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

<DOC>





                                                       Calendar No. 457
114th CONGRESS
  2d Session
                                S. 1846

                          [Report No. 114-250]

     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

                              May 9, 2016

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Critical Infrastructure 
Protection Act of 2015'' or ``CIPA''.</DELETED>

<DELETED>SEC. 2. EMP PLANNING, RESEARCH AND DEVELOPMENT, AND PROTECTION 
              AND PREPAREDNESS.</DELETED>

<DELETED>    (a) In General.--The Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.) is amended--</DELETED>
        <DELETED>    (1) in section 2 (6 U.S.C. 101)--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (7) 
                through (18) as paragraphs (8) through (19), 
                respectively; and</DELETED>
                <DELETED>    (B) by inserting after paragraph (6) the 
                following:</DELETED>
        <DELETED>    ``(7) EM threat.--The term `EM threat' means an 
        electromagnetic pulse caused by--</DELETED>
                <DELETED>    ``(A) a nuclear device or nonnuclear 
                device, including such a pulse caused by an act of 
                terrorism; or</DELETED>
                <DELETED>    ``(B) a geomagnetic disturbance caused by 
                solar storms or other naturally occurring 
                phenomena.'';</DELETED>
        <DELETED>    (2) in section 201(d) (6 U.S.C. 121(d)), by adding 
        at the end the following:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(i) a recommended strategy to protect 
                and prepare the critical infrastructure of the American 
                homeland against EM threats, including from acts of 
                terrorism; and</DELETED>
                <DELETED>    ``(ii) not less frequently than every 2 
                years, updates of the recommended strategy.</DELETED>
        <DELETED>    ``(B) The recommended strategy under subparagraph 
        (A) shall--</DELETED>
                <DELETED>    ``(i) be based on findings of the research 
                and development conducted under section 318;</DELETED>
                <DELETED>    ``(ii) be developed in consultation with 
                the relevant Federal sector-specific agencies (as 
                defined under Homeland Security Presidential Directive 
                7) for critical infrastructures;</DELETED>
                <DELETED>    ``(iii) be developed in consultation with 
                the relevant sector coordinating councils for critical 
                infrastructures; and</DELETED>
                <DELETED>    ``(iv) be submitted in unclassified form, 
                but may include a classified annex.</DELETED>
        <DELETED>    ``(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).'';</DELETED>
        <DELETED>    (3) in title III (6 U.S.C. 181 et seq.), by adding 
        at the end the following:</DELETED>

<DELETED>``SEC. 318. EM THREAT RESEARCH AND DEVELOPMENT.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Scope.--The scope of the research and development 
under subsection (a) shall include the following:</DELETED>
        <DELETED>    ``(1) An objective scientific analysis of the 
        risks to critical infrastructures from a range of EM 
        threats.</DELETED>
        <DELETED>    ``(2) Determination of the critical national 
        security assets and vital civic utilities and infrastructures 
        that are at risk from EM threats.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) rapidly isolating one or more 
                portions of the electrical grid from the main 
                electrical grid; and</DELETED>
                <DELETED>    ``(B) training utility and transmission 
                operators to deactivate transmission lines within 
                seconds of an event constituting an EM 
                threat.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) The restoration and recovery capabilities of 
        critical infrastructure under differing levels of damage and 
        disruption from various EM threats.</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (4) in title V (6 U.S.C. 311 et seq.), by adding 
        at the end the following:</DELETED>

<DELETED>``SEC. 526. NATIONAL PLANNING FRAMEWORKS AND 
              EDUCATION.</DELETED>

<DELETED>    ``The Secretary, acting through the Under Secretary for 
the National Protection and Programs Directorate, shall, to the extent 
practicable--</DELETED>
        <DELETED>    ``(1) include EM threats in national planning 
        frameworks; and</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (1) The table of contents in section 1(b) of the 
        Homeland Security Act of 2002 is amended--</DELETED>
                <DELETED>    (A) by inserting after the item relating 
                to section 317 the following:</DELETED>

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

<DELETED>``Sec. 526. National planning frameworks and education.''.
        <DELETED>    (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)''.</DELETED>
        <DELETED>    (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)''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) research and development described in section 
        318 of the Homeland Security Act of 2002, as added by this 
        Act;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) beginning to conduct outreach to educate 
        emergency planners and emergency response providers at all 
        levels of government regarding EM threat events.</DELETED>

<DELETED>SEC. 3. NO REGULATORY AUTHORITY.</DELETED>

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

<DELETED>SEC. 4. NO NEW AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Critical Infrastructure Protection 
Act of 2016'' or the ``CIPA''.

