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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1331 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1331

 To help enhance commerce through improved seasonal forecasts, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2015

 Mr. Thune (for himself and Mr. Schatz) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
 To help enhance commerce through improved seasonal forecasts, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Seasonal Forecasting Improvement 
Act''.

SEC. 2. IMPROVING SEASONAL FORECASTS FOR AGRICULTURE AND COMMERCE.

    Section 1762 of title XVII of Public Law 99-198 (15 U.S.C. 313 
note) is amended--
            (1) in subsection (a), by striking ``(a)'' and inserting 
        ``(a) Findings.--'';
            (2) in subsection (b), by striking ``(b)'' and inserting 
        ``(b) Policy.--''; and
            (3) by adding at the end the following:
    ``(c) Functions.--The Under Secretary, through the National Weather 
Service and other appropriate programs in the National Oceanic and 
Atmospheric Administration, shall--
            ``(1) collect and utilize information in order to make 
        usable, reliable, and timely forecasts of seasonal temperature 
        and precipitation;
            ``(2) leverage existing research and models from the 
        academic sector 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, 
                tornadoes, hurricanes, floods, heatwaves, or other 
                relevant natural disasters;
                    ``(B) snowpack; and
                    ``(C) sea ice conditions;
            ``(4) provide the forecasts under paragraph (1) and the 
        information under paragraphs (1) and (3) on both national and 
        regional levels; and
            ``(5) develop an Internet clearinghouse with the forecasts 
        of seasonal temperature and precipitation and other relevant 
        seasonal forecasts and products produced by the National 
        Oceanic and Atmospheric Administration, other Federal and State 
        departments and agencies, and the academic sector.
    ``(d) Communication.--The Under Secretary shall provide the 
forecasts and the information on their impacts under subsection (c) to 
the public, including public and private entities engaged in planning 
and preparedness, including--
            ``(1) decisionmakers at the Federal, regional, State, 
        tribal, and local levels of government;
            ``(2) the private sector; and
            ``(3) the public.
    ``(e) Cooperation.--The Under Secretary shall build upon existing 
forecasting and assessment programs and partnerships, including--
            ``(1) by designating research and monitoring activities 
        related to seasonal forecasts as a priority in 1 or more 
        Cooperative Institute solicitations;
            ``(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 seasonal forecast needs to enhance national security.
    ``(f) Forecast Communication Coordinators.--
            ``(1) In general.--The Under Secretary shall provide grants 
        to States, including territories, for each State to have a 
        forecast communication coordinator to receive and disseminate 
        the forecasts and information under subsection (c). 
        Applications for grants under this subsection shall be 
        submitted in such form and manner, and contain such 
        information, as the Under Secretary prescribes.
            ``(2) Requirements.--For each State that requests 
        assistance under this subsection, the Under Secretary shall--
                    ``(A) provide funds to support an individual in 
                that State to--
                            ``(i) serve as a liaison among the National 
                        Oceanic and Atmospheric Administration, other 
                        Federal departments and agencies, the academic 
                        sector, the State, and relevant interests 
                        within that State; and
                            ``(ii) receive the forecasts and 
                        information under subsection (c) and 
                        disseminate the forecasts and information 
                        throughout the State, including county and 
                        tribal governments;
                    ``(B) provide 1 grant for the purpose described in 
                paragraph (1); and
                    ``(C) require matching funds from the State, a 
                university, a non-governmental organization, trade 
                association, or the private sector.
            ``(3) Limitation.--Each grant under this subsection shall 
        not exceed $100,000.
    ``(g) Cooperation From Other Federal Agencies.--Each Federal 
department and agency shall cooperate as appropriate with the Under 
Secretary in carrying out this section.
    ``(h) Reports.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of the Seasonal Forecasting Improvement Act, the 
        Under Secretary shall transmit 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 how information from the 
                National Oceanic and Atmospheric Administration on 
                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 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.--In developing the report under 
        paragraph (1), the Under Secretary shall consult with relevant 
        Federal, regional, State, tribal, and local government 
        agencies, research institutions, and the private sector.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $26,500,000 for each of fiscal 
years 2015 through 2020.
    ``(j) Definitions.--In this section:
            ``(1) Seasonal.--The term `seasonal' means the time range 
        between 2 weeks and 2 years.
            ``(2) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Oceans and Atmosphere.''.

SEC. 3. UNITED STATES WEATHER RESEARCH PROGRAM.

