Subtitle VI—Earth Observations
CHAPTER 601 —LAND REMOTE SENSING POLICY
SUBCHAPTER I—GENERAL
SUBCHAPTER II—LANDSAT
SUBCHAPTER III—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS
SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND DEMONSTRATION
SUBCHAPTER V—GENERAL PROVISIONS
SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES
Editorial Notes
Amendments
2015—
SUBCHAPTER I—GENERAL
§60101. Definitions
In this chapter:
(1)
(2)
(A) sufficiently consistent (in terms of acquisition geometry, coverage characteristics, and spectral characteristics) with previous Landsat data to allow comparisons for global and regional change detection and characterization; and
(B) compatible with such data and with methods used to receive and process such data.
(3)
(A) may include—
(i) rectification of system and sensor distortions in land remote sensing data as it is received directly from the satellite in preparation for delivery to a user;
(ii) registration of such data with respect to features of the Earth; and
(iii) calibration of spectral response with respect to such data; but
(B) does not include conclusions, manipulations, or calculations derived from such data, or a combination of such data with other data.
(4)
(5)
(A) established by, and responsible to, the Administrator and the Secretary of Defense pursuant to
(B) consisting of appropriate officers and employees of the Administration, the Department of Defense, and any other United States Government agencies the President designates as responsible for the Landsat program.
(6)
(7)
(8)
(9)
(10)
(A) such data shall not be used in connection with any bid for a commercial contract, development of a commercial product, or any other non-United States Government activity that is expected, or has the potential, to be profitmaking;
(B) the results of such activities are disclosed in a timely and complete fashion in the open technical literature or other method of public release, except when such disclosure by the United States Government or its contractors would adversely affect the national security or foreign policy of the United States or violate a provision of law or regulation; and
(C) such data shall not be distributed in competition with unenhanced data provided by the Landsat 6 contractor.
(11)
(12)
(13)
(A) United States Government agencies;
(B) researchers involved with the United States Global Change Research Program and its international counterpart programs; and
(C) other researchers and international entities that have signed with the United States Government a cooperative agreement involving the use of Landsat data for noncommercial purposes.
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60101 |
The definition of "Administrator" in section 3 of the Land Remote Sensing Policy Act of 1992 (
Statutory Notes and Related Subsidiaries
Findings
"(1) The continuous collection and utilization of land remote sensing data from space are of major benefit in studying and understanding human impacts on the global environment, in managing the Earth's natural resources, in carrying out national security functions, and in planning and conducting many other activities of scientific, economic, and social importance.
"(2) The Federal Government's Landsat system established the United States as the world leader in land remote sensing technology.
"(3) The national interest of the United States lies in maintaining international leadership in satellite land remote sensing and in broadly promoting the beneficial use of remote sensing data.
"(4) The cost of Landsat data has impeded the use of such data for scientific purposes, such as for global environmental change research, as well as for other public sector applications.
"(5) Given the importance of the Landsat program to the United States, urgent actions, including expedited procurement procedures, are required to ensure data continuity.
"(6) Full commercialization of the Landsat program cannot be achieved within the foreseeable future, and thus should not serve as the near-term goal of national policy on land remote sensing; however, commercialization of land remote sensing should remain a long-term goal of United States policy.
"(7) Despite the success and importance of the Landsat system, funding and organizational uncertainties over the past several years have placed its future in doubt and have jeopardized United States leadership in land remote sensing.
"(8) Recognizing the importance of the Landsat program in helping to meet national and commercial objectives, the President approved, on February 11, 1992, a National Space Policy Directive which was developed by the National Space Council and commits the United States to ensuring the continuity of Landsat coverage into the 21st century.
"(9) Because Landsat data are particularly important for national security purposes and global environmental change research, management responsibilities for the program should be transferred from the Department of Commerce to an integrated program management involving the Department of Defense and the National Aeronautics and Space Administration.
"(10) Regardless of management responsibilities for the Landsat program, the Nation's broad civilian, national security, commercial, and foreign policy interests in remote sensing will best be served by ensuring that Landsat remains an unclassified program that operates according to the principles of open skies and nondiscriminatory access.
"(11) Technological advances aimed at reducing the size and weight of satellite systems hold the potential for dramatic reductions in the cost, and substantial improvements in the capabilities, of future land remote sensing systems, but such technological advances have not been demonstrated for land remote sensing and therefore cannot be relied upon as the sole means of achieving data continuity for the Landsat program.
"(12) A technology demonstration program involving advanced remote sensing technologies could serve a vital role in determining the design of a follow-on spacecraft to Landsat 7, while also helping to determine whether such a spacecraft should be funded by the United States Government, by the private sector, or by an international consortium.
"(13) To maximize the value of the Landsat program to the American public, unenhanced Landsat 4 through 6 data should be made available, at a minimum, to United States Government agencies, to global environmental change researchers, and to other researchers who are financially supported by the United States Government, at the cost of fulfilling user requests, and unenhanced Landsat 7 data should be made available to all users at the cost of fulfilling user requests.