SEC. 2. EMP AND GMD 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 (9) through (18) as 
                paragraphs (11) through (20), respectively;
                    (B) by redesignating paragraphs (7) and (8) as 
                paragraphs (8) and (9), respectively;
                    (C) by inserting after paragraph (6) the following:
            ``(7) The term `EMP' means an electromagnetic pulse caused 
        by a nuclear device or nonnuclear device, including such a 
        pulse caused by an act of terrorism.''; and
                    (D) by inserting after paragraph (9), as so 
                redesignated, the following:
            ``(10) The term `GMD' means a geomagnetic disturbance 
        caused by a solar storm or another naturally occurring 
        phenomenon.'';
            (2) in section 201(d) (6 U.S.C. 121(d)), by adding at the 
        end the following:
            ``(26)(A) To conduct an intelligence-based review and 
        comparison of the risk and consequence of threats and hazards, 
        including GMD and EMP, facing critical infrastructures, and 
        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 threats of EMP and GMD, 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 319;
                    ``(ii) be developed in consultation with the 
                relevant Federal sector-specific agencies (as defined 
                under Presidential Policy Directive-21) for critical 
                infrastructures;
                    ``(iii) be developed in consultation with the 
                relevant sector coordinating councils for critical 
                infrastructures;
                    ``(iv) be informed, to the extent practicable, by 
                the findings of the intelligence-based review and 
                comparison of the risk and consequence of threats and 
                hazards, including GMD and EMP, facing critical 
                infrastructures conducted under subparagraph (A); and
                    ``(v) 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, cyber attacks, and other threats 
        and hazards 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. 319. GMD AND EMP MITIGATION 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 threats of EMP and GMD.
    ``(b) Scope.--The scope of the research and development under 
subsection (a) shall include the following:
            ``(1) An objective scientific analysis--
                    ``(A) evaluating the risks to critical 
                infrastructures from a range of threats of EMP and GMD; 
                and
                    ``(B) which shall--
                            ``(i) be conducted in conjunction with the 
                        Office of Intelligence and Analysis; and
                            ``(ii) include a review and comparison of 
                        the range of threats and hazards facing 
                        critical infrastructure of the electric grid.
            ``(2) Determination of the critical utilities and national 
        security assets and infrastructures that are at risk from 
        threats of EMP and GMD.
            ``(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 1 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 a threat of EMP or GMD.
            ``(4) An analysis of technology options that are available 
        to improve the resiliency of critical infrastructure to threats 
        of EMP and GMD, 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 threats of EMP and GMD, as informed by the 
        objective scientific analysis conducted under paragraph (1).
            ``(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. 527. NATIONAL PLANNING AND EDUCATION.

    ``(a) In General.--The Secretary shall, to the extent practicable--
            ``(1) develop an incident annex or similar response and 
        planning strategy that guides the response to a major GMD or 
        EMP event; and
            ``(2) conduct outreach to educate owners and operators of 
        critical infrastructure, emergency planners, and emergency 
        response providers at all levels of government regarding 
        threats of EMP and GMD.
    ``(b) Existing Annexes and Plans.--The incident annex or response 
and planning strategy developed under subsection (a)(1) may be 
incorporated into existing incident annexes or response plans.''.
    (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. 319. GMD and EMP mitigation research and development.''; and
                    (B) by inserting after the item relating to section 
                525 the following:

``Sec. 526. Integrated Public Alert and Warning System modernization.
``Sec. 527. National planning and education.''.
            (2) Section 501(13) of the Homeland Security Act of 2002 (6 
        U.S.C. 311(13)) is amended by striking ``section 2(11)(B)'' and 
        inserting ``section 2(13)(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 threats of EMP and GMD (as those terms are 
        defined in section 2 of the Homeland Security Act of 2002, as 
        amended by this Act) in national planning, as described in 
        section 527 of the Homeland Security Act of 2002, as added by 
        this Act;
            (2) research and development described in section 319 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 threats of EMP and GMD 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.
                                                       Calendar No. 457

114th CONGRESS

  2d Session

                                S. 1846

                          [Report No. 114-250]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              May 9, 2016

                       Reported with an amendment