[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5260 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 5260
To improve understanding and forecasting of space weather, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 22, 2019
Mr. Perlmutter (for himself, Mr. Brooks of Alabama, and Ms. Johnson of
Texas) introduced the following bill; which was referred to the
Committee on Science, Space, and Technology, and in addition to the
Committees on Armed Services, and Natural Resources, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To improve understanding and forecasting of space weather, 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 ``Promoting Research and Observations
of Space Weather to Improve the Forecasting of Tomorrow Act'' or the
``PROSWIFT Act''.
SEC. 2. SPACE WEATHER.
(a) Policy.--It shall be the policy of the United States to prepare
and protect against the social and economic impacts of space weather
phenomena by supporting actions to improve space weather forecasts and
predictions including: sustaining and enhancing critical observations,
identifying research needs and promoting opportunities for research to
operations and operations to research collaborations both within and
outside of the Federal Government, advancing space weather models,
engaging with all sectors of the space weather community including
academia and the commercial sector, and understanding the needs of
space weather end users.
(b) Amendment to Title 51, United States Code.--Subtitle VI of
title 51, United States Code, is amended by adding after chapter 605
the following:
``CHAPTER 606--SPACE WEATHER
``60601. Space weather.
``60602. Integrated strategy.
``60603. Sustaining and advancing critical space weather observations.
``60604. Research activities.
``60605. Space weather data.
``60606. Space weather knowledge transfer and information exchange.
``60607. Space weather benchmarks.
``Sec. 60601. Space weather
``(a) Findings.--
``(1) Space weather.--Congress makes the following findings
with respect to space weather:
``(A) Space weather phenomena pose a significant
threat to ground-based and space-based critical
infrastructure, modern technological systems, and
humans working in space.
``(B) The effects of severe space weather 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.
``(C) Space-based and ground-based observations
provide crucial data necessary to understand, forecast,
and prepare for space weather events.
``(D) Clear roles and accountability of Federal
departments and agencies are critical for efficient and
effective response to threats posed by space weather.
``(E) Space weather observation and forecasting are
essential for the success of human and robotic space
exploration.
``(F) 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.
``(G) In March 2019, the National Science and
Technology Council published an updated National Space
Weather Strategy and Action Plan to enhance the
preparedness and resilience of the United States to
space weather.
``(2) Role of federal agencies.--Congress makes the
following findings with respect to the role of Federal agencies
on space weather:
``(A) The National Oceanic and Atmospheric
Administration provides operational space weather
monitoring and forecasting for civil applications,
maintains ground-based and space-based assets to
provide observations needed for space weather
forecasting, prediction, and warnings, provides
research to support operational responsibilities, and
develops requirements for space weather forecasting
technologies and science.
``(B) The Department of Defense provides
operational space weather research, monitoring, and
forecasting 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
basic research, space-based observations and modeling,
developing new space-based technologies and missions,
and monitoring of space weather for the National
Aeronautics and Space Administration'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
risks 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, and integrates space weather data and
products into the Next Generation Air Transportation
System.
``(b) Space Weather Disturbance Defined.--In this chapter, the term
`space weather disturbance' includes geo-electric fields, ionizing
radiation, ionospheric disturbances, solar radio bursts, and upper
atmosphere expansion.
``(c) Coordination by Office of Science and Technology Policy.--The
Director of the Office of Science and Technology Policy shall--
``(1) coordinate the development and implementation of
Federal Government activities conducted with respect to space
weather to improve the ability of the United States to prepare
for, avoid, mitigate, respond to, and recover from potentially
devastating impacts of space weather; and
``(2) coordinate the activities of the interagency working
group on space weather established under subsection (d).
``(d) 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 lead executive branch actions that improve the
understanding of and preparation for space weather phenomena, and
coordination of Federal space weather activities.
``(1) Membership.--The following entities shall be members
of the interagency working group:
``(A) The National Oceanic and Atmospheric
Administration.
``(B) The National Aeronautics and Space
Administration.
``(C) The National Science Foundation.
``(D) The Department of Defense.
``(E) The Department of the Interior.
``(F) Such other Federal Agencies as the Director
of the Office of Science and Technology Policy deems
appropriate.
``(2) Interagency agreements.--The members of the
interagency working group may enter into one or more
interagency agreements providing for cooperation and
collaboration in the development of space weather spacecraft,
instruments, technologies, and research to operations and
operations to research in accordance with this chapter.
