PUBLIC LAW 116–181—OCT. 21, 2020 PROMOTING RESEARCH AND OBSERVATIONS OF SPACE WEATHER TO IMPROVE THE FORECASTING OF TOMORROW ACT VerDate Sep 11 2014 13:29 Oct 26, 2020 Jkt 019139 PO 00181 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL181.116 PUBL181 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 882 PUBLIC LAW 116–181—OCT. 21, 2020 Public Law 116–181 116th Congress 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 ‘‘Promoting Research and Observa- tions 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 pro- moting 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, the commercial sector, and international partners, 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 ‘‘Sec. ‘‘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. Pilot program for obtaining commercial sector space weather data. ‘‘60608. Space weather benchmarks. ‘‘§ 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 infrastruc- ture, modern technological systems, and humans working in space. 51 USC 60601. 51 USC 60601 prec. 51 USC 60601 note. 51 USC 10101 note. Promoting Research and Observations of Space Weather to Improve the Forecasting of Tomorrow Act. Oct. 21, 2020 [S. 881] VerDate Sep 11 2014 13:29 Oct 26, 2020 Jkt 019139 PO 00181 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL181.116 PUBL181 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 883 PUBLIC LAW 116–181—OCT. 21, 2020 ‘‘(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, eco- nomic, national security, and health impacts. ‘‘(C) Space-based and ground-based observations pro- vide crucial data necessary to understand, forecast, and prepare for space weather phenomena. ‘‘(D) Clear roles and accountability of Federal depart- ments 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 explo- ration. ‘‘(F) In October 2015, the National Science and Tech- nology 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 Tech- nology Council published an updated National Space Weather Strategy and Action Plan to enhance the prepared- ness and resilience of the United States to space weather. ‘‘(2) ROLE OF FEDERAL AGENCIES.—Congress makes the fol- lowing findings with respect to the role of Federal agencies on space weather: ‘‘(A) The National Oceanic and Atmospheric Adminis- tration provides operational space weather monitoring, forecasting, and long-term data archiving and access 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 Administra- tion 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, distrib- utes, 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 elec- tric ground currents. VerDate Sep 11 2014 13:29 Oct 26, 2020 Jkt 019139 PO 00181 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL181.116 PUBL181 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 884 PUBLIC LAW 116–181—OCT. 21, 2020 ‘‘(F) The Federal Aviation Administration provides operational requirements for space weather services in sup- port 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) 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 Fed- eral 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 (c). ‘‘(c) SPACE WEATHER INTERAGENCY WORKING GROUP.—Not later than 90 days after the date of enactment of the PROSWIFT Act, the National Science and Technology Council shall establish an interagency working group on space weather (in this chapter referred to as the ‘interagency working group’) to coordinate execu- tive branch actions that improve the understanding and prediction of and preparation for space weather phenomena, and coordinate Federal space weather activities. ‘‘(1) MEMBERSHIP.—The following entities shall be members of the interagency working group: ‘‘(A) The National Oceanic and Atmospheric Adminis- tration. ‘‘(B) The National Aeronautics and Space Administra- tion. ‘‘(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 appro- priate. ‘‘(2) INTERAGENCY AGREEMENTS.— ‘‘(A) The members of the interagency working group may enter into one or more interagency agreements pro- viding for cooperation and collaboration in the development of space weather spacecraft, instruments, technologies, and research to operations and operations to research in accord- ance with this chapter. ‘‘(B) 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. ‘‘(3) INTERNATIONAL, ACADEMIC COMMUNITY, AND COMMER- CIAL SECTOR COLLABORATION.—Each Federal agency partici- pating in the space weather interagency working group estab- lished 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 Deadline. Establishment. Coordination. VerDate Sep 11 2014 13:29 Oct 26, 2020 Jkt 019139 PO 00181 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL181.116 PUBL181 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 885 PUBLIC LAW 116–181—OCT. 21, 2020 scientific research necessary to advance the monitoring, fore- casting, and prediction of, preparation for, and protection from, space weather phenomena. ‘‘(d) SPACE WEATHER ADVISORY GROUP.— ‘‘(1) IN GENERAL.— ‘‘(A) ESTABLISHMENT.—Not later than 180 days after the date of the enactment of the PROSWIFT 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 commu- nity, the commercial space weather sector, and space weather end users that informs the interests and work of the interagency working group. ‘‘(B) COMPOSITION.—The advisory group shall be com- posed of not more than 15 members appointed by the interagency working group, of whom— ‘‘(i) 5 members shall be representatives of the aca- demic community; ‘‘(ii) 5 members shall be representatives of the commercial space weather sector; and ‘‘(iii) 5 members shall be nongovernmental rep- resentatives of the space weather end user community. ‘‘(C) CHAIR.—Not later than 30 days after the date on which the last member of the advisory group is appointed under subparagraph (B), the Administrator of the National Oceanic and Atmospheric Administration shall appoint 1 member as the Chair of the advisory group. ‘‘(D) 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. ‘‘(E) 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 inter- agency working group on the following: ‘‘(A) Facilitating advances in the space weather enter- prise of the United States. ‘‘(B) Improving the ability of the United States to pre- pare for, mitigate, respond to, and recover from space weather phenomena. ‘‘(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 180 days after the establishment of the advisory group, the advisory group shall conduct a comprehensive survey of the needs of users Deadline. Deadline. Appointment. Appointments. Deadline. Consultation. VerDate Sep 11 2014 13:29 Oct 26, 2020 Jkt 019139 PO 00181 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL181.116 PUBL181 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 886 PUBLIC LAW 116–181—OCT. 21, 2020 of space weather products to identify the space weather research, observations, forecasting, prediction, and mod- eling advances required to improve space weather products. ‘‘(B) SURVEY CONSIDERATIONS.—The survey conducted under subparagraph (A) shall— ‘‘(i) assess the adequacy of current Federal Govern- ment goals for lead time, accuracy, coverage, timeli- ness, data rate, and data quality for space weather observations and forecasting; ‘‘(ii) identify options and methods to, in consulta- tion 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, fore- casting, 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 appro- priately identified by the survey under subparagraph (A). ‘‘(D) BRIEFING TO CONGRESS.—Not later than 30 days after the completion of the survey under subparagraph (A), the advisory group shall provide to the Committee on Science, Space, and Technology of the House of Rep- resentatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on the results of the survey under subparagraph (A). ‘‘(E) PUBLICATION.—Within 30 days of the briefing to Congress, the advisory group shall make the results of the survey under subparagraph (A) publicly available. ‘‘(F) REEVALUATION.—The advisory group shall review and assess the survey under subparagraph (A) not less than every 3 years and update, resubmit, and republish the survey in accordance with the requirements of subpara- graphs (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. ‘‘§ 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 Deadlines. 51 USC 60602. Review. Assessment. Time period. Update. Deadline. Public information. Deadline. Consultation. Assessment. VerD [Text truncated for display. Full text available on Congress.gov.]