View all text of Subchapter I [§ 8511 - § 8521]
§ 8512a. Learning excellence and good examples from new developers
(a) DefinitionsIn this section:
(1) Administration
(2) Administrator
(3) Earth Prediction Innovation Center
(4) ModelThe 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
(6) Operational model
(7) Suitable model
(b) PurposesThe 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 generalThe 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) AccommodationsIn 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
1 So in original. Probably should be “does”.
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
(4) Protections for privacy and statistical information
(5) Exclusion of certain models
(6) Platforms
(7) Support program
(8) Omitted
(d) Requirement to review models and leverage innovationsThe 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 generalNot 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 definedIn 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
(2) Rule of construction
(g) Authorization of appropriations
(Pub. L. 117–263, div. J, title CVI, § 10601, Dec. 23, 2022, 136 Stat. 3995.)