[House Report 118-211]
[From the U.S. Government Publishing Office]


 118th Congress    }                                    {    Report
                         HOUSE OF REPRESENTATIVES
  1st Session      }                                    {    118-211

======================================================================



 
                    AVIATION WEATHER IMPROVEMENT ACT

                                _______
                                

 September 21, 2023.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Lucas, from the Committee on Science, Space, and Technology, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3915]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 3915) to improve the National 
Weather Service's forecasting of turbulence and acquisition of 
aviation weather data, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Legislative History..............................................     3
Section-by-Section...............................................     3
Related Committee Hearings.......................................     4
Committee Consideration..........................................     4
Roll Call Votes..................................................     5
Application of Law to the Legislative Branch.....................     7
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     7
Statement of General Performance Goals and Objectives............     7
Duplication of Federal Programs..................................     7
Federal Advisory Committee Act...................................     7
Unfunded Mandate Statement.......................................     7
Earmark Identification...........................................     7
Committee Cost Estimate..........................................     7
New Budget Authority, Entitlement Authority, and Tax Expenditures     8
Congressional Budget Office Cost Estimate........................     8
Changes in Law Made by the Bill, as Reported.....................     8

    The amendment is as follows:
  Strike all that follows after the enacting clause and insert 
the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Aviation Weather Improvement Act''.

SEC. 2. AVIATION WEATHER AND DATA INNOVATION.

  (a) Program.--The Director of the National Weather Service shall 
maintain an airborne observation program (in this section referred to 
as the ``program'') for the acquisition of atmospheric sensor data and 
the deployment, in partnership with the weather enterprise, of critical 
atmospheric sensors.
  (b) Activities.--The program shall include activities that carry out 
the following:
          (1) Procurement of weather data available from commercial 
        aircraft, as determined by the Director of the National Weather 
        Service.
          (2) Acquisition of additional vertical profile observations 
        that provide spatial and temporal density, as determined by the 
        Director.
          (3) Analysis of procured data when incorporated into the 
        National Oceanic and Atmospheric Administration's unified 
        forecast system in order to provide improved forecast 
        information for aircraft.
  (c) Budget.--The Director of the National Weather Service shall, not 
less frequently than annually, submit to Congress a proposed budget 
corresponding with the activities described in subsection (b), 
including an analysis of such activities that can be complemented by 
National Oceanic and Atmospheric Administration aircraft.
  (d) Authorization of Appropriations.--From amounts made available to 
Operations, Research, and Facilities of the National Oceanic and 
Atmospheric Administration, there is authorized to be appropriated up 
to $10,000,000 for each of fiscal years 2024 through 2028 to carry out 
this section.
  (e) Definition.--In this section, the term ``weather enterprise'' has 
the meaning given such term in section 2 of the Weather Research and 
Forecasting Innovation Act of 2017 (15 U.S.C. 8501).

SEC. 3. AVIATION WEATHER AND TURBULENCE FORECASTING COORDINATION.

  (a) In General.--The Director of the National Weather Service shall 
include turbulence events or phenomena, icing conditions, or other 
phenomena in the forecasting capabilities of the National Weather 
Service's Aviation Weather Center, and deliver operational forecasts 
with consistent, timely, and accurate weather and turbulence 
information for the airspace system and the protection of lives and 
property.
  (b) Coordination.--In carrying out subsection (a), the Director of 
the National Weather Service shall--
          (1) give consideration to recommendations from the 
        Administrator of the Federal Aviation Administration in 
        furtherance of section 44720 of title 49, United States Code; 
        and
          (2) improve weather and turbulence forecasting capabilities 
        by--
                  (A) designating or establishing within the Federal 
                Government an interagency working group to determine 
                weather and environmental data or observation 
                requirements, needs, and potential solutions related to 
                aviation weather and turbulence modeling or 
                forecasting;
                  (B) identifying current and future potential data 
                gaps related to turbulence events or phenomena that 
                can--
                          (i) identify or inform route specific flight 
                        planning; and
                          (ii) be supplemented or filled by commercial 
                        aviation tools;
                  (C) transitioning research initiatives and pilot 
                programs, including a pilot program of instrumentation 
                for observing greenhouse gases and other atmospheric 
                factors deployed on commercial aircraft and supporting 
                the evaluation of a sustained observing network using 
                such platforms, into operations that improve the 
                forecasting missions of the Aviation Weather Center;
                  (D) developing and deploying improved probabilistic 
                aviation weather forecast guidance technology; and
                  (E) updating interagency agreements, as appropriate, 
                including to address reimbursable agreements.

