II 

★(Star Print) 

109TH CONGRESS 

1ST SESSION S. 786

To clarify the duties and responsibilities of the National Oceanic and Atmospheric Administration and the National Weather Service, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2005

Mr. SANTORUM introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

A BILL

To clarify the duties and responsibilities of the National 

Oceanic and Atmospheric Administration and the National Weather Service, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Weather 

5 Services Duties Act of 2005’’. 
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1 SEC. 2. DUTIES AND RESPONSIBILITIES OF NATIONAL OCE2 ANIC AND ATMOSPHERIC ADMINISTRATION 

3 AND NATIONAL WEATHER SERVICE. 

4 (a) NATIONAL WEATHER SERVICE.—To protect life 

5 and property, the Secretary of Commerce shall, through 

6 the National Weather Service, be responsible for the fol7 lowing: 

8 (1) The preparation and issuance of severe 

9 weather forecasts and warnings designed for the 

10 protection of life and property of the general public. 

11 (2) The preparation and issuance of 

12 hydrometeorological guidance and core forecast in13 formation. 

14 (3) The collection and exchange of meteorolog15 ical, hydrological, climatic, and oceanographic data 

16 and information. 

17 (4) The provision of reports, forecasts, warn18 ings, and other advice to the Secretary of Transpor19 tation and other persons pursuant to section 44720 

20 of title 49, United States Code. 

21 (5) Such other duties and responsibilities as the 

22 Secretary shall specify. 

23 (b) COMPETITION WITH PRIVATE SECTOR.—The 

24 Secretary of Commerce shall not provide, or assist other 

25 entities in providing, a product or service (other than a 
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1 product or service described in subsection (a)(1)) that is 

2 or could be provided by the private sector unless—

3 (1) the Secretary determines that the private 

4 sector is unwilling or unable to provide such product 

5 or service; or 

6 (2) the United States Government is obligated 

7 to provide such product or service under inter8 national aviation agreements to provide meteorolog9 ical services and exchange meteorological informa10 tion. 

11 (c) ISSUANCE OF DATA, FORECASTS, AND WARN12 INGS.—

13 (1) IN GENERAL.—All data, information, guid14 ance, forecasts, and warnings received, collected, cre15 ated, or prepared by the National Oceanic and At16 mospheric Administration or the National Weather 

17 Service shall, to the maximum extent practicable, be 

18 issued in real time, and without delay for internal 

19 use, in a manner that ensures that all members of 

20 the public have the opportunity for simultaneous and 

21 equal access to such data, information, guidance, 

22 forecasts, and warnings. 

23 (2) MODE OF ISSUANCE.—Data, information, 

24 guidance, forecasts, and warnings shall be issued 

25 under paragraph (1) through a set of data portals 
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1 designed for volume access by commercial providers 

2 of products or services and by such other mecha3 nisms as the Secretary of Commerce considers ap4 propriate for purposes of that paragraph. 

5 (d) PROHIBITION ON CERTAIN DISCLOSURES.—An 

6 officer, employee, or agent of the National Oceanic and 

7 Atmospheric Administration, the National Weather Serv8 ice, or any other department or agency of the United 

9 States who by reason of that status comes into possession 

10 of any weather data, information, guidance, forecast, or 

11 warning that might influence or affect the market value 

12 of any product, service, commodity, tradable, or business 

13 may not—

14 (1) willfully impart, whether directly or indi15 rectly, such weather data, information, guidance, 

16 forecast, or warning, or any part thereof, before the 

17 issuance of such weather data, information, guid18 ance, forecast, or warning to the public under sub19 section (c); or 

20 (2) after the issuance of such weather data, in21 formation, guidance, forecast, or warning to the 

22 public under subsection (c), willfully impart com23 ments or qualifications on such weather data, infor24 mation, guidance, forecast, or warning, or any part 
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1 thereof, to the public, except pursuant to an 

2 issuance that complies with that subsection. 

3 (e) REGULATIONS.—Not later than 90 days after the 

4 date of the enactment of this Act, the Secretary of Com5 merce shall prescribe regulations to implement the provi6 sions of this section. 

7 (f) PRODUCT OR SERVICE DEFINED.—In this sec8 tion, the term ‘‘product or service’’ means a product, serv9 ice, device, or system that provides, senses, or commu10 nicates meteorological, hydrological, climatic, solar, or 

11 oceanographic data, forecasts, or other similar informa12 tion. 

13 (g) EFFECTIVE DATE.—The provisions of this sec14 tion (other than subsection (e)) shall take effect 90 days 

15 after the date of the enactment of this Act. 

16 (h) CONFORMING AMENDMENTS.—The Act of Octo17 ber 1, 1890 (26 Stat. 653) is amended as follows: 

18 (1) Section 3 (15 U.S.C. 313) is repealed. 

19 (2) Section 9 (15 U.S.C. 317) is amended by 

20 striking ‘‘, and it shall be’’ and all that follows and 

21 inserting a period. 
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1 SEC. 3. REPORT ON MODIFICATION OF NATIONAL OCEANIC 

2 AND ATMOSPHERIC ADMINISTRATION AND 

3 NATIONAL WEATHER SERVICE ACTIVITIES. 

4 (a) REPORT.—Not later than 90 days after the date 

5 of the enactment of this Act, the Secretary of Commerce 

6 shall submit to the appropriate committees of Congress 

7 a report that sets forth—

8 (1) a detailed statement of the activities, if any, 

9 of the National Oceanic and Atmospheric Adminis10 tration and the National Weather Service that are 

11 inconsistent with the provisions of section 2; 

12 (2) a schedule for the modification of the activi13 ties referred to in paragraph (1) in order to conform 

14 such activities to the provisions of section 2; and 

15 (3) the regulations prescribed under section 

16 2(e). 

17 (b) APPROPRIATE COMMITTEES OF CONGRESS DE18 FINED.—In this section, the term ‘‘appropriate commit19 tees of Congress’’ means—

20 (1) the Committee on Commerce, Science, and 

21 Transportation of the Senate; and 

22 (2) the Committee on Science of the House of 

23 Representatives.

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