[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 141 Engrossed in Senate (ES)]
<DOC>
115th CONGRESS
1st Session
S. 141
_______________________________________________________________________
AN ACT
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
``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--
``(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 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.
Passed the Senate May 2, 2017.
Attest:
Secretary.
115th CONGRESS
1st Session
S. 141
_______________________________________________________________________
AN ACT
To improve understanding and forecasting of space weather events, and
for other purposes.