SEC. 4. NEXT GENERATION AVIATION RESEARCH.

  Paragraph (3) of section 102(b) of the Weather Research and 
Forecasting Innovation Act of 2017 (15 U.S.C. 8512(b)), is amended--
          (1) by redesignating subparagraphs (F) and (G) as 
        subparagraphs (G) and (H), respectively; and
          (2) by inserting after subparagraph (E) the following new 
        subparagraph:
                  ``(F) aviation weather phenomena, including 
                atmospheric composition and turbulence, to improve 
                scientific understanding and forecast capabilities for 
                the airspace system;''.

                          Purpose and Summary

    H.R. 3915, the Aviation Weather Improvement Act, improves 
the National Weather Service's forecasting of turbulence and 
acquisition of aviation weather data.

                  Background and Need for Legislation

    Every year in the United States, about 65,000 flights 
experience moderate turbulence and 5,500 flights report severe 
turbulence. The injuries and damages resulting from this 
turbulence cost U.S. airlines about $500 million each year.
    The Aviation Weather Improvement Act will improve all 
aspects of aviation weather forecasting and prediction by 
authorizing the National Weather Service (NWS) to acquire 
commercial data and partner with the U.S. weather enterprise to 
deploy critical atmospheric sensors. As demonstrated by the 
Commercial Weather Data Pilot Program authorized in the Weather 
Research and Forecasting Innovation Act of 2017, NOAA can 
successfully procure weather data from the commercial sector 
and improve weather modeling as a result.
    Additionally, while the NWS's Aviation Weather Center 
provides some turbulence tools and services, it is primarily 
focused on ``potentially hazardous weather conditions'' which 
can exclude specific events. This information is primarily 
communicated in the form of AIRMETs and SIGMETs, which cover 
large geographic areas with broad warnings and potential 
conditions, not flight specific routes.
    The Aviation Weather Improvement Act addresses these issues 
by codifying the inclusion of turbulence events or phenomena in 
the operation forecasting capabilities of the Aviation Weather 
Center. Through the updated mission and coordination directed 
by H.R. 3915, the Aviation Weather Center will determine 
weather and environmental data or observation requirements, 
needs, and potential solutions to turbulence forecasting, as 
well as identify data gaps that can inform route specific 
flight planning or be filled by commercial aviation tools.

                          Legislative History

    H.R. 3915 was introduced on June 6, 2023, by Representative 
McCormick (R-GA) and is cosponsored by Rep. Stevens (D-MI).
    On July 27, 2023, the Committee on Science, Space, and 
Technology met to consider H.R. 3915. Rep. McCormick offered an 
amendment in the nature of a substitute, which made minor 
changes resulting from input provided by the Federal Aviation 
Administration and the National Oceanic and Atmospheric 
Administration. The amendment passed by voice vote. Chairman 
Lucas moved that Committee favorably report the bill, H.R. 
3915, as amended, to the House of Representatives with the 
recommendation that the bill be approved. The motion was agreed 
to by a vote of 35-0.

                           Section-by-Section


Section 1. Short title

    The short title of this legislation is the ``Aviation 
Weather Improvement Act.''

Section 2. Aviation Weather and Data Innovation

    This section directs the National Weather Service (NWS) to 
establish an airborne observation program for the acquisition 
of atmospheric sensor data and the deployment, in partnership 
with the weather enterprise, of critical atmospheric sensors. 
Specifically, this section directs the NWS to procure weather 
data available from commercial aircraft and analyze that data 
when incorporated into NOAA's unified forecast system.
    This section also requires the NWS to submit an annual 
proposed budget to Congress corresponding to these activities 
and authorizes $10,000,000 from amounts appropriated to NOAA 
for each fiscal year 2024 through 2028.

