CHAPTER 9 —NATIONAL WEATHER SERVICE
§311. Omitted
Editorial Notes
Codification
Section, act Oct. 1, 1890, ch. 1266, §1,
Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627,
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, §8, eff. June 30, 1940, 5 F.R. 2421,
Statutory Notes and Related Subsidiaries
Short Title of 2014 Amendment
Short Title of 2006 Amendment
Short Title of 2002 Amendment
Weather Modification Program
Act Aug. 13, 1953, ch. 426,
Executive Documents
REORGANIZATION PLAN NO. 2 OF 1965
Eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318 , as amended Pub. L. 90–83, §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,
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 [
(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
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 (
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 (
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.
§312. Employees
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.
(Oct. 1, 1890, ch. 1266, §4,
Statutory Notes and Related Subsidiaries
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."
Executive Documents
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,
§313. Duties of Secretary of Commerce
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.
(Oct. 1, 1890, ch. 1266, §3,
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
Conduct of Weather Reconnaissance in the United States
"(a)
"(1)
"(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)
"(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.
"(b)
"(1)
"(A)
"(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)
"(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)
"(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)
Use of Funds for Hurricane Reconnaissance Program
Similar provisions were contained in the following prior appropriation acts:
Hurricane Reconnaissance Program
"(a)
"(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)
"(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)
"(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
Weather Service Modernization
"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 (
"SEC. 703. NATIONAL IMPLEMENTATION PLAN.
"(a)
"(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)
"(c)
"SEC. 704. MODERNIZATION CRITERIA.
"(a)
"(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)
"(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)
"(b)
"(c)
"SEC. 706. RESTRUCTURING FIELD OFFICES.
"
"(b)
"(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)
"(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)
"(e)
"(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)
"(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)
"(b)
"(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)
"(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)
"(e)
"(f)
"SEC. 708. WEATHER SERVICE REPORT.
"(a)
"(b)
"(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)
"SEC. 709. REPEALS.
"[Amended section 407 of
[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, §101(c)(1)] of
Purchase of Atmospheric Wind Data
"(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
Degradation-of-Weather-Services Standard for Providing Services
Weather and Climate Information in Agriculture
National Weather Service; Congressional Approval Requisite To Sale, Lease, Transfer, or Dismantling of Agency
"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,
"
"
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,
§313a. Establishment of meteorological observation stations in the Arctic region
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.
(Feb. 12, 1946, ch. 4, §1,
Statutory Notes and Related Subsidiaries
Appropriations
Section 2 of act Feb. 12, 1946, authorized appropriation of necessary funds to carry out provisions of this section.
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,
§313b. Institute for Aviation Weather Prediction
The Administrator of the National Oceanic and Atmospheric Administration shall establish an Institute for Aviation Weather Prediction. The Institute shall provide forecasts, weather warnings, and other weather services to the United States aviation community. The Institute shall expand upon the activities of the aviation unit currently at the National Severe Storms Forecast Center in Kansas City, Missouri, and shall be established in the Kansas City 1 Missouri 1 area. The Administrator of the National Oceanic and Atmospheric Administration shall provide a full and fair opportunity for employees at the National Severe Storms Center to assume comparable duties and responsibilities within the Institute.
(
Statutory Notes and Related Subsidiaries
Similar Provisions
Similar provisions were contained in
1 So in original. Probably should be followed by a comma.
§313c. Authorized activities of the National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration, through the United States Weather Research Program, shall—
(1) improve the capability to accurately forecast inland flooding (including inland flooding influenced by coastal and ocean storms) through research and modeling;
(2) develop, test, and deploy a new flood warning index that will give the public and emergency management officials fuller, clearer, and more accurate information about the risks and dangers posed by expected floods;
(3) train emergency management officials, National Weather Service personnel, meteorologists, and others as appropriate regarding improved forecasting techniques for inland flooding, risk management techniques, and use of the inland flood warning index developed under paragraph (2);
(4) conduct outreach and education activities for local meteorologists and the public regarding the dangers and risks associated with inland flooding and the use and understanding of the inland flood warning index developed under paragraph (2); and
(5) assess, through research and analysis of previous trends, among other activities—
(A) the long-term trends in frequency and severity of inland flooding; and
(B) how shifts in climate, development, and erosion patterns might make certain regions vulnerable to more continual or escalating flood damage in the future.
(
Statutory Notes and Related Subsidiaries
Authorization of Appropriations
Report
§313d. NIDIS program
(a) In general
The Under Secretary, through the National Weather Service and other appropriate weather and climate programs in the National Oceanic and Atmospheric Administration, shall establish a National Integrated Drought Information System to better inform and provide for more timely decisionmaking to reduce drought related impacts and costs.
