SENATE BILL 786
Title: A bill to clarify the duties and responsibilities of the National Weather Service, and for other purposes. Sponsor: Sen Santorum, Rick [PA] (introduced 4/14/2005) Cosponsors (None) Latest Major Action: 4/14/2005 Referred to Senate committee. Status: Read twice and referred to the Committee on Commerce, Science, and Transportation.
ALL ACTIONS: (color indicates Senate actions)
4/14/2005: Introductory remarks on measure. (CR S3658)
4/14/2005: Read twice and referred to the Committee on Commerce, Science, and Transportation.
COMMITTEE(S):
Committee/Subcommittee: Activity: Senate Commerce, Science, and Transportation Referral, In Committee
TEXT:
To clarify the duties and responsibilities of the National Weather Service, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Weather Service Duties Act of 2005.’
SEC. 2. DUTIES AND RESPONSIBILITIES OF NATIONAL WEATHER SERVICE.
(a) IN GENERAL- (1) To protect life and property, the Secretary of Commerce shall, through the National Weather Service, be responsible for the following:
(A) The preparation and issuance of severe weather warnings and forecasts designed for the protection of life and property of the general public.
(B) The preparation and issuance of hydrometeorological guidance and core forecast information.
(C) The collection and exchange of meteorological, hydrological, climatic, and oceanographic data and information.
(D) The provision of reports, forecasts, warnings, and other advice to the Secretary of Transportation and other persons pursuant to section 44720 of title 49, United States Code.
(E) Such other duties and responsibilities as the Secretary shall specify.
(2) The National Weather Service shall serve as the sole official source of flood warnings and severe weather warnings.
(b) COMPETITION WITH PRIVATE SECTOR- The National Weather Service shall not provide, or assist other entities in providing, a service or product (other than a service or product described in subsection (a)(1)(A)) that is or could be provided by the private sector unless–
(1) the Secretary determines that the private sector is unwilling or unable to provide such service or product; or
(2) the United States Government is obligated to provide such service or product under international aviation agreements to provide meteorological services and exchange meteorological information.
(c) ISSUANCE OF DATA, FORECASTS, AND WARNINGS- All data, information, guidance, forecasts, and warnings received, collected, created, or prepared by the National Weather Service shall, to the maximum extent practicable, be issued in real time, and without delay, in a manner that ensures that all members of the public have the opportunity for simultaneous and equal access to such data, information, guidance, forecasts, and warnings.
(d) PROHIBITION ON CERTAIN DISCLOSURES- An officer, employee, or agent of the National Weather Service, or of any other department or agency of the United States, who comes by reason of that status into possession of any weather data, information, guidance, forecast, or warning that might influence or affect the market value of any product, service, commodity, tradable, or business may not–
(1) willfully impart, whether directly or indirectly, such weather data, information, guidance, forecast, or warning, or any part thereof, before the issuance of such weather data, information, guidance, forecast, or warning to the public under subsection ©; or
(2) after the issuance of such weather data, information, guidance, forecast, or warning to the public under subsection ©, willfully impart comments or qualifications on such weather data, information, guidance, forecast, or warning, or any part thereof, to the public, except pursuant to an issuance that complies with that subsection.
(e) REGULATIONS- Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe regulations to implement the provisions of this section.
(f) EFFECTIVE DATE- The provisions of this section (other than subsection (e)) shall take effect 90 days after the date of the enactment of this Act.
(g) CONFORMING AMENDMENTS- The Act of October 1, 1890 (26 Stat. 653) is amended as follows:
(1) Section 3 (15 U.S.C. 313) is repealed.
(2) Section 9 (15 U.S.C. 317) is amended by striking `, and it shall be’ and all that follows and inserting a period.
SEC. 3. REPORT ON MODIFICATION OF NATIONAL WEATHER SERVICE ACTIVITIES.
(a) REPORT REQUIRED- Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to the appropriate committees of Congress a report that sets forth–
(1) a detailed statement of the activities of the National Weather Service that are inconsistent with the provisions of section 2;
(2) a schedule for the modification of the activities referred to in paragraph (1) in order to conform such activities to the provisions of section 2; and
(3) the regulations prescribed under section 2(e).
(b) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this section, the term `appropriate committees of Congress’ means–
(1) the Committee on Commerce, Science, and Transportation of the Senate; and
(2) the Committee on Science of the House of Representatives.
This is an attempt to shut off an extremely useful government service (providing accurate, timely, and detailed weather reporting) so commercial “services” can make money by providing it instead. It’s no surprise that Accuweather is located in… Pennsylvania.
The National Weather Service (NWS) web site at http://www.erh.noaa.gov/ifps/MapClick.php?CityName=Philadelphia&state=PA&site=PHI (this is for Philadelphia… just enter your zip code for your own forecast) is great. I can check the radar and see within a few minutes of when the rainfall will start at my specific location. If I try to get the same info on Accuweather, it is less detailed, and I have to be bombarded by advertising.
This legislation is a great example of the power of money to buy legislative influence for private economic gain. My taxes have already paid for the data used by NWS, and it is a very valuable service to me and countless others. It is outrageous to see section 2(b) attempting to outlaw this service, calling it “COMPETITION WITH PRIVATE SECTOR.” If the private sector can do it better, that’s fine, but if the private sector needs to be “protected” from an efficient and effective government service, that is simply bad policy.
We own a sailboat and cruise the Southeastern US Atlantic and Bahamas waters on a regular basis. Like all pleasure boat owners in the region, our activities (on the water) often depend on the information we get from NOAA – local & regional weather, tides, wave height, wave frequency, buoy readings, etc. The convenience of a single source providing continuous, comprehensive information on the subjects is critical to safety at sea.
Tampering with NOAA under the disguise that it is competing with the private sector is “pork†… and it stinks.
Maybe Senator Santorum should go to sea based on information gathered from the Weather Channel, or local television & radio, or some other commercial organization trying to squeeze out a dime for its shareholders.
Each and every US Senator needs to hear from a number of people in his state that SB 786 needs to be defeated. The reasons are obvious, and include 1. removing an excellent government service that we pay for, and instead making us pay for it again, in an inferior form; 2. safety concerns due to lack of free and widely available forecasts. You should clearly state that the services that re-sell the NWS information do not generate the information themselves. They get it for free, because we pay for the government to produce it.
Search for your senators’ website, and submit an e-mail; or better yet, write them a letter.
Remember Sen. Santorum used to be a forecaster for “The Weather Channel” in the late 90’s. Now he is introducing this?
I do not wonder what his intention is. I just wonder how soon it will cost lives? How often have we had to wait for the inaccurate forecasts from “The Weather Channel” to finally get around to our area, when the National Weather Service has the information available right now!
Shalom John,
Santorum used to be a weather bimbo? That’s too precious. Thanks for the informaiton.
B’shalom,
Jeff
Hmmm! A Repulican Senator coming down on the side of commercial interest at the expense of the common man! Boy am I surprised! Not!
Ron
Shalom Ron,
Yes, the world is truly a strange and wonderous place.
B’shalom,
Jeff