"(14) To stimulate development of the commercial market for unenhanced data and value-added services, the United States Government should adopt a data policy for Landsat 7 which allows competition within the private sector for distribution of unenhanced data and value-added services.
"(15) Development of the remote sensing market and the provision of commercial value-added services based on remote sensing data should remain exclusively the function of the private sector.
"(16) It is in the best interest of the United States to maintain a permanent, comprehensive Government archive of global Landsat and other land remote sensing data for long-term monitoring and study of the changing global environment."
[For definition of terms used in section 2 of
SUBCHAPTER II—LANDSAT
§60111. Landsat Program Management
(a)
(b)
(1) specify that the fundamental goal of the Landsat Program Management is the continuity of unenhanced Landsat data through the acquisition and operation of a Landsat 7 satellite as quickly as practicable which is, at a minimum, functionally equivalent to the Landsat 6 satellite, with the addition of a tracking and data relay satellite communications capability;
(2) include a baseline funding profile that—
(A) is mutually acceptable to the Administration and the Department of Defense for the period covering the development and operation of Landsat 7; and
(B) provides for total funding responsibility of the Administration and the Department of Defense, respectively, to be approximately equal to the funding responsibility of the other as spread across the development and operational life of Landsat 7;
(3) specify that any improvements over the Landsat 6 functional equivalent capability for Landsat 7 will be funded by a specific sponsoring agency or agencies, in a manner agreed to by the Landsat Program Management, if the required funding exceeds the baseline funding profile required by paragraph (2), and that additional improvements will be sought only if the improvements will not jeopardize data continuity; and
(4) provide for a technology demonstration program whose objective shall be the demonstration of advanced land remote sensing technologies that may potentially yield a system which is less expensive to build and operate, and more responsive to data users, than is the current Landsat system.
(c)
(1) Landsat 7 procurement, launch, and operations;
(2) ensuring that the operation of the Landsat system is responsive to the broad interests of the civilian, national security, commercial, and foreign users of the Landsat system;
(3) ensuring that all unenhanced Landsat data remain unclassified and that, except as provided in subsections (a) and (b) of
(4) ensuring that land remote sensing data of high priority locations will be acquired by the Landsat 7 system as required to meet the needs of the United States Global Change Research Program, as established in the Global Change Research Act of 1990 (
(5) Landsat data responsibilities pursuant to this chapter;
(6) oversight of Landsat contracts entered into under sections 102 1 and 103 1 of the Land Remote Sensing Policy Act of 1992 (
(7) coordination of a technology demonstration program pursuant to
(8) ensuring that copies of data acquired by the Landsat system are provided to the National Satellite Land Remote Sensing Data Archive.
(d)
(e)
(1)
(A) a broad range of perspectives on basic and applied science and operational needs with respect to land remote sensing data;
(B) the full spectrum of users of Landsat data, including representatives from United States Government agencies, State and local government agencies, academic institutions, nonprofit organizations, value-added companies, the agricultural, mineral extraction, and other user industries, and the public; and
(C) a broad diversity of age groups, sexes, and races.
(2)
(A) reports the public comments received pursuant to paragraph (1); and
(B) includes—
(i) a response to the public comments received pursuant to paragraph (1);
(ii) information on the volume of use, by category, of data from the Landsat system; and
(iii) any recommendations for policy or programmatic changes to improve the utility and operation of the Landsat system.
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60111 |
In subsection (b), in the matter before paragraph (1), after the words "funding expectations for the Landsat", the word "program" is set out without being capitalized to correct an error in the law.
In subsection (c)(6), the words "sections 102 and 103 of the Land Remote Sensing Policy Act of 1992 (
In subsection (e)(2), in the matter before subparagraph (A), the word "biennially" is substituted for "Within 1 year after the date of the enactment of this Act and biennially thereafter," to eliminate obsolete language.
Editorial Notes
References in Text
The Global Change Research Act of 1990, referred to in subsec. (c)(4), is
Sections 102 and 103 of the Land Remote Sensing Policy Act of 1992, referred to in subsec. (c)(6), which were classified to sections 5612 and 5613, respectively, of Title 15, Commerce and Trade, were repealed by
Statutory Notes and Related Subsidiaries
Development, Procurement, and Support
Similar provisions were contained in the following prior appropriation act:
1 See References in Text note below.
§60112. Transfer of Landsat 6 program responsibilities
The responsibilities of the Secretary with respect to Landsat 6 shall be transferred to the Landsat Program Management, as agreed to between the Secretary and the Landsat Program Management, pursuant to
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60112 |
§60113. Data policy for Landsat 7
(a)
(1) ensure that unenhanced data are available to all users at the cost of fulfilling user requests;
(2) ensure timely and dependable delivery of unenhanced data to the full spectrum of civilian, national security, commercial, and foreign users and the National Satellite Land Remote Sensing Data Archive;
(3) ensure that the United States retains ownership of all unenhanced data generated by Landsat 7;
(4) support the development of the commercial market for remote sensing data;
(5) ensure that the provision of commercial value-added services based on remote sensing data remains exclusively the function of the private sector; and
(6) to the extent possible, ensure that the data distribution system for Landsat 7 is compatible with the Earth Observing System Data and Information System.
