[Congressional Record Volume 166, Number 211 (Monday, December 14, 2020)]
[Senate]
[Pages S7468-S7469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS ACT OF 2019

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 514, S. 2597.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read, as follows:

       A bill (S. 2597) to require the National Oceanic and 
     Atmospheric Administration to make certain operational models 
     available to the public, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation with an amendment, as follows:
  (The part of the bill intended to be stricken is shown in boldface 
brackets and the part of the bill intended to be inserted is shown in 
italics.

                                S. 2597

       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 2019'' or the ``LEGEND 
     Act of 2019''.

     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) Model.--The term ``model'' means any numerical model of 
     the Earth's system or its components produced by scientists 
     employed by the Administration.
       (4) Operational model.--The term ``operational model'' 
     means any model that has an output used by the Administration 
     for operational or public service functions.
       (5) Open source code.--The term ``open source code'' means 
     computer code or programming language that is available for 
     public use or modification.

     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; and
       (2) to use vetted innovations arising from access provided 
     under paragraph (1) to improve modeling by the 
     Administration.

     SEC. 4. REQUIREMENT TO MAKE CERTAIN OPERATIONAL MODELS 
                   AVAILABLE TO THE PUBLIC.

       (a) In General.--The Administrator shall make available to 
     the public the following:
       (1) Current and future operational models developed by the 
     Administration, in the form of open source code for a period 
     consistent with applicable records retention requirements.
       (2) All Government-owned data, subject to redistribution 
     rights, associated with such models and used in operational 
     forecasting by the Administration, including--
       (A) relevant metadata;
       (B) data used for current operational forecasts; and
       (C) a description of intended model outputs.
       (b) Discretion To Make Experimental or Development Models 
     Available.--The Administrator may make experimental or 
     developmental models associated with development projects 
     funded by the Administration available to the public as open 
     source code.
       (c) Platform.--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.
       (d) 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)) as paragraph (5).
       (e) Phased Implementation.--
       (1) Immediate effect for certain models.--For operational 
     models that, as of the date of the enactment of this Act, 
     meet 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 subsection (d), the Administrator shall implement the 
     requirements of subsection (a) as soon as practicable after 
     such date of enactment.
       (2) New models.--For operational models that meet the 
     requirements described in paragraph (1) and are created or 
     substantially updated after the date of the enactment of this 
     Act, the Administrator shall implement the requirements of 
     subsection (a) not later than 1 year after such date of 
     enactment.

     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 under 
     section 4 in order to improve the accuracy and timeliness of 
     forecasts of the Administration; and
       (2) if the Administrator identifies an innovation for such 
     a model the Administrator considers suitable, develop and 
     implement a plan to use the innovation to improve the model.

     SEC. 6. REPORT ON IMPLEMENTATION.

       (a) In General.--Not later than 1 year 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) how operational models have been made publicly 
     available as required by section 4(a); and
       (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 the Administrator 
     considers suitable.
       (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 may withhold models or data used 
     in operational weather forecasting 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.

     [SEC. 8. AUTHORIZATION OF APPROPRIATIONS.]

       [There are authorized to be appropriated to the 
     Administration for each of fiscal years 2021 through 2026 
     such sums as may be necessary to carry out this Act.]

     SEC. 8. FUNDING.

       The Administrator shall carry out this Act using amounts 
     available to the Administrator for fiscal years 2021 through 
     2026.

  Mr. McCONNELL. I ask unanimous consent that the committee-reported 
amendment be withdrawn; that the Thune substitute amendment at the desk 
be agreed to; that the bill, as amended, be considered read a third 
time and passed; and that the motion to reconsider be considered made 
and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment was withdrawn.
  The amendment (No. 2705), in the nature of a substitute, was agreed 
to, as follows

[[Page S7469]]

  


                (Purpose: In the nature of a substitute)

        Strike all after the enacting clause and insert the 
     following:

     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.

  The bill (S. 2597), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________