15 USC 8521 - Weather and climate information in agriculture

Collapse to view only § 8521. Weather and climate information in agriculture

§ 8511. Public safety priority
§ 8512. Weather research and forecasting innovation
§ 8512a. Learning excellence and good examples from new developers
§ 8513. Tornado warning improvement and extension program
§ 8514. Hurricane forecast improvement program
§ 8515. Weather research and development planning
§ 8516. Observing system planning
§ 8517. Observing System Simulation Experiments
§ 8518. Computing resource efficiency improvement and annual report
§ 8519. Authorization of appropriations
§ 8520. United States Weather Research Program
§ 8521. Weather and climate information in agriculture

§ 8511. Public safety priority

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.

(Pub. L. 115–25, title I, § 101, Apr. 18, 2017, 131 Stat. 92.)

§ 8512. Weather research and forecasting innovation

(a) Program

(b) Program elementsThe program described in subsection (a) shall focus on the following activities:

(1) Improving the fundamental understanding of weather consistent with section 8511 of this title, including the boundary layer and other processes affecting high impact weather events.

(2) Improving the understanding of how the public receives, interprets, and responds to warnings and forecasts of high impact weather events that endanger life and property.

(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;

(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.

(5) Advancing weather modeling skill, reclaiming and maintaining international leadership in the area of numerical weather prediction, and improving the transition of research into operations by—

(A) leveraging the weather enterprise to provide expertise on removing barriers to improving numerical weather prediction;

(B) enabling scientists and engineers to effectively collaborate in areas important for improving operational global numerical weather prediction skill, including model development, data assimilation techniques, systems architecture integration, and computational efficiencies;

(C) strengthening the National Oceanic and Atmospheric Administration’s ability to undertake research projects in pursuit of substantial advancements in weather forecast skill;

(D) utilizing and leverage existing resources across the National Oceanic and Atmospheric Administration enterprise; and

(E) creating a community global weather research modeling system that—

(i) is accessible by the public;

(ii) meets basic end-user requirements for running on public computers and networks located outside of secure National Oceanic and Atmospheric Administration information and technology systems; and

(iii) utilizes, whenever appropriate and cost-effective, innovative strategies and methods, including cloud-based computing capabilities, for hosting and management of part or all of the system described in this subsection.

(1) In general

(2) Sense of Congress

(d) Annual report

(Pub. L. 115–25, title I, § 102, Apr. 18, 2017, 131 Stat. 92; Pub. L. 115–423, § 4(a), Jan. 7, 2019, 132 Stat. 5456; Pub. L. 117–263, div. J, title CVI, § 10601(c)(8), Dec. 23, 2022, 136 Stat. 3997.)

§ 8512a. Learning excellence and good examples from new developers

(a) DefinitionsIn this section:

(1) Administration

(2) Administrator

(3) Earth Prediction Innovation Center

(4) ModelThe term “model” means any vetted numerical model and associated data assimilation of the Earth’s system or its components—

(A) developed, in whole or in part, by scientists and engineers employed by the Administration; or

(B) otherwise developed, in whole or in part, using Federal funds.

(5) Open license

(6) Operational model

(7) Suitable model

(b) PurposesThe purposes of this section are—

(1) to support innovation in modeling by allowing interested stakeholders to have easy and complete access to operational model codes and to other models, as the Administrator determines appropriate; and

(2) to use vetted innovations arising from access described in paragraph (1) to improve modeling by the Administration.

(1) In generalThe Administrator shall develop and implement a plan to make available to the public, at no cost and with no restrictions on copying, publishing, distributing, citing, adapting, or otherwise using under an open license, the following:

(A) Operational models developed by the Administration.

(B) Models that are not operational models, including experimental and developmental models, as the Administrator determines appropriate.

(C) Applicable information and documentation for models described in subparagraphs (A) and (B), including a description of intended model outputs.

(D) Subject to subsection (f), all data owned by the Federal Government and data that the Administrator has the legal right to redistribute that are associated with models made available to the public pursuant to the plan and used in operational forecasting by the Administration, including—

(i) relevant metadata; and

(ii) data used for operational models used by the Administration as of December 23, 2022.