(b)
(1) United States private sector entities to operate ground receiving stations in the United States for Landsat 7 data;
(2) other means for direct access by private sector entities to unenhanced data from Landsat 7; and
(3) the United States Government to charge a per image fee, license fee, or other such fee to entities operating ground receiving stations or distributing Landsat 7 data.
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60113 |
SUBCHAPTER III—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS
§60121. General licensing authority
(a)
(1)
(2)
(b)
(1)
(2)
(c)
(d)
(e)
(1)
(2)
(A) such data are generated by a system for which all or a substantial part of the development, fabrication, launch, or operations costs have been or will be directly funded by the United States Government; or
(B) it is in the interest of the United States to require such data to be provided by the licensee consistent with
(3)
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60121 |
In subsection (b)(2), the words "within 6 months after the date of the enactment of the Commercial Space Act of 1998" are omitted as obsolete.
Statutory Notes and Related Subsidiaries
Prohibition on Collection and Release of Detailed Satellite Imagery Relating to Israel
"(a)
"(b)
§60122. Conditions for operation
(a)
(b)
(1) operate the system in such manner as to preserve the national security of the United States and to observe the international obligations of the United States in accordance with
(2) make available to the government of any country (including the United States) unenhanced data collected by the system concerning the territory under the jurisdiction of such government as soon as such data are available and on reasonable terms and conditions;
(3) make unenhanced data designated by the Secretary in the license pursuant to
(4) upon termination of operations under the license, make disposition of any satellites in space in a manner satisfactory to the President;
(5) furnish the Secretary with complete orbit and data collection characteristics of the system, and inform the Secretary immediately of any deviation; and
(6) notify the Secretary of any significant or substantial agreement the licensee intends to enter with a foreign nation, entity, or consortium involving foreign nations or entities.
(c)
(1) notify the Secretary of any value added activities (as defined by the Secretary by regulation) that will be conducted by the Landsat 6 contractor or by a subsidiary or affiliate; and
(2) if such activities are to be conducted, provide the Secretary with a plan for compliance with
(
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60122 |
In subsection (c), in the matter before paragraph (1), the words "subsection (b)" are substituted for "paragraph (b)" to correct an error in the law.
§60123. Administrative authority of Secretary
(a)
(1) grant, condition, or transfer licenses under this chapter;
(2) seek an order of injunction or similar judicial determination from a district court of the United States with personal jurisdiction over the licensee to terminate, modify, or suspend licenses under this subchapter and to terminate licensed operations on an immediate basis, if the Secretary determines that the licensee has substantially failed to comply with any provisions of this chapter, with any terms, conditions, or restrictions of such license, or with any international obligations or national security concerns of the United States;
(3) provide penalties for noncompliance with the requirements of licenses or regulations issued under this subchapter, including civil penalties not to exceed $10,000 (each day of operation in violation of such licenses or regulations constituting a separate violation);
(4) compromise, modify, or remit any such civil penalty;
(5) issue subpoenas for any materials, documents, or records, or for the attendance and testimony of witnesses for the purpose of conducting a hearing under this section;
(6) seize any object, record, or report pursuant to a warrant from a magistrate based on a showing of probable cause to believe that such object, record, or report was used, is being used, or is likely to be used in violation of this chapter or the requirements of a license or regulation issued thereunder; and
(7) make investigations and inquiries and administer to or take from any person an oath, affirmation, or affidavit concerning any matter relating to the enforcement of this chapter.
(b)
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60123 |
In subsection (a), at the end of paragraph (2), a semicolon is substituted for the period to correct an error in the law.
§60124. Regulatory authority of Secretary
The Secretary may issue regulations to carry out this subchapter. Such regulations shall be promulgated only after public notice and comment in accordance with the provisions of
(
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60124 |
§60125. Agency activities
(a)
(1) the system operator agrees to reimburse the Government in a timely manner for all related costs incurred with respect to such utilization, including a reasonable and proportionate share of fixed, platform, data transmission, and launch costs; and
(2) such utilization would not interfere with or otherwise compromise intended civilian Government missions, as determined by the agency responsible for such civilian platform.
(b)
(c)
(d)
(e)
(
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60125 |
Editorial Notes
References in Text
The Communications Act of 1934, referred to in subsec. (e), is act June 19, 1934, ch. 652,
§60126. Annual reports
(a)
(1) the Secretary's implementation of section 60121, including—
(A) a list of all applications received in the previous calendar year;
(B) a list of all applications that resulted in a license under section 60121;
(C) a list of all applications denied and an explanation of why each application was denied, including any information relevant to the interagency adjudication process of a licensing request;
(D) a list of all applications that required additional information; and
(E) a list of all applications whose disposition exceeded the 120 day deadline established in section 60121(c), the total days overdue for each application that exceeded such deadline, and an explanation for the delay;
(2) all notifications and information provided to the Secretary under section 60122; and
(3) a description of all actions taken by the Secretary under the administrative authority granted by paragraphs (4), (5), and (6) of section 60123(a).
