[Congressional Record Volume 163, Number 75 (Tuesday, May 2, 2017)]
[Senate]
[Pages S2672-S2674]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SPACE WEATHER RESEARCH AND FORECASTING ACT
Mr. PETERS. Mr. President, I rise today to ask for Senate approval of
legislation that I sponsored, along with my friend and colleague from
across the aisle, Senator Cory Gardner of Colorado.
Earlier this year, we introduced the Space Weather Research and
Forecasting Act with Senators Booker, Wicker, and Klobuchar, and it
went on to pass unanimously by the full Senate Committee on Commerce,
Science, and Transportation in January.
Space weather, which includes solar flares and coronal mass ejections
caused by the constantly changing conditions in the Sun's magnetic
fields, regularly hurls ionized gas toward the Earth. This can
potentially devastate our infrastructure and significantly disrupt our
economy. The chances of Earth being hit by a severe space weather event
are roughly the same as a magnitude 8 earthquake striking the United
States, but the impact to our way of life would be absolutely
catastrophic.
According to NASA, Earth was narrowly missed by a large space weather
event in 2012, which could have resulted in a worst-case scenario
impact to Earth. A report by Lloyd's of London estimates that a worst-
case scenario space weather event could cost up to $2.6 trillion and
impact as many as 40 million people by causing outages at electric
utilities, disrupting GPS communication networks, and forcing airlines
to reroute air traffic.
The potential disruption to these critical sectors of our economy
makes space weather a threat we must understand better. Scientists
across the globe, including in my home State of Michigan, are working
to improve our understanding of space weather and how outputs from the
Sun interact with the Earth's magnetic field and atmosphere. For years,
NASA, NOAA, the National Science Foundation, and the Department of
Defense have funded this critical research.
The work of scientists and engineers at these agencies and
universities across the country will help us better predict solar
events and improve our ability to protect the infrastructure of the
United States. But as we increasingly realize the magnitude of this
threat, we need national leadership to focus our resources, coordinate
planning, and prepare for space weather events.
This bipartisan legislation sets national priorities to increase and
improve space weather observations, science, and forecasting abilities.
This research will improve our efforts to predict and to mitigate the
effects of space weather events on Earth and in space.
Space weather is not science fiction. If we don't prepare ourselves,
the impact could be catastrophic. But by learning to make better
predictions, issue more effective warnings, and take precautions for
when that inevitable day comes to pass, we can prevent space weather
from wreaking costly havoc or disrupting our daily lives.
It is imperative that we invest in science and technologies to better
understand space weather. It is imperative that we act on that
knowledge and understanding to protect our critical infrastructure. It
is, therefore, imperative that we move quickly to sign into law the
Space Weather Research and Forecasting Act.
As in legislative session, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 29, S. 141.
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:
A bill (S. 141) to improve understanding and forecasting of
space weather events, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
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
``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
humans working in the space environment and to modern
technological systems.
``(2) The effects of severe space weather events on the
electric power grid, satellites and satellite communications
and information, airline 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) 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 finds that--
``(A) the National Oceanic and Atmospheric Administration
provides operational space weather forecasting and monitoring
for civil applications, maintains ground and space-based
assets to provide observations needed for forecasting,
prediction, and warnings, and 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, and 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; and
``(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, and conducts
real-time monitoring of the charged particle radiation
environment to protect the health and safety of crew and
passengers during space weather events.
``(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 Nation's ability
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.--In order to
continue coordination of executive branch efforts to
understand, prepare, coordinate, and plan for space weather,
the National Science and Technology Council shall establish
an interagency working group on space weather.
``(d) Membership.--In order to understand and respond to
the adverse effects of space weather, the interagency working
group established under subsection (c) 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--
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``(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.
``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 and commercial communities, shall develop
an integrated strategy for solar and solar wind observations
beyond the lifetime of current assets, that considers--
``(A) the provision of solar wind measurements and other
measurements essential to space weather forecasting; and
``(B) the provision of solar and space weather measurements
important for scientific purposes.
``(2) Considerations.--In developing the strategy under
paragraph (1), the Director of the Office of Science and
Technology Policy shall consider small satellite options,
hosted payloads, commercial options, international options,
and prize authority.
``(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,
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 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 in order 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) provide 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
enactment of the Space Weather Research and Forecasting Act,
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, Administrator of the National Aeronautics and
Space Administration, and 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 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.--
``(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, 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 and advanced instrumentation
would provide for
[[Page S2674]]
more advanced warning of space weather disturbances (as
defined in section 3 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 METRICS.
(a) Definitions.--In this section:
(1) Space weather disturbance.--The term ``space weather
disturbance'' includes geo-electric fields, ionizing
radiation, ionospheric disturbances, solar radio bursts, and
upper atmospheric expansion.
(2) Space weather benchmark.--The term ``space weather
benchmark'' means the physical characteristics and conditions
describing the nature, frequency, and intensity of space
weather disturbances.
(b) Benchmarks.--
(1) Preliminary.--Not later than 90 days after the date of
enactment of this Act, the Space Weather Interagency Working
Group, established under section 60701 of title 51, United
States Code, in consultation with academic and commercial
experts, shall--
(A) assess existing data, the historical record, models,
and peer-reviewed studies on space weather; and
(B) develop preliminary benchmarks, based on current
scientific understanding and the historical record, for
measuring solar disturbances.
(2) Final.--Not later than 18 months after the date the
preliminary benchmarks are developed under paragraph (1), the
Space Weather Interagency Working Group shall publish final
benchmarks.
(3) Review.--The Administrator of the National Aeronautics
and Space Administration shall contract with the National
Academy of Sciences to review the benchmarks established
under paragraph (2).
(4) Revisions.--The Space Weather Interagency Working Group
shall update and revise the final benchmarks under paragraph
(2), as necessary, based on--
(A) the results of the review under paragraph (3);
(B) any significant new data or advances in scientific
understanding that become available; or
(C) the evolving needs of entities impacted by solar
disturbances.
SEC. 4. PROTECTION OF CRITICAL INFRASTRUCTURE.
(a) In General.--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 for purposes of this section.
(b) 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 under section 3; and
(2) support critical infrastructure providers in managing
the risks and impacts associated with space weather.
(c) Prohibition on New Regulatory Authority.--Nothing in
subsection (b) 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.
(d) 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.
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 under section 3; and
(2) develop national security mechanisms to protection
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 under section 3;
(2) assess methods to mitigate the safety implications and
effects of space weather on aviation communication systems,
aircraft 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.
Mr. PETERS. Mr. President, I ask unanimous consent that the
committee-reported substitute amendment be considered and agreed to;
that the bill, as amended, be considered read a third time and passed;
and that the motion to reconsider be considered made and laid upon the
table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
agreed to.
The bill (S. 141), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
Mr. PETERS. Mr. President, I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Strange). The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. ALEXANDER. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Johnson). Without objection, it is so
ordered.
____________________