[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1846 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1846

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2015

 Mr. Johnson (for himself and Mr. Cruz) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 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 of 2015'' or ``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. 101 et 
seq.) is amended--
            (1) in section 2 (6 U.S.C. 101)--
                    (A) by redesignating paragraphs (7) through (18) as 
                paragraphs (8) through (19), respectively; and
                    (B) by inserting after paragraph (6) the following:
            ``(7) 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 caused by solar 
                storms or other naturally occurring phenomena.'';
            (2) 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 and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of 
        Representatives--
                    ``(i) a recommended strategy to protect and prepare 
                the critical infrastructure of the American homeland 
                against EM threats, including from acts of terrorism; 
                and
                    ``(ii) not less frequently than every 2 years, 
                updates of the recommended strategy.
            ``(B) The recommended strategy under subparagraph (A) 
        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) be submitted in unclassified form, but may 
                include a classified annex.
            ``(C) The Secretary may, if appropriate, incorporate the 
        recommended strategy into a broader recommendation developed by 
        the Department to help protect and prepare critical 
        infrastructure from terrorism and other threats if, as 
        incorporated, the recommended strategy complies with 
        subparagraph (B).'';
            (3) in title III (6 U.S.C. 181 et seq.), by adding at the 
        end 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 executive 
agencies and relevant owners and operators of critical infrastructure, 
shall, to the extent practicable, 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, which shall include a review of the feasibility 
        of--
                    ``(A) rapidly isolating one or more portions of the 
                electrical grid from the main electrical grid; and
                    ``(B) training utility and transmission operators 
                to deactivate transmission lines within seconds of an 
                event constituting an EM threat.
            ``(4) An analysis of technology options that are available 
        to improve the resiliency of critical infrastructure to EM 
        threats, which shall include an analysis of neutral current 
        blocking devices that may protect high-voltage transmission 
        lines.
            ``(5) The restoration and recovery capabilities of critical 
        infrastructure under differing levels of damage and disruption 
        from various EM threats.
            ``(6) An analysis of the feasibility of a real-time alert 
        system to inform electric grid operators and other stakeholders 
        within milliseconds of a high-altitude nuclear explosion.''; 
        and
            (4) in title V (6 U.S.C. 311 et seq.), by adding at the end 
        the following:

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

    ``The Secretary, acting through the Under Secretary for the 
National Protection and Programs Directorate, shall, to the extent 
practicable--
            ``(1) include EM threats in national planning frameworks; 
        and
            ``(2) conduct outreach to educate owners and operators of 
        critical infrastructure, emergency planners, and emergency 
        response providers at all levels of government regarding EM 
        threats.''.
    (b) Technical and Conforming Amendments.--
            (1) The table of contents in section 1(b) of the Homeland 
        Security Act of 2002 is amended--
                    (A) by inserting after the item relating to section 
                317 the following:

``Sec. 318. EMP research and development.'';
                and
                    (B) by inserting after the item relating to section 
                525 the following:

``Sec. 526. National planning frameworks and education.''.
            (2) Section 501(13) of the Homeland Security Act of 2002 (6 
        U.S.C. 311(13)) is amended by striking ``section 101(11)(B)'' 
        and inserting ``section 101(12)(B)''.
            (3) Section 712(a) of title 14, United States Code, is 
        amended by striking ``section 2(16) of the Homeland Security 
        Act of 2002 (6 U.S.C. 101(16))'' and inserting ``section 2 of 
        the Homeland Security Act of 2002 (6 U.S.C. 101)''.
    (c) Deadline for Initial Recommended Strategy.--Not later than 1 
year after the date of enactment of this Act, the Secretary of Homeland 
Security shall submit the recommended strategy required under paragraph 
(26) of section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 
121(d)), as added by this Act.
    (d) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit to Congress a 
report 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 section 2 of the 
        Homeland Security Act of 2002, as amended by this Act) in 
        national planning frameworks;
            (2) research and development described in section 318 of 
        the Homeland Security Act of 2002, as added by this Act;
            (3) development of the recommended strategy required under 
        paragraph (26) of section 201(d) of the Homeland Security Act 
        of 2002 (6 U.S.C. 121(d)), as added by this Act; and
            (4) beginning to conduct outreach to educate emergency 
        planners and emergency response providers 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>