(b)
(c)
(Added
Editorial Notes
References in Text
The date of enactment of the U.S. Commercial Space Launch Competitiveness Act, referred to in subsec. (a), is the date of enactment of
SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND DEMONSTRATION
§60131. Continued Federal research and development
(a)
(1)
(2)
(A) conduct experimental space remote sensing programs (including applications demonstration programs and basic research at universities);
(B) develop remote sensing technologies and techniques, including those needed for monitoring the Earth and its environment; and
(C) conduct such research and development in cooperation with other United States Government agencies and with public and private research entities (including private industry, universities, non-profit organizations, State and local governments, foreign governments, and international organizations) and to enter into arrangements (including joint ventures) which will foster such cooperation.
(b)
(1)
(2)
(c)
(
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60131 |
§60132. Availability of federally gathered unenhanced data
(a)
(b)
(
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60132 |
In subsection (b), the word "affect" is substituted for "effect" to correct an error in the law.
§60133. Technology demonstration program
(a)
(1) seek to launch advanced land remote sensing system components within 5 years after October 28, 1992;
(2) demonstrate within such 5-year period advanced sensor capabilities suitable for use in the anticipated land remote sensing program; and
(3) demonstrate within such 5-year period an advanced land remote sensing system design that could be less expensive to procure and operate than the Landsat system projected to be in operation through the year 2000, and that therefore holds greater potential for private sector investment and control.
(b)
(c)
(d)
(e)
(
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60133 |
In subsection (a)(1), the date "October 28, 1992" is substituted for "the date of the enactment of this Act" to reflect the date of enactment of the Land Remote Sensing Policy Act of 1992 (
§60134. Preference for private sector land remote sensing system
(a)
(b)
(1) to encourage the development, launch, and operation of a land remote sensing system that adequately serves the civilian, national security, commercial, and foreign policy interests of the United States;
(2) to encourage the development, launch, and operation of a land remote sensing system that maintains data continuity with the Landsat system; and
(3) to incorporate system enhancements, including any such enhancements developed under the technology demonstration program under
(
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60134(a) | ||
60134(b) |
In subsection (b), in the matter before paragraph (1), the words "In carrying out subsection (a), the Landsat Program Management shall consider the ability of each of the options to" are omitted as obsolete. The omitted words refer to section 401(a) of the Land Remote Sensing Policy Act of 1992 (
In subsection (b)(3), the words "otherwise projected to be in operation in the future" are substituted for "projected to be in operation through the year 2000" to eliminate obsolete language.
SUBCHAPTER V—GENERAL PROVISIONS
§60141. Nondiscriminatory data availability
(a)
(b)
(
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60141 |
§60142. Archiving of data
(a)
(1) maintain an archive of land remote sensing data for historical, scientific, and technical purposes, including long-term global environmental monitoring;
(2) control the content and scope of the archive; and
(3) ensure the quality, integrity, and continuity of the archive.
(b)
(c)
(1) use as a baseline the data archived on October 28, 1992;
(2) take into account future technical and scientific developments and needs, paying particular attention to the anticipated data requirements of global environmental change research;
(3) consult with and seek the advice of users and producers of remote sensing data and data products;
(4) consider the need for data which may be duplicative in terms of geographical coverage but which differ in terms of season, spectral bands, resolution, or other relevant factors;
(5) include, as the Secretary of the Interior considers appropriate, unenhanced data generated either by the Landsat system, pursuant to subchapter II, or by licensees under subchapter III;
(6) include, as the Secretary of the Interior considers appropriate, data collected by foreign ground stations or by foreign remote sensing space systems; and
(7) ensure that the content of the archive is developed in accordance with
(d)
(
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60142 |
In subsection (b), the words "hereafter in this section" are substituted for "hereinafter" for clarity.
In subsection (c), in the matter before paragraph (1), the words "of the Interior" are substituted for "of Interior" to correct an error in the law.
In subsection (c)(1), the date "October 28, 1992" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the Land Remote Sensing Policy Act of 1992 (
§60143. Nonreproduction
Unenhanced data distributed by any licensee under subchapter III may be sold on the condition that such data will not be reproduced or disseminated by the purchaser for commercial purposes.
(
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60143 |
§60144. Reimbursement for assistance
The Administrator, the Secretary of Defense, and the heads of other United States Government agencies may provide assistance to land remote sensing system operators under the provisions of this chapter. Substantial assistance shall be reimbursed by the operator, except as otherwise provided by law.
(
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60144 |
§60145. Acquisition of equipment
The Landsat Program Management may, by means of a competitive process, allow a licensee under subchapter III or any other private party to buy, lease, or otherwise acquire the use of equipment from the Landsat system, when such equipment is no longer needed for the operation of such system or for the sale of data from such system. Officials of other United States Government civilian agencies are authorized and encouraged to cooperate with the Secretary in carrying out this section.
(
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60145 |
§60146. Radio frequency allocation
(a)
(b)
(c)
(d)
(
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60146 |
Editorial Notes
References in Text
The Communications Act of 1934, referred to in subsecs. (a) and (b), is act June 19, 1934, ch. 652,
§60147. Consultation
(a)
(b)
(1)
(2)
(3)
(c)
(d)
(
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60147 |
§60148. Enforcement
(a)
(b)
(1) receives unenhanced data from the Landsat system under this chapter solely for noncommercial purposes (and at a different price than the price at which such data are made available for other purposes); and
(2) uses such data for other than noncommercial purposes.
(c)
(d)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
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60148 |
In subsection (d), in the second sentence, the words "have been, or are being" are substituted for "has been, or is being" to correct an error in the law.
SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES
§60161. Prohibition
Neither the President nor any other official of the Government shall make any effort to lease, sell, or transfer to the private sector, or commercialize, any portion of the weather satellite systems operated by the Department of Commerce or any successor agency.
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60161 |
§60162. Future considerations
Regardless of any change in circumstances subsequent to October 28, 1992, even if such change makes it appear to be in the national interest to commercialize weather satellites, neither the President nor any official shall take any action prohibited by
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
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60162 |
The date "October 28, 1992" is substituted for "the enactment of this Act" to reflect the date of enactment of the Land Remote Sensing Policy Act of 1992 (
CHAPTER 603 —REMOTE SENSING
§60301. Definitions
In this chapter:
(1)
(2)
(3)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
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60301 |
§60302. General responsibilities
The Administrator shall—
(1) develop a sustained relationship with the United States commercial remote sensing industry and, consistent with applicable policies and law, to the maximum practicable, rely on their services; and
(2) in conjunction with United States industry and universities, research, develop, and demonstrate prototype Earth science applications to enhance Federal, State, local, and tribal governments' use of government and commercial remote sensing data, technologies, and other sources of geospatial information for improved decision support to address their needs.
(
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60302 |
§60303. Pilot projects to encourage public sector applications
(a)
(b)
(1) make use of commercial data sets, including high resolution commercial satellite imagery and derived satellite data products, existing public data sets where commercial data sets are not available or applicable, or the fusion of such data sets;
(2) integrate multiple sources of geospatial information, such as geographic information system data, satellite-provided positioning data, and remotely sensed data, in innovative ways;
(3) include funds or in-kind contributions from non-Federal sources;
(4) involve the participation of commercial entities that process raw or lightly processed data, often merging that data with other geospatial information, to create data products that have significant value added to the original data; and
(5) taken together demonstrate as diverse a set of public sector applications as possible.
(c)
(1) in the development of commercial applications potentially available from the remote sensing industry; and
(2) State, local, regional, and tribal agencies in applying remote sensing and other geospatial information technologies for growth management.
(d)
(e)
(f)
(g)
(
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60303 |
§60304. Program evaluation
(a)
(b)
(
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60304 |
Editorial Notes
Amendments
2022—Subsec. (a).
§60305. Data availability
The Administrator shall ensure that the results of each of the pilot projects completed under
(
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60305 |
§60306. Education
The Administrator shall establish an educational outreach program to increase awareness at institutions of higher education and State, local, regional, and tribal agencies of the potential applications of remote sensing and other geospatial information and awareness of the need for geospatial workforce development.
(
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60306 |
CHAPTER 605 —EARTH SCIENCE
§60501. Goal
The goal for the Administration's Earth Science program shall be to pursue a program of Earth observations, research, and applications activities to better understand the Earth, how it supports life, and how human activities affect its ability to do so in the future. In pursuit of this goal, the Administration's Earth Science program shall ensure that securing practical benefits for society will be an important measure of its success in addition to securing new knowledge about the Earth system and climate change. In further pursuit of this goal, the Administration shall, together with the National Oceanic and Atmospheric Administration and other relevant agencies, provide United States leadership in developing and carrying out a cooperative international Earth observations-based research program.
(
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60501 |
Statutory Notes and Related Subsidiaries
Earth Science Missions and Programs
"(a)
"(1) the Earth science and applications program of the [National Aeronautics and Space] Administration provides increasingly valuable data for natural resource management, agriculture, forestry, food security, air quality monitoring, and many other application areas; and
"(2) a robust and balanced Earth science and applications program contributes significantly to—
"(A) the scientific discovery and economic growth of the United States; and
"(B) supporting the health and safety of the people of the United States and the citizens of the world.
"(b)
"(c)
"(1) the science priorities described in such survey;
"(2) the execution of the series of existing or previously planned observations (commonly known as the 'program of record'); and
"(3) the development of a range of missions of all classes, including opportunities for principal investigator-led, competitively selected missions.