(b) System functions
The National Integrated Drought Information System shall—
(1) provide an effective drought early warning system that—
(A) collects and integrates information on the key indicators of drought and drought impacts, including precipitation, soil moisture, and evaporative demand, in order to make usable, reliable, and timely forecasts of drought and assessments of the severity of drought conditions and impacts; and
(B) provides such information, forecasts, and assessments on both national and regional levels;
(2) communicate drought forecasts, drought conditions, and drought impacts on an ongoing basis to public and private entities engaged in drought planning and preparedness, including—
(A) decisionmakers at the Federal, regional, State, tribal, and local levels of government;
(B) the private sector; and
(C) the public;
(3) provide timely data, information, and products that reflect local, regional, watershed, and State differences in drought conditions;
(4) coordinate, and integrate, through interagency agreements as practicable, Federal research and monitoring in support of a drought early warning information system;
(5) utilize existing forecasting and assessment programs and partnerships, including forecast communication coordinators and cooperative institutes, and improvements in seasonal precipitation and temperature, subseasonal precipitation and temperature, and low flow water prediction; and
(6) continue ongoing research and monitoring activities related to drought, including research activities relating to the prediction, length, severity, and impacts of drought and the role of extreme weather events and climate variability in drought.
(c) Partnerships
The National Integrated Drought Information System may—
(1) engage with the private sector to improve drought monitoring, forecast, and communication if the Under Secretary determines the partnership is appropriate, cost-effective, and beneficial to the public and decisionmakers described in subsection (b)(2)(A);
(2) facilitate the development of 1 or more academic cooperative partnerships to assist with National Integrated Drought Information System functions; and
(3) utilize and support, as appropriate, monitoring by citizen scientists, including by developing best practices to facilitate maximum data integration.
(d) Consultation
The Under Secretary shall consult with relevant Federal, regional, State, tribal, and local government agencies, research institutions, and the private sector in the development and sustainment of the National Integrated Drought Information System.
(e) Cooperation from other Federal agencies
Each Federal agency shall cooperate as appropriate with the Under Secretary in carrying out this section.
(f) Soil moisture
Not later than 1 year after January 7, 2019, the Under Secretary, acting through the National Integrated Drought Information System, shall develop a strategy for a national coordinated soil moisture monitoring network.
(
Editorial Notes
References in Text
This section, referred to in subsec. (e), was in the original "this Act", meaning
Amendments
2019—Subsec. (b)(1)(A).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
2014—Subsec. (a).
Subsec. (b).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Authorization of Appropriations
"(1) $13,500,000 for fiscal year 2019;
"(2) $13,750,000 for fiscal year 2020;
"(3) $14,000,000 for fiscal year 2021;
"(4) $14,250,000 for fiscal year 2022; and
"(5) $14,500,000 for fiscal year 2023."
Definitions
"(1)
"(A) that leads to a deficiency in surface or subsurface water supplies (including rivers, streams, wetlands, ground water, soil moisture, reservoir supplies, lake levels, and snow pack); and
"(B) that causes or may cause—
"(i) substantial economic or social impacts; or
"(ii) substantial physical damage or injury to individuals, property, or the environment.
"(2)
§314. Omitted
Editorial Notes
Codification
Section, act Aug. 8, 1894, ch. 238,
§315. Changes or assignment to duty
The Secretary of Commerce is authorized to make such changes or assignment to duty in the personnel or detailed force of the National Weather Service for limiting or reducing expenses as he may deem necessary.
(Mar. 2, 1895, ch. 169,
Executive Documents
Transfer of Functions
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,
§316. Omitted
Editorial Notes
Codification
Section, act Mar. 4, 1913, ch. 145, §1 [part],
§317. Appropriations and estimates
The appropriations for the support of the National Weather Service shall be made with those of the other bureaus of the Department of Commerce, and it shall be the duty of the Secretary of Commerce to prepare future estimates for the National Weather Service which shall be specially developed and extended in the interests of agriculture.
(Oct. 1, 1890, ch. 1266, §9,
Editorial Notes
Codification
Section is based on section 9 (less 1st 35 words) of act Oct. 1890. Remainder of such section 9 was classified to section 215 of former title 10, and was repealed by act Aug. 10, 1956, ch. 1041,
Executive Documents
Transfer of Functions
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,
Reorg. Plan No. IV of 1940 transferred Weather Bureau from Department of Agriculture to Department of Commerce.
§318. Weather signals on mail cars
The Secretary of Commerce, in cooperation with the United States Postal Service, may arrange a plan by which there shall be displayed on all cars and other conveyances used for transporting United States mail suitable flags or other signals to indicate weather forecasts, cold-wave warnings, frost warnings, and so forth, to be furnished by the Secretary.