    (a) In General.--Section 108 of the Oceanic and Atmospheric 
Administration Authorization Act of 1992 (15 U.S.C. 313 note) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by inserting after paragraph (4) the following:
            ``(5) provide to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science, 
        Space, and Technology of the House of Representatives an annual 
        report, including--
                    ``(A) a list of on-going research projects, 
                including project goals and a point of contact for each 
                project; and
                    ``(B) the 5 projects related to observations, 
                weather, or seasonal-scale forecasts within the Office 
                of Oceanic and Atmospheric Research that are closest to 
                operationalization, including for each project--
                            ``(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 within the 
        National Weather Service;
            ``(7) develop mechanisms for the Office of Oceanic and 
        Atmospheric Research's research priorities to be informed by 
        both the relevant line offices within the National Oceanic and 
        Atmospheric Administration, the relevant user community, and 
        the weather enterprise, including by exchanging detailees 
        between the Office of Oceanic and Atmospheric Research and the 
        line offices;
            ``(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) for extramural research funded, the Office of Oceanic 
        and Atmospheric Research shall develop and implement a system 
        to track whether the grant's 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; and
            ``(11) encourage academic collaboration with the Office of 
        Oceanic and Atmospheric Research and the National Weather 
        Service by facilitating visiting scholars.''; and
            (2) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``Not later than 90 days after the date of 
        enactment of this Act, the'' and inserting ``The''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the National Oceanic and Atmospheric Administration to 
carry out section 108 of the Oceanic and Atmospheric Administration 
Authorization Act of 1992 (15 U.S.C. 313 note), as amended by 
subsection (a) of this section, $10,000,000 for each of fiscal years 
2015 through 2020.

SEC. 4. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SATELLITE 
              DESIGN AND MANAGEMENT.

