[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)]
[Presidential Documents]
[Pages 71573-71577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25290]


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  Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / 
Presidential Documents  

[[Page 71573]]


                Executive Order 13744 of October 13, 2016

                
Coordinating Efforts To Prepare the Nation for 
                Space Weather Events

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and to prepare the Nation for space weather 
                events, it is hereby ordered as follows:

                Section 1. Policy. Space weather events, in the form of 
                solar flares, solar energetic particles, and 
                geomagnetic disturbances, occur regularly, some with 
                measurable effects on critical infrastructure systems 
                and technologies, such as the Global Positioning System 
                (GPS), satellite operations and communication, 
                aviation, and the electrical power grid. Extreme space 
                weather events--those that could significantly degrade 
                critical infrastructure--could disable large portions 
                of the electrical power grid, resulting in cascading 
                failures that would affect key services such as water 
                supply, healthcare, and transportation. Space weather 
                has the potential to simultaneously affect and disrupt 
                health and safety across entire continents. 
                Successfully preparing for space weather events is an 
                all-of-nation endeavor that requires partnerships 
                across governments, emergency managers, academia, the 
                media, the insurance industry, non-profits, and the 
                private sector.

                It is the policy of the United States to prepare for 
                space weather events to minimize the extent of economic 
                loss and human hardship. The Federal Government must 
                have (1) the capability to predict and detect a space 
                weather event, (2) the plans and programs necessary to 
                alert the public and private sectors to enable 
                mitigating actions for an impending space weather 
                event, (3) the protection and mitigation plans, 
                protocols, and standards required to reduce risks to 
                critical infrastructure prior to and during a credible 
                threat, and (4) the ability to respond to and recover 
                from the effects of space weather. Executive 
                departments and agencies (agencies) must coordinate 
                their efforts to prepare for the effects of space 
                weather events.

                Sec. 2. Objectives. This order defines agency roles and 
                responsibilities and directs agencies to take specific 
                actions to prepare the Nation for the hazardous effects 
                of space weather. These activities are to be 
                implemented in conjunction with those identified in the 
                2015 National Space Weather Action Plan (Action Plan) 
                and any subsequent updates. Implementing this order and 
                the Action Plan will require the Federal Government to 
                work across agencies and to develop, as appropriate, 
                enhanced and innovative partnerships with State, 
                tribal, and local governments; academia; non-profits; 
                the private sector; and international partners. These 
                efforts will enhance national preparedness and speed 
                the creation of a space-weather-ready Nation.

                Sec. 3. Coordination. (a) The Director of the Office of 
                Science and Technology Policy (OSTP), in consultation 
                with the Assistant to the President for Homeland 
                Security and Counterterrorism and the Director of the 
                Office of Management and Budget (OMB), shall coordinate 
                the development and implementation of Federal 
                Government activities to prepare the Nation for space 
                weather events, including the activities established in 
                section 5 of this order and the recommendations of the 
                National Science and Technology Council (NSTC), 
                established by Executive Order 12881 of November 23, 
                1993 (Establishment of the National Science and 
                Technology Council).

[[Page 71574]]

                    (b) To ensure accountability for and coordination 
                of research, development, and implementation of 
                activities identified in this order and in the Action 
                Plan, the NSTC shall establish a Space Weather 
                Operations, Research, and Mitigation Subcommittee 
                (Subcommittee). The Subcommittee member agencies shall 
                conduct activities to advance the implementation of 
                this order, to achieve the goals identified in the 2015 
                National Space Weather Strategy and any subsequent 
                updates, and to coordinate and monitor the 
                implementation of the activities specified in the 
                Action Plan and provide subsequent updates.

                Sec. 4. Roles and Responsibilities. To the extent 
                permitted by law, the agencies below shall adopt the 
                following roles and responsibilities, which are key to 
                ensuring enhanced space weather forecasting, 
                situational awareness, space weather preparedness, and 
                continuous Federal Government operations during and 
                after space weather events.

                    (a) The Secretary of Defense shall ensure the 
                timely provision of operational space weather 
                observations, analyses, forecasts, and other products 
                to support the mission of the Department of Defense and 
                coalition partners, including the provision of alerts 
                and warnings for space weather phenomena that may 
                affect weapons systems, military operations, or the 
                defense of the United States.
                    (b) The Secretary of the Interior shall support the 
                research, development, deployment, and operation of 
                capabilities that enhance the understanding of 
                variations of the Earth's magnetic field associated 
                with solar-terrestrial interactions.
                    (c) The Secretary of Commerce shall:

(i) provide timely and accurate operational space weather forecasts, 
watches, warnings, alerts, and real-time space weather monitoring for the 
government, civilian, and commercial sectors, exclusive of the 
responsibilities of the Secretary of Defense; and

(ii) ensure the continuous improvement of operational space weather 
services, utilizing partnerships, as appropriate, with the research 
community, including academia and the private sector, and relevant agencies 
to develop, validate, test, and transition space weather observation 
platforms and models from research to operations and from operations to 
research.

                    (d) The Secretary of Energy shall facilitate the 
                protection and restoration of the reliability of the 
                electrical power grid during a presidentially declared 
                grid security emergency associated with a geomagnetic 
                disturbance pursuant to 16 U.S.C. 824o-1.
                    (e) The Secretary of Homeland Security shall:

(i) ensure the timely redistribution of space weather alerts and warnings 
that support national preparedness, continuity of government, and 
continuity of operations; and

(ii) coordinate response and recovery from the effects of space weather 
events on critical infrastructure and the broader community.

                    (f) The Administrator of the National Aeronautics 
                and Space Administration (NASA) shall:

(i) implement and support a national research program to understand the Sun 
and its interactions with Earth and the solar system to advance space 
weather modeling and prediction capabilities applicable to space weather 
forecasting;

(ii) develop and operate space-weather-related research missions, 
instrument capabilities, and models; and

(iii) support the transition of space weather models and technology from 
research to operations and from operations to research.

                    (g) The Director of the National Science Foundation 
                (NSF) shall support fundamental research linked to 
                societal needs for space weather information through 
                investments and partnerships, as appropriate.

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                    (h) The Secretary of State, in consultation with 
                the heads of relevant agencies, shall carry out 
                diplomatic and public diplomacy efforts to strengthen 
                global capacity to respond to space weather events.
                    (i) The Secretaries of Defense, the Interior, 
                Commerce, Transportation, Energy, and Homeland 
                Security, along with the Administrator of NASA and the 
                Director of NSF, shall work together, consistent with 
                their ongoing activities, to develop models, 
                observation systems, technologies, and approaches that 
                inform and enhance national preparedness for the 
                effects of space weather events, including how space 
                weather events may affect critical infrastructure and 
                change the threat landscape with respect to other 
                hazards.
                    (j) The heads of all agencies that support National 
                Essential Functions, defined by Presidential Policy 
                Directive 40 (PPD-40) of July 15, 2016 (National 
                Continuity Policy), shall ensure that space weather 
                events are adequately addressed in their all-hazards 
                preparedness planning, including mitigation, response, 
                and recovery, as directed by PPD-8 of March 30, 2011 
                (National Preparedness).
                    (k) NSTC member agencies shall coordinate through 
                the NSTC to establish roles and responsibilities beyond 
                those identified in section 4 of this order to enhance 
                space weather preparedness, consistent with each 
                agency's legal authority.

                Sec. 5. Implementation. (a) Within 120 days of the date 
                of this order, the Secretary of Energy, in consultation 
                with the Secretary of Homeland Security, shall develop 
                a plan to test and evaluate available devices that 
                mitigate the effects of geomagnetic disturbances on the 
                electrical power grid through the development of a 
                pilot program that deploys such devices, in situ, in 
                the electrical power grid. After the development of the 
                plan, the Secretary shall implement the plan in 
                collaboration with industry. In taking action pursuant 
                to this subsection, the Secretaries of Energy and 
                Homeland Security shall consult with the Chairman of 
                the Federal Energy Regulatory Commission.

