[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5280-S5282]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5808. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end, add the following:

       DIVISION E--GLOBAL CASTROPHIC RISK MANAGEMENT ACT OF 2022

     SEC. 5001. SHORT TITLE.

       This Act may be cited as the ``Global Catastrophic Risk 
     Management Act of 2022''.

     SEC. 5002. DEFINITIONS.

       In this division:
       (1) Basic need.--The term ``basic need''--
       (A) means any good, service, or activity necessary to 
     protect the health, safety, and general welfare of the 
     civilian population of the United States; and
       (B) includes--
       (i) food;
       (ii) water;
       (iii) shelter;
       (iv) basic communication services;
       (v) basic sanitation and health services; and
       (vi) public safety.
       (2) Catastrophic incident.--The term ``catastrophic 
     incident''--
       (A) means any natural or man-made disaster that results in 
     extraordinary levels of casualties or damage, mass 
     evacuations, or disruption severely affecting the population, 
     infrastructure, environment, economy, national morale, or 
     government functions in an area; and
       (B) may include an incident--
       (i) with a sustained national impact over a prolonged 
     period of time;
       (ii) that may rapidly exceed resources available to State 
     and local government and private sector authorities in the 
     impacted area; or
       (iii) that may significantly interrupt governmental 
     operations and emergency services to such an extent that 
     national security could be threatened.
       (3) Committee.--The term ``committee'' means the 
     interagency committee on global catastrophic risk established 
     under section 5003.
       (4) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given the term in section 
     1016(e) of the Critical Infrastructure Protection Act of 2001 
     (42 U.S.C. 5195c(e)).
       (5) Existential risk.--The term ``existential risk'' means 
     the potential for an outcome that would result in human 
     extinction.
       (6) Global catastrophic risk.--The term ``global 
     catastrophic risk'' means the risk of events or incidents 
     consequential enough to significantly harm, set back, or 
     destroy human civilization at the global scale.
       (7) Global catastrophic and existential threats.--The term 
     ``global catastrophic and existential threats'' means those 
     threats that with varying likelihood can produce consequences 
     severe enough to result in significant harm or destruction of 
     human civilization at the global scale, or lead to human 
     extinction. Examples of global catastrophic and existential 
     threats include severe global pandemics, nuclear war, 
     asteroid and comet impacts, supervolcanoes, sudden and severe 
     changes to the climate, and intentional or accidental threats 
     arising from the use and development of emerging 
     technologies.
       (8) National exercise program.--The term ``national 
     exercise program'' means activities carried out to test and 
     evaluate the national preparedness goal and related plans and 
     strategies as described in section 648(b) of the Post-Katrina 
     Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)).
       (9) Tribal government.--The term ``Tribal government'' 
     means the recognized governing body of any Indian or Alaska 
     Native Tribe, band, nation, pueblo, village, community, 
     component band, or component reservation, that is 
     individually identified (including parenthetically) in the 
     most recent list published pursuant to section 104 of the 
     Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
     5131).

     SEC. 5003. INTERAGENCY COMMITTEE ON GLOBAL CATASTROPHIC RISK.

       (a) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the President shall establish an 
     interagency committee on global catastrophic risk.
       (b) Membership.--The committee shall include senior 
     representatives of--
       (1) the Assistant to the President for National Security 
     Affairs;
       (2) the Director of the Office of Science and Technology 
     Policy;
       (3) the Director of National Intelligence and the Director 
     of the National Intelligence Council;
       (4) the Secretary of Homeland Security and the 
     Administrator of the Federal Emergency Management Agency;
       (5) the Secretary of State and the Under Secretary of State 
     for Arms Control and International Security;
       (6) the Attorney General and the Director of the Federal 
     Bureau of Investigation;
       (7) the Secretary of Energy, the Under Secretary of Energy 
     for Nuclear Security, and the Director of Science;
       (8) the Secretary of Health and Human Services, the 
     Assistant Secretary for Preparedness and Response, and the 
     Assistant Secretary of Global Affairs;
       (9) the Secretary of Commerce, the Under Secretary of 
     Commerce for Oceans and Atmosphere, and the Under Secretary 
     of Commerce for Standards and Technology;
       (10) the Secretary of the Interior and the Director of the 
     United States Geological Survey;
       (11) the Administrator of the Environmental Protection 
     Agency and the Assistant Administrator for Water;
       (12) the Administrator of the National Aeronautics and 
     Space Administration;
       (13) the Director of the National Science Foundation;
       (14) the Secretary of the Treasury;
       (15) the Chair of the Board of Governors of the Federal 
     Reserve System;
       (16) the Secretary of Defense, the Assistant Secretary of 
     the Army for Civil Works, and the Chief of Engineers and 
     Commanding General of the Army Corps of Engineers;
       (17) the Chairman of the Joint Chiefs of Staff;
       (18) the Administrator of the United States Agency for 
     International Development; and
       (19) other stakeholders the President determines 
     appropriate.
       (c) Chairmanship.--The committee shall be co-chaired by a 
     senior representative of the President and the Deputy 
     Administrator of the Federal Emergency Management Agency for 
     Resilience.

     SEC. 5004. REPORT REQUIRED.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and every 10 years thereafter, the 
     President, with support from the committee, shall conduct and 
     submit to Congress a report containing a detailed assessment 
     of global catastrophic and existential risk.
       (b) Matters Covered.--Each report required under subsection 
     (a) shall include --

[[Page S5281]]

       (1) expert estimates of cumulative global catastrophic and 
     existential risk in the next 30 years, including separate 
     estimates for the likelihood of occurrence and potential 
     consequences;
       (2) expert-informed analyses of the risk of the most 
     concerning specific global catastrophic and existential 
     threats, including separate estimates, where reasonably 
     feasible and credible, of each threat for its likelihood of 
     occurrence and its potential consequences, as well as 
     associated uncertainties;
       (3) a comprehensive list of potential catastrophic or 
     existential threats, including even those that may have very 
     low likelihood;
       (4) technical assessments and lay explanations of the 
     analyzed global catastrophic and existential risks, including 
     their qualitative character and key factors affecting their 
     likelihood of occurrence and potential consequences;
       (5) an explanation of any factors that limit the ability of 
     the President to assess the risk both cumulatively and for 
     particular threats, and how those limitations may be overcome 
     through future research or with additional resources, 
     programs, or authorities;
       (6) a review of the effectiveness of intelligence 
     collection, early warning and detection systems, or other 
     functions and programs necessary to evaluate the risk of 
     particular global catastrophic and existential threats, if 
     any exist and as applicable for particular threats;
       (7) a forecast of if and why global catastrophic and 
     existential risk is likely to increase or decrease 
     significantly in the next 30 years, both qualitatively and 
     quantitatively, as well as a description of associated 
     uncertainties;
       (8) proposals for how the Federal Government may more 
     adequately assess global catastrophic and existential risk on 
     an ongoing basis in future years;
       (9) recommendations for legislative actions, as 
     appropriate, to support the evaluation and assessment of 
     global catastrophic and existential risk; and
       (10) other matters deemed appropriate by the President.
       (c) Consultation Requirement.--In producing the report 
     required under subsection (a), the President, with support 
     from the committee, shall regularly consult with experts on 
     global catastrophic and existential risks, including from 
     non-governmental, academic, and private sector institutions.
       (d) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 5005. REPORT ON CONTINUITY OF OPERATIONS AND CONTINUITY 
                   OF GOVERNMENT PLANNING.

       (a) In General.--Not later than 180 days after the 
     submission of the report required under section 5004, the 
     President, with support from the committee, shall produce a 
     report on the adequacy of continuity of operations and 
     continuity of government plans based on the assessed global 
     catastrophic and existential risk.
       (b) Matters Covered.--The report required under subsection 
     (a) shall include--
       (1) a detailed assessment of the ability of continuity of 
     government and continuity of operations plans and programs, 
     as defined by Executive Order 13961 (85 Fed. Reg. 79379; 
     relating to governance and integration of Federal mission 
     resilience), Presidential Policy Directive-40 (July 15, 2016; 
     relating to national continuity policy), or successor 
     policies, to maintain national essential functions following 
     global catastrophes, both cumulatively and for particular 
     threats;
       (2) an assessment of the need to revise