[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1073 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 1073

     To amend the Homeland Security Act of 2002 to secure critical 
infrastructure against electromagnetic threats, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 2015

  Mr. Franks of Arizona (for himself and Mr. Sessions) introduced the 
    following bill; which was referred to the Committee on Homeland 
                                Security

_______________________________________________________________________

                                 A BILL


 
     To amend the Homeland Security Act of 2002 to secure critical 
infrastructure against electromagnetic threats, 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 ``Critical Infrastructure Protection 
Act'' or the ``CIPA''.

SEC. 2. EMP PLANNING, RESEARCH AND DEVELOPMENT, AND PROTECTION AND 
              PREPAREDNESS.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 121) 
is amended--
            (1) in section 2 (6 U.S.C. 101), by inserting after 
        paragraph (6) the following:
            ``(6a) EM threat.--The term `EM threat' means an 
        electromagnetic pulse caused by--
                    ``(A) a nuclear device or nonnuclear device, 
                including such a pulse caused by an act of terrorism; 
                or
                    ``(B) a geomagnetic disturbance or other naturally 
                occurring phenomenon.'';
            (2) in title V (6 U.S.C. 311 et seq.), by adding at the end 
        the following:

``SEC. 526. NATIONAL PLANNING SCENARIOS AND EDUCATION.

    ``The Secretary, acting through the Assistant Secretary of the 
National Protection and Programs Directorate, shall--
            ``(1) include EM threats in national planning scenarios; 
        and
            ``(2) conduct a campaign to proactively educate owners and 
        operators of critical infrastructure, emergency planners, and 
        emergency responders at all levels of government of EM 
        threats.'';
            (3) in title III (6 U.S.C. 181 et seq.), by adding at the 
        end of the following:

``SEC. 318. EM THREAT RESEARCH AND DEVELOPMENT.

    ``(a) In General.--In furtherance of domestic preparedness and 
response, the Secretary, acting through the Under Secretary for Science 
and Technology, and in consultation with other relevant agencies and 
departments of the Federal Government and relevant owners and operators 
of critical infrastructure, shall conduct research and development to 
mitigate the consequences of EM threats.
    ``(b) Scope.--The scope of the research and development under 
subsection (a) shall include the following:
            ``(1) An objective scientific analysis of the risks to 
        critical infrastructures from a range of EM threats.
            ``(2) Determination of the critical national security 
        assets and vital civic utilities and infrastructures that are 
        at risk from EM threats.
            ``(3) An evaluation of emergency planning and response 
        technologies that would address the findings and 
        recommendations of experts, including those of the Commission 
        to Assess the Threat to the United States from Electromagnetic 
        Pulse Attack.
            ``(4) An analysis of technology options that are available 
        to improve the resiliency of critical infrastructure to EM 
        threats.
            ``(5) The restoration and recovery capabilities of critical 
        infrastructure under differing levels of damage and disruption 
        from various EM threats.''; and
            (4) in section 201(d) (6 U.S.C. 121(d)), by adding at the 
        end the following:
            ``(26)(A) Prepare and submit to the Committee on Homeland 
        Security of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the Senate--
                    ``(i) a comprehensive plan to protect and prepare 
                the critical infrastructure of the American homeland 
                against EM threats, including from acts of terrorism; 
                and
                    ``(ii) biennial updates of such plan.
            ``(B) The comprehensive plan shall--
                    ``(i) be based on findings of the research and 
                development conducted under section 318;
                    ``(ii) be developed in consultation with the 
                relevant Federal sector-specific agencies (as defined 
                under Homeland Security Presidential Directive-7) for 
                critical infrastructures;
                    ``(iii) be developed in consultation with the 
                relevant sector coordinating councils for critical 
                infrastructures; and
                    ``(iv) include a classified annex.''.
    (b) Clerical Amendments.--The table of contents in section 1(b) of 
such Act is amended--
            (1) by adding at the end of the items relating to title V 
        the following:

``Sec. 526. National planning scenarios and education.'';
        and
            (2) by adding at the end of the items relating to title III 
        the following:

``Sec. 318. EMP research and development.''.
    (c) Deadline for Initial Plan.--The Secretary of Homeland Security 
shall submit the comprehensive plan required under the amendment made 
by subsection (a)(4) by not later than one year after the date of the 
enactment of this Act.
    (d) Report.--The Secretary shall submit a report to Congress by not 
later than 180 days after the date of the enactment of this Act 
describing the progress made in, and an estimated date by which the 
Department of Homeland Security will have completed--
            (1) including EM threats (as defined in the amendment made 
        by subsection (a)(1)) in national planning scenarios;
            (2) research and development described in the amendment 
        made by subsection (a)(3);
            (3) development of the comprehensive plan required under 
        the amendment made by subsection (a)(4); and
            (4) beginning a campaign to proactively educate emergency 
        planners and emergency responders at all levels of government 
        regarding EM threat events.

SEC. 3. NO REGULATORY AUTHORITY.

    Nothing in this Act, including the amendments made by this Act, 
shall be construed to grant any regulatory authority.

SEC. 4. NO NEW AUTHORIZATION OF APPROPRIATIONS.

    This Act, including the amendments made by this Act, may be carried 
out only by using funds appropriated under the authority of other laws.
                                 <all>