--- kind: "diff" citation: "S. 2597" bill: "116-s-2597" heading: "Learning Excellence and Good Examples from New Developers Act of 2020" from: "rs" from_label: "Reported in Senate" to: "es" to_label: "Engrossed in Senate" sections_amended: 7 sections_added: 0 sections_removed: 1 url: "https://uscodex.org/bills/116/s/2597/changes/es" --- # S. 2597 — what changed S. 2597, Learning Excellence and Good Examples from New Developers Act of 2020 — 7 sections amended and 1 removed between Reported in Senate and Engrossed in Senate. Edits are marked `struck` and `inserted`. ## Section 1 Short title - 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”. ## 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—Earth Prediction Innovation Center— The term model Earth Prediction Innovation Center means any numerical model of the Earth's community global weather research modeling system or its components produced by scientists employed by described in paragraph (5)(E) of section 102(b) of the Administration.Weather Research Forecasting and Innovation Act of 2017 (15 U.S.C. 8512(b)), as redesignated by section 4(g). - (4) Operational model—Model— The term operational model means any vetted numerical model that has an output used by and associated data assimilation of the Administration for operational Earth's system or public service functions.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) Open source code—Operational model— The term open source code operational model means computer code or programming language any model that is available has an output used by the Administration for public use or modification.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; Administration, as the Administrator determines appropriate; and - (2) to use vetted innovations arising from access provided under 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) Current and future operational Operational models developed by the Administration, in the form of open source code for a period consistent with applicable records retention requirements.Administration. - (2) All Government-owned data, subject to redistribution rights, associated with such models and used in Models that are not operational forecasting by models, including experimental and developmental models, as the Administration, including—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) [was (2)(4)(2)] relevant metadata; - (B) data used for operational models used by the Administration as of the date of the enactment of this Act; and - (B) data used for current operational forecasts; and - (C) [was (2)(4)(4)] a description of intended model outputs. - (b) Discretion To make experimental or development models available—Accommodations— The In developing and implementing the plan under subsection (a), the Administrator may make experimental or developmental models associated with development projects funded by such accommodations as the Administration available Administrator considers appropriate to ensure that the public as open source code.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) Platform—Priority— In carrying out subsections (a) developing and (b), implementing the plan under subsection (a), the Administrator may use government servers, contracts or agreements with a private vendor, or any other platform consistent with shall prioritize making available to the purpose of this Act.public the models described in subsection (a)(1). - (d) Technical correction—Exclusion of certain models— Section 102(b) of the Weather Research Forecasting In developing and Innovation Act of 2017 (15 U.S.C. 8512(b)) is amended by redesignating implementing the second paragraph (4) (as added by section 4(a) 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 National Integrated Drought Information System Reauthorization Act enactment of 2018 (Public Law 115–423)) as paragraph (5).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). - (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 pursuant to the plan under section 4 4(a) 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, 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 1 year 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) how operational models have been made publicly available as the implementation of the plan required by section 4(a); and4; - (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.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 Administrator, in consultation with the Secretary of Defense, as appropriate, may withhold models any model 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 Funding — removed - The Administrator shall carry out this Act using amounts available to the Administrator for fiscal years 2021 through 2026.