[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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