S 2597 — LEGEND Act of 2020

2597 ReportedEngrossed in Senate (RS)](ES)] <DOC> Calendar116th No.CONGRESS 2d Session S.

5142597 116th_______________________________________________________________________ CONGRESSAN 2dACT SessionTo S.require the National Oceanic and Atmospheric Administration to make certain operational models available to the public, and for other purposes.

2597 [Report No.

116-253] To require the National Oceanic and Atmospheric Administration to make certain operational models available to the public, and for other purposes.

_______________________________________________________________________ IN THE SENATE OF THE UNITED STATES October 15, 2019 Mr.

Thune (for himself and Mr.

Schatz) introduced the following bill;

which was read twice and referred to the Committee on Commerce, Science, and Transportation August 12, 2020 Reported by Mr.

Wicker, with an amendment [Omit the part struck through and insert the part printed in italic] _______________________________________________________________________ A BILL To require the National Oceanic and Atmospheric Administration to make certain operational models available to the public, and for other purposes.

This Act may be cited as the ``Learning Excellence and Good Examples from New Developers Act of 2019''2020'' or the ``LEGEND Act of 2019''.2020''.

(3) Model.--TheEarth prediction innovation center.--The term ``model''``Earth Prediction Innovation Center'' means anythe numericalcommunity modelglobal ofweather theresearch Earth'smodeling system ordescribed itsin componentsparagraph produced(5)(E) byof scientistssection employed102(b) byof the Administration.Weather Research Forecasting and Innovation Act of 2017 (15 U.S.C.

(4)8512(b)), Operationalas model.--Theredesignated term ``operational model'' means any model that has an output used by thesection Administration4(g). for operational or public service functions.

(5)(4) OpenModel.--The sourceterm code.--The``model'' termmeans ``openany sourcevetted code''numerical meansmodel computerand codeassociated ordata programmingassimilation languageof thatthe isEarth's availablesystem foror publicits usecomponents-- (A) developed, in whole or modification.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.

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;Administration, as the Administrator determines appropriate;

and (2) to use vetted innovations arising from access provideddescribed underin paragraph (1) to improve modeling by the Administration.

REQUIREMENTPLAN AND IMPLEMENTATION OF PLAN TO MAKE CERTAIN OPERATIONAL 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) CurrentOperational and future operational models developed by the Administration,Administration. in the form of open source code for a period consistent with applicable records retention requirements.

(2) AllModels Government-ownedthat data,are subjectnot tooperational redistributionmodels, rights,including associatedexperimental with such models and useddevelopmental inmodels, operationalas forecasting by the Administration,Administrator including--determines (A)appropriate. relevant metadata;

(B)(3) dataApplicable usedinformation and documentation for currentmodels operationaldescribed forecasts;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;

(b) DiscretionAccommodations.--In Todeveloping Makeand Experimentalimplementing orthe Developmentplan Modelsunder Available.--Thesubsection (a), the Administrator may make experimentalsuch oraccommodations developmentalas modelsthe associatedAdministrator withconsiders developmentappropriate projectsto fundedensure bythat the Administrationpublic availablerelease of any model, information, documentation, or data pursuant to the publicplan asdoes opennot sourcejeopardize-- code.(1) national security;

(c)(2) Platform.--Inintellectual carryingproperty out subsections (a) and (b), the Administrator may use government servers, contracts or agreementsredistribution withrights, aincluding privateunder vendor,titles or17 anyand other35, platformUnited consistentStates withCode; the purpose of this Act.

(d)(3) Technicalany Correction.--Sectiontrade 102(b)secret ofor thecommercial Weatheror Researchfinancial Forecastinginformation andsubject Innovationto Actsection 552(b)(4) of 2017title (155, U.S.C.United States Code;

8512(b))(4) isany amendedmodels byor redesignatingdata thethat secondare paragraphotherwise (4)restricted (as added by sectioncontract 4(a)or ofother thewritten Nationalagreement; Integrated Drought Information System Reauthorization Act of 2018 (Public Law 115-423)) as paragraph (5).

(e)or Phased(5) Implementation.-- (1) Immediate effect for certain models.--For operational models that, as of the datemission of the enactmentAdministration ofto thisprotect Act,lives meet the requirements described in paragraph (5)(E)(ii) of section 102(b) of the Weather Research Forecasting and Innovationproperty. Act of 2017 (15 U.S.C.

8512(b)),(c) asPriority.--In redesignateddeveloping byand subsectionimplementing (d), the Administratorplan shallunder implementsubsection (a), the requirementsAdministrator ofshall subsectionprioritize (a)making asavailable soonto asthe practicablepublic afterthe suchmodels datedescribed ofin enactment.subsection (a)(1).

(2)(d) NewExclusion models.--Forof operationalCertain modelsModels.--In thatdeveloping meet the requirements described in paragraph (1) and areimplementing createdthe orplan substantiallyunder updatedsubsection after(a), the dateAdministrator ofmay theexclude enactmentmodels ofthat this Act, the Administrator shalldetermines implementwill thebe requirementsretired ofor subsectionsuperseded (a)in notfewer later than 15 yearyears after suchthe date of enactment.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).

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 44(a) in order to improve the accuracy and timeliness of forecasts of the Administration;