---
kind: "section"
citation: "15 U.S.C. § 8512a"
title: "15"
title_heading: "Commerce and Trade"
number: "8512a"
heading: "Learning excellence and good examples from new developers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/8512a"
units:
  - "Chapter 111 — Weather Research and Forecasting Innovation"
  - "Subchapter I — United States Weather Research and Forecasting Improvement"
---

# §8512a. Learning excellence and good examples from new developers

- (a) **Definitions—** In this section:
  - (1) **Administration—** The term “[Administration](/usc/15/636e.md?p=1)” means the National Oceanic and Atmospheric [Administration](/usc/15/636e.md?p=1).
  - (2) **Administrator—** The term “[Administrator](/usc/15/636e.md?p=1)” means the [Under Secretary](/usc/15/8501.md?p=4) of Commerce for Oceans and Atmosphere and [Administrator](/usc/15/636e.md?p=1) of the National Oceanic and Atmospheric [Administration](/usc/15/636e.md?p=1).
  - (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 8512(b) of this title](/usc/15/8512.md?p=b).
  - (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](/usc/15/636e.md?p=1); or
    - (B) otherwise developed, in whole or in part, using Federal funds.
  - (5) **Open license—** The term “open license” has the same meaning given such term in [section 3502(21) of title 44](/usc/44/3502.md?p=21).
  - (6) **Operational model—** The term “operational model” means any model that has an output used by the [Administration](/usc/15/636e.md?p=1) for operational functions.
  - (7) **Suitable model—** The term “suitable model” means a model that meets the requirements described in paragraph (5)(E)(ii) of [section 8512(b) of this title](/usc/15/8512.md?p=b), as determined by the [Administrator](/usc/15/636e.md?p=1).
- (b) **Purposes—** The purposes of this section are—
  - (1) to support innovation in modeling by allowing interested stakeholders to have easy and complete access to operational model codes and to other models, as the [Administrator](/usc/15/636e.md?p=1) determines appropriate; and
  - (2) to use vetted innovations arising from access described in [paragraph (1)](#b-1) to improve modeling by the [Administration](/usc/15/636e.md?p=1).
- (c) **Plan and implementation of plan to make certain models and data available to the public—**
  - (1) **In general—** The [Administrator](/usc/15/636e.md?p=1) shall develop and implement a plan to make available to the public, at no cost and with no restrictions on copying, publishing, distributing, citing, adapting, or otherwise using under an open license, the following:
    - (A) Operational models developed by the [Administration](/usc/15/636e.md?p=1).
    - (B) Models that are not operational models, including experimental and developmental models, as the [Administrator](/usc/15/636e.md?p=1) determines appropriate.
    - (C) Applicable information and documentation for models described in subparagraphs [(A)](#c-1-A) and [(B)](#c-1-B), including a description of intended model outputs.
    - (D) Subject to [subsection (f)](#f), all data owned by the Federal Government and data that the [Administrator](/usc/15/636e.md?p=1) 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](/usc/15/636e.md?p=1), including—
      - (i) relevant metadata; and
      - (ii) data used for operational models used by the [Administration](/usc/15/636e.md?p=1) as of December 23, 2022.
  - (2) **Accommodations—** In developing and implementing the plan under [paragraph (1)](#c-1), the [Administrator](/usc/15/636e.md?p=1) may make such accommodations as the [Administrator](/usc/15/636e.md?p=1) considers appropriate to ensure that the public release of any model, information, documentation, or data pursuant to the plan do[^1] not jeopardize—
    - (A) national security;
    - (B) intellectual property or redistribution rights, including under titles [17](/usc/17.md) and [35](/usc/35.md);
    - (C) any trade secret or commercial or financial information subject to [section 552(b)(4) of title 5](/usc/5/552.md?p=b-4);
    - (D) any models or data that are otherwise restricted by contract or other written [agreement](/usc/15/7a.md?p=2); or
    - (E) the mission of the [Administration](/usc/15/636e.md?p=1) to protect lives and property.
  - (3) **Priority—** In developing and implementing the plan under [paragraph (1)](#c-1), the [Administrator](/usc/15/636e.md?p=1) shall prioritize making available to the public the models described in [paragraph (1)(A)](#c-1-A).
  - (4) **Protections for privacy and statistical information—** In developing and implementing the plan under [subsection (a)](#a), the [Administrator](/usc/15/636e.md?p=1) shall ensure that all requirements incorporated into any models described in [paragraph (1)(A)](#c-1-A) ensure compliance with statistical laws and other relevant data protection requirements, including the protection of any personally identifiable information.
  - (5) **Exclusion of certain models—** In developing and implementing the plan under [paragraph (1)](#c-1), the [Administrator](/usc/15/636e.md?p=1) may exclude models that the [Administrator](/usc/15/636e.md?p=1) determines will be retired or superseded in fewer than 5 years after December 23, 2022.
  - (6) **Platforms—** In carrying out paragraphs [(1)](#c-1) and [(2)](#c-2), the [Administrator](/usc/15/636e.md?p=1) may use government servers, contracts or [agreements](/usc/15/7a.md?p=2) with a private vendor, or any other platform consistent with the purpose of this title.[^2]
  - (7) **Support program—** The [Administrator](/usc/15/636e.md?p=1) shall plan for and establish a program to support infrastructure, including telecommunications and technology infrastructure of the [Administration](/usc/15/636e.md?p=1) and the platforms described in [paragraph (6)](#c-6), relevant to making operational models and data available to the public pursuant to the plan under [subsection (a)](#a).
  - (8) **Omitted—**
- (d) **Requirement to review models and leverage innovations—** The [Administrator](/usc/15/636e.md?p=1) shall—
  - (1) consistent with the mission of the Earth Prediction Innovation Center, periodically review innovations and improvements made by [persons](/usc/15/7a.md?p=6) not employed by the [Administration](/usc/15/636e.md?p=1) as Federal employees to the operational models made available to the public pursuant to the plan under [subsection (c)(1)](#c-1) in order to improve the accuracy and timeliness of forecasts of the [Administration](/usc/15/636e.md?p=1); and
  - (2) if the [Administrator](/usc/15/636e.md?p=1) identifies an innovation for a suitable model, develop and implement a plan to use the innovation to improve the model.
- (e) **Report on implementation—**
  - (1) **In general—** Not later than 2 years after December 23, 2022, the [Administrator](/usc/15/636e.md?p=1) shall submit to the appropriate congressional committees a report on the implementation of this section that includes a description of—
    - (A) the implementation of the plan required by [subsection (c)](#c);
    - (B) the process of the [Administration](/usc/15/636e.md?p=1) under [subsection (d)](#d)—
      - (i) for engaging with interested stakeholders to learn what innovations those stakeholders have found;
      - (ii) for reviewing those innovations; and
      - (iii) for operationalizing innovations to improve suitable models; and
    - (C) the use of any Federal financial assistance, including under [section 3719 of this title](/usc/15/3719.md)[^2] or the Crowdsourcing and Citizen Science Act ([15 U.S.C. 3724](/usc/15/3724.md)), in order to facilitate and incentivize the sharing of externally developed improvements for testing, evaluation, validation, and application to further improve the mission of the [Administration](/usc/15/636e.md?p=1), and any other [Administration](/usc/15/636e.md?p=1) priorities.
  - (2) **Appropriate congressional committees defined—** In this subsection, the term “appropriate congressional committees” means—
    - (A) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and
    - (B) the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives.
- (f) **Protection of national security interests—**
  - (1) **In general—** Notwithstanding any other provision of this section, for models developed in whole or in part with the Department of Defense, the [Administrator](/usc/15/636e.md?p=1), in consultation with the Secretary of Defense, as appropriate, shall withhold any model or data if the [Administrator](/usc/15/636e.md?p=1) or the Secretary of Defense determines doing so to be necessary to protect the national security interests of the United States.
  - (2) **Rule of construction—** Nothing in this section shall be construed to supersede any other provision of law governing the protection of the national security interests of the United States.
- (g) **Authorization of appropriations—** There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2023 through 2027.

## Footnotes

[^1]: So in original. Probably should be “does”.
[^2]: See References in Text note below.

## Source credit

(Pub. L. 117–263, div. J, title CVI, § 10601, Dec. 23, 2022, 136 Stat. 3995.)

## Notes

### Editorial Notes

### References in Text

This title, referred to in subsec. (c)(6), means title CVI of div. J of Pub. L. 117–263, which enacted this section and amended section 8512 of this title.

Section 3719 of this title, referred to in subsec. (e)(1)(C), was in the original “section 24 of the Stevenson-Wydler Technology Innovation Act of 1990” and was translated as reading “section 24 of the Stevenson-Wydler Technology Innovation Act of 1980”, to reflect the probable intent of Congress.

The Crowdsourcing and Citizen Science Act, referred to in subsec. (e)(1)(C), is section 402 of title IV of Pub. L. 114–329, Jan. 6, 2017, 130 Stat. 3019, which is classified to section 3724 of this title.

### Codification

Section was enacted as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Weather Research and Forecasting Innovation Act of 2017 which comprises this chapter.

Section is comprised of section 10601 of div. J of Pub. L. 117–263. Subsec. (c)(8) of section 10601 of div. J of Pub. L. 117–263 amended section 8512 of this title.