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

#### (a) Definitions

In this section:

#### (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) 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.

#### (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; 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.

#### (6) Operational model

The term "operational model" means any model that has an output used by the Administration 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, as determined by the Administrator.

#### (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 determines appropriate; and

(2) to use vetted innovations arising from access described in paragraph (1) to improve modeling by the Administration.

#### (c) Plan and implementation of plan to make certain models and data available to the public

#### (1) In general

The Administrator 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.

(B) Models that are not operational models, including experimental and developmental models, as the Administrator determines appropriate.

(C) Applicable information and documentation for models described in subparagraphs (A) and (B), including a description of intended model outputs.

(D) Subject to subsection (f), 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—

(i) relevant metadata; and

(ii) data used for operational models used by the Administration as of December 23, 2022.

#### (2) Accommodations

In developing and implementing the plan under paragraph (1), the Administrator may make such accommodations as the Administrator 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 and 35;

(C) any trade secret or commercial or financial information subject to section 552(b)(4) of title 5;

(D) any models or data that are otherwise restricted by contract or other written agreement; or

(E) the mission of the Administration to protect lives and property.

#### (3) Priority

In developing and implementing the plan under paragraph (1), the Administrator shall prioritize making available to the public the models described in paragraph (1)(A).

#### (4) Protections for privacy and statistical information

In developing and implementing the plan under subsection (a), the Administrator shall ensure that all requirements incorporated into any models described in paragraph (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), the Administrator may exclude models that the Administrator determines will be retired or superseded in fewer than 5 years after December 23, 2022.

#### (6) Platforms

In carrying out paragraphs (1) and (2), the Administrator may use government servers, contracts or agreements with a private vendor, or any other platform consistent with the purpose of this title.2

#### (7) 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 paragraph (6), relevant to making operational models and data available to the public pursuant to the plan under subsection (a).

#### (8) Omitted

#### (d) 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 not employed by the Administration as Federal employees to the operational models made available to the public pursuant to the plan under subsection (c)(1) in order to improve the accuracy and timeliness of forecasts of the Administration; and

(2) if the Administrator 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 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);

(B) the process of the Administration under subsection (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 2 or the Crowdsourcing and Citizen Science Act (15 U.S.C. 3724), 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, and any other Administration 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, in consultation with the Secretary of Defense, as appropriate, shall withhold any model or data if the Administrator 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.

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

#### **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.

1 So in original. Probably should be "does".

2 See References in Text note below.