"(d)
"(1) to address the recommendations of the 2018 Earth science and applications decadal survey of the National Academies of Sciences, Engineering, and Medicine entitled 'Thriving on our Changing Planet', including by conducting priority observations in—
"(A) aerosols;
"(B) cloud convection and precipitation;
"(C) mass change;
"(D) surface biology and geology;
"(E) surface deformation and change; and
"(F) other observation areas designated as high-priority by such decadal survey; and
"(2) to achieve the goal of the Earth Science Program set forth in
"(e)
"(1)
"(2)
"(f)
"(1) maintain a comprehensive, strategic Climate Architecture Plan for Earth Observations and Applications from Space that describes an integrated and balanced program of Earth science and applications observations to advance science, policy, and applications and societal benefits; and
"(2) update such plan every 5 years so as to align with the release of the decadal surveys in Earth science and applications from space and the mid-decade assessments of the National Academics of Sciences, Engineering, and Medicine [probably should be "National Academies of Sciences, Engineering, and Medicine"]."
Carbon Cycle Remote Sensing Applications Research
"(a)
"(1)
"(A) to provide a comprehensive view of vegetation conditions;
"(B) to assess and model agricultural carbon sequestration; and
"(C) to encourage the development of commercial products, as appropriate.
"(2)
"(3)
"(A) the mapping of carbon-sequestering land use and land cover;
"(B) the monitoring of changes in land cover and management;
"(C) new approaches for the remote sensing of soil carbon; and
"(D) region-scale carbon sequestration estimation.
"(b)
Earth Observing System
§60502. Transitioning experimental research into operational services
(a)
(b)
(c)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60502(a) | ||
60502(b) | ||
60502(c) |
§60503. Reauthorization of Glory Mission
Congress reauthorizes the Administration to continue with development of the Glory Mission, which will examine how aerosols and solar energy affect the Earth's climate.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60503 |
§60504. Tornadoes and other severe storms
The Administrator shall ensure that the Administration gives high priority to those parts of its existing cooperative activities with the National Oceanic and Atmospheric Administration that are related to the study of tornadoes and other severe storms, tornado-force winds, and other factors determined to influence the development of tornadoes and other severe storms, with the goal of improving the Nation's ability to predict tornados and other severe storms. Further, the Administrator shall examine whether there are additional cooperative activities with the National Oceanic and Atmospheric Administration that should be undertaken in the area of tornado and severe storm research.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60504 |
§60505. Coordination with the National Oceanic and Atmospheric Administration
(a)
(b)
(c)
(d)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60505 |
In subsection (b), the words "beginning with the first fiscal year after the date of enactment of this Act [December 30, 2005]" are omitted as obsolete.
In subsection (b), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
§60506. Sharing of climate related data
The Administrator shall work to ensure that the Administration's policies on the sharing of climate related data respond to the recommendations of the Government Accountability Office's report on climate change research and data-sharing policies and to the recommendations on the processing, distribution, and archiving of data by the National Academies Earth Science Decadal Survey, "Earth Science and Applications from Space", and other relevant National Academies reports, to enhance and facilitate their availability and widest possible use to ensure public access to accurate and current data on global warming.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60506 |
CHAPTER 606 —SPACE WEATHER
§60601. Space weather
(a)
(1)
(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 phenomena.
(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)
(A) The National Oceanic and Atmospheric Administration 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 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)
(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 (c).
(c)
(1)
(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)
(A) 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.
(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)
(d)
(1)
(A)
(B)
(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.
(C)
(D)
(E)
(i)
(ii)
(2)
(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 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)
(A)
(B)
(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)
(D)
(E)
(F)
(4)
(
Editorial Notes
References in Text
The date of enactment of the PROSWIFT Act, referred to in subsecs. (c) and (d)(1)(A), is the date of enactment of
Section 14 of the Federal Advisory Committee Act, referred to in subsec. (d)(4), is section 14 of
Statutory Notes and Related Subsidiaries
Space Weather Policy
Executive Documents
Ex. Ord. No. 13744. Coordinating Efforts To Prepare the Nation for Space Weather Events
Ex. Ord. No. 13744, Oct. 13, 2016, 81 F.R. 71573, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to prepare the Nation for space weather events, it is hereby ordered as follows:
It is the policy of the United States to prepare for space weather events to minimize the extent of economic loss and human hardship. The Federal Government must have (1) the capability to predict and detect a space weather event, (2) the plans and programs necessary to alert the public and private sectors to enable mitigating actions for an impending space weather event, (3) the protection and mitigation plans, protocols, and standards required to reduce risks to critical infrastructure prior to and during a credible threat, and (4) the ability to respond to and recover from the effects of space weather. Executive departments and agencies (agencies) must coordinate their efforts to prepare for the effects of space weather events.
(b) To ensure accountability for and coordination of research, development, and implementation of activities identified in this order and in the Action Plan, the NSTC shall establish a Space Weather Operations, Research, and Mitigation Subcommittee (Subcommittee). The Subcommittee member agencies shall conduct activities to advance the implementation of this order, to achieve the goals identified in the 2015 National Space Weather Strategy and any subsequent updates, and to coordinate and monitor the implementation of the activities specified in the Action Plan and provide subsequent updates.
