPORT.

''(a) Report. - The Secretary shall prepare a report on the

proposed modernization of the National Weather Service and transmit

the report, not later than 6 months after the date of enactment of

this Act (Oct. 29, 1992), to the Committee on Commerce, Science,

and Transportation of the Senate and the Committee on Science,

Space, and Technology of the House of Representatives.

''(b) Contents. - (1) The report required by subsection (a) shall

identify the size of the geographic area of responsibility of each

proposed Weather Forecast Office and shall include an explanation

of the number and type of personnel required at each Weather

Forecast Office. For each proposed Weather Forecast Office covering

a geographic area greater than two times the average geographic

area of responsibility of Weather Forecast Offices nationwide, the

report shall detail the reasons for assigning those Weather

Forecast Offices a geographic area which differs significantly from

the national average.

''(2) The report shall list the number of next generation weather

radars that will be associated with each Weather Forecast Office

nationwide under the proposed modernization plan. If some Weather

Forecast Offices will be associated with more than one such radar,

the report shall explain the deviation from the National Weather

Service's stated policy of associating one such radar with one

Weather Forecast Office, and shall analyze and compare any

differences in the expected efficiency of those Weather Forecast

Offices with Weather Forecast Offices that will be associated with

only one such radar.

''(c) Consultation. - In preparing portions of the report that

address Weather Forecast Offices located in areas of the Nation

that are uniquely dependent on general aviation as a means of

transportation, the Secretary shall consult with local aviation

groups. In the case of Alaska, such local groups shall include the

Alaska Aviation Safety Foundation, the Alaska Airmen's Association,

and the regional representatives of the Aircraft Owners and Pilots

Association.

''SEC. 709. REPEALS.

''(Amended section 407 of Pub. L. 100-685, set out below, and

repealed section 408 of Pub. L. 100-685, formerly set out below.)''

(References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.)

PURCHASE OF ATMOSPHERIC WIND DATA

Pub. L. 101-595, title III, Sec. 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

Pub. L. 100-685, title IV, Sec. 407, Nov. 17, 1988, 102 Stat.

4098, as amended by Pub. L. 102-567, title VII, Sec. 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

Pub. L. 100-685, title IV, Sec. 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 Pub. 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 Pub. L.

102-567, title VII, Sec. 709(2), Oct. 29, 1992, 106 Stat. 4309.

WEATHER AND CLIMATE INFORMATION IN AGRICULTURE

Pub. L. 99-198, title XVII, Sec. 1762, Dec. 23, 1985, 99 Stat.

1651, provided that:

''(a) Congress finds that -

''(1) agricultural and silvicultural operations are vulnerable

to damage from atmospheric conditions that accurate and timely

reporting of weather information can help prevent;

''(2) the maintenance of current weather and climate analysis

and information dissemination systems, and Federal, State, and

private efforts to improve these systems, is essential if

agriculture and silviculture are to mitigate damage from

atmospheric conditions;

''(3) agricultural and silvicultural weather services at the

Federal level should be maintained with joint planning between

the National Oceanic and Atmospheric Administration and the

Department of Agriculture; and

''(4) efforts should be made, involving user groups, weather

and climate information providers, and Federal and State

governments, to expand the use of weather and climate information

in agriculture and silviculture.

''(b) It, therefore, is declared to be the policy of Congress

that it is in the public interest to maintain an active Federal

involvement in providing agricultural and silvicultural weather and

climate information and that efforts should be made, among users of

this information and among private providers of this information,

to improve use of this information.''

NATIONAL WEATHER SERVICE; CONGRESSIONAL APPROVAL REQUISITE TO SALE,

LEASE, TRANSFER, OR DISMANTLING OF AGENCY

Pub. L. 98-8, title I, Sec. 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, Pub. L. 96-470, title I, Sec. 103(b), 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 (section 5 of Title 41, Public Contracts). 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.''

-CITE-

15 USC Sec. 313a 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 9 - NATIONAL WEATHER SERVICE

-HEAD-

Sec. 313a. Establishment of meteorological observation stations in

the Arctic region

-STATUTE-

In order to improve the weather forecasting service of the United

States and to promote safety and efficiency in civil air navigation

to the highest possible degree, the Secretary of Commerce shall, in

addition to his other functions and duties, take such action as may

be necessary in the development of an international basic

meteorological reporting network in the Arctic region of the

Western Hemisphere, including the establishment, operation, and

maintenance of such reporting stations in cooperation with the

State Department and other United States governmental departments

and agencies, with the meteorological services of foreign countries

and with persons engaged in air commerce.

-SOURCE-

(Feb. 12, 1946, ch. 4, Sec. 1, 60 Stat. 4; 1965 Reorg. Plan No. 2,

Sec. 1, 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318.)

-TRANS-

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. For further

details, see notes set out under section 311 of this title.

-MISC5-

APPROPRIATIONS

Section 2 of act Feb. 12, 1946, authorized appropriation of

necessary funds to carry out provisions of this section.

-CITE-

15 USC Sec. 313b 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE