I 
116TH CONGRESS 
2D SESSION 
H. R. 8365 
To study the effects of new construction of obstructions on accurate weather 
forecasting, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 23, 2020 
Mr. THORNBERRY introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committee on Science, Space, and Technology, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To study the effects of new construction of obstructions 
on accurate weather forecasting, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Accurate Weather for 
Public Safety Act’’. 
SEC. 2. STRUCTURES INTERFERING WITH AIR COMMERCE 
OR NATIONAL SECURITY. 
Section 44718(a) of title 49, United States Code, is 
amended— 
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(1) in paragraph (2) by striking ‘‘; or’’ and in-
serting a semicolon; 
(2) by redesignating paragraph (3) as para-
graph (4); and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) the ability of any Federal agency engaged 
in meteorological or atmospheric observations to ac-
curately forecast weather; or’’. 
SEC. 3. STUDY ON EFFECTS OF NEW CONSTRUCTION OF OB-
STRUCTIONS ON ACCURATE WEATHER OB-
SERVATIONS AND FORECASTING. 
(a) OBJECTIVE.—It shall be an objective of the De-
partment of Commerce to ensure that the robust develop-
ment of renewable energy sources and the increased resil-
iency of the commercial electrical grid may move forward 
in the United States, while minimizing or mitigating any 
adverse impacts on accurate weather forecasting and en-
suring public safety. 
(b) DESIGNATION OF SENIOR OFFICIAL AND LEAD 
ORGANIZATION.— 
(1) DESIGNATION.—Not later than 30 days 
after the date of the enactment of this Act, the Sec-
retary of Commerce shall designate a senior official 
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of the National Weather Service, and a lead organi-
zation of the National Weather Service, to— 
(A) serve as the executive agent to carry 
out the review required by subsection (d); 
(B) serve as a clearinghouse to coordinate 
Department of Commerce review of applications 
for projects filed with the Secretary of Trans-
portation on and after the date of enactment of 
this Act and pursuant to section 44718 of title 
49, United States Code, and received by the 
Department of Commerce from the Secretary of 
Transportation; and 
(C) accelerate the development of planning 
tools necessary to determine the acceptability to 
the National Weather Service of proposals in-
cluded in an application for a project submitted 
pursuant to such section. 
(2) RESOURCES.—The Secretary shall ensure 
that the senior official and lead organization des-
ignated under paragraph (1) are assigned such per-
sonnel and resources as the Secretary considers ap-
propriate to carry out this section. 
(c) INITIAL ACTIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
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Commerce, acting through the senior official and lead or-
ganization designated pursuant to subsection (b), shall— 
(1) conduct a preliminary review of each appli-
cation for a project filed with the Secretary of 
Transportation pursuant to section 44718 of title 
49, United States Code, that may have an adverse 
impact on accurate weather observations or fore-
casting and public safety, unless such project has 
been granted a determination of no hazard, which 
shall, at a minimum include for each such project— 
(A) assess the likely scope of any adverse 
impact of such project on accurate weather ob-
servations or forecasting and public safety; and 
(B) identify any corrective action plan and 
feasible mitigation actions that could be taken 
in the immediate future by the National Weath-
er Service, the developer of such project, or oth-
ers to mitigate such adverse impact and to min-
imize risks to the ability of any Federal agency 
engaged in meteorological or atmospheric obser-
vations to accurately forecast weather and to 
ensure public safety, while allowing such project 
to proceed with development; 
(2) develop, in coordination with other depart-
ments and agencies of the Federal Government, an 
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integrated review process to ensure timely notifica-
tion and consideration of projects filed with the Sec-
retary of Transportation pursuant to section 44718 
of title 49, United States Code, that may have an 
adverse impact on accurate weather observations or 
forecasting and public safety; 
(3) establish procedures for the National 
Weather Service for the coordinated consideration of 
and response to a request for a review received from 
State and local officials or the developer of a renew-
able energy development or other energy project, in-
cluding guidance to personnel at each local National 
Weather Services facility in the United States on 
how to initiate such procedures and ensure a coordi-
nated agency response while seeking to fulfil the ob-
jective under subsection (a); and 
(4) develop procedures for conducting early out-
reach to parties carrying out projects filed with the 
Secretary of Transportation pursuant to section 
44718 of title 49, United States Code, that could 
have an adverse impact on accurate weather obser-
vations and forecasting and public safety, and to the 
general public, to clearly communicate notice on ac-
tions being taken by the National Weather Service 
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under this section and to receive comments from 
such parties and the general public on such actions. 
(d) COMPREHENSIVE REVIEW.— 
(1) STRATEGY REQUIRED.—Not later than 270 
days after the date of the enactment of this Act, the 
Secretary of Commerce, acting through the senior 
official and lead organization designated pursuant to 
subsection (b), shall develop a comprehensive strat-
egy for addressing the weather forecasting and pub-
lic safety impacts of projects filed with the Secretary 
of Transportation pursuant to section 44718 of title 
49, United States Code. 
(2) ELEMENTS.—In developing the strategy re-
quired by paragraph (1), the Secretary of Commerce 
shall— 
(A) assess of the magnitude of interference 
posed by projects filed with the Secretary of 
Transportation pursuant to section 44718 of 
title 49, United States Code; 
(B) identify geographic areas selected as 
proposed locations for projects filed, or which 
may be filed in the future, with the Secretary 
of Transportation pursuant to section 44718 of 
title 49, United States Code, where such 
projects could have an adverse impact on accu-
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rate weather forecasting and public safety, and 
categorize the risk of adverse impact in such 
areas as high, medium, or low for the purpose 
of informing early outreach efforts under sub-
section (c)(4) and preliminary assessments 
under subsection (e); and 
(C) specifically identify a corrective action 
plan and feasible mitigation longterm actions 
that may be taken to mitigate adverse impacts 
of projects filed, or which may be filed in the 
future, with the Secretary of Transportation 
pursuant to section 44718 of title 49, United 
States Code, on accurate weather observations 
and forecasting and public safety. 
(e) NATIONAL WEATHER SERVICE HAZARD ASSESS-
MENT.— 
(1) PRELIMINARY
ASSESSMENT.—The proce-
dures established pursuant to subsection (c) shall 
ensure that not later than 60 days after receiving a 
proper application for a project filed with the Sec-
retary of Transportation pursuant to section 44718 
of title 49, United States Code, the Secretary of 
Commerce shall review the project and provide a 
preliminary assessment of the level of risk of adverse 
impact on accurate weather observations or fore-
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casting and public safety that would arise from the 
project and the extent of mitigation that may be 
needed to address such risk. 
(2) 
DETERMINATION
OF
UNACCEPTABLE 
RISK.—The procedures established pursuant to sub-
section (c) shall ensure that the Secretary of Com-
merce does not object to a project filed with the Sec-
retary of Transportation pursuant to section 44718 
of title 49, United States Code, except in a case in 
which the Secretary of Commerce determines, after 
giving full consideration to mitigation actions identi-
fied pursuant to this section, that such project would 
result in an unacceptable risk to the ability of mete-
orological agencies to accurately observe and forecast 
weather and ensure public safety. 
(3) CONGRESSIONAL NOTICE REQUIREMENT.— 
Not later than 30 days after making a determination 
of unacceptable risk under paragraph (2), the Sec-
retary of Commerce shall submit to the Committee 
on Energy and Commerce of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
on such determination and the basis for such deter-
mination. Such a report shall include an explanation 
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of the operational impact that led to the determina-
tion, a discussion of the mitigation options consid-
ered, and an explanation of why the mitigation op-
tions were not feasible or did not resolve the conflict. 
(f) REPORTS.— 
(1) REPORT
TO
CONGRESS.—Not later than 
March 15 each year following the year of the date 
of enactment of this Act through 2025, the Sec-
retary of Commerce shall submit to the Committee 
on Energy and Commerce of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
on the actions taken by the Department of Com-
merce during the preceding year to implement this 
section and the comprehensive strategy developed 
pursuant to this section. 
(2) CONTENTS OF REPORT.—Each report sub-
mitted under paragraph (1) shall include— 
(A) the results of a review carried out by 
the National Weather Service of any projects 
filed with the Secretary of Transportation pur-
suant to section 44718 of title 49, United 
States Code— 
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