[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2597 Engrossed in Senate (ES)]

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116th CONGRESS
  2d Session
                                S. 2597

_______________________________________________________________________

                                 AN ACT


 
To require the National Oceanic and Atmospheric Administration to make 
   certain operational models available to the public, 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 ``Learning Excellence and Good 
Examples from New Developers Act of 2020'' or the ``LEGEND Act of 
2020''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        National Oceanic and Atmospheric Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Under Secretary of Commerce for Oceans and Atmosphere and 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (3) Earth prediction innovation center.--The term ``Earth 
        Prediction Innovation Center'' means the community global 
        weather research modeling system described in paragraph (5)(E) 
        of section 102(b) of the Weather Research Forecasting and 
        Innovation Act of 2017 (15 U.S.C. 8512(b)), as redesignated by 
        section 4(g).
            (4) Model.--The term ``model'' means any vetted numerical 
        model and associated data assimilation of the Earth's system or 
        its components--
                    (A) developed, in whole or in part, by scientists 
                and engineers employed by the Administration; or
                    (B) otherwise developed using Federal funds.
            (5) Operational model.--The term ``operational model'' 
        means any model that has an output used by the Administration 
        for operational functions.
            (6) Suitable model.--The term ``suitable model'' means a 
        model that meets the requirements described in paragraph 
        (5)(E)(ii) of section 102(b) of the Weather Research 
        Forecasting and Innovation Act of 2017 (15 U.S.C. 8512(b)), as 
        redesignated by section 4(g), as determined by the 
        Administrator.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to support innovation in modeling by allowing 
        interested stakeholders to have easy and complete access to the 
        models used by the Administration, as the Administrator 
        determines appropriate; and
            (2) to use vetted innovations arising from access described 
        in paragraph (1) to improve modeling by the Administration.

SEC. 4. PLAN AND IMPLEMENTATION OF PLAN TO MAKE CERTAIN MODELS AND DATA 
              AVAILABLE TO THE PUBLIC.

    (a) In General.--The Administrator shall develop and implement a 
plan to make available to the public the following:
            (1) Operational models developed by the Administration.
            (2) Models that are not operational models, including 
        experimental and developmental models, as the Administrator 
        determines appropriate.
            (3) Applicable information and documentation for models 
        described in paragraphs (1) and (2).
            (4) Subject to section 7, all data owned by the Federal 
        Government and data that the Administrator has the legal right 
        to redistribute that are associated with models made available 
        to the public pursuant to the plan and used in operational 
        forecasting by the Administration, including--
                    (A) relevant metadata;
                    (B) data used for operational models used by the 
                Administration as of the date of the enactment of this 
                Act; and
                    (C) a description of intended model outputs.
    (b) Accommodations.--In developing and implementing the plan under 
subsection (a), the Administrator may make such accommodations as the 
Administrator considers appropriate to ensure that the public release 
of any model, information, documentation, or data pursuant to the plan 
does not jeopardize--
            (1) national security;
            (2) intellectual property or redistribution rights, 
        including under titles 17 and 35, United States Code;
            (3) any trade secret or commercial or financial information 
        subject to section 552(b)(4) of title 5, United States Code;
            (4) any models or data that are otherwise restricted by 
        contract or other written agreement; or
            (5) the mission of the Administration to protect lives and 
        property.
    (c) Priority.--In developing and implementing the plan under 
subsection (a), the Administrator shall prioritize making available to 
the public the models described in subsection (a)(1).
    (d) Exclusion of Certain Models.--In developing and implementing 
the plan under subsection (a), the Administrator may exclude models 
that the Administrator determines will be retired or superseded in 
fewer than 5 years after the date of the enactment of this Act.
    (e) Platforms.--In carrying out subsections (a) and (b), the 
Administrator may use government servers, contracts or agreements with 
a private vendor, or any other platform consistent with the purpose of 
this Act.
    (f) Support Program.--The Administrator shall plan for and 
establish a program to support infrastructure, including 
telecommunications and technology infrastructure of the Administration 
and the platforms described in subsection (e), relevant to making 
operational models and data available to the public pursuant to the 
plan under subsection (a).
    (g) Technical Correction.--Section 102(b) of the Weather Research 
Forecasting and Innovation Act of 2017 (15 U.S.C. 8512(b)) is amended 
by redesignating the second paragraph (4) (as added by section 4(a) of 
the National Integrated Drought Information System Reauthorization Act 
of 2018 (Public Law 115-423; 132 Stat. 5456)) as paragraph (5).

SEC. 5. REQUIREMENT TO REVIEW MODELS AND LEVERAGE INNOVATIONS.

    The Administrator shall--
            (1) consistent with the mission of the Earth Prediction 
        Innovation Center, periodically review innovations and 
        improvements made by persons outside the Administration to the 
        operational models made available to the public pursuant to the 
        plan under section 4(a) in order to improve the accuracy and 
        timeliness of forecasts of the Administration; and
            (2) if the Administrator identifies an innovation for a 
        suitable model, develop and implement a plan to use the 
        innovation to improve the model.

SEC. 6. REPORT ON IMPLEMENTATION.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Administrator shall submit to the 
appropriate congressional committees a report on the implementation of 
this Act that includes a description of--
            (1) the implementation of the plan required by section 4;
            (2) the process of the Administration under section 5--
                    (A) for engaging with interested stakeholders to 
                learn what innovations those stakeholders have found;
                    (B) for reviewing those innovations; and
                    (C) for operationalizing innovations to improve 
                suitable models.
    (b) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Commerce, Science, and Transportation 
        and the Committee on Appropriations of the Senate; and
            (2) the Committee on Science, Space, and Technology and the 
        Committee on Appropriations of the House of Representatives.

SEC. 7. PROTECTION OF NATIONAL SECURITY INTERESTS.

    (a) In General.--Notwithstanding any other provision of this Act, 
the Administrator, in consultation with the Secretary of Defense, as 
appropriate, may withhold any model or data if the Administrator 
determines doing so to be necessary to protect the national security 
interests of the United States.
    (b) Rule of Construction.--Nothing in this Act shall be construed 
to supersede any other provision of law governing the protection of the 
national security interests of the United States.

            Passed the Senate December 14, 2020.

            Attest:

                                                             Secretary.
116th CONGRESS

  2d Session

                                S. 2597

_______________________________________________________________________

                                 AN ACT

To require the National Oceanic and Atmospheric Administration to make 
   certain operational models available to the public, and for other 
                               purposes.