[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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[all]