``(3) International, academic community, and commercial
sector collaboration.--Each Federal agency participating in the
space weather interagency working group established under this
subsection shall, to the extent practicable, increase
engagement and cooperation with the international community,
academic community, and commercial space weather sector on the
observational infrastructure, data, and scientific research
necessary to advance the monitoring, forecasting and prediction
of and preparation and protection from space weather phenomena.
``(e) Space Weather Advisory Group.--
``(1) Establishment.--Not later than 6 months after the
date of the enactment of this Act, the Administrator of the
National Oceanic and Atmospheric Administration, in
consultation with other relevant Federal agencies, shall
establish a space weather advisory group (in this chapter
referred to as the `advisory group') for the purposes of
receiving advice from the academic community, the commercial
space weather sector, and space weather end users that informs
the interests and work of the interagency working group.
``(A) Composition.--The advisory group shall be
composed of not more than 15 members appointed by the
interagency working group, of whom--
``(i) 5 members shall be representatives of
the academic community;
``(ii) 5 members shall be representatives
of the commercial space weather sector; and
``(iii) 5 members shall be nongovernmental
representatives of the space weather end user
community.
``(B) Chair.--Not later than 30 days after the date
on which the last member of the advisory group is
appointed under paragraph (2), the Administrator of the
National Oceanic and Atmospheric Administration shall
appoint 1 member as the Chair of the advisory group.
``(C) 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.
``(D) Term limits.--
``(i) In general.--A member of the advisory
group may not serve on the advisory group for
more than 2 consecutive terms.
``(ii) 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.
``(2) Duties.--The advisory group shall advise the
interagency working group on the following:
``(A) Facilitating advances in the space weather
enterprise of the United States.
``(B) Improving the ability of the United States to
prepare for, mitigate, respond to, and recover from
space weather events.
``(C) Enabling the coordination and facilitation of
research-to-operations and operations-to-research, as
described in section 60604(d).
``(D) Developing and implementing the integrated
strategy under section 60602 including subsequent
updates and reevaluations.
``(3) User survey.--
``(A) In general.--Not later than 6 months after
the establishment of the advisory group, the advisory
group shall conduct a comprehensive survey of the needs
of users of space weather products to identify the
space weather research, observations, forecasting,
prediction, and modeling advances required to improve
space weather products.
``(B) Survey considerations.--The survey conducted
under subparagraph (A) shall--
``(i) assess the adequacy of current
Federal Government goals for lead time,
accuracy, coverage, timeliness, data rate, and
data quality for space weather observations and
forecasting;
``(ii) identify options and methods to, in
consultation with the academic community and
the commercial space weather sector, improve
upon the advancement of the goals described in
clause (i);
``(iii) identify opportunities for
collection of new data to address the needs of
the space weather user community;
``(iv) identify methods to increase
coordination of space weather research-to-
operations and operations-to-research;
``(v) identify opportunities for new
technologies, research, and instrumentation to
aid in research, understanding, monitoring,
modeling, prediction, forecasting, and warning
of space weather; and
``(vi) identify methods and technologies to
improve preparedness for potential space
weather phenomena.
``(C) Coordination with agencies.--In carrying out
the requirements of this subsection, the advisory group
shall communicate and coordinate with the interagency
working group to ensure the needs of the governmental
space weather user community are adequately and
appropriately identified by the survey under
subparagraph (A).
``(D) Briefing to congress.--Not later than 1 year
after the date of enactment of this Act, the advisory
group shall provide to the Committee on Science, Space,
and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a briefing on the survey results.
``(E) Publication.--Within 30 days of the briefing
to Congress, the advisory group shall make the results
of the comprehensive survey conducted under
subparagraph (A) publicly available.
``(F) Reevaluation.--The advisory group shall
review and assess the comprehensive survey not less
than every 3 years and update, resubmit, and republish
the survey in accordance with the requirements of
subparagraph (D) and (E).
``(4) Federal advisory committee act.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the advisory group.
``Sec. 60602. Integrated strategy
``(a) In General.--The Director of the Office of Science and
Technology Policy, in collaboration with the interagency working group
and upon the advice of the advisory group, shall develop a strategy for
coordinated observation of space weather among members of the
interagency working group (in this chapter, referred to as the
`integrated strategy'). The integrated strategy shall identify--
``(1) observations and measurements that must be sustained
beyond the lifetime of current ground-based and space-based
assets, as described in section 60603 of this Act that are
essential for space weather research, models, forecasting, and
prediction;
``(2) new observations and measurements that may
significantly improve space weather forecasting and prediction;
and
``(3) plans for follow-on space-based observations under
section 60603(g).