(2) AccommodationsIn developing and implementing the plan under paragraph (1), the Administrator may make such accommodations as the Administrator considers appropriate to ensure that the public release of any model, information, documentation, or data pursuant to the plan do 1

1 So in original. Probably should be “does”.

not jeopardize—

(A) national security;

(B) intellectual property or redistribution rights, including under titles 17 and 35;

(D) any models or data that are otherwise restricted by contract or other written agreement; or

(E) the mission of the Administration to protect lives and property.

(3) Priority

(4) Protections for privacy and statistical information

(5) Exclusion of certain models

(6) Platforms

(7) Support program

(8) Omitted

(d) Requirement to review models and leverage innovationsThe Administrator shall—

(1) consistent with the mission of the Earth Prediction Innovation Center, periodically review innovations and improvements made by persons not employed by the Administration as Federal employees to the operational models made available to the public pursuant to the plan under subsection (c)(1) in order to improve the accuracy and timeliness of forecasts of the Administration; and

(2) if the Administrator identifies an innovation for a suitable model, develop and implement a plan to use the innovation to improve the model.

(e) Report on implementation

(1) In generalNot later than 2 years after December 23, 2022, the Administrator shall submit to the appropriate congressional committees a report on the implementation of this section that includes a description of—

(A) the implementation of the plan required by subsection (c);

(B) the process of the Administration under subsection (d)—

(i) for engaging with interested stakeholders to learn what innovations those stakeholders have found;

(ii) for reviewing those innovations; and

(iii) for operationalizing innovations to improve suitable models; and

(C) the use of any Federal financial assistance, including under section 3719 of this title 2 or the Crowdsourcing and Citizen Science Act (15 U.S.C. 3724), in order to facilitate and incentivize the sharing of externally developed improvements for testing, evaluation, validation, and application to further improve the mission of the Administration, and any other Administration priorities.

(2) Appropriate congressional committees definedIn this subsection, the term “appropriate congressional committees” means—

(A) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and

(B) the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives.

(f) Protection of national security interests

(1) In general

(2) Rule of construction

(g) Authorization of appropriations

(Pub. L. 117–263, div. J, title CVI, § 10601, Dec. 23, 2022, 136 Stat. 3995.)

§ 8513. Tornado warning improvement and extension program

(a) In general

(b) Goal

(d) Program plan

(e) Annual budget for plan submittal

(Pub. L. 115–25, title I, § 103, Apr. 18, 2017, 131 Stat. 94; Pub. L. 117–316, § 8, Dec. 27, 2022, 136 Stat. 4412.)

§ 8514. Hurricane forecast improvement program

(a) In general

(b) Goal

The goal of the project maintained under subsection (a) shall be to develop and extend accurate hurricane forecasts and warnings in order to reduce loss of life, injury, and damage to the economy, with a focus on—

(1) improving the prediction of rapid intensification and track of hurricanes;

(2) improving the forecast and communication of storm surges from hurricanes;

(3) incorporating risk communication research to create more effective watch and warning products; and

(4) evaluating and incorporating, as appropriate, innovative observations, including acoustic or infrasonic measurements.

(Pub. L. 115–25, title I, § 104, Apr. 18, 2017, 131 Stat. 94; Pub. L. 117–316, § 9, Dec. 27, 2022, 136 Stat. 4412.)

§ 8515. Weather research and development planning

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—

(1) describes the forecasting skill and technology goals, objectives, and progress of the National Oceanic and Atmospheric Administration in carrying out the program conducted under section 8512 of this title;

(2) identifies and prioritizes specific research and development activities, and performance metrics, weighted to meet the operational weather and flood-event mission of the National Weather Service to achieve a weather-ready Nation;

(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.

(Pub. L. 115–25, title I, § 105, Apr. 18, 2017, 131 Stat. 95; Pub. L. 117–316, § 10, Dec. 27, 2022, 136 Stat. 4413.)