Section 3. Aviation Weather and Turbulence Forecasting Coordination

    This section directs the National Weather Service to 
include turbulence events or phenomena, icing conditions, and 
other phenomena in the forecasting capabilities of the Aviation 
Weather Center. It also directs the Aviation Weather Center to 
deliver operational forecasts with consistent, timely, and 
accurate weather and turbulence information for the airspace 
system.
    This section also ensures that the NWS considers 
recommendations made by the Federal Aviation Administration 
regarding weather and turbulence forecasting capabilities. The 
NWS is directed to identify current and future potential data 
gaps related to turbulence and fill those gaps with commercial 
aviation tools.

Section 4. Next Generation Aviation Research

    This section amends the Weather Research and Forecasting 
Innovation Act of 2017 by inserting aviation weather phenomena 
research into the list of activities conducted by NOAA's Office 
of Oceanic and Atmospheric Research.

                       Related Committee Hearings

    On March 28, 2023, the Subcommittee on Environment held a 
hearing entitled Reauthorizing the Weather Act: Data and 
Innovation for Predictions. Members and witnesses discussed the 
importance of and need for commercial weather data, including 
in aviation, to improve Federal forecasting and modeling 
capabilities.
    Witnesses:
           Mr. Richard Jenkins, Founder & CEO, 
        Saildrone, Inc.
           Ms. Meredith Bell, Atmospheric Program 
        Manager, FLYHT Inc.
           Dr. Antonio J. Busalacchi Jr, President, 
        University Corporation for Atmospheric Research.
           Mr. Michael Eilts, General Manager, Weather 
        and Earth Intelligence, Spire Global.

                        Committee Consideration

    On July 27, 2023, the Committee met in open session and 
ordered reported favorably the bill, H.R. 3915, as amended, by 
a recorded vote of 35 yeas to 0 nays, a quorum being present.

                            Roll Call Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

              Application of Law to the Legislative Branch

    The Committee finds that H.R. 3915 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    Pursuant to clause (3)(c)(4) of rule XIII, the goal of H.R. 
3915 is to improve the National Weather Service's forecasting 
of turbulence and acquisition of aviation weather data.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, the Committee 
finds that no provision of H.R. 3915 establishes or 
reauthorizes a program of the Federal Government known to be 
duplicative of another Federal program, including any program 
that was included in a report to Congress pursuant to section 
21 of Public Law 111-139 or identified in the most recent 
Catalog of Federal Domestic Assistance.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of section 5(b) of the Federal Advisory 
Committee Act.

                       Unfunded Mandate Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                         Earmark Identification

    Pursuant to clauses 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 3915 does not include any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974. At the time this report was 
filed, the estimate was not available.

           New Budget Authority, Entitlement Authority, and 
                            Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 3915 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

        WEATHER RESEARCH AND FORECASTING INNOVATION ACT OF 2017




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TITLE I--UNITED STATES WEATHER RESEARCH AND FORECASTING IMPROVEMENT

           *       *       *       *       *       *       *


SEC. 102. WEATHER RESEARCH AND FORECASTING INNOVATION.

