II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Seasonal Forecasting 

5 Improvement Act’’. 

6 SEC. 2. IMPROVING SEASONAL FORECASTS FOR AGRI7 CULTURE AND COMMERCE. 

8 Section 1762 of title XVII of Public Law 99–198 (15 

9 U.S.C. 313 note) is amended— 


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1 (1) in subsection (a), by striking ‘‘(a)’’ and in2 serting ‘‘(a) FINDINGS.—’’; 

3 (2) in subsection (b), by striking ‘‘(b)’’ and in4 serting ‘‘(b) POLICY.—’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(c) FUNCTIONS.—The Under Secretary, through the 

7 National Weather Service and other appropriate programs 

8 in the National Oceanic and Atmospheric Administration, 

9 shall— 

10 ‘‘(1) collect and utilize information in order to 

11 make usable, reliable, and timely forecasts of sea12 sonal temperature and precipitation; 

13 ‘‘(2) leverage existing research and models from 

14 the academic sector to improve the forecasts under 

15 paragraph (1); 

16 ‘‘(3) determine and provide information on how 

17 the forecasted conditions under paragraph (1) may 

18 impact— 

19 ‘‘(A) the number and severity of droughts, 

20 tornadoes, hurricanes, floods, heatwaves, or 

21 other relevant natural disasters; 

22 ‘‘(B) snowpack; and 

23 ‘‘(C) sea ice conditions; 


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1 ‘‘(4) provide the forecasts under paragraph (1) 

2 and the information under paragraphs (1) and (3) 

3 on both national and regional levels; and 

4 ‘‘(5) develop an Internet clearinghouse with the 

5 forecasts of seasonal temperature and precipitation 

6 and other relevant seasonal forecasts and products 

7 produced by the National Oceanic and Atmospheric 

8 Administration, other Federal and State depart9 ments and agencies, and the academic sector. 

10 ‘‘(d) COMMUNICATION.—The Under Secretary shall 

11 provide the forecasts and the information on their impacts 

12 under subsection (c) to the public, including public and 

13 private entities engaged in planning and preparedness, in14 cluding— 

15 ‘‘(1) decisionmakers at the Federal, regional, 

16 State, tribal, and local levels of government; 

17 ‘‘(2) the private sector; and 

18 ‘‘(3) the public. 

19 ‘‘(e) COOPERATION.—The Under Secretary shall 

20 build upon existing forecasting and assessment programs 

21 and partnerships, including— 

22 ‘‘(1) by designating research and monitoring ac23 tivities related to seasonal forecasts as a priority in 

24 1 or more Cooperative Institute solicitations; 


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1 ‘‘(2) by contributing to the interagency Earth 

2 System Prediction Capability; and 

3 ‘‘(3) by consulting with the Secretary of De4 fense and the Secretary of Homeland Security to de5 termine the highest priority seasonal forecast needs 

6 to enhance national security. 

7 ‘‘(f) FORECAST COMMUNICATION COORDINATORS.— 

8 ‘‘(1) IN GENERAL.—The Under Secretary shall 

9 provide grants to States, including territories, for 

10 each State to have a forecast communication coordi11 nator to receive and disseminate the forecasts and 

12 information under subsection (c). Applications for 

13 grants under this subsection shall be submitted in 

14 such form and manner, and contain such informa15 tion, as the Under Secretary prescribes. 

16 ‘‘(2) REQUIREMENTS.—For each State that re17 quests assistance under this subsection, the Under 

18 Secretary shall— 

19 ‘‘(A) provide funds to support an indi20 vidual in that State to— 

21 ‘‘(i) serve as a liaison among the Na22 tional Oceanic and Atmospheric Adminis23 tration, other Federal departments and 

24 agencies, the academic sector, the State, 


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1 and relevant interests within that State; 

2 and 

3 ‘‘(ii) receive the forecasts and infor4 mation under subsection (c) and dissemi5 nate the forecasts and information 

6 throughout the State, including county and 

7 tribal governments; 

8 ‘‘(B) provide 1 grant for the purpose de9 scribed in paragraph (1); and 

10 ‘‘(C) require matching funds from the 

11 State, a university, a non-governmental organi12 zation, trade association, or the private sector. 

13 ‘‘(3) LIMITATION.—Each grant under this sub14 section shall not exceed $100,000. 

15 ‘‘(g) COOPERATION FROM OTHER FEDERAL AGEN16 CIES.—Each Federal department and agency shall cooper17 ate as appropriate with the Under Secretary in carrying 

18 out this section. 

