Text: S.2817 — 114th Congress (2015-2016)All Information (Except Text)

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Reported to Senate (11/28/2016)

 
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2817 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 689
114th CONGRESS
  2d Session
                                S. 2817

                          [Report No. 114-385]

 To improve understanding and forecasting of space weather events, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 19, 2016

  Mr. Peters (for himself, Mr. Gardner, Mr. Booker, and Mrs. Shaheen) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                           November 28, 2016

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To improve understanding and forecasting of space weather events, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Space Weather Research and 
Forecasting Act''.</DELETED>

<DELETED>SEC. 2. SPACE WEATHER.</DELETED>

<DELETED>    (a) In General.--Subtitle VI of title 51, United States 
Code, is amended by adding after chapter 605 the following:</DELETED>

            <DELETED>``CHAPTER 607--SPACE WEATHER</DELETED>

<DELETED>``60701. Space weather.
<DELETED>``60702. Observations and forecasting.
<DELETED>``60703. Research and technology.
<DELETED>``60704. Space weather data.
<DELETED>``Sec. 60701. Space weather</DELETED>
<DELETED>    ``(a) Findings.--Congress makes the following 
findings:</DELETED>
        <DELETED>    ``(1) Space weather events pose a significant 
        threat to humans working in the space environment and to modern 
        technological systems.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Earth and space observations provide crucial 
        data necessary to predict and warn about space weather 
        events.</DELETED>
        <DELETED>    ``(4) Clear roles and accountability of Federal 
        departments and agencies are critical for an efficient and 
        effective response to threats posed by space weather.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) National Space Weather Program.--In order to 
understand and respond to the adverse effects of space weather, the 
National Space Weather Program shall coordinate, collaborate, and 
leverage capabilities across participating Federal agencies, 
including--</DELETED>
        <DELETED>    ``(1) the National Oceanic and Atmospheric 
        Administration;</DELETED>
        <DELETED>    ``(2) the National Aeronautics and Space 
        Administration;</DELETED>
        <DELETED>    ``(3) the National Science Foundation;</DELETED>
        <DELETED>    ``(4) the Department of Defense;</DELETED>
        <DELETED>    ``(5) the Department of the Interior;</DELETED>
        <DELETED>    ``(6) the Department of Homeland 
        Security;</DELETED>
        <DELETED>    ``(7) the Department of Energy;</DELETED>
        <DELETED>    ``(8) the Department of Transportation; 
        and</DELETED>
        <DELETED>    ``(9) the Department of State.</DELETED>
<DELETED>    ``(c) Federal Agency Roles.--</DELETED>
        <DELETED>    ``(1) Findings.--Congress finds that--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) the Department of Defense provides 
                operational space weather forecasting, monitoring, and 
                research for the department's unique missions and 
                applications;</DELETED>
                <DELETED>    ``(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 and develops new 
                space-based technologies and missions;</DELETED>
                <DELETED>    ``(D) the National Science Foundation 
                provides increased understanding of the Sun-Earth 
                system through ground-based measurements, technologies, 
                and modeling; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Office of science and technology policy.--
        The Director of the Office of Science and Technology Policy 
        shall--</DELETED>
                <DELETED>    ``(A) improve the Nation's ability to 
                prepare, avoid, mitigate, respond to, and recover from 
                potentially devastating impacts of space weather 
                events; and</DELETED>
                <DELETED>    ``(B) coordinate the activities of the 
                National Space Weather Program Council 
                members.</DELETED>
<DELETED>    ``(d) Space Weather Interagency Working Group.--In order 
to continue 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 that includes representatives of the Federal agencies 
participating in the National Space Weather Program, and of other 
Federal agencies, as appropriate.</DELETED>
<DELETED>    ``(e) Interagency Agreements.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) an effective mechanism for improving 
                weather and climate data collection while avoiding 
                unnecessary duplication of capabilities across Federal 
                agencies; and</DELETED>
                <DELETED>    ``(B) an agency collaboration model that 
                could benefit space weather observations.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>``Sec. 60702. Observations and forecasting</DELETED>
<DELETED>    ``(a) Policy.--It is the policy of the United States to 
establish and sustain a baseline capability for space weather 
observations.</DELETED>
<DELETED>    ``(b) Integrated Strategy.--</DELETED>
        <DELETED>    ``(1) In general.--The Director of the Office of 
        Science and Technology Policy, in coordination with the 
        Administrator of the National Oceanic and Atmospheric 
        Administration, the Administrator of the National Aeronautics 
        and Space Administration, the Director of the National Science 
        Foundation, and the Secretary of Defense, and in consultation 
        with the academic community, shall develop an integrated 
        strategy for solar and solar wind observations beyond the 
        lifetime of current assets, that considers--</DELETED>
                <DELETED>    ``(A) the provision of solar wind 
                measurements and other measurements essential to space 
                weather forecasting; and</DELETED>
                <DELETED>    ``(B) the provision of solar and space 
                weather measurements important for scientific 
                purposes.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Critical Observations.--In order to sustain current 
