Today, I have signed into law S. 881, the “Promoting Research and Observations of Space Weather to Improve the Forecasting of Tomorrow Act,” or “PROSWIFT Act” (the “Act”). The Act provides authorities to improve the gathering of space weather data and the forecasting of space weather. I note, however, that certain provisions of the Act, while generally unobjectionable as a matter of policy, could limit my discretion under Article II of the Constitution to conduct the Nation’s foreign affairs. These include applicable parts of section 2(a) and 51 U.S.C. 60601(c)(3) and 60603(c), as added by section 2(b). My Administration will treat these limitations as advisory and non-binding. Additionally, space weather can have devastating effects on national security assets and our Nation’s critical infrastructure, including assets in space. The Act, however, does not address the resilience of national security assets or critical infrastructure to the effects of space weather. Without ensuring the resilience of these assets, our Nation will remain vulnerable to the effects of space weather, regardless of how accurate forecasting becomes. I look forward to working with the Congress to improve the resilience of national security assets and critical infrastructure to space weather.

DONALD J. TRUMP

THE WHITE HOUSE,
October 21, 2020.