(a) The Secretary of Defense shall ensure the timely provision of operational space weather observations, analyses, forecasts, and other products to support the mission of the Department of Defense and coalition partners, including the provision of alerts and warnings for space weather phenomena that may affect weapons systems, military operations, or the defense of the United States.
(b) The Secretary of the Interior shall support the research, development, deployment, and operation of capabilities that enhance the understanding of variations of the Earth's magnetic field associated with solar-terrestrial interactions.
(c) The Secretary of Commerce shall:
(i) provide timely and accurate operational space weather forecasts, watches, warnings, alerts, and real-time space weather monitoring for the government, civilian, and commercial sectors, exclusive of the responsibilities of the Secretary of Defense; and
(ii) ensure the continuous improvement of operational space weather services, utilizing partnerships, as appropriate, with the research community, including academia and the private sector, and relevant agencies to develop, validate, test, and transition space weather observation platforms and models from research to operations and from operations to research.
(d) The Secretary of Energy shall facilitate the protection and restoration of the reliability of the electrical power grid during a presidentially declared grid security emergency associated with a geomagnetic disturbance pursuant to
(e) The Secretary of Homeland Security shall:
(i) ensure the timely redistribution of space weather alerts and warnings that support national preparedness, continuity of government, and continuity of operations; and
(ii) coordinate response and recovery from the effects of space weather events on critical infrastructure and the broader community.
(f) The Administrator of the National Aeronautics and Space Administration (NASA) shall:
(i) implement and support a national research program to understand the Sun and its interactions with Earth and the solar system to advance space weather modeling and prediction capabilities applicable to space weather forecasting;
(ii) develop and operate space-weather-related research missions, instrument capabilities, and models; and
(iii) support the transition of space weather models and technology from research to operations and from operations to research.
(g) The Director of the National Science Foundation (NSF) shall support fundamental research linked to societal needs for space weather information through investments and partnerships, as appropriate.
(h) The Secretary of State, in consultation with the heads of relevant agencies, shall carry out diplomatic and public diplomacy efforts to strengthen global capacity to respond to space weather events.
(i) The Secretaries of Defense, the Interior, Commerce, Transportation, Energy, and Homeland Security, along with the Administrator of NASA and the Director of NSF, shall work together, consistent with their ongoing activities, to develop models, observation systems, technologies, and approaches that inform and enhance national preparedness for the effects of space weather events, including how space weather events may affect critical infrastructure and change the threat landscape with respect to other hazards.
(j) The heads of all agencies that support National Essential Functions, defined by Presidential Policy Directive 40 (PPD–40) of July 15, 2016 (National Continuity Policy), shall ensure that space weather events are adequately addressed in their all-hazards preparedness planning, including mitigation, response, and recovery, as directed by PPD–8 of March 30, 2011 (National Preparedness).
(k) NSTC member agencies shall coordinate through the NSTC to establish roles and responsibilities beyond those identified in section 4 of this order to enhance space weather preparedness, consistent with each agency's legal authority.
(b) Within 120 days of the date of this order, the heads of the sector-specific agencies that oversee the lifeline critical infrastructure functions as defined by the National Infrastructure Protection Plan of 2013—including communications, energy, transportation, and water and wastewater systems—as well as the Nuclear Reactors, Materials, and Waste Sector, shall assess their executive and statutory authority, and limits of that authority, to direct, suspend, or control critical infrastructure operations, functions, and services before, during, and after a space weather event. The heads of each sector-specific agency shall provide a summary of these assessments to the Subcommittee.
(c) Within 90 days of receipt of the assessments ordered in section 5(b) of this order, the Subcommittee shall provide a report on the findings of these assessments with recommendations to the Director of OSTP, the Assistant to the President for Homeland Security and Counterterrorism, and the Director of OMB. The assessments may be used to inform the development and implementation of policy establishing authorities and responsibilities for agencies in response to a space weather event.
(d) Within 60 days of the date of this order, the Secretaries of Defense and Commerce, the Administrator of NASA, and the Director of NSF, in collaboration with other agencies as appropriate, shall identify mechanisms for advancing space weather observations, models, and predictions, and for sustaining and transitioning appropriate capabilities from research to operations and operations to research, collaborating with industry and academia to the extent possible.
(e) Within 120 days of the date of this order, the Secretaries of Defense and Commerce shall make historical data from the GPS constellation and other U.S. Government satellites publicly available, in accordance with Executive Order 13642 of May 9, 2013 (Making Open and Machine Readable the New Default for Government Information), to enhance model validation and improvements in space weather forecasting and situational awareness.
(f) Within 120 days of the date of this order, the Secretary of Homeland Security, through the Administrator of the Federal Emergency Management Agency and in coordination with relevant agencies, shall lead the development of a coordinated Federal operating concept and associated checklist to coordinate Federal assets and activities to respond to notification of, and protect against, impending space weather events. Within 180 days of the publication of the operating concept and checklist, agencies shall develop operational plans documenting their procedures and responsibilities to prepare for, protect against, and mitigate the effects of impending space weather events, in support of the Federal operating concept and compatible with the National Preparedness System described in PPD–8.