space-based observational capabilities, the Administrator of the 
National Aeronautics and Space Administration shall--</DELETED>
        <DELETED>    ``(1) 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</DELETED>
        <DELETED>    ``(2) prioritize the reception of LASCO 
        data.</DELETED>
<DELETED>    ``(d) Additional Capability for Solar Imaging.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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, and 
        opportunities to deploy the instrument or instruments as a 
        secondary payload on an upcoming planned launch.</DELETED>
        <DELETED>    ``(4) Costs.--In implementing paragraph (1), the 
        Administrator of the National Oceanic and Atmospheric 
        Administration shall prioritize a cost-effective 
        solution.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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 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 in paragraph 
        (5).</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(g) Ground-Based Observations.--The National Science 
Foundation and the Air Force shall each--</DELETED>
        <DELETED>    ``(1) maintain ground-based observations of the 
        Sun; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(h) Ground-Based Observations Data.--The National 
Science Foundation shall--</DELETED>
        <DELETED>    ``(1) provide key data streams from the platforms 
        described in subsection (g) for research and to support space 
        weather model development;</DELETED>
        <DELETED>    ``(2) develop experimental models for scientific 
        purposes; and</DELETED>
        <DELETED>    ``(3) support the transition of the experimental 
        models to operations where appropriate.</DELETED>
<DELETED>``Sec. 60703. Research and technology</DELETED>
<DELETED>    ``(a) User Needs.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator of the 
        National Oceanic and Atmospheric Administration and the 
        Secretary of the Air Force, 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.</DELETED>
        <DELETED>    ``(2) Contents.--In conducting the comprehensive 
        survey under paragraph (1), the Administrator of the National 
        Oceanic and Atmospheric Administration and the Secretary of the 
        Air Force, at a minimum, shall--</DELETED>
                <DELETED>    ``(A) consider the goals for forecast lead 
                time, accuracy, coverage, timeliness, data rate, and 
                data quality for space weather observations;</DELETED>
                <DELETED>    ``(B) identify opportunities to address 
                the needs identified under paragraph (1) through 
                collaborations with academia, the private sector, and 
                the international community;</DELETED>
                <DELETED>    ``(C) identify opportunities for new 
                technologies and instrumentation to address the needs 
                identified under paragraph (1); and</DELETED>
                <DELETED>    ``(D) publish a report on the findings 
                under subparagraphs (A) through (C).</DELETED>
        <DELETED>    ``(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 and the Secretary of the Air Force 
        shall--</DELETED>
                <DELETED>    ``(A) make the results of the 
                comprehensive survey publicly available; and</DELETED>
                <DELETED>    ``(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).</DELETED>
<DELETED>    ``(b) Research Activities.--</DELETED>
        <DELETED>    ``(1) Basic research.--As part of the National 
        Space Weather Program, the Director of the National Science 
        Foundation, the Administrator of the National Aeronautics and 
        Space Administration, and the Secretary of Defense shall 
        continue to carry out basic research activities on 
        heliophysics, geospace science, and space weather and support 
        competitive, merit-based, peer-reviewed proposals for research, 
        modeling, and monitoring of space weather and its impacts, 
        including science goals outlined in Solar and Space Physics 
        Decadal surveys conducted by the National Academy of 
        Sciences.</DELETED>
        <DELETED>    ``(2) Multidisciplinary research.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Multidisciplinary research.--As part 
                of the National Space Weather Program, 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.</DELETED>
                <DELETED>    ``(C) Sense of congress.--It is the sense 
                of Congress that the Administrator of the National 
                Aeronautics and Space Administration and the Director 
                of the National Science Foundation should support 
                competitively awarded Heliophysics Science 
                Centers.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Research to Operations.--</DELETED>
        <DELETED>    ``(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, and the 
        Secretary of the Air Force, shall--</DELETED>
                <DELETED>    ``(A) develop a formal mechanism to 
                transition National Aeronautics and Space 
                Administration and National Science Foundation research 
                findings, models, and capabilities, as appropriate, to 
                National Oceanic and Atmospheric Administration and 
                Department of Defense space weather operational 
                forecasting centers; and</DELETED>
                <DELETED>    ``(B) enhance coordination between 
                research modeling centers and forecasting 
                centers.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Technology Development.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>``Sec. 60704. Space weather data</DELETED>
<DELETED>    ``(a) In General.--The Administrator of the National 
Aeronautics and Space Administration and the Director of the National 
Science Foundation shall--</DELETED>
        <DELETED>    ``(1) make space weather related data obtained for 
        scientific research purposes available to space weather 
        forecasters and operations centers; and</DELETED>
        <DELETED>    ``(2) support model development and model 
        applications to space weather forecasting.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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:</DELETED>

<DELETED>``607. Space Weather...............................   60701''.

<DELETED>SEC. 3. SPACE WEATHER METRICS.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Space weather disturbance.--The term ``space 
        weather disturbance'' includes geo-electric fields, ionizing 
        radiation, ionospheric disturbances, solar radio bursts, and 
        upper atmospheric expansion.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Benchmarks.--</DELETED>
        <DELETED>    (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, shall--</DELETED>
                <DELETED>    (A) assess existing data, the historical 
                record, models, and peer-reviewed studies on space 
                weather; and</DELETED>
                <DELETED>    (B) develop preliminary benchmarks, based 
                on current scientific understanding and the historical 
                record, for measuring solar disturbances.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (4) Revisions.--The Space Weather Interagency 
        Working Group shall update and revise the final benchmarks 
        under paragraph (2), as necessary, based on--</DELETED>
                <DELETED>    (A) the results of the review under 
                paragraph (3);</DELETED>
                <DELETED>    (B) any significant new data or advances 
                in scientific understanding that become available; 
                or</DELETED>
                <DELETED>    (C) the evolving needs of entities 
                impacted by solar disturbances.</DELETED>

<DELETED>SEC. 4. PROTECTION OF CRITICAL INFRASTRUCTURE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) support critical infrastructure providers in 
        managing the risks and impacts associated with space 
        weather.</DELETED>
<DELETED>    (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 were not in 
effect on the day before the date of enactment of this Act.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. PROTECTION OF NATIONAL SECURITY ASSETS.</DELETED>

<DELETED>    (a) In General.--The National Security Council, in 
consultation with the Office of the Director of National Intelligence, 
the Secretary of Defense, and heads of other relevant Federal agencies, 
shall--</DELETED>
        <DELETED>    (1) assess the vulnerability of the national 
        security community to space weather events, as described by the 
        space weather benchmarks under section 3; and</DELETED>
        <DELETED>    (2) develop national security mechanisms to 
        protection national security assets from space weather 
        threats.</DELETED>
<DELETED>    (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, the Director of National Intelligence, and heads of 
Defense Agencies for purposes of this section.</DELETED>

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 National 
                Space Weather Program members.
    ``(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 that includes representatives of the Federal agencies 
participating in the National Space Weather Program, and of other 
Federal agencies, as appropriate.
    ``(d) National Space Weather Program.--In order to understand and 
respond to the adverse effects of space weather, the National Space 
Weather Program 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 1 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 1 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.--As part of the National Space 
        Weather Program, 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.--As part of the 
                National Space Weather Program, 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.
                                                       Calendar No. 689

114th CONGRESS

  2d Session

                                S. 2817

                          [Report No. 114-385]

_______________________________________________________________________

                                 A BILL

 To improve understanding and forecasting of space weather events, and 
                          for other purposes.

_______________________________________________________________________

                           November 28, 2016

                       Reported with an amendment

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