[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 881 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 881

 To improve understanding and forecasting of space weather events, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2019

Mr. Peters (for himself and Mr. Gardner) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To improve understanding and forecasting of space weather events, 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 ``Space Weather Research and 
Forecasting Act''.

SEC. 2. SPACE WEATHER.

    (a) In General.--Subtitle VI of title 51, United States Code, is 
amended by adding after chapter 605 the following:

                      ``CHAPTER 607--SPACE WEATHER

``Sec.
``60701. Space weather.
``60702. Observations and forecasting.
``60703. Research and technology.
``60704. Space weather data.
``Sec. 60701. Space weather
    ``(a) Findings.--Congress makes the following findings:
            ``(1) Space weather events pose a significant threat to 
        ground-based and space-based critical infrastructure, modern 
        technological systems, and humans working in space.
            ``(2) The effects of severe space weather events on the 
        electric power grid, satellites and satellite communications 
        and information, aviation operations, astronauts living and 
        working in space, and space-based position, navigation, and 
        timing systems could have significant societal, economic, 
        national security, and health impacts.
            ``(3) Earth and space observations provide crucial data 
        necessary to predict and warn about space weather events.
            ``(4) Clear roles and accountability of Federal departments 
        and agencies are critical for an efficient and effective 
        response to threats posed by space weather.
            ``(5) Space weather observation and forecasting are 
        essential for the success of space exploration.
            ``(6) In October 2015, the National Science and Technology 
        Council published a National Space Weather Strategy and a 
        National Space Weather Action Plan seeking to integrate 
        national space weather efforts and add new capabilities to meet 
        increasing demand for space weather information.
    ``(b) Federal Agency Roles.--
            ``(1) Findings.--Congress makes the following findings:
                    ``(A) The National Oceanic and Atmospheric 
                Administration--
                            ``(i) provides operational space weather 
                        forecasting and monitoring for civil 
                        applications;
                            ``(ii) maintains ground and space-based 
                        assets to provide observations needed for 
                        forecasting, prediction, and warnings;
                            ``(iii) provides research to support 
                        operation responsibilities; and
                            ``(iv) develops requirements for space 
                        weather forecasting technologies and science.
                    ``(B) The Department of Defense provides 
                operational space weather forecasting, monitoring, and 
                research for the department's unique missions and 
                applications.
                    ``(C) The National Aeronautics and Space 
                Administration provides increased understanding of the 
                fundamental physics of the Sun-Earth system through 
                space-based observations and modeling, develops new 
                space-based technologies and missions, and monitors 
                space weather for NASA's space missions.
                    ``(D) The National Science Foundation provides 
                increased understanding of the Sun-Earth system through 
                ground-based measurements, technologies, and modeling.
                    ``(E) The Department of the Interior collects, 
                distributes, and archives operational ground-based 
                magnetometer data in the United States and its 
                territories, works with the international community to 
                improve global geophysical monitoring, and develops 
                crustal conductivity models to assess and mitigate risk 
                from space weather induced electric ground currents.
                    ``(F) The Federal Aviation Administration provides 
                operational requirements for space weather services in 
                support of aviation and for coordination of these 
                requirements with the International Civil Aviation 
                Organization, integrates space weather data and 
                products into the Next Generation Air Transportation 
                System.
            ``(2) Office of science and technology policy.--The 
        Director of the Office of Science and Technology Policy shall--
                    ``(A) coordinate the development and implementation 
                of Federal Government activities to improve the ability 
                of the United States to prepare, avoid, mitigate, 
                respond to, and recover from potentially devastating 
                impacts of space weather events; and
                    ``(B) coordinate the activities of the space 
                weather interagency working group established under 
                subsection (c).
    ``(c) Space Weather Interagency Working Group.--The National 
Science and Technology Council shall establish an interagency working 
group on space weather (referred to in this section as the `interagency 
working group') to continue coordination of executive branch efforts to 
understand, prepare, coordinate, and plan for space weather.
    ``(d) Membership.--In order to understand and respond to the 
adverse effects of space weather, the interagency working group shall 
leverage capabilities across participating Federal agencies, 
including--
            ``(1) the National Oceanic and Atmospheric Administration;
            ``(2) the National Aeronautics and Space Administration;
            ``(3) the National Science Foundation;
            ``(4) the Department of Defense;
            ``(5) the Department of the Interior;
            ``(6) the Department of Homeland Security;
            ``(7) the Department of Energy;
            ``(8) the Department of Transportation, including the 
        Federal Aviation Administration; and
            ``(9) the Department of State.
    ``(e) Interagency Agreements.--
            ``(1) Sense of congress.--It is the sense of Congress that 
        the interagency collaboration between the National Aeronautics 
        and Space Administration and the National Oceanic and 
        Atmospheric Administration on terrestrial weather observations 
        provides--
                    ``(A) an effective mechanism for improving weather 
                and climate data collection while avoiding unnecessary 
                duplication of capabilities across Federal agencies; 
                and
                    ``(B) an agency collaboration model that could 
                benefit space weather observations.
            ``(2) Interagency agreements.--The Administrator of the 
        National Aeronautics and Space Administration and the 
        Administrator of the National Oceanic and Atmospheric 
        Administration shall enter into one or more interagency 
        agreements providing for cooperation and collaboration in the 
        development of space weather spacecraft, instruments, and 
        technologies in accordance with this chapter.
    ``(f) Space Weather Advisory Group.--
            ``(1) Establishment.--The interagency working group shall 
        establish a space weather advisory group (in this chapter 
        referred to as the `advisory group') to facilitate 
        communication and knowledge transfer among Federal Government 
        agencies, the academic community, the commercial sector, and 
        space weather end users.
            ``(2) Composition.--The advisory group shall be composed of 
        not more than 15 members appointed by the interagency working 
        group, of whom--
                    ``(A) 5 members shall be representatives of the 
                academic community;
                    ``(B) 5 members shall be representatives of the 
                commercial sector; and
                    ``(C) 5 members shall be nongovernmental 
                representatives of the space weather end user 
                community.
            ``(3) Chair.--Not later than 30 days after the date on 
        which the last member of the advisory group is appointed under 
        paragraph (2), the interagency working group shall appoint 1 
        member as the Chair of the advisory group.
            ``(4) Terms.--The length of the term of each member of the 
        advisory group shall be 3 years beginning on the date on which 
        the member is appointed.
            ``(5) Term limits.--
                    ``(A) In general.--A member of the advisory group 
                may not serve on the advisory group for more than 2 
                consecutive terms.
                    ``(B) Chair.--A member of the advisory group may 
                not serve as the Chair of the advisory group for more 
                than 2 terms, regardless of whether the terms are 
                consecutive.
            ``(6) Duties.--The duties of the advisory group shall be as 
        follows:
                    ``(A) To facilitate advances in the space weather 
                enterprise of the United States.
                    ``(B) To improve the ability of the United States 
                to prepare for, avoid, mitigate, respond to, and 
                recover from space weather events.
                    ``(C) To enable the coordination of research to 
                operations and operations to research, as described in 
                section 60703(d).
                    ``(D) To advise the interagency working group with 
                respect to the development and implementation of the 
                integrated strategy developed under section 60702(b) 
                and subsequent updates and reevaluations.
``Sec. 60702. Observations and forecasting
    ``(a) Policy.--It is the policy of the United States to establish 
and sustain a baseline capability for space weather observations.
    ``(b) Integrated Strategy.--
            ``(1) In general.--The Director of the Office of Science 
        and Technology Policy, in coordination with the Administrator 
        of the National Oceanic and Atmospheric Administration, the 
        Administrator of the National Aeronautics and Space 
        Administration, the Director of the National Science 
        Foundation, and the Secretary of Defense, and in consultation 
        with the academic community, the commercial sector, and the 
        advisory group shall develop an integrated strategy for solar, 
        solar wind, and geospace observations beyond the lifetime of 
        current assets that considers the provision of solar, solar 
        wind, and geospace measurements and other space weather 
        measurements--
                    ``(A) essential to space weather forecasting; and
                    ``(B) important for scientific purposes.
            ``(2) Considerations.--In developing the strategy under 
        paragraph (1), the Director of the Office of Science and 
        Technology Policy shall--
                    ``(A) consider small satellite options, hosted 
                payloads, commercial options, international options, 
                and prize authority; and
                    ``(B) leverage and build on work conducted before 
                the date of the enactment of this chapter by the 
                National Science and Technology Council with respect to 
                space weather.
    ``(c) Critical Observations.--In order to sustain current space-
based observational capabilities, the Administrator of the National 
Aeronautics and Space Administration shall--
            ``(1) in cooperation with the European Space Agency and 
        other international and interagency partners, maintain 
        operations of the Solar and Heliospheric Observatory/Large 
        Angle and Spectrometric Coronagraph (referred to in this 
        section as `SOHO/LASCO') for as long as the satellite continues 
        to deliver quality observations; and
            ``(2) prioritize the reception of LASCO data.
    ``(d) Additional Capability for Solar Imaging.--
            ``(1) In general.--The Administrator of the National 
        Oceanic and Atmospheric Administration shall secure reliable 
        secondary capability for near real-time coronal mass ejection 
        imagery.
            ``(2) Options.--The Administrator of the National Oceanic 
        and Atmospheric Administration, in coordination with the 
        Secretary of Defense and the Administrator of the National 
        Aeronautics and Space Administration, shall develop options to 
        build and deploy one or more instruments for near real-time 
        coronal mass ejection imagery.
            ``(3) Considerations.--In developing options under 
        paragraph (2), the Administrator of the National Oceanic and 
        Atmospheric Administration shall consider commercial solutions, 
        prize authority, academic and international partnerships, 
        microsatellites, ground-based instruments, and opportunities to 
        deploy the instrument or instruments as a secondary payload on 
        an upcoming planned launch.
            ``(4) Costs.--In implementing paragraph (1), the 
        Administrator of the National Oceanic and Atmospheric 
        Administration shall prioritize a cost-effective solution.
            ``(5) Operational planning.--The Administrator of the 
        National Oceanic and Atmospheric Administration shall develop 
        an operational contingency plan to provide continuous space 
        weather forecasting in the event of a SOHO/LASCO failure.
            ``(6) Briefing.--Not later than 120 days after the date of 
        enactment of the Space Weather Research and Forecasting Act, 
        the Administrator of the National Oceanic and Atmospheric 
        Administration shall provide a briefing to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Science, Space, and Technology of the House of 
        Representatives on the options for building and deploying the 
        instrument or instruments described in paragraph (2) and the 
        operational contingency plan developed under paragraph (5).
    ``(e) Follow-On Space-Based Observations.--The Administrator of the 
National Oceanic and Atmospheric Administration, in coordination with 
the Secretary of Defense, shall develop requirements and a plan for 
follow-on space-based observations for operational purposes, in 
accordance with the integrated strategy developed under subsection (b).
    ``(f) Report.--Not later than 180 days after the date of enactment 
of the Space Weather Research and Forecasting Act, the Director of the 
Office of Science and Technology Policy shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Science, Space, and Technology of the House of 
Representatives a report on the integrated strategy under subsection 
(b), including the plans for follow-on space-based observations under 
subsection (e).
    ``(g) Ground-Based Observations.--The National Science Foundation, 
the United States Geological Survey, the Air Force, and where 
practicable in support of the Air Force, the Navy shall each--
            ``(1) maintain and improve, as necessary and advisable, 
        ground-based observations of the Sun to help meet the 
        priorities identified in section 60703(a); and
            ``(2) provide space weather data by means of its set of 
        ground-based facilities, including radars, lidars, 
        magnetometers, radio receivers, aurora and airglow imagers, 
        spectrometers, interferometers, and solar observatories.
    ``(h) Ground-Based Observations Data.--The National Science 
Foundation shall--
            ``(1) make available to the public key data streams from 
        the platforms described in subsection (g) for research and to 
        support space weather model development;
            ``(2) develop experimental models for scientific purposes; 
        and
            ``(3) support the transition of the experimental models to 
        operations where appropriate.
``Sec. 60703. Research and technology
    ``(a) User Needs.--
            ``(1) In general.--The Administrator of the National 
        Oceanic and Atmospheric Administration, the Secretary of the 
        Air Force, and where practicable in support of the Air Force, 
        the Secretary of the Navy, in conjunction with the heads of 
        other relevant Federal agencies, shall conduct a comprehensive 
        survey to identify and prioritize the needs of space weather 
        forecast users, including space weather data and space weather 
        forecast data needed to improve services and inform research 
        priorities and technology needs.
            ``(2) Contents.--In conducting the comprehensive survey 
        under paragraph (1), the Administrator of the National Oceanic 
        and Atmospheric Administration, the Secretary of the Air Force, 
        and where practicable in support of the Air Force, the 
        Secretary of the Navy, at a minimum, shall--
                    ``(A) consider the goals for forecast lead time, 
                accuracy, coverage, timeliness, data rate, and data 
                quality for space weather observations;
                    ``(B) identify opportunities to address the needs 
                identified under paragraph (1) through collaborations 
                with academia, the private sector, and the 
                international community;
                    ``(C) identify opportunities for new technologies 
                and instrumentation to address the needs identified 
                under paragraph (1); and
                    ``(D) publish a report on the findings under 
                subparagraphs (A) through (C).
            ``(3) Publication.--Not later than 1 year after the date of 
        the enactment of the Space Weather Research and Forecasting 
        Act, and every 3 years thereafter, the Administrator of the 