19 ‘‘(h) REPORTS.— 

20 ‘‘(1) IN GENERAL.—Not later than 18 months 

21 after the date of enactment of the Seasonal Fore22 casting Improvement Act, the Under Secretary shall 

23 transmit to the Committee on Commerce, Science, 

24 and Transportation of the Senate and the ComVerDate Sep 11 2014 02:38 May 16, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1331.IS S1331

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1 mittee on Science, Space, and Technology of the 

2 House of Representatives a report, including— 

3 ‘‘(A) an analysis of the how information 

4 from the National Oceanic and Atmospheric 

5 Administration on seasonal forecasts, as pro6 vided under subsection (c), is utilized in public 

7 planning and preparedness; 

8 ‘‘(B) specific plans and goals for the con9 tinued development of the seasonal forecasts 

10 and related products described in subsection 

11 (c); and 

12 ‘‘(C) an identification of research, moni13 toring, observing, and forecasting requirements 

14 to meet the goals described in subparagraph 

15 (B). 

16 ‘‘(2) CONSULTATION.—In developing the report 

17 under paragraph (1), the Under Secretary shall con18 sult with relevant Federal, regional, State, tribal, 

19 and local government agencies, research institutions, 

20 and the private sector. 

21 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $26,500,000 for each of fiscal years 2015 through 2020. 

24 ‘‘(j) DEFINITIONS.—In this section: 


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1 ‘‘(1) SEASONAL.—The term ‘seasonal’ means 

2 the time range between 2 weeks and 2 years. 

3 ‘‘(2) UNDER SECRETARY.—The term ‘Under 

4 Secretary’ means the Under Secretary of Commerce 

5 for Oceans and Atmosphere.’’. 

6 SEC. 3. UNITED STATES WEATHER RESEARCH PROGRAM. 

7 (a) IN GENERAL.—Section 108 of the Oceanic and 

8 Atmospheric Administration Authorization Act of 1992 

9 (15 U.S.C. 313 note) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (3), by striking ‘‘; and’’ 

12 and inserting a semicolon; 

13 (B) in paragraph (4), by striking the pe14 riod at the end and inserting a semicolon; and 

15 (C) by inserting after paragraph (4) the 

16 following: 

17 ‘‘(5) provide to the Committee on Commerce, 

18 Science, and Transportation of the Senate and the 

19 Committee on Science, Space, and Technology of the 

20 House of Representatives an annual report, includ21 ing— 

22 ‘‘(A) a list of on-going research projects, 

23 including project goals and a point of contact 

24 for each project; and 


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1 ‘‘(B) the 5 projects related to observations, 

2 weather, or seasonal-scale forecasts within the 

3 Office of Oceanic and Atmospheric Research 

4 that are closest to operationalization, including 

5 for each project— 

6 ‘‘(i) the potential benefit; 

7 ‘‘(ii) any barrier to operationalization; 

8 and 

9 ‘‘(iii) the plan for operationalization, 

10 including which line office will financially 

11 support the project and how much the line 

12 office intends to spend; 

13 ‘‘(6) establish teams with staff from the Office 

14 of Oceanic and Atmospheric Research and the Na15 tional Weather Service to oversee the 

16 operationalization of research products developed by 

17 the Office of Oceanic and Atmospheric Research 

18 within the National Weather Service; 

19 ‘‘(7) develop mechanisms for the Office of Oce20 anic and Atmospheric Research’s research priorities 

21 to be informed by both the relevant line offices with22 in the National Oceanic and Atmospheric Adminis23 tration, the relevant user community, and the weath24 er enterprise, including by exchanging detailees beVerDate Sep 11 2014 02:38 May 16, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1331.IS S1331

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1 tween the Office of Oceanic and Atmospheric Re2 search and the line offices; 

3 ‘‘(8) develop an internal mechanism to track 

4 the progress of each research project within the Of5 fice of Oceanic and Atmospheric Research and 

6 mechanisms to terminate a project that is not ade7 quately progressing; 

8 ‘‘(9) for extramural research funded, the Office 

9 of Oceanic and Atmospheric Research shall develop 

10 and implement a system to track whether the 

11 grant’s goals were accomplished; 

12 ‘‘(10) provide facilities for products developed 

13 by the Office of Oceanic and Atmospheric Research 

14 to be tested in operational simulations, such as test 

15 beds; and 

16 ‘‘(11) encourage academic collaboration with 

17 the Office of Oceanic and Atmospheric Research and 

18 the National Weather Service by facilitating visiting 

19 scholars.’’; and 

20 (2) in subsection (b), in the matter preceding 

21 paragraph (1), by striking ‘‘Not later than 90 days 

22 after the date of enactment of this Act, the’’ and in23 serting ‘‘The’’. 