                    (b) Within 120 days of the date of this order, the 
                heads of the sector-specific agencies that oversee the 
                lifeline critical infrastructure functions as defined 
                by the National Infrastructure Protection Plan of 
                2013--including communications, energy, transportation, 
                and water and wastewater systems--as well as the 
                Nuclear Reactors, Materials, and Waste Sector, shall 
                assess their executive and statutory authority, and 
                limits of that authority, to direct, suspend, or 
                control critical infrastructure operations, functions, 
                and services before, during, and after a space weather 
                event. The heads of each sector-specific agency shall 
                provide a summary of these assessments to the 
                Subcommittee.
                    (c) Within 90 days of receipt of the assessments 
                ordered in section 5(b) of this order, the Subcommittee 
                shall provide a report on the findings of these 
                assessments with recommendations to the Director of 
                OSTP, the Assistant to the President for Homeland 
                Security and Counterterrorism, and the Director of OMB. 
                The assessments may be used to inform the development 
                and implementation of policy establishing authorities 
                and responsibilities for agencies in response to a 
                space weather event.
                    (d) Within 60 days of the date of this order, the 
                Secretaries of Defense and Commerce, the Administrator 
                of NASA, and the Director of NSF, in collaboration with 
                other agencies as appropriate, shall identify 
                mechanisms for advancing space weather observations, 
                models, and predictions, and for sustaining and 
                transitioning appropriate capabilities from research to 
                operations and operations to research, collaborating 
                with industry and academia to the extent possible.
                    (e) Within 120 days of the date of this order, the 
                Secretaries of Defense and Commerce shall make 
                historical data from the GPS constellation and other 
                U.S. Government satellites publicly available, in 
                accordance with Executive Order 13642 of May 9, 2013 
                (Making Open and Machine Readable

[[Page 71576]]

                the New Default for Government Information), to enhance 
                model validation and improvements in space weather 
                forecasting and situational awareness.
                    (f) Within 120 days of the date of this order, the 
                Secretary of Homeland Security, through the 
                Administrator of the Federal Emergency Management 
                Agency and in coordination with relevant agencies, 
                shall lead the development of a coordinated Federal 
                operating concept and associated checklist to 
                coordinate Federal assets and activities to respond to 
                notification of, and protect against, impending space 
                weather events. Within 180 days of the publication of 
                the operating concept and checklist, agencies shall 
                develop operational plans documenting their procedures 
                and responsibilities to prepare for, protect against, 
                and mitigate the effects of impending space weather 
                events, in support of the Federal operating concept and 
                compatible with the National Preparedness System 
                described in PPD-8.

                Sec. 6. Stakeholder Engagement. The agencies identified 
                in this order shall seek public-private and 
                international collaborations to enhance observation 
                networks, conduct research, develop prediction models 
                and mitigation approaches, enhance community resilience 
                and preparedness, and supply the services necessary to 
                protect life and property and promote economic 
                prosperity, as consistent with law.

                Sec. 7. Definitions. As used in this order:

                    (a) ``Prepare'' and ``preparedness'' have the same 
                meaning they have in PPD-8. They refer to the actions 
                taken to plan, organize, equip, train, and exercise to 
                build and sustain the capabilities necessary to 
                prevent, protect against, mitigate the effects of, 
                respond to, and recover from those threats that pose 
                the greatest risk to the security of the Nation. This 
                includes the prediction and notification of space 
                weather events.
                    (b) ``Space weather'' means variations in the space 
                environment between the Sun and Earth (and throughout 
                the solar system) that can affect technologies in space 
                and on Earth. The primary types of space weather events 
                are solar flares, solar energetic particles, and 
                geomagnetic disturbances.
                    (c) ``Solar flare'' means a brief eruption of 
                intense energy on or near the Sun's surface that is 
                typically associated with sunspots.
                    (d) ``Solar energetic particles'' means ions and 
                electrons ejected from the Sun that are typically 
                associated with solar eruptions.
                    (e) ``Geomagnetic disturbance'' means a temporary 
                disturbance of Earth's magnetic field resulting from 
                solar activity.
                    (f) ``Critical infrastructure'' has the meaning 
                provided in section 1016(e) of the USA Patriot Act of 
                2001 (42 U.S.C. 5195c(e)), namely systems and assets, 
                whether physical or virtual, so vital to the United 
                States that the incapacity or destruction of such 
                systems and assets would have a debilitating impact on 
                security, national economic security, national public 
                health or safety, or any combination of those matters.
                    (g) ``Sector-Specific Agency'' means the agencies 
                designated under PPD-21 of February 12, 2013 (Critical 
                Infrastructure Security and Resilience), or any 
                successor directive, to be responsible for providing 
                institutional knowledge and specialized expertise as 
                well as leading, facilitating, or supporting the 
                security and resilience programs and associated 
                activities of its designated critical infrastructure 
                sector in the all-hazards environment.

                Sec. 8. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an agency, or the head thereof; or

(ii) the functions of the Director of OMB relating to budgetary, 
administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

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                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    October 13, 2016.

[FR Doc. 2016-25290
Filed 10-17-16; 8:45 am]
Billing code 3295-F7-P