``(b) Considerations.--In developing the integrated strategy in
subsection (a), the Director of the Office of Science and Technology
Policy shall consider, as appropriate the following:
``(1) Potential contributions of commercial solutions,
prize authority, academic and international partnerships,
microsatellites, small satellite options, ground-based
instruments, and hosted payloads for observations identified in
section 60602(a)(2).
``(2) Work conducted before the date of the enactment of
this Act by the National Science and Technology Council with
respect to space weather.
``(3) The user survey from section 60601(e).
``(4) Any relevant recommendations from the most recent
National Research Council's Decadal Strategy for Solar and
Space Physics (Heliophysics).
``(c) Review of Integrated Strategy.--
``(1) Review.--The Administrator of the National
Aeronautics and Space Administration and the Administrator of
the National Oceanic and Atmospheric Administration, in
consultation with Federal agencies participating in the
interagency working group, shall enter into an agreement with
the National Academies of Sciences, Engineering, and Medicine
to review the integrated strategy developed in this section.
``(2) Considerations.--The review from paragraph (1) shall
also consider the current state, capability, and feasibility of
the commercial space weather sector to provide new and
supplemental observations and measurements that may
significantly improve space weather forecasting and prediction.
``(3) Transmittal.--The Director of the Office of Science
and Technology Policy and the Administrator of the National
Aeronautics and Space Administration and the Administrator of
the National Oceanic and Atmospheric Administration shall
transmit the Integrated Strategy and the results of the review
required under paragraph (1) to the Committee on Science,
Space, and Technology in the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate not later than 18 months from the enactment of this Act.
The Integrated Strategy and its review shall be made publicly
available within 30 days of submittal to Congress.
``(d) Implementation Plan.--Not later than 6 months after delivery
of the review of the Integrated Strategy in subsection (c), the
interagency working group shall develop a plan to implement the
Integrated Strategy, including an estimate of the cost and schedule
required for implementation.
``(e) Reevaluation.--The Director, in collaboration with the
interagency working group, shall update the integrated strategy not
later than six months after the reevaluation of the user survey from
section 60601(e)(2)(E) in accordance with the requirements of
subsections (a) through (d).
``Sec. 60603. Sustaining and advancing critical space weather
observations
``(a) Policy.--It is the policy of the United States to--
``(1) establish and sustain a baseline capability for space
weather observations and to make such observations and data
publicly available; and
``(2) obtain enhanced space weather observations, as
practicable, to advance forecasting and prediction capability,
as informed by the Integrated Strategy in section 60602.
``(b) Sustaining Baseline Space-Based Observational Capabilities.--
``(1) The Administrator of the National Aeronautics and
Space Administration shall, 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.
``(2) The Administrator of the National Aeronautics and
Space Administration shall prioritize the reception of SOHO/
LASCO data.
``(3) The Administrator of the National Oceanic and
Atmospheric Administration shall maintain current space-based
observational assets including but not limited to the
Geostationary Operational Environmental Satellites (referred to
in this section as `GOES') system, and the Deep Space Climate
Observatory (referred to in this section as `DSCOVR').
``(c) Back-Up Space-Based Observational Capability.--The
Administrators of the National Oceanic and Atmospheric Administration
and the National Aeronautics and Space Administration, in coordination
with the Secretary of Defense, shall work with Federal and
international partners in order to secure reliable backup capability
for near real-time coronal mass ejection imagery, solar wind, solar
imaging, coronal imagery, and other relevant observations required to
provide space weather forecasts.
``(d) Sustaining Ground-Based Observational Capability.--The
Director of the National Science Foundation, the Director of the United
States Geological Survey, the Secretary of the Air Force, and, where
practicable in support of the Air Force, the Secretary of the Navy
shall each--
``(1) maintain and improve ground-based observations of the
Sun to help meet the needs identified in the User Survey from
section 60601(e)(3); and
``(2) continue to provide space weather data through
ground-based facilities, including radars, lidars,
magnetometers, radio receivers, aurora and airglow imagers,
spectrometers, interferometers, and solar observatories.
``(e) Considerations.--In implementing subsections (b), (c), and
(d), the Administrators of the National Aeronautics and Space
Administration and the National Oceanic and Atmospheric Administration,
the Directors of the National Science Foundation and United States
Geological Survey, and the Secretaries of the Air Force and the Navy
shall prioritize cost-effective and reliable solutions.