    (a) Short-Term Management of Environmental Observations.--
            (1) In general.--The Administrator of the National Oceanic 
        and Atmospheric Administration shall take immediate action to 
        manage the expense of environmental observations--
                    (A) by improving the procurement practices of the 
                Administration with respect to polar and geostationary 
                satellites; and
                    (B) by assessing the operational viability of 
                alternate observation platforms, such as microsatellite 
                constellations and ocean observing systems.
            (2) Procurement and acquisition of polar and geostationary 
        satellites.--
                    (A) Use of established competitive processes.--
                            (i) In general.--Except as provided in 
                        clause (ii) and notwithstanding any other 
                        provision of law, the Administrator of the 
                        National Oceanic and Atmospheric Administration 
                        and the Administrator of the National 
                        Aeronautics and Space Administration shall use 
                        the process established under section 3306 of 
                        title 41, United States Code, to acquire all 
                        the polar and geostationary weather satellites 
                        for use by the National Oceanic and Atmospheric 
                        Administration in a program phase via a single 
                        procurement action.
                            (ii) Applicability.--Clause (i) shall apply 
                        to procurement and acquisition occurring in 
                        program phases beginning after the date of 
                        enactment of this Act.
                            (iii) Definition of program phase.--In this 
                        subparagraph, the term ``program phase'' means 
                        the planned acquisition of a series of 
                        satellites sharing a common architecture.
                    (B) Assessment of procurement and acquisition 
                opportunities.--
                            (i) In general.--The Administrator of the 
                        National Oceanic and Atmospheric Administration 
                        shall ensure that in procuring or acquiring 
                        polar and geostationary weather satellites that 
                        the Administrator only procures or acquires 
                        such satellites in a manner that secures the 
                        best value for each polar and geostationary 
                        program of the Administration.
                            (ii) Best value.--In determining whether a 
                        procurement or acquisition secures the best 
                        value for a program, the Administrator shall 
                        consider--
                                    (I) integration with current ground 
                                systems for receiving, processing, and 
                                disseminating data;
                                    (II) integration of spacecraft and 
                                sensing instruments;
                                    (III) capacity to respond to 
                                changes in requirements and credibility 
                                of risk management; and
                                    (IV) continuity and consistency of 
                                capability.
            (3) Microsatellite constellations.--
                    (A) In general.--The Administrator shall complete 
                and operationalize the radio occultation program of 
                record in effect on the day before the date of the 
                enactment of this Act--
                            (i) by deploying constellations of 
                        microsatellites in both the equatorial and 
                        polar orbits;
                            (ii) by integrating the resulting data and 
                        research into all national operational weather 
                        forecast models; and
                            (iii) by ensuring that the resulting data 
                        is free and open to all communities.
                    (B) Annual reports.--Not less frequently than once 
                each year until the Administrator has completed and 
                operationalized the program described in subparagraph 
                (A) pursuant to such subparagraph, the Administrator 
                shall submit to Congress a report on the status of the 
                efforts of the Administrator to carry out such 
                subparagraph.
            (4) Integration of data and research from integrated ocean 
        observing system into operational forecast models.--As soon as 
        practicable, the Administrator shall integrate data and 
        research from the Integrated Ocean Observing System (IOOS) of 
        the Administration into such operational forecast models as the 
        Administrator considers appropriate.
            (5) Limitation on procurement of additional polar orbiting 
        satellites.--
                    (A) In general.--The Administrator may not procure 
                any future program phase of the Joint Polar Satellite 
                System program of record if the aggregate cost for such 
                future program phase that would be incurred by the 
                Administration exceeds the aggregate cost that was 
                incurred by the Administration in procuring the Joint 
                Polar Satellite System 1 and 2.
                    (B) Adjustment for inflation.--In determining 
                aggregate costs under subparagraph (A), the 
                Administrator may adjust the aggregate costs for 
                inflation.
            (6) Specifications for new satellite systems determined by 
        operational needs.--In developing specifications for any 
        satellite systems of the Administration to follow after the 
        Joint Polar Satellite System, Geostationary Operational 
        Environmental Satellites, and any other satellites of the 
        Administration in effect on the day before the date of 
        enactment of this Act, the Administrator shall ensure the 
        specifications are determined to the extent practicable by the 
        recommendations of the reports under subsection (b) of this 
        section and section 6(d).
    (b) Independent Study on Future of National Oceanic and Atmospheric 
Administration Satellite Systems.--
            (1) Agreement.--
                    (A) In general.--The Administrator shall enter into 
                an agreement with the National Academy of Sciences to 
                perform the services covered by this subsection.
                    (B) Timing.--The Administrator shall enter into the 
                agreement described in subparagraph (A) before 
                September 30, 2018.
            (2) Study.--
                    (A) In general.--Under an agreement between the 
                Administrator and the National Academy of Sciences 
                under this subsection, the National Academy of Sciences 
                shall conduct a study on matters concerning the future 
                of the satellite systems of the Administration.
                    (B) Elements.--In conducting the study under 
                subparagraph (A), the National Academy of Sciences 
                shall--
                            (i) review the report of the Weather 
                        Commission described in section 6(d), and the 
                        2017 update to the 2007 report by the National 
                        Research Council entitled ``Earth Science and 
                        Applications From Space'';
                            (ii) develop recommendations on how to make 
                        the satellite portfolio of the Administration 
                        more robust and cost-effective;
                            (iii) assess the costs and benefits of 
                        moving toward a constellation of many small 
                        satellites, standardizing satellite bus design, 
                        relying more on the purchasing of data, or 
                        acquiring data from other sources or methods;
                            (iv) identify the environmental 
                        observations that are essential to the 
                        performance of weather models, based on an 
                        assessment of Federal, academic, and private 
                        sector weather research, and the cost of 
                        obtaining the environmental data;
                            (v) identify environmental observations 
                        that improve the quality of weather forecasts, 
                        but are not essential for the generation of 
                        weather models in effect on the day before the 
                        date of enactment of this Act; and
                            (vi) develop recommendations on a portfolio 
                        of environmental observations that balances 
                        essential and quality-improving data, private 
                        and nonprivate sources, and space- and Earth-
                        based instruments.
                    (C) Deadline and report.--In carrying out the study 
                under subparagraph (A), the National Academy of 
                Sciences shall complete and transmit to the 
                Administrator a report containing the findings of the 
                National Academy of Sciences with respect to the study 
                not later than 2 years after the date on which the 
                Administrator enters into an agreement with the 
                National Academy of Sciences under paragraph (1)(A).
                    (D) Coordination of efforts.--In order to avoid 
                duplication, the National Academy of Sciences may 
                coordinate its efforts to draft the report under 
                subparagraph (C) with the preparation of the 2017 study 
                entitled ``Earth Science and Applications from Space''.
            (3) Alternate contract organization.--
                    (A) In general.--If the Administrator is unable 
                before the date prescribed in paragraph (1)(B) to enter 
                into an agreement described in paragraph (1)(A) with 
                the National Academy of Sciences on terms acceptable to 
                the Administrator, the Administrator shall seek to 
                enter into such an agreement with another appropriate 
                organization that--
                            (i) is not part of the Government;
                            (ii) operates as a not-for-profit entity; 
                        and
                            (iii) has expertise and objectivity 
                        comparable to that of the National Academy of 
                        Sciences.
                    (B) Treatment.--If the Administrator enters into an 
                agreement with another organization as described in 
                subparagraph (A), any reference in this section to the 
                National Academy of Sciences shall be treated as a 
                reference to the other organization.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to the National Oceanic and Atmospheric 
        Administration to carry out this subsection $1,000,000 for the 
        period of fiscal years 2017 through 2019.

