The answer is affirmative.
Unfortunately, CWSA is actually championing legislation that would restrict the public's access to NWS data. Worse, it is trying to do so while claiming that its favored legislation would create a guarantee that the NWS share data with the public when, in fact, such an obligation already exists.
Let's take a closer look at S.786 and existing rules governing data:
OMB Circular A-130 currently governs the data obligations of federal entities, including the NOAA/NWS.
Information for the public should be "more easily accessible and useful"
How will agencies carry out electronic information dissemination?
Agencies will use electronic media and formats, including public networks, as appropriate and within budgetary constraints, in order to make government information more easily accessible and useful to the public...
In determining whether and how to disseminate information to the public, agencies will:
Disseminate information in a manner that achieves the best balance between the goals of maximizing the usefulness of the information and minimizing the cost to the government and the public;
Disseminate information dissemination products on equitable and timely terms;
Take advantage of all dissemination channels, Federal and nonfederal, including State and local governments, libraries and private sector entities, in discharging agency information dissemination responsibilities...
Current policy bars granting of exclusive distribution arrangements
How must agencies avoid improperly restrictive practices?
Agencies will:
Avoid establishing, or permitting others to establish on their behalf, exclusive, restricted, or other distribution arrangements that interfere with the availability of information dissemination products on a timely and equitable basis...
Existing NOAA Policy Reaffirms The Terms of This Regulation:
NOAA will adhere to the policies contained in the Paperwork Reduction Act, the Government Paperwork Elimination Act, OMB Circular No. A-130, "Management of Federal Information Resources," and other relevant laws. These policies are based on the premise that government information is a valuable national resource, and the benefits to society are maximized when government information is available in a timely and equitable manner to all.
S.786 runs counter to OMB Circular A-130
S.786 declares: Data, information, guidance, forecasts, and warnings shall be issued under paragraph (1) through a set of data portals designed for volume access by commercial providers of products or services...
This provision undermines the following terms of OMB Circular A-130, and therefore weakens, rather than strengthens, public access to information:
• As S.786 would only guarantee information would be available in raw format, it undermines the goal of making information "easily accessible" to the public.
• At the same time, as the raw format is not readily useful to the public, it also undermines the provision that the information be "useful to the public."
• As processed information e.g., enhanced radar displays, etc., would only be available through commercial providers, S.786 would undermine the provision that federal agencies/entities "Avoid establishing, or permitting others to establish on their behalf, exclusive, restricted, or other distribution arrangements that interfere with the availability of information dissemination products on a timely and equitable basis."
If there should be any doubt about the intent of S.786's advocates, the following illustrates their aims:
Barry Myers: At a March 2004 AMS forum, Barry Myers' (Accuweather Executive VP and member of the Board of Directors of CWSA) made the following complaint about the NWS guidelines, "The recognition that the private weather industry is ideally suited to put the NWS information database into a form and detail that can be utilized by specific users is deleted."
The statement that private industry is "ideally suited to put the NWS information database into a form and detail that can be utilized by specific users" suggests that Myers possibly had in mind the distribution of raw data only by the NWS.
Mike Smith: Mike Smith, CEO of WeatherData, former chairman of CWSA and one of the bill's leading advocates has provided what is likely a "smoking gun" in the debate concerning access to information. The May 11, 2005 edition of The Wichita Eagle reported, "Smith argues that the weather service could save money by not duplicating services provided by the private sector, such as customized digital cell phone forecasts, plotted maps and digests of severe storm reports and enhanced radar displays."
Key Points:
• CWSA claims, "Right now, the NWS doesn't have to provide any of its information to the public." OMB Circular A-130 and the NOAA's affirmation of its provisions demonstrates otherwise.
• Under current law, the public is ensured timely access to useful information. S.786's provision that "Data, information, guidance, forecasts, and warnings shall be issued under paragraph (1) through a set of data portals designed for volume access by commercial providers of products or services..." would eliminate the guarantee of public access to timely and useful information.
• Statements by two of S.786's key proponents suggest that it is their intent to restrict data.
In the end, given that one's taxes have paid for NWS information, one should continue to have access to such information. Therefore, if this guarantee is to be preserved, S.786 should be defeated.