  (a) Program.--The Assistant Administrator for the Office of 
Oceanic and Atmospheric Research shall conduct a program to 
develop improved understanding of and forecast capabilities for 
atmospheric events and their impacts, placing priority on 
developing more accurate, timely, and effective warnings and 
forecasts of high impact weather events that endanger life and 
property.
  (b) Program Elements.--The program described in subsection 
(a) shall focus on the following activities:
          (1) Improving the fundamental understanding of 
        weather consistent with section 101, including the 
        boundary layer and other processes affecting high 
        impact weather events.
          (2) Improving the understanding of how the public 
        receives, interprets, and responds to warnings and 
        forecasts of high impact weather events that endanger 
        life and property.
          (3) Research and development, and transfer of 
        knowledge, technologies, and applications to the 
        National Weather Service and other appropriate agencies 
        and entities, including the United States weather 
        industry and academic partners, related to--
                  (A) advanced radar, radar networking 
                technologies, and other ground-based 
                technologies, including those emphasizing 
                rapid, fine-scale sensing of the boundary layer 
                and lower troposphere, and the use of 
                innovative, dual-polarization, phased-array 
                technologies;
                  (B) aerial weather observing systems;
                  (C) high performance computing and 
                information technology and wireless 
                communication networks;
                  (D) advanced numerical weather prediction 
                systems and forecasting tools and techniques 
                that improve the forecasting of timing, track, 
                intensity, and severity of high impact weather, 
                including through--
                          (i) the development of more effective 
                        mesoscale models;
                          (ii) more effective use of existing, 
                        and the development of new, regional 
                        and national cloud-resolving models;
                          (iii) enhanced global weather models; 
                        and
                          (iv) integrated assessment models;
                  (E) quantitative assessment tools for 
                measuring the impact and value of data and 
                observing systems, including Observing System 
                Simulation Experiments (as described in section 
                107), Observing System Experiments, and 
                Analyses of Alternatives;
                  (F) aviation weather phenomena, including 
                atmospheric composition and turbulence, to 
                improve scientific understanding and forecast 
                capabilities for the airspace system;
                  [(F)] (G) atmospheric chemistry and 
                interactions essential to accurately 
                characterizing atmospheric composition and 
                predicting meteorological processes, including 
                cloud microphysical, precipitation, and 
                atmospheric electrification processes, to more 
                effectively understand their role in severe 
                weather; and
                  [(G)] (H) additional sources of weather data 
                and information, including commercial observing 
                systems.
          (4) A technology transfer initiative, carried out 
        jointly and in coordination with the Director of the 
        National Weather Service, and in cooperation with the 
        United States weather industry and academic partners, 
        to ensure continuous development and transition of the 
        latest scientific and technological advances into 
        operations of the National Weather Service and to 
        establish a process to sunset outdated and expensive 
        operational methods and tools to enable cost-effective 
        transfer of new methods and tools into operations.
          (5) Advancing weather modeling skill, reclaiming and 
        maintaining international leadership in the area of 
        numerical weather prediction, and improving the 
        transition of research into operations by--
                  (A) leveraging the weather enterprise to 
                provide expertise on removing barriers to 
                improving numerical weather prediction;
                  (B) enabling scientists and engineers to 
                effectively collaborate in areas important for 
                improving operational global numerical weather 
                prediction skill, including model development, 
                data assimilation techniques, systems 
                architecture integration, and computational 
                efficiencies;
                  (C) strengthening the National Oceanic and 
                Atmospheric Administration's ability to 
                undertake research projects in pursuit of 
                substantial advancements in weather forecast 
                skill;
                  (D) utilizing and leverage existing resources 
                across the National Oceanic and Atmospheric 
                Administration enterprise; and
                  (E) creating a community global weather 
                research modeling system that--
                          (i) is accessible by the public;
                          (ii) meets basic end-user 
                        requirements for running on public 
                        computers and networks located outside 
                        of secure National Oceanic and 
                        Atmospheric Administration information 
                        and technology systems; and
                          (iii) utilizes, whenever appropriate 
                        and cost-effective, innovative 
                        strategies and methods, including 
                        cloud-based computing capabilities, for 
                        hosting and management of part or all 
                        of the system described in this 
                        subsection.
  (c) Extramural Research.--
          (1) In general.--In carrying out the program under 
        this section, the Assistant Administrator for Oceanic 
        and Atmospheric Research shall collaborate with and 
        support the non-Federal weather research community, 
        which includes institutions of higher education, 
        private entities, and nongovernmental organizations, by 
        making funds available through competitive grants, 
        contracts, and cooperative agreements.
          (2) Sense of congress.--It is the sense of Congress 
        that not less than 30 percent of the funds for weather 
        research and development at the Office of Oceanic and 
        Atmospheric Research should be made available for the 
        purpose described in paragraph (1).
  (d) Annual Report.--Each year, concurrent with the annual 
budget request submitted by the President to Congress under 
section 1105 of title 31, United States Code, for the National 
Oceanic and Atmospheric Administration, the Under Secretary 
shall submit to Congress a description of current and planned 
activities under this section.

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