§ 313. Duties of Secretary of Commerce

§ 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, 26 Stat. 653; May 20, 1926, ch. 344, § 5 (e), 44 Stat. 571; June 23, 1938, ch. 601, title XI, § 1107(k), 52 Stat. 1029; 1940 Reorg. Plan No. IV, § 8, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1236; 1965 Reorg. Plan No. 2, §§ 1, 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318.)

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1938—Act June 23, 1938, repealed second paragraph relating to duties as to air navigation.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

Pub. L. 85–726, title XIV, § 1401(b), Aug. 23, 1958, 72 Stat. 806, repealed act June 23, 1938, ch. 601, title XI, § 1107(k), 52 Stat. 1029, cited to the credit of this section.

Conduct of Weather Reconnaissance in the United States

Pub. L. 118–31, div. A, title X, § 1090, Dec. 22, 2023, 137 Stat. 420, provided that: “(a) Conduct of Reconnaissance.—“(1) In general.—Subject to the availability of appropriations, the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command and the Administrator of the National Oceanic and Atmospheric Administration may use aircraft, personnel, and equipment necessary to meet the mission requirements of—“(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) Activities.—If the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command exercises the authority under paragraph (1), such Squadron, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and appropriate line offices of the National Oceanic and Atmospheric Administration, shall use such authority to—“(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) Reports.—“(1) Air force.—“(A) In general.—Not later than 90 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of the Air Force, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, shall perform a resources review of mission capabilities needed for observation to carry out the activities described in subsection (a)(2) and submit to the appropriate committees of Congress a comprehensive report, for the period beginning on the date of the enactment of this Act and ending on December 31, 2035, on—“(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) Appropriate committees of congress.—In this paragraph, the term ‘appropriate committees of Congress’ means—“(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) Commerce.—Not later than 90 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Commerce 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 comprehensive report, for the period beginning on the date of the enactment of this Act and ending on December 31, 2035, on—“(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) Transfer of Funds.—The Secretary of the Air Force may transfer funds to the National Oceanic and Atmospheric Administration for additional hurricane monitoring and response activities that fulfill the mission of the Air Force, including transfers of funds for the compensation of personnel and for the provision of other such services, funds, facilities, and other support services as necessary.”

Use of Funds for Hurricane Reconnaissance Program

Pub. L. 108–199, div. B, title II, § 203, Jan. 23, 2004, 118 Stat. 72, provided in part that: “Hereafter, none of the funds made available by this or any other Act for the National Oceanic and Atmospheric Administration may be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve.”

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 108–7, div. B, title II, § 203, Feb. 20, 2003, 117 Stat. 77.

Pub. L. 107–77, title II, § 203, Nov. 28, 2001, 115 Stat. 778.

Pub. L. 106–553, § 1(a)(2) [title II, § 203], Dec. 21, 2000, 114 Stat. 2762, 2762A–78.

Pub. L. 106–113, div. B, § 1000(a)(1) [title II, § 203], Nov. 29, 1999, 113 Stat. 1535, 1501A–31.

Pub. L. 105–277, div. A, § 101(b) [title II, § 203], Oct. 21, 1998, 112 Stat. 2681–50, 2681–86.

Pub. L. 105–119, title II, § 203, Nov. 26, 1997, 111 Stat. 2479.

Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 203], Sept. 30, 1996, 110 Stat. 3009, 3009–39.

Pub. L. 104–134, title I, § 101[(a)] [title II, § 203], Apr. 26, 1996, 110 Stat. 1321, 1321–30; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 103–317, title II, § 203, Aug. 26, 1994, 108 Stat. 1749.

Pub. L. 103–121, title II, § 203, Oct. 27, 1993, 107 Stat. 1176.

Pub. L. 102–395, title II, § 203, Oct. 6, 1992, 106 Stat. 1855.

Pub. L. 102–140, title II, § 203, Oct. 28, 1991, 105 Stat. 806.

Pub. L. 101–515, title I, § 103, Nov. 5, 1990, 104 Stat. 2107.

Hurricane Reconnaissance Program

Pub. L. 102–567, title I, § 107, Oct. 29, 1992, 106 Stat. 4275, provided that: “(a) Establishment of Program.—(1) The Secretary of Defense and the Secretary of Commerce shall establish a 5-year joint program for collecting operational and reconnaissance data, conducting research, and analyzing data on tropical cyclones to assist the forecast and warning program and increase the understanding of the causes and behavior of tropical cyclones. “(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) Responsibilities.—(1) The Secretary of Defense shall have the responsibility for maintaining, flying, and funding tropical cyclone reconnaissance aircraft to accomplish the program established under this section and to transfer the data to the Secretary of Commerce. Program responsibility may not be transferred to any other Federal department or agency, including the Coast Guard, without the agreement and approval of the Secretary of Defense, the Secretary of Commerce, and the head of any other Federal agency or department to which the responsibility is transferred. “(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) Management Plans.—(1) The Secretary of Defense and the Secretary of Commerce shall jointly develop and, within 120 days after the date of enactment of this Act [Oct. 29, 1992], submit to the Congress a management plan for the program established under this section, which shall include organizational structure, goals, major tasks, and funding profiles for the 5-year duration of the program. “(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

Pub. L. 102–567, title I, § 108, Oct. 29, 1992, 106 Stat. 4276, as amended by Pub. L. 115–25, title I, § 109, Apr. 18, 2017, 131 Stat. 97, formerly set out as a note under this section, was transferred to section 8520 of this title.

Weather Service Modernization