[Congressional Record Volume 167, Number 64 (Wednesday, April 14, 2021)]
[Senate]
[Pages S1942-S1943]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THUNE (for himself and Mr. Schatz):
  S. 1127. A bill to require the National Oceanic and Atmospheric 
Administration to make certain operational models available to the 
public, and for other purposes; to the Committee on Commerce, Science, 
and Transportation.
  Mr. THUNE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1127

       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 2021'' or the ``LEGEND 
     Act of 2021''.

     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.

[[Page S1943]]

  


     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $2,000,000 for each of fiscal years 2022 
     through 2026.
       (b) Derivation of Funds.--Funds to carry out this section 
     shall be derived from amounts authorized to be appropriated 
     to the National Weather Service that are enacted after the 
     date of the enactment of this Act.
                                 ______