Title 15Commerce and TradeRelease 119-73not60

§8531 National Oceanic and Atmospheric Administration Satellite and Data Management

Title 15 › Chapter 111— WEATHER RESEARCH AND FORECASTING INNOVATION › Subchapter II— WEATHER SATELLITE AND DATA INNOVATION › § 8531

Last updated Apr 3, 2026|Official source

Summary

The Under Secretary must finish and run the COSMIC–1 and COSMIC–2 satellite programs as they existed the day before April 18, 2017. To do that, the Under Secretary must put up groups of small satellites in equatorial and polar orbits, feed their data into national operational and research weather models, and make the COSMIC–1 and COSMIC–2 data free and open to everyone. The Under Secretary must report to Congress at least once a year until that work is finished. In National Weather Service regions where ocean and coastal data would help, the NWS Director must add coastal and ocean observations from the Integrated Ocean Observing System into regional forecasts, help build real-time data-sharing and forecast products with regional partners, and support using autonomous surface, underwater, and other sensors and the infrastructure to share and analyze that data in real time. The Under Secretary must watch for any loss of monitoring that could harm forecast quality and make future satellite plans follow the recommendations from the studies required in subsection (b). The Under Secretary must try to hire the National Academy of Sciences to study future satellite data needs before September 30, 2018, and the Academy must deliver its report within 2 years after the agreement. That study must recommend how to make NOAA’s data mix more robust and cost-effective, weigh options like many small satellites or buying data, identify which environmental observations are essential for weather models (including which improved the models as of the day before April 18, 2017), and prioritize new observations. If the Academy can’t be hired, the Under Secretary must pick another nonprofit expert group. Up to $1,000,000 is authorized for fiscal years 2018 through 2019 to carry out that study. The Under Secretary must also analyze, test, and plan future satellite and data systems to lower costs, break up big systems where useful, add new technologies, and improve weather, climate, and ocean understanding. The Under Secretary may make special research-and-development transaction agreements with nonfederal partners to build or test systems or decide how to use NOAA assets when usual contracts or grants won’t work. Those transaction authorities end on September 30, 2030. Within 60 days after any such agreement, NOAA must post searchable information online about it. Also, not later than 90 days after September 30 each year through September 30, 2023, the Under Secretary must report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Science, Space, and Technology about each transaction agreement and planned agreements. Nothing here stops NOAA from using normal contracts, grants, or cooperative research agreements.