(a) "Prepare" and "preparedness" have the same meaning they have in PPD–8. They refer to the actions taken to plan, organize, equip, train, and exercise to build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. This includes the prediction and notification of space weather events.
(b) "Space weather" means variations in the space environment between the Sun and Earth (and throughout the solar system) that can affect technologies in space and on Earth. The primary types of space weather events are solar flares, solar energetic particles, and geomagnetic disturbances.
(c) "Solar flare" means a brief eruption of intense energy on or near the Sun's surface that is typically associated with sunspots.
(d) "Solar energetic particles" means ions and electrons ejected from the Sun that are typically associated with solar eruptions.
(e) "Geomagnetic disturbance" means a temporary disturbance of Earth's magnetic field resulting from solar activity.
(f) "Critical infrastructure" has the meaning provided in section 1016(e) of the USA Patriot Act of 2001 (
(g) "Sector-Specific Agency" means the agencies designated under PPD–21 of February 12, 2013 (Critical Infrastructure Security and Resilience), or any successor directive, to be responsible for providing institutional knowledge and specialized expertise as well as leading, facilitating, or supporting the security and resilience programs and associated activities of its designated critical infrastructure sector in the all-hazards environment.
(i) the authority granted by law to an agency, or the head thereof; or
(ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
[Reference to a Sector Specific Agency (including any permutations or conjugations thereof) deemed to be a reference to the Sector Risk Management Agency of the relevant critical infrastructure sector and have the meaning given such term in
1 See References in Text note below.
§60602. Integrated strategy
(a)
(1) observations and measurements that must be sustained beyond the lifetime of current ground-based and space-based assets, as described under section 60603, 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.
(b)
(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 enactment of the PROSWIFT Act by the National Science and Technology Council with respect to space weather.
(3) The survey under section 60601(d).
(4) Any relevant recommendations from the most recent National Academies of Sciences, Engineering, and Medicine Decadal Survey for Solar and Space Physics (Heliophysics).
(c)
(1)
(2)
(3)
(d)
(e)
(
Editorial Notes
References in Text
The date of enactment of the PROSWIFT Act, referred to in subsec. (b)(2), is the date of enactment of
§60603. Sustaining and advancing critical space weather observations
(a)
(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)
(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, for as long as is practicable, operations of current space-based observational assets, including but not limited to the Geostationary Operational Environmental Satellites system, and the Deep Space Climate Observatory.
(c)
(d)
(e)
(f)
(1) maintain and improve ground-based observations of the Sun, as necessary and advisable, to help meet the needs identified in the survey under section 60601(d)(3); and
(2) continue to provide space weather data through ground-based facilities, including radars, lidars, magnetometers, neutron monitors, radio receivers, aurora and airglow imagers, spectrometers, interferometers, and solar observatories.
(g)
(h)
(1) make available to the public key data streams from the platforms and facilities described in subsection (d) 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.
(i)
(
Editorial Notes
References in Text
The date of enactment of the PROSWIFT Act, referred to in subsec. (e), is the date of enactment of
§60604. Research activities
(a)
(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)
(1)
(2)
(3)
(c)
(d)
(1) transition the space weather research findings, models, and capabilities of the National Aeronautics and Space Administration, the National Science Foundation, the United States Geological Survey, and other relevant Federal agencies, as appropriate, to the National Oceanic and Atmospheric Administration and the Department of Defense;
(2) enhance coordination between research modeling centers and forecasting centers; and
(3) communicate the operational needs of space weather forecasters of the National Oceanic and Atmospheric Administration and Department of Defense, as appropriate, to the National Aeronautics and Space Administration, the National Science Foundation, and the United States Geological Survey.
(
§60605. Space weather data
(a)
(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)
(
§60606. Space weather knowledge transfer and information exchange
Not later than 180 days after the date of enactment of the PROSWIFT Act, 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(c), 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 phenomena.
(
Editorial Notes
References in Text
The date of enactment of the PROSWIFT Act, referred to in text, is the date of enactment of
§60607. Pilot program for obtaining commercial sector space weather data
(a)
(b)
(c)
(1)
(A) meets the standards and specifications established for providing such data under subsection (b); and
(B) is provided in a manner that allows the Administrator of the National Oceanic and Atmospheric Administration to calibrate and evaluate the data for use in space weather research and forecasting models of the National Oceanic and Atmospheric Administration, the Department of Defense, or both.
(2)
(A) the viability of assimilating the commercially provided data into National Oceanic and Atmospheric Administration space weather research and forecasting models;
(B) whether, and by how much, the data so provided add value to space weather forecasts of the National Oceanic and Atmospheric Administration and the Department of Defense; and
(C) the accuracy, quality, timeliness, validity, reliability, usability, information technology security, and cost-effectiveness of obtaining commercial space weather data from commercial sector providers.
(
Editorial Notes
References in Text
The date of enactment of the PROSWIFT Act, referred to in subsecs. (a), (b), and (c)(2), is the date of enactment of
§60608. Space weather benchmarks
The interagency working group established under section 60601(c) 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 phenomena.