SEC. 5. DESIGNATION OF FEDERAL COORDINATOR FOR METEOROLOGY.

    The Director of the Office of Science and Technology Policy shall 
designate a Federal Coordinator for Meteorology.

SEC. 6. ESTABLISHMENT OF WEATHER COMMISSION.

    (a) Establishment.--
            (1) In general.--The Federal Coordinator for Meteorology, 
        designated under section 5, shall establish, and the 
        Administrator of the National Oceanic and Atmospheric 
        Administration acting through the United States Weather 
        Research Program of the Administration shall support, a 
        commission--
                    (A) to assess the weather forecasts and forecast 
                products provided by the National Oceanic and 
                Atmospheric Administration; and
                    (B) to provide advice to Congress on matters 
                relating to the highest priority weather forecast needs 
                of the community of users of the forecasts and products 
                described in subparagraph (A).
            (2) Designation.--The commission established under 
        paragraph (1) shall be known as the ``Weather Commission'' (in 
        this section referred to as the ``Commission'').
    (b) Membership.--
            (1) Composition.--
                    (A) In general.--The Commission shall be composed 
                of individuals selected by the Federal Coordinator from 
                among leading experts and innovators from each relevant 
                stakeholder group described in clauses (i) through 
                (vii) of subparagraph (B).
                    (B) Number.--The Commission shall be composed of no 
                fewer than 14 members, including--
                            (i) 2 representatives from State emergency 
                        management agencies;
                            (ii) 2 representatives from State 
                        agriculture agencies;
                            (iii) 1 representative from the Native 
                        American, Alaskan Native, or Native Hawaiian 
                        community;
                            (iv) 2 representatives from the private 
                        aerospace industry;
                            (v) 2 representatives from the operational 
                        forecasting community;
                            (vi) 2 representatives from the academic 
                        community;
                            (vii) 1 representative from a professional 
                        society that focuses on meteorology;
                            (viii) the chair of the Science Advisory 
                        Board of the National Oceanic and Atmospheric 
                        Administration;
                            (ix) the chair of the National Science 
                        Board;
                            (x) the Director of the Office of Science 
                        and Technology Policy, ex officio; and
                            (xi) the Administrator of the National 
                        Oceanic and Atmospheric Administration, ex 
                        officio.
            (2) Co-chair.--The Director of the Office of Science and 
        Technology Policy and the Administrator of the National Oceanic 
        and Atmospheric Administration shall serve as co-chairs of the 
        Commission.
    (c) Duties.--The duties of the Commission are as follows:
            (1) To assess the weather forecasts and forecast products 
        of the Administration as described in subsection (a).
            (2) To provide advice to Congress as described in 
        subsection (a).
            (3) To obtain public comment on the weather forecasts and 
        products of the Administration that the Administrator 
        determines are the highest priority for users of such forecasts 
        and products.
    (d) Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Commission shall submit to Congress 
        and make available to the public on an Internet website a 
        report on matters relating to the activities of the Commission.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include the following:
                    (A) The findings of the Commission with respect to 
                the review conducted under paragraph (3) of subsection 
                (c).
                    (B) The findings of the Commission with respect to 
                the public comments obtained under paragraph (4) of 
                such subsection.
                    (C) The recommendations developed under paragraph 
                (5) of such subsection.
    (e) Exemption From FACA.--The Commission shall not be subject to 
the requirements of the Federal Advisory Committee Act (5 U.S.C. App.).
    (f) Termination.--The Commission shall terminate on the date that 
is 4 years after the date of enactment of this Act.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the National Oceanic and Atmospheric Administration to 
carry out this section $1,000,000 for the period of fiscal years 2015 
through 2019.
                                 <all>
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