24 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to the National Oceanic and 


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1 Atmospheric Administration to carry out section 108 of 

2 the Oceanic and Atmospheric Administration Authoriza3 tion Act of 1992 (15 U.S.C. 313 note), as amended by 

4 subsection (a) of this section, $10,000,000 for each of fis5 cal years 2015 through 2020. 

6 SEC. 4. NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS7 TRATION SATELLITE DESIGN AND MANAGE8 MENT. 

9 (a) SHORT-TERM MANAGEMENT OF ENVIRON10 MENTAL OBSERVATIONS.— 

11 (1) IN GENERAL.—The Administrator of the 

12 National Oceanic and Atmospheric Administration 

13 shall take immediate action to manage the expense 

14 of environmental observations— 

15 (A) by improving the procurement prac16 tices of the Administration with respect to polar 

17 and geostationary satellites; and 

18 (B) by assessing the operational viability of 

19 alternate observation platforms, such as micro20 satellite constellations and ocean observing sys21 tems. 

22 (2) PROCUREMENT AND ACQUISITION OF POLAR

23 AND GEOSTATIONARY SATELLITES.— 

24 (A) USE OF ESTABLISHED COMPETITIVE

25 PROCESSES.— 


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1 (i) IN GENERAL.—Except as provided 

2 in clause (ii) and notwithstanding any 

3 other provision of law, the Administrator 

4 of the National Oceanic and Atmospheric 

5 Administration and the Administrator of 

6 the National Aeronautics and Space Ad7 ministration shall use the process estab8 lished under section 3306 of title 41, 

9 United States Code, to acquire all the 

10 polar and geostationary weather satellites 

11 for use by the National Oceanic and At12 mospheric Administration in a program 

13 phase via a single procurement action. 

14 (ii) APPLICABILITY.—Clause (i) shall 

15 apply to procurement and acquisition oc16 curring in program phases beginning after 

17 the date of enactment of this Act. 

18 (iii) DEFINITION OF PROGRAM

19 PHASE.—In this subparagraph, the term 

20 ‘‘program phase’’ means the planned ac21 quisition of a series of satellites sharing a 

22 common architecture. 

23 (B) ASSESSMENT OF PROCUREMENT AND

24 ACQUISITION OPPORTUNITIES.— 


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1 (i) IN GENERAL.—The Administrator 

2 of the National Oceanic and Atmospheric 

3 Administration shall ensure that in pro4 curing or acquiring polar and geo5 stationary weather satellites that the Ad6 ministrator only procures or acquires such 

7 satellites in a manner that secures the best 

8 value for each polar and geostationary pro9 gram of the Administration. 

10 (ii) BEST VALUE.—In determining 

11 whether a procurement or acquisition se12 cures the best value for a program, the Ad13 ministrator shall consider— 

14 (I) integration with current 

15 ground systems for receiving, proc16 essing, and disseminating data; 

17 (II) integration of spacecraft and 

18 sensing instruments; 

19 (III) capacity to respond to 

20 changes in requirements and credi21 bility of risk management; and 

22 (IV) continuity and consistency 

23 of capability. 

24 (3) MICROSATELLITE CONSTELLATIONS.— 


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1 (A) IN GENERAL.—The Administrator 

2 shall complete and operationalize the radio oc3 cultation program of record in effect on the day 

4 before the date of the enactment of this Act— 

5 (i) by deploying constellations of 

6 microsatellites in both the equatorial and 

7 polar orbits; 

8 (ii) by integrating the resulting data 

9 and research into all national operational 

10 weather forecast models; and 

11 (iii) by ensuring that the resulting 

12 data is free and open to all communities. 

13 (B) ANNUAL REPORTS.—Not less fre14 quently than once each year until the Adminis15 trator has completed and operationalized the 

16 program described in subparagraph (A) pursu17 ant to such subparagraph, the Administrator 

18 shall submit to Congress a report on the status 

19 of the efforts of the Administrator to carry out 

20 such subparagraph. 

21 (4) INTEGRATION OF DATA AND RESEARCH

22 FROM INTEGRATED OCEAN OBSERVING SYSTEM INTO

23 OPERATIONAL FORECAST MODELS.—As soon as 

24 practicable, the Administrator shall integrate data 

25 and research from the Integrated Ocean Observing 


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1 System (IOOS) of the Administration into such 

2 operational forecast models as the Administrator 

3 considers appropriate. 