§ 8516. Observing system planning

The Under Secretary shall—

(1) develop and maintain a prioritized list of observation data requirements necessary to ensure weather forecasting capabilities to protect life and property to the maximum extent practicable;

(2) consistent with section 8517 of this title, utilize Observing System Simulation Experiments, Observing System Experiments, Analyses of Alternatives, and other appropriate assessment tools to ensure continuous systemic evaluations of the observing systems, data, and information needed to meet the requirements of paragraph (1), including options to maximize observational capabilities and their cost-effectiveness;

(3) identify current and potential future data gaps in observing capabilities related to the requirements listed under paragraph (1); and

(4) determine a range of options to address gaps identified under paragraph (3).

(Pub. L. 115–25, title I, § 106, Apr. 18, 2017, 131 Stat. 95.)

§ 8517. Observing System Simulation Experiments

(a) In generalIn support of the requirements of section 8516 of this title, the Assistant Administrator for Oceanic and Atmospheric Research shall undertake Observing System Simulation Experiments, or such other quantitative assessments as the Assistant Administrator considers appropriate, to quantitatively assess the relative value and benefits of observing capabilities and systems. Technical and scientific Observing System Simulation Experiment evaluations—

(1) may include assessments of the impact of observing capabilities on—

(A) global weather prediction;

(B) hurricane track and intensity forecasting;

(D) prediction of mid-latitude severe local storm outbreaks; and

(E) prediction of storms that have the potential to cause extreme precipitation and flooding lasting from 6 hours to 1 week; and

(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.

(b) RequirementsObserving System Simulation Experiments shall quantitatively—

(1) determine the potential impact of proposed space-based, suborbital, and in situ observing systems on analyses and forecasts, including potential impacts on extreme weather events across all parts of the Nation;

(2) evaluate and compare observing system design options; and

(3) assess the relative capabilities and costs of various observing systems and combinations of observing systems in providing data necessary to protect life and property.

(1) shall be conducted prior to the acquisition of major Government-owned or Government-leased operational observing systems, including polar-orbiting and geostationary satellite systems, with a lifecycle cost of more than $500,000,000; and

(2) shall be conducted prior to the purchase of any major new commercially provided data with a lifecycle cost of more than $500,000,000.

(d) Priority Observing System Simulation Experiments

(1) Global Navigation Satellite System Radio Occultation

(2) Geostationary hyperspectral sounder global constellation

(e) Results

(Pub. L. 115–25, title I, § 107, Apr. 18, 2017, 131 Stat. 96.)

§ 8518. Computing resource efficiency improvement and annual report

(a) Computing resources

(1) In general

(2) Acquisition

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.

(3) Pilot programs

(A) In general

(B) Program requirements

Any program created under paragraph (3) shall assess only those capabilities and services that—

(i) meet or exceed the standards and requirements of the National Oceanic and Atmospheric Administration, including for processing speed, cybersecurity, and overall reliability; or

(ii) meet or exceed, or are expected to meet or exceed, the performance of similar, in-house information and technology capabilities and services that are owned and operated by the National Oceanic and Atmospheric Administration prior to the establishment of the pilot program.

(b) Reports

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.

(Pub. L. 115–25, title I, § 108, Apr. 18, 2017, 131 Stat. 97; Pub. L. 115–423, § 5(a), Jan. 7, 2019, 132 Stat. 5457.)

§ 8519. Authorization of appropriations

(a) In generalThere are authorized to be appropriated to the Office of Oceanic and Atmospheric Research to carry out this subchapter—

(1) $136,516,000 for fiscal year 2019, of which—

(A) $85,758,000 is authorized for weather laboratories and cooperative institutes;

(B) $30,758,000 is authorized for weather and air chemistry research programs; and

(C) $20,000,000 is authorized for the joint technology transfer initiative described in section 8512(b)(4) of this title;

(2) $148,154,000 for fiscal year 2020, of which—

(A) $87,258,000 is authorized for weather laboratories and cooperative institutes;

(B) $40,896,000 is authorized for weather and air chemistry research programs; and

(C) $20,000,000 is authorized for the joint technology transfer initiative described in section 8512(b)(4) of this title;

(3) $150,154,000 for fiscal year 2021, of which—

(A) $88,758,000 is authorized for weather laboratories and cooperative institutes;

(B) $41,396,000 is authorized for weather and air chemistry research programs; and