(Apr. 25, 1896, ch. 140,
Statutory Notes and Related Subsidiaries
Transfer of Functions
"United States Postal Service" substituted in text for "Postmaster General" pursuant to
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,
§319. Omitted
Editorial Notes
Codification
Section, act June 3, 1948, ch. 400, title III,
§320. Repealed. Oct. 31, 1951, ch. 654, §1(34), 65 Stat. 702
Section, act Mar. 4, 1907, ch. 2907,
§321. Repealed. Oct. 25, 1951, ch. 562, §1(15), 65 Stat. 638
Section, act May 25, 1900, ch. 555,
§322. Odd jobs for part-time employees
National Weather Service part-time employees, appointed by designation or otherwise under regulations of the Director of the Office of Personnel Management for observational work, may perform odd jobs in the installation, repair, improvement, alteration, cleaning, or removal of Government property and receive compensation therefor under regulations to be prescribed by the Secretary of Commerce.
(July 1, 1943, ch. 182, title III,
Statutory Notes and Related Subsidiaries
Similar Provisions
Section is from the Departments of State, Justice, and Commerce Appropriation Act, 1944. Similar provisions were contained in the following appropriation acts:
July 2, 1942, ch. 472, title III,
June 28, 1941, ch. 258, title II,
June 25, 1940, ch. 421,
June 30, 1939, ch. 253, title I,
June 16, 1938, ch. 464, title I,
June 29, 1937, ch. 404,
Executive Documents
Transfer of Functions
"Director of the Office of Personnel Management" substituted in text for "Civil Service Commission" pursuant to Reorg. Plan No. 2 of 1978, set out under
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,
§323. Repealed. July 25, 1947, ch. 327, §1, 61 Stat. 449
Section, act Oct. 29, 1942, ch. 632,
§324. Omitted
Editorial Notes
Codification
Section, act June 3, 1948, ch. 400, title III,
Statutory Notes and Related Subsidiaries
Similar Provisions
Similar provisions were contained in the following appropriation acts:
July 9, 1947, ch. 211, title III,
July 5, 1946, ch. 541, title III,
May 21, 1945, ch. 129, title III,
June 28, 1944, ch. 294, title III,
July 1, 1943, ch. 182, title III,
§325. Authority for certain functions and activities
Appropriations now or hereafter provided for the National Weather Service shall be available for (a) furnishing food and shelter, without repayment therefor, to employees of the Government assigned to Arctic stations; (b) equipment and maintenance of meteorological offices and stations, and maintenance and operation of meteorological facilities outside the United States by contract or otherwise; (c) repairing, altering, and improving of buildings occupied by the National Weather Service, and care and preservation of grounds, including the construction of necessary outbuildings and sidewalks on public streets abutting National Weather Service grounds; (d) arranging for communication services at rates to be fixed by the Secretary of Commerce by agreement with the companies performing the services when determined to be advantageous to the Government; and (e) purchasing tabulating cards and continuous form tabulating paper.
(June 2, 1948, ch. 373, §1,
Statutory Notes and Related Subsidiaries
Cooperative Weather Observer Program
"(1) provide distinctive insignia or paraphernalia to Cooperative Weather Observers; and
"(2) make awards of nominal value to recognize continued participation in the program by observers or to recognize outstanding achievements by such observers or groups of observers without regard to any law restricting expenditures for such purposes to Federal employees."
Executive Documents
Transfer of Functions
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,
§326. Maintenance of printing office in Washington, D.C.
When so specified in appropriation Acts, the National Weather Service is authorized to maintain a printing office in the city of Washington for the printing of weather maps, bulletins, circulars, forms, and other publications: Provided, That no printing shall be done by the National Weather Service which could be done at the Government Publishing Office without impairing the service of said Service.
(June 2, 1948, ch. 373, §2,
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in text on authority of section 1301(b) of
Executive Documents
Transfer of Functions
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,
§327. Employees for conduct of meteorological investigations in Arctic region; appointment and compensation; extra compensation to other Government employees for taking observations
The Secretary of Commerce is authorized to (a) appoint employees for the conduct of meteorological investigations in the Arctic region without regard to the civil service laws and fix their compensation without regard to
(June 2, 1948, ch. 373, §3,
Editorial Notes
Codification
In this section, "
Amendments
1964—
1960—
Statutory Notes and Related Subsidiaries
Effective Date of 1964 Amendment
Amendment by
§328. Transfer from other Government Departments of surplus equipment and supplies for Arctic stations
Subject to approval of the President, and without charge to the National Weather Service, the Secretary of the Army, the Secretary of the Air Force, and the Secretary of the Navy are authorized to transfer to the National Weather Service equipment and supplies which are surplus to the needs of their respective Departments and necessary for the establishment, maintenance, and operation of Arctic weather stations.
(June 2, 1948, ch. 373, §4,
Executive Documents
Transfer of Functions
Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President by section 101 of Reorg. Plan No. 2, of 1970, eff. July 1, 1970, 35 F.R. 7959,
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,
§329. Omitted
Editorial Notes
Codification
Section,