4 (5) LIMITATION ON PROCUREMENT OF ADDI5 TIONAL POLAR ORBITING SATELLITES.— 

6 (A) IN GENERAL.—The Administrator may 

7 not procure any future program phase of the 

8 Joint Polar Satellite System program of record 

9 if the aggregate cost for such future program 

10 phase that would be incurred by the Adminis11 tration exceeds the aggregate cost that was in12 curred by the Administration in procuring the 

13 Joint Polar Satellite System 1 and 2. 

14 (B) ADJUSTMENT FOR INFLATION.—In de15 termining aggregate costs under subparagraph 

16 (A), the Administrator may adjust the aggre17 gate costs for inflation. 

18 (6) SPECIFICATIONS FOR NEW SATELLITE SYS19 TEMS DETERMINED BY OPERATIONAL NEEDS.—In 

20 developing specifications for any satellite systems of 

21 the Administration to follow after the Joint Polar 

22 Satellite System, Geostationary Operational Envi23 ronmental Satellites, and any other satellites of the 

24 Administration in effect on the day before the date 

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1 sure the specifications are determined to the extent 

2 practicable by the recommendations of the reports 

3 under subsection (b) of this section and section 6(d). 

4 (b) INDEPENDENT STUDY ON FUTURE OF NATIONAL

5 OCEANIC AND ATMOSPHERIC ADMINISTRATION SAT6 ELLITE SYSTEMS.— 

7 (1) AGREEMENT.— 

8 (A) IN GENERAL.—The Administrator 

9 shall enter into an agreement with the National 

10 Academy of Sciences to perform the services 

11 covered by this subsection. 

12 (B) TIMING.—The Administrator shall 

13 enter into the agreement described in subpara14 graph (A) before September 30, 2018. 

15 (2) STUDY.— 

16 (A) IN GENERAL.—Under an agreement 

17 between the Administrator and the National 

18 Academy of Sciences under this subsection, the 

19 National Academy of Sciences shall conduct a 

20 study on matters concerning the future of the 

21 satellite systems of the Administration. 

22 (B) ELEMENTS.—In conducting the study 

23 under subparagraph (A), the National Academy 

24 of Sciences shall— 


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1 (i) review the report of the Weather 

2 Commission described in section 6(d), and 

3 the 2017 update to the 2007 report by the 

4 National Research Council entitled ‘‘Earth 

5 Science and Applications From Space’’; 

6 (ii) develop recommendations on how 

7 to make the satellite portfolio of the Ad8 ministration more robust and cost-effec9 tive; 

10 (iii) assess the costs and benefits of 

11 moving toward a constellation of many 

12 small satellites, standardizing satellite bus 

13 design, relying more on the purchasing of 

14 data, or acquiring data from other sources 

15 or methods; 

16 (iv) identify the environmental obser17 vations that are essential to the perform18 ance of weather models, based on an as19 sessment of Federal, academic, and private 

20 sector weather research, and the cost of 

21 obtaining the environmental data; 

22 (v) identify environmental observa23 tions that improve the quality of weather 

24 forecasts, but are not essential for the gen25 eration of weather models in effect on the 


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1 day before the date of enactment of this 

2 Act; and 

3 (vi) develop recommendations on a 

4 portfolio of environmental observations 

5 that balances essential and quality-improv6 ing data, private and nonprivate sources, 

7 and space- and Earth-based instruments. 

8 (C) DEADLINE AND REPORT.—In carrying 

9 out the study under subparagraph (A), the Na10 tional Academy of Sciences shall complete and 

11 transmit to the Administrator a report con12 taining the findings of the National Academy of 

13 Sciences with respect to the study not later 

14 than 2 years after the date on which the Ad15 ministrator enters into an agreement with the 

16 National Academy of Sciences under paragraph 

17 (1)(A). 

18 (D) COORDINATION OF EFFORTS.—In 

19 order to avoid duplication, the National Acad20 emy of Sciences may coordinate its efforts to 

21 draft the report under subparagraph (C) with 

22 the preparation of the 2017 study entitled 

23 ‘‘Earth Science and Applications from Space’’. 

24 (3) ALTERNATE CONTRACT ORGANIZATION.— 


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1 (A) IN GENERAL.—If the Administrator is 

2 unable before the date prescribed in paragraph 

3 (1)(B) to enter into an agreement described in 

4 paragraph (1)(A) with the National Academy of 

5 Sciences on terms acceptable to the Adminis6 trator, the Administrator shall seek to enter 

7 into such an agreement with another appro8 priate organization that— 

9 (i) is not part of the Government; 

10 (ii) operates as a not-for-profit entity; 

11 and 

12 (iii) has expertise and objectivity com13 parable to that of the National Academy of 

14 Sciences. 

15 (B) TREATMENT.—If the Administrator 

16 enters into an agreement with another organi17 zation as described in subparagraph (A), any 

18 reference in this section to the National Acad19 emy of Sciences shall be treated as a reference 

20 to the other organization. 