``(f) Ground-Based Observational Data.--The Director of the
National Science Foundation shall--
``(1) make available to the public key data streams from
the platforms facilities described in subsection (e) for
research and to the support of space weather model development;
``(2) develop experimental models for scientific purposes;
and
``(3) support the transition of the experimental models to
operations where appropriate.
``(g) Enhanced Space-Based Observations.--The Administrator of the
National Oceanic and Atmospheric Administration, in coordination with
the Secretary of Defense, should develop options to build and deploy
space-based observational capabilities that may improve space weather
measurements and observations. These supplemental observational
capabilities could include commercial solutions, prize authority,
academic partnerships, microsatellites, ground-based instruments, and
opportunities to deploy the instrument or instruments as a secondary
payload on an upcoming planned launch.
``Sec. 60604. Research activities
``(a) Basic Research.--The Director of the National Science
Foundation, the Administrator of the National Aeronautics and Space
Administration, and the Secretary of Defense, shall--
``(1) continue to carry out basic research on heliophysics,
geospace science, and space weather; and
``(2) support competitive, peer-reviewed proposals for
conducting research, advancing modeling, and monitoring of
space weather and its impacts, including the science goals
outlined in decadal surveys in solar and space physics
conducted by the National Academies of Sciences, Engineering,
and Medicine.
``(b) Multidisciplinary Research.--
``(1) Findings.--Congress finds that the multidisciplinary
nature of solar and space physics creates funding challenges
that require coordination across scientific disciplines and
Federal agencies.
``(2) Sense of congress.--It is the sense of Congress that
science centers could coordinate multidisciplinary solar and
space physics research. The Administrator of the National
Aeronautics and Space Administration and Director of the
National Science Foundation should support competitively
awarded grants for multidisciplinary science centers that
advance solar and space physics research including research to
operations and operations to research processes.
``(3) 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
each pursue multidisciplinary research in subjects that further
the understanding of solar physics, space physics, and space
weather.
``(c) Science Missions.--The Administrator of the National
Aeronautics and Space Administration should implement missions that
meet the science objectives identified in solar and space physics
decadal surveys conducted by the National Academies of Sciences,
Engineering, and Medicine.
``(d) Research To-Operations; Operations To-Research.--
``(1) In general.--The interagency working group shall,
upon consideration of the advice of the advisory group, develop
formal mechanisms to--
``(A) transition National Aeronautics and Space
Administration, National Science Foundation, United
States Geological Survey, and other relevant Federal
agencies space weather research findings, models, and
capabilities, as appropriate, to the National Oceanic
and Atmospheric Administration and the Department of
Defense;
``(B) enhance coordination between research
modeling centers and forecasting centers; and
``(C) communicate National Oceanic and Atmospheric
Administration and Department of Defense operational
needs of space weather forecasters, as appropriate, to
the National Aeronautics and Space Administration, the
National Science Foundation and United States
Geological Survey.
``Sec. 60605. Space weather data
``(a) In General.--The Administrator of the National Aeronautics
and Space Administration and the Director of the National Science
Foundation shall continue to--
``(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 research.
``Sec. 60606. Space weather knowledge transfer and information exchange
``The Administrator of the National Oceanic and Atmospheric
Administration, in collaboration with the Administrator of the National
Aeronautics and Space Administration and the Director of the National
Science Foundation, shall enter into an arrangement with the National
Academies of Sciences, Engineering, and Medicine to establish a Space
Weather Government-Academic-Commercial Roundtable to facilitate
communication and knowledge transfer among Government participants in
the space weather interagency working group established under section
60601(d), the academic community, and the commercial space weather
sector to--
``(1) facilitate advances in space weather prediction and
forecasting;
``(2) increase coordination of space weather research-to-
operations and operations-to-research; and
``(3) improve preparedness for potential space weather
events.
``Sec. 60607. Space weather benchmarks
``(a) In General.--The space weather interagency working group
established under section 60601(d) shall periodically review and update
the benchmarks described in the report of the National Science and
Technology Council entitled, `Space Weather Phase 1 Benchmarks' and
dated June 2018, as necessary, based on--
``(1) any significant new data or advances in scientific
understanding that become available; or
``(2) the evolving needs of entities impacted by space
weather disturbances.
``(b) Technical and Conforming Amendment.--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.''.
(c) Technical and Conforming Amendment.--The table of chapters of
title 51, United States Code, is amended by adding after the item
relating to chapter 605 the following:
``606. Space Weather''.
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