Full Legal Text

Title 15, §8531

Commerce and Trade — Source: USLM XML via OLRC

(a)(1)(A)The Under Secretary shall complete and operationalize the Constellation Observing System for Meteorology, Ionosphere, and Climate–1 and Climate–2 (COSMIC) in effect on the day before April 18, 2017—
(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 and research weather forecast models; and
(iii)by ensuring that the resulting data of National Oceanic and Atmospheric Administration’s COSMIC–1 and COSMIC–2 programs are free and open to all communities.
(B)Not less frequently than once each year until the Under Secretary has completed and operationalized the program described in subparagraph (A) pursuant to such subparagraph, the Under Secretary shall submit to Congress a report on the status of the efforts of the Under Secretary to carry out such subparagraph.
(2)In National Weather Service Regions where the Director of the National Weather Service determines that ocean and coastal data would improve forecasts, the Director, in consultation with the Assistant Administrator for Oceanic and Atmospheric Research and the Assistant Administrator of the National Ocean Service, shall—
(A)integrate additional coastal and ocean observations, and other data and research, from the Integrated Ocean Observing System (IOOS) into regional weather forecasts to improve weather forecasts and forecasting decision support systems;
(B)support the development of real-time data sharing products and forecast products in collaboration with the regional associations of such system, including contributions from the private sector, academia, and research institutions to ensure timely and accurate use of ocean and coastal data in regional forecasts; and
(C)support increasing use of autonomous, mobile surface, sub-surface, and submarine vehicle ocean and fresh water sensor systems and the infrastructure necessary to share and analyze these data in real-time and feed them into predictive early warning systems.
(3)The Under Secretary shall identify degradation of existing monitoring and observation capabilities that could lead to a reduction in forecast quality.
(4)In developing specifications for any satellite systems or data to follow the Joint Polar Satellite System, Geostationary Operational Environmental Satellites, and any other satellites, in effect on the day before April 18, 2017, the Under Secretary shall ensure the specifications are determined to the extent practicable by the recommendations of the reports under subsection (b) of this section.
(b)(1)(A)The Under Secretary shall seek to enter into an agreement with the National Academy of Sciences to perform the services covered by this subsection.
(B)The Under Secretary shall seek to enter into the agreement described in subparagraph (A) before September 30, 2018.
(2)(A)Under an agreement between the Under Secretary and the National Academy of Sciences under this subsection, the National Academy of Sciences shall conduct a study on matters concerning future satellite data needs.
(B)In conducting the study under subparagraph (A), the National Academy of Sciences shall—
(i)develop recommendations on how to make the data portfolio of the Administration more robust and cost-effective;
(ii)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;
(iii)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;
(iv)identify environmental observations that improve the quality of operational and research weather models in effect on the day before April 18, 2017;
(v)identify and prioritize new environmental observations that could contribute to existing and future weather models; and
(vi)develop recommendations on a portfolio of environmental observations that balances essential, quality-improving, and new data, private and nonprivate sources, and space-based and Earth-based sources.
(C)In carrying out the study under subparagraph (A), the National Academy of Sciences shall complete and transmit to the Under Secretary 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).
(3)(A)If the Under Secretary is unable within the period prescribed in subparagraph (B) of paragraph (1) to enter into an agreement described in subparagraph (A) of such paragraph with the National Academy of Sciences on terms acceptable to the Under Secretary, the Under Secretary shall seek to enter into such an agreement with another appropriate organization that—
(i)is not part of the Federal 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)If the Under Secretary enters into an agreement with another organization as described in subparagraph (A), any reference in this subsection to the National Academy of Sciences shall be treated as a reference to the other organization.
(4)There are authorized to be appropriated, out of funds appropriated to National 11 So in original. Probably should be preceded by “the”. Environmental Satellite, Data, and Information Service, to carry out this subsection $1,000,000 for the period encompassing fiscal years 2018 through 2019.
(c)(1)The Under Secretary shall analyze, test, and plan the procurement of future data sources and satellite architectures, including respective ground system elements, identified in the National Oceanic and Atmospheric Administration’s Satellite Observing System Architecture Study that—
(A)lower the cost of observations used to meet the National Oceanic and Atmospheric Administration’s mission requirements;
(B)disaggregate current satellite systems, where appropriate;
(C)include new, value-adding technological advancements; and
(D)improve—
(i)weather and climate forecasting and predictions; and
(ii)the understanding, management, and exploration of the ocean.
(2)In meeting the requirements described in paragraph (1), the Under Secretary—
(A)may partner with the commercial and academic sectors, non-governmental and not-for-profit organizations, and other Federal agencies; and
(B)shall, consistent with section 8517 of this title, undertake quantitative assessments for objective analyses, as the Under Secretary considers appropriate, to evaluate relative value and benefits of future data sources and satellite architectures described in paragraph (1).
(d)(1)Subject to paragraph (2), in order to enhance the effectiveness of data, satellite, and other observing systems used by the National Oceanic and Atmospheric Administration to meet its missions, the Under Secretary may enter into and perform such transaction agreements on such terms as the Under Secretary considers appropriate to carry out—
(A)basic, applied, and advanced research projects and ocean exploration missions to meet the objectives described in subparagraphs (A) through (D) of subsection (c)(1); or
(B)any other type of project to meet other mission objectives, as determined by the Under Secretary.
(2)(A)A transaction agreement under paragraph (1) shall be limited to research and development activities.
(B)A transaction agreement under paragraph (1) may be used—
(i)for the construction, use, operation, or procurement of new, improved, innovative, or value-adding systems, including satellites, instrumentation, ground stations, data, and data processing;
(ii)to make determinations on how to best use existing or planned data, systems, and assets of the National Oceanic and Atmospheric Administration; and
(iii)only when the objectives of the National Oceanic and Atmospheric Administration cannot be met using a cooperative research and development agreement, grants procurement contract, or cooperative agreement.
(3)The authority provided in this subsection terminates effective September 30, 2030.
(e)Not later than 60 days after the date that a transaction agreement is made under subsection (d), the Under Secretary shall make publicly available, in a searchable format, on the website of the National Oceanic and Atmospheric Administration all uses of the authority under subsection (d), including an estimate of committed National Oceanic and Atmospheric Administration resources and the expected benefits to National Oceanic and Atmospheric Administration objectives for the transaction agreement, with appropriate redactions for proprietary, sensitive, or classified information.
(f)(1)Not later than 90 days after September 30 of each fiscal year through September 30, 2023, the Under Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the use of additional transaction authority by the National Oceanic and Atmospheric Administration during the previous fiscal year.
(2)Each report shall include—
(A)for each transaction agreement in effect during the fiscal year covered by the report—
(i)an indication of whether the transaction agreement is a reimbursable, non-reimbursable, or funded agreement;
(ii)a description of—
(I)the subject and terms;
(II)the parties;
(III)the responsible National Oceanic and Atmospheric Administration line office;
(IV)the value;
(V)the extent of the cost sharing among Federal Government and non-Federal sources;
(VI)the duration or schedule; and
(VII)all milestones;
(iii)an indication of whether the transaction agreement was renewed during the previous fiscal year;
(iv)the technology areas in which research projects were conducted under that agreement;
(v)the extent to which the use of that agreement—
(I)has contributed to a broadening of the technology and industrial base available for meeting National Oceanic and Atmospheric Administration needs; and
(II)has fostered within the technology and industrial base new relationships and practices that support the United States; and
(vi)the total value received by the Federal Government under that agreement for that fiscal year; and
(B)a list of all anticipated reimbursable, non-reimbursable, and funded transaction agreements for the upcoming fiscal year.
(g)Nothing in this section may be construed as limiting the authority of the National Oceanic and Atmospheric Administration to use cooperative research and development agreements, grants, procurement contracts, or cooperative agreements.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2020—Subsec. (c)(1)(D). Pub. L. 116–259, § 503(1), added subpar. (D) and struck out former subpar. (D) which read as follows: “improve weather forecasting and predictions.” Subsec. (d)(1). Pub. L. 116–259, § 503(2)(A), substituted “data, satellite, and other observing systems” for “data and satellite systems” and “to carry out—” and subpars. (A) and (B) for “to carry out basic, applied, and advanced research projects to meet the objectives described in subparagraphs (A) through (D) subsection (c)(1).” Subsec. (d)(2)(B)(i). Pub. L. 116–259, § 503(2)(B), substituted “systems, including satellites, instrumentation, ground stations, data, and data processing;” for “satellites, instrumentation, ground stations, and data;”. Subsec. (d)(3). Pub. L. 116–259, § 503(2)(C), substituted “2030” for “2023”. 2019—Subsec. (a)(2)(C). Pub. L. 115–423, § 7(a), added subpar. (C). Subsecs. (c) to (g). Pub. L. 115–423, § 6, added subsecs. (c) to (g).

Reference

Citations & Metadata

Citation

15 U.S.C. § 8531

Title 15Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60