        National Oceanic and Atmospheric Administration, the Secretary 
        of the Air Force, and where practicable in support of the Air 
        Force, the Secretary of the Navy, shall--
                    ``(A) make the results of the comprehensive survey 
                publicly available; and
                    ``(B) notify the Committee on Commerce, Science, 
                and Transportation of the Senate and the Committee on 
                Science, Space, and Technology of the House of 
                Representatives of the publication under subparagraph 
                (A).
    ``(b) Research Activities.--
            ``(1) Basic research.--The Director of the National Science 
        Foundation, the Administrator of the National Aeronautics and 
        Space Administration, and the Secretary of Defense shall 
        continue to carry out basic research activities on 
        heliophysics, geospace science, and space weather and support 
        competitive, merit-based, peer-reviewed proposals for research, 
        modeling, and monitoring of space weather and its impacts, 
        including science goals outlined in Solar and Space Physics 
        Decadal surveys conducted by the National Academy of Sciences.
            ``(2) Multidisciplinary research.--
                    ``(A) Findings.--Congress finds that the 
                multidisciplinary nature of solar and space physics 
                creates funding challenges that require coordination 
                across scientific disciplines and Federal agencies.
                    ``(B) Multidisciplinary research.--The Director of 
                the National Science Foundation, the Administrator of 
                the National Oceanic and Atmospheric Administration, 
                and the Administrator of the National Aeronautics and 
                Space Administration shall pursue multidisciplinary 
                research in subjects that further our understanding of 
                solar physics, space physics, and space weather.
                    ``(C) Sense of congress.--It is the sense of 
                Congress that the Administrator of the National 
                Aeronautics and Space Administration and the Director 
                of the National Science Foundation should support 
                competitively awarded Heliophysics Science Centers.
    ``(c) Science Missions.--The Administrator of the National 
Aeronautics and Space Administration shall seek to implement missions 
that meet the science objectives identified in Solar and Space Physics 
Decadal surveys conducted by the National Academy of Sciences.
    ``(d) Research to Operations; Operations to Research.--
            ``(1) In general.--The Administrator of the National 
        Aeronautics and Space Administration, the Director of the 
        National Science Foundation, the Administrator of the National 
        Oceanic and Atmospheric Administration, the Secretary of the 
        Air Force, and where practicable in support of the Air Force, 
        the Secretary of the Navy, shall--
                    ``(A) develop a formal mechanism to transition 
                National Aeronautics and Space Administration, National 
                Science Foundation, United States Geological Survey, 
                Air Force, and Navy research findings, models, and 
                capabilities, as appropriate, to National Oceanic and 
                Atmospheric Administration and Department of Defense 
                space weather operational forecasting centers; and
                    ``(B) enhance coordination between research 
                modeling centers and forecasting centers.
            ``(2) Operational needs.--The Administrator of the National 
        Oceanic and Atmospheric Administration and the Secretary of 
        Defense, in coordination with the Administrator of the National 
        Aeronautics and Space Administration and the Director of the 
        National Science Foundation, shall develop a formal mechanism 
        to communicate the operational needs of space weather 
        forecasters to the research community.
    ``(e) Technology Development.--
            ``(1) Findings.--Congress finds that observations and 
        measurements closer to the Sun or at the Sun-Earth Lagrangian 
        L5 point with advanced instrumentation would provide for more 
        advanced warning of space weather disturbances (as defined in 
        section 3(a) of the Space Weather Research and Forecasting 
        Act).
            ``(2) Technology and instrumentation development.--The 
        Administrator of the National Aeronautics and Space 
        Administration and the Director of the National Science 
        Foundation shall support the development of technologies and 
        instrumentation to improve space weather forecasting lead-time 
        and accuracy to meet the needs identified by the Administrator 
        of the National Oceanic and Atmospheric Administration.
``Sec. 60704. Space weather data
    ``(a) In General.--The Administrator of the National Aeronautics 
and Space Administration and the Director of the National Science 
Foundation shall--
            ``(1) make space weather related data obtained for 
        scientific research purposes available to space weather 
        forecasters and operations centers; and
            ``(2) support model development and model applications to 
        space weather forecasting.
    ``(b) Research.--The Administrator of the National Oceanic and 
Atmospheric Administration shall make space weather related data 
obtained from operational forecasting available for scientific 
research.''.
    (b) Technical and Conforming Amendments.--
            (1) Repeal of section 809.--Section 809 of the National 
        Aeronautics and Space Administration Authorization Act of 2010 
        (42 U.S.C. 18388) and the item relating to that section in the 
        table of contents under section 1(b) of that Act (124 Stat. 
        2806) are repealed.
            (2) Table of chapters.--The table of chapters of title 51, 
        United States Code, is amended by adding after the item 
        relating to chapter 605 the following:

``607.  Space weather.......................................   60701''.

SEC. 3. SPACE WEATHER BENCHMARKS.

    (a) Definition of Space Weather Disturbance.--In this section, the 
term ``space weather disturbance'' includes geo-electric fields, 
ionizing radiation, ionospheric disturbances, solar radio bursts, and 
upper atmosphere expansion.
    (b) Benchmarks.--
            (1) Review.--The Administrator of the National Aeronautics 
        and Space Administration shall offer to enter into a contract 
        with the National Academy of Sciences to review the report of 
        the National Science and Technology Council entitled ``Space 
        Weather Phase 1 Benchmarks'' and dated June 2018.
            (2) Updates.--The space weather interagency working group 
        established under section 60701(c) of title 51, United States 
        Code, shall periodically review and update the benchmarks 
        described in the report referred to in paragraph (1), as 
        necessary, based on--
                    (A) the results of the review that paragraph;
                    (B) any significant new data or advances in 
                scientific understanding that become available; or
                    (C) the evolving needs of entities impacted by 
                space weather disturbances.

SEC. 4. PROTECTION OF CRITICAL INFRASTRUCTURE.

    (a) Definition of Sector-Specific Agency.--In this section, the 
term ``sector-specific agency'' has the meaning given the term in 
Presidential Policy Directive-21 of February 12, 2013 (Critical 
Infrastructure Security and Resilience), or any successor.
    (b) Space Weather Hazards.--For purposes of this section, the 
Administrator of the National Oceanic and Atmospheric Administration, 
in consultation with the heads of other relevant Federal agencies, 
shall provide information about space weather hazards to the Secretary 
of Homeland Security.
    (c) Critical Infrastructure.--The Secretary of Homeland Security, 
in consultation with sector-specific agencies, the Administrator of the 
National Oceanic and Atmospheric Administration, and the heads of other 
relevant agencies, shall--
            (1) include, in meeting national critical infrastructure 
        reporting requirements, an assessment of the vulnerability of 
        critical infrastructure to space weather events, as described 
        by the space weather benchmarks referred to in section 3(b); 
        and
            (2) support critical infrastructure providers in managing 
        the risks and impacts associated with space weather.
    (d) Prohibition on New Regulatory Authority.--Nothing in subsection 
(c) may be construed to grant the Secretary of Homeland Security any 
authority to promulgate regulations that was not in effect on the day 
before the date of enactment of this Act.

SEC. 5. PROTECTION OF NATIONAL SECURITY ASSETS.

    (a) In General.--The National Security Council, in consultation 
with the Office of the Director of National Intelligence, the Secretary 
of Defense, and the heads of other relevant Federal agencies, shall--
            (1) assess the vulnerability of the national security 
        community to space weather events, as described by the space 
        weather benchmarks referred to in section 3(b); and
            (2) develop national security mechanisms to protect 
        national security assets from space weather threats.
    (b) Cooperation.--The Secretary of Defense, in consultation with 
the heads of other relevant Federal agencies, shall provide information 
about space weather hazards to the National Security Council, Director 
of National Intelligence, and heads of Defense Agencies for purposes of 
this section.

SEC. 6. ENSURING THE SAFETY OF CIVIL AVIATION.

    (a) In General.--The Administrator of the Federal Aviation 
Administration, in consultation with the heads of other relevant 
Federal agencies, shall--
            (1) assess the safety implications and vulnerability of the 
        national airspace system by space weather events, as described 
        by the space weather benchmarks referred to in section 3(b);
            (2) assess methods to mitigate the safety implications and 
        effects of space weather on aviation communication and 
        navigation systems, satellite and ground-based navigation 
        systems, and potential health effects of radiation exposure; 
        and
            (3) assess options for incorporating space weather into 
        operational training for pilots, cabin crew, dispatchers, air 
        traffic controllers, meteorologists, and engineers.
    (b) Space Weather Communication.--The Administrator of the Federal 
Aviation Administration, in consultation with the heads of other 
relevant Federal agencies, shall develop methods to increase the 
interaction between the aviation community and the space weather 
research and service provider community.
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