Someone posted these comments...
For those of you who have doubts about the intent of
this legislation, here are the remarks from The
Congressional Record made by Sen. Santorum when he
introduced the bill on the Senate floor...
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S. 786. A bill to clarify the duties and
responsibilities of the National Weather Service, and
for other purposes; to the Committee on Commerce,
Science, and Transportation.
Mr. SANTORUM. Mr. President, I rise to introduce
the National Weather Services Duties Act of 2005 to
clarify the responsibilities of the National Weather
Service (NWS) within the National Oceanic and
Atmospheric Association, NOAA. This legislation
modernizes the statutory description of NWS roles in
the national weather enterprise so that it reflects
today's reality in which the NWS and the commercial
weather industry both play important parts in
providing weather products and services to the Nation.
Back in 1890 when the current NWS organic statute
was enacted, and all the way through World War II, the
public received its weather forecasts and warnings
almost exclusively from the Weather Bureau, the NWS's
predecessor. In the late 1940s, a fledging weather
service industry began to develop. From then until
December 2004, the NWS has had policies sensitive to
the importance of fostering the industry's expansion,
and since 1948 has had formal policies discouraging
its competition with industry. Fourteen years ago the
NWS took the extra step of carefully delineating the
respective roles of the NWS and the commercial weather
industry, in addition to pledging its intention not to
provide products or services that were or could be
provided by the commercial weather industry. This
longstanding non-competition and non-duplication
policy has had the effect of facilitating the growth
of the industry into a billion dollar sector and of
strengthening and extending the national weather
enterprise, now the best in the world.
Regrettably, the parent agency of the NWS, NOAA,
repealed the 1991 non-competition and non-duplication
policy in December 2004. Its new policy only promises
to ``give due consideration'' to the abilities of
private sector entities. The new policy appears to
signal the intention of NOAA and the NWS to expand
their activities into areas that are already well
served by the commercial weather industry. This
detracts from NWS's core missions of maintaining a
modem and effective meteorological infrastructure,
collecting comprehensive observational data, and
issuing warnings and forecasts of severe weather that
imperils life and property.
Additionally, NOAA's action threatens the continued
success of the commercial weather industry. It is not
an easy prospect for a business to attract
advertisers, subscribers, or investors when the
government is providing similar products and services
for free. This bill restores the NWS non-competition
policy. However, the legislation leaves NWS with
complete and unfettered freedom to carry out its
critical role of preparing and issuing severe weather
warnings and forecasts designed for the protection of
life and property of the general public. I believe it
is in the best interest of both the government and NWS
to concentrate on this critical role and its other
core missions. The beauty of a highly competent
private sector is that services that are not
inherently involved in public safety and security can
be carried out with little or no expenditure of
taxpayer dollars. At a time of tight agency budgets,
the commercial weather industry's increasing
capabilities offer the Federal Government the
opportunity to focus its resources on the governmental
functions of collecring and distributing weather data,
research and development of atmospheric models and
core forecasts, and on ensuring that NWS
meteorologists provide the most timely and accurate
warnings and forecasts of life-threatening weather.
The National Weather Service Duties Act also
addresses the potential misuse of insider information.
Currently, NOAA and the NWS are doing little to
safeguard the NWS information that could be used by
opportunistic investors to gain unfair profits in the
weather futures markets, in the agriculture and energy
markets, and in other business segments influenced by
government weather outlooks, forecasts, and warnings.
No one knows who may be taking advantage of this
information. In recent years there have been various
examples of NWS personnel providing such information
to specific TV stations and others that enable those
businesses to secure an advantage over their
competitors. The best way to address this problem is
to require that NWS data, information, guidance,
forecasts and warnings be issued in real time and
simultaneously to all members of the public, the media
and the commercial weather industry. This bill imposes
just such a requirement, which is common to other
Federal agencies. The responsibilities of the
commercial weather industry as the only private sector
producer of weather information, services and systems
deserve this definition to ensure continued growth and
investment in the private sector and to properly focus
the government's activities.
We have every right to expect these agencies to
minimize unnecessary, competitive, and commercial-type
activities, and to do the best possible job of warning
the public about impending flash floods, hurricanes,
tornadoes, tsunamis, and other potentially
catastrophic events. I encourage my colleagues to
support this important piece of legislation.