(C) $20,000,000 is authorized for the joint technology transfer initiative described in section 8512(b)(4) of this title;

(4) $152,154,000 for fiscal year 2022, of which—

(A) $90,258,000 is authorized for weather laboratories and cooperative institutes;

(B) $41,896,000 is authorized for weather and air chemistry research programs; and

(C) $20,000,000 is authorized for the joint technology transfer initiative described in section 8512(b)(4) of this title; and

(5) $154,154,000 for fiscal year 2023, of which—

(A) $91,758,000 is authorized for weather laboratories and cooperative institutes;

(B) $42,396,000 is authorized for weather and air chemistry research programs; and

(C) $20,000,000 is authorized for the joint technology transfer initiative described in section 8512(b)(4) of this title.

(b) Limitation

(Pub. L. 115–25, title I, § 110, Apr. 18, 2017, 131 Stat. 98; Pub. L. 115–423, § 3(b), Jan. 7, 2019, 132 Stat. 5455.)

§ 8520. United States Weather Research Program

(a) EstablishmentThe 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;

(4) coordinate governmental, university, and private-sector efforts;

(5) 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, not less frequently than once each year, a report, including—

(A) a list of ongoing research projects;

(B) project goals and a point of contact for each project;

(C) the five projects related to weather observations, short-term weather, or subseasonal forecasts within Office of Oceanic and Atmospheric Research that are closest to operationalization;

(D) for each project referred to in subparagraph (C)—

(i) the potential benefit;

(ii) any barrier to operationalization; and

(iii) the plan for operationalization, including which line office will financially support the project and how much the line office intends to spend;

(6) establish teams with staff from the Office of Oceanic and Atmospheric Research and the National Weather Service to oversee the operationalization of research products developed by the Office of Oceanic and Atmospheric 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;

(8) develop an internal mechanism to track the progress of each research project within the Office of Oceanic and Atmospheric Research and mechanisms to terminate a project that is not adequately progressing;

(9) develop and implement a system to track whether extramural research grant goals were accomplished;

(10) provide facilities for products developed by the Office of Oceanic and Atmospheric Research to be tested in operational simulations, such as test beds;

(11) encourage academic collaboration with the Office of Oceanic and Atmospheric Research and the National Weather Service by facilitating visiting scholars; and

(12) carry out the activities of the Earth Prediction Innovation Center as described in section 8512(b)(2) of this title.

(b) Implementation planThe 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.

(Pub. L. 102–567, title I, § 108, Oct. 29, 1992, 106 Stat. 4276; Pub. L. 115–25, title I, § 109, Apr. 18, 2017, 131 Stat. 97; Pub. L. 115–423, § 4(b), Jan. 7, 2019, 132 Stat. 5457.)

§ 8521. Weather and climate information in agriculture

(a) FindingsCongress 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) Policy

(c) FunctionsThe 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

(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.

(d) Communication

(e) CooperationThe 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.

(f) Forecast communication coordinators

(1) In general

(2) RequirementsFor 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.

(3) Limitation

(g) Cooperation from other Federal agencies

(h) Reports

(1) In generalNot 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 the 1

1 So in original. The word “the” probably should not appear.

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) Consultation

(i) DefinitionsIn this section:

(1) Foundational forecast

(2) National Weather Service core partners

(3) Seasonal

(4) State

(5) Subseasonal

(6) Under Secretary

(7) Weather industry and weather enterprise

(j) Authorization of appropriationsThere are authorized to be appropriated to carry out the activities under this section—

(1) $26,500,000 for fiscal year 2019;

(2) $27,000,000 for fiscal year 2020;

(3) $27,500,000 for fiscal year 2021;

(4) $28,000,000 for fiscal year 2022; and

(5) $28,500,000 for fiscal year 2023.

(k) Derivation of funds

(Pub. L. 99–198, title XVII, § 1762, Dec. 23, 1985, 99 Stat. 1651; Pub. L. 115–25, title II, § 201, Apr. 18, 2017, 131 Stat. 98; Pub. L. 115–423, § 3(a), Jan. 7, 2019, 132 Stat. 5455; Pub. L. 117–316, § 11, Dec. 27, 2022, 136 Stat. 4413.)