[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3928 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3928

 To require the President to develop a plan for the continuity of the 
  economy in response to a significant event, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2020

  Mr. Peters introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To require the President to develop a plan for the continuity of the 
  economy in response to a significant event, 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 ``Continuity of the Economy Act of 
2020''.

SEC. 2. CONTINUITY OF THE ECONOMY PLAN.

    (a) Definitions.--In this section:
            (1) The term ``agency'' has the meaning given the term in 
        section 551 of title 5, United States Code.
            (2) The term ``economic sector'' means a sector of the 
        economy of the United States.
            (3) The term ``relevant actor'' means--
                    (A) the Federal Government;
                    (B) a State, local, or Tribal government; or
                    (C) the private sector.
            (4) The term ``significant event'' means an event that 
        causes severe degradation to economic activity in the United 
        States due to--
                    (A) a cyber attack; or
                    (B) another significant event that is natural or 
                human-caused.
            (5) The term ``State'' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any 
        possession of the United States.
    (b) Requirement.--
            (1) In general.--The President shall develop and maintain a 
        plan to maintain and restore the economy of the United States 
        in response to a significant event.
            (2) Principles.--The plan required under paragraph (1) 
        shall--
                    (A) be consistent with--
                            (i) a free market economy; and
                            (ii) the rule of law; and
                    (B) respect private property rights.
            (3) Contents.--The plan required under paragraph (1) 
        shall--
                    (A) examine the distribution of goods and services 
                across the United States necessary for the reliable 
                functioning of the United States during a significant 
                event;
                    (B) identify the economic functions of relevant 
                actors, the disruption, corruption, or dysfunction of 
                which would have a debilitating effect in the United 
                States on--
                            (i) security;
                            (ii) economic security;
                            (iii) defense readiness; or
                            (iv) public health or safety;
                    (C) identify the critical distribution mechanisms 
                for each economic sector that should be prioritized for 
                operation during a significant event, including--
                            (i) bulk power and electric transmission 
                        systems;
                            (ii) national and international financial 
                        systems, including wholesale payments, stocks, 
                        and currency exchanges;
                            (iii) national and international 
                        communications networks, data-hosting services, 
                        and cloud services;
                            (iv) interstate oil and natural gas 
                        pipelines; and
                            (v) mechanisms for the interstate and 
                        international trade and distribution of 
                        materials, food, and medical supplies, 
                        including road, rail, air, and maritime 
                        shipping;
                    (D) identify economic functions of relevant actors, 
                the disruption, corruption, or dysfunction of which 
                would cause--
                            (i) catastrophic economic loss;
                            (ii) the loss of public confidence; or
                            (iii) the widespread imperilment of human 
                        life;
                    (E) identify the economic functions of relevant 
                actors that are so vital to the economy of the United 
                States that the disruption, corruption, or dysfunction 
                of those economic functions would undermine response, 
                recovery, or mobilization efforts during a significant 
                event;
                    (F) incorporate, to the greatest extent 
                practicable, the principles and practices contained 
                within Federal plans for the continuity of Government 
                and continuity of operations;
                    (G) identify--
                            (i) industrial control networks on which 
                        the interests of national security outweigh the 
                        benefits of dependence on internet 
                        connectivity, including networks that are 
                        required to maintain defense readiness; and
                            (ii) for each industrial control network 
                        described in clause (i), the most feasible and 
                        optimal locations for the installation of--
                                    (I) parallel services;
                                    (II) stand-alone analog services; 
                                and
                                    (III) services that are otherwise 
                                hardened against failure;
                    (H) identify critical economic sectors for which 
                the preservation of data in a protected, verified, and 
                uncorrupted status would be required for the quick 
                recovery of the economy of the United States in the 
                face of a significant disruption following a 
                significant event;
                    (I) include a list of raw materials, industrial 
                goods, and other items, the absence of which would 
                significantly undermine the ability of the United 
                States to sustain the functions described in 
                subparagraphs (B), (D), and (E);
                    (J) provide an analysis of supply chain 
                diversification for the items described in subparagraph 
                (I) in the event of a disruption caused by a 
                significant event;
                    (K) include--
                            (i) a recommendation as to whether the 
                        United States should maintain a strategic 
                        reserve of one or more of the items described 
                        in subparagraph (I); and
                            (ii) for each item described in 
                        subparagraph (I) for which the President 
                        recommends maintaining a strategic reserve 
                        under clause (i), an identification of 
                        mechanisms for tracking inventory and 
                        availability of the item in the strategic 
                        reserve;
                    (L) identify mechanisms in existence on the date of 
                enactment of this Act and mechanisms that can be 
                developed to ensure that the swift transport and 
                delivery of the items described in subparagraph (I) is 
                feasible in the event of a distribution network 
                disturbance or degradation, including a distribution 
                network disturbance or degradation caused by a 
                significant event;
                    (M) include guidance for determining the 
                prioritization for the distribution of the items 
                described in subparagraph (I), including distribution 
                to States and Indian Tribes;
                    (N) consider the advisability and feasibility of 
                mechanisms for extending the credit of the United 
                States or providing other financial support authorized 
                by law to key participants in the economy of the United 
                States if the extension or provision of other financial 
                support--
                            (i) is necessary to avoid severe economic 
                        degradation; or
                            (ii) allows for the recovery from a 
                        significant event;
                    (O) include guidance for determining categories of 
                employees that should be prioritized to continue to 
                work in order to sustain the functions described in 
                subparagraphs (B), (D), and (E) in the event that there 
                are limitations on the ability of individuals to travel 
                to workplaces or to work remotely, including 
                considerations for defense readiness;
                    (P) identify critical economic sectors necessary to 
                provide material and operational support to the defense 
                of the United States;
                    (Q) determine whether the Secretary of Homeland 
                Security, the National Guard, and the Secretary of 
                Defense have adequate authority to assist the United 
                States in a recovery from a severe economic degradation 
                caused by a significant event;
                    (R) review and assess the authority and capability 
                of heads of other agencies that the President 
                determines necessary to assist the United States in a 
                recovery from a severe economic degradation caused by a 
                significant event; and
                    (S) consider any other matter that would aid in 
                protecting and increasing the resilience of the economy 
                of the United States from a significant event.
    (c) Coordination.--In developing the plan required under subsection 
(b)(1), the President shall--
            (1) receive advice from--
                    (A) the Secretary of Homeland Security;
                    (B) the Secretary of Defense; and
                    (C) the head of any other agency that the President 
                determines necessary to complete the plan;
            (2) consult with economic sectors relating to critical 
        infrastructure through sector-coordinated councils, as 
        appropriate;
            (3) consult with relevant State, Tribal, and local 
        governments and organizations that represent those governments; 
        and
            (4) consult with any other non-Federal entity that the 
        President determines necessary to complete the plan.
    (d) Submission to Congress.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and not less frequently than every 3 
        years thereafter, the President shall submit the plan required 
        under subsection (b)(1) and the information described in 
        paragraph (2) to--
                    (A) the majority and minority leaders of the 
                Senate;
                    (B) the Speaker and the minority leader of the 
                House of Representatives;
                    (C) the Committee on Armed Services of the Senate;
                    (D) the Committee on Armed Services of the House of 
                Representatives;
                    (E) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (F) Committee on Homeland Security of the House of 
                Representatives; and
                    (G) any other committee of the Senate or the House 
                of Representatives that has jurisdiction over the 
                subject of the plan.
            (2) Additional information.--The information described in 
        this paragraph is--
                    (A) any change to Federal law that would be 
                necessary to carry out the plan required under 
                subsection (b)(1); and
                    (B) any proposed changes to the funding levels 
                provided in appropriation Acts for the most recent 
                fiscal year that can be implemented in future 
                appropriation Acts or additional resources necessary 
                to--
                            (i) implement the plan required under 
                        subsection (b)(1); or
                            (ii) maintain any program offices and 
                        personnel necessary to--
                                    (I) maintain the plan required 
                                under subsection (a)(1) and the plans 
                                described in subsection (b)(3)(F); and
                                    (II) conduct exercises, 
                                assessments, and updates to the plans 
                                described in subclause (I) over time.
            (3) Budget of the president.--The President may include the 
        information described in paragraph (2)(B) in the budget 
        required to be submitted by the President under section 1105(a) 
        of title 31, United States Code.
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