21 (4) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated to the Na23 tional Oceanic and Atmospheric Administration to 

24 carry out this subsection $1,000,000 for the period 

25 of fiscal years 2017 through 2019. 


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1 SEC. 5. DESIGNATION OF FEDERAL COORDINATOR FOR ME2 TEOROLOGY. 

3 The Director of the Office of Science and Technology 

4 Policy shall designate a Federal Coordinator for Meteor5 ology. 

6 SEC. 6. ESTABLISHMENT OF WEATHER COMMISSION. 

7 (a) ESTABLISHMENT.— 

8 (1) IN GENERAL.—The Federal Coordinator for 

9 Meteorology, designated under section 5, shall estab10 lish, and the Administrator of the National Oceanic 

11 and Atmospheric Administration acting through the 

12 United States Weather Research Program of the 

13 Administration shall support, a commission— 

14 (A) to assess the weather forecasts and 

15 forecast products provided by the National Oce16 anic and Atmospheric Administration; and 

17 (B) to provide advice to Congress on mat18 ters relating to the highest priority weather 

19 forecast needs of the community of users of the 

20 forecasts and products described in subpara21 graph (A). 

22 (2) DESIGNATION.—The commission estab23 lished under paragraph (1) shall be known as the 

24 ‘‘Weather Commission’’ (in this section referred to 

25 as the ‘‘Commission’’). 

26 (b) MEMBERSHIP.— 


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1 (1) COMPOSITION.— 

2 (A) IN GENERAL.—The Commission shall 

3 be composed of individuals selected by the Fed4 eral Coordinator from among leading experts 

5 and innovators from each relevant stakeholder 

6 group described in clauses (i) through (vii) of 

7 subparagraph (B). 

8 (B) NUMBER.—The Commission shall be 

9 composed of no fewer than 14 members, includ10 ing— 

11 (i) 2 representatives from State emer12 gency management agencies; 

13 (ii) 2 representatives from State agri14 culture agencies; 

15 (iii) 1 representative from the Native 

16 American, Alaskan Native, or Native Ha17 waiian community; 

18 (iv) 2 representatives from the private 

19 aerospace industry; 

20 (v) 2 representatives from the oper21 ational forecasting community; 

22 (vi) 2 representatives from the aca23 demic community; 

24 (vii) 1 representative from a profes25 sional society that focuses on meteorology; 


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1 (viii) the chair of the Science Advisory 

2 Board of the National Oceanic and Atmos3 pheric Administration; 

4 (ix) the chair of the National Science 

5 Board; 

6 (x) the Director of the Office of 

7 Science and Technology Policy, ex officio; 

8 and 

9 (xi) the Administrator of the National 

10 Oceanic and Atmospheric Administration, 

11 ex officio. 

12 (2) CO-CHAIR.—The Director of the Office of 

13 Science and Technology Policy and the Adminis14 trator of the National Oceanic and Atmospheric Ad15 ministration shall serve as co-chairs of the Commis16 sion. 

17 (c) DUTIES.—The duties of the Commission are as 

18 follows: 

19 (1) To assess the weather forecasts and fore20 cast products of the Administration as described in 

21 subsection (a). 

22 (2) To provide advice to Congress as described 

23 in subsection (a). 

24 (3) To obtain public comment on the weather 

25 forecasts and products of the Administration that 


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1 the Administrator determines are the highest pri2 ority for users of such forecasts and products. 

3 (d) REPORT.— 

4 (1) IN GENERAL.—Not later than 2 years after 

5 the date of enactment of this Act, the Commission 

6 shall submit to Congress and make available to the 

7 public on an Internet website a report on matters re8 lating to the activities of the Commission. 

9 (2) CONTENTS.—The report submitted under 

10 paragraph (1) shall include the following: 

11 (A) The findings of the Commission with 

12 respect to the review conducted under para13 graph (3) of subsection (c). 

14 (B) The findings of the Commission with 

15 respect to the public comments obtained under 

16 paragraph (4) of such subsection. 

17 (C) The recommendations developed under 

18 paragraph (5) of such subsection. 

19 (e) EXEMPTION FROM FACA.—The Commission 

20 shall not be subject to the requirements of the Federal 

21 Advisory Committee Act (5 U.S.C. App.). 

22 (f) TERMINATION.—The Commission shall terminate 

23 on the date that is 4 years after the date of enactment 

24 of this Act. 


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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the National Oceanic and 

3 Atmospheric Administration to carry out this section 

4 $1,000,000 for the period of fiscal years 2015 through 

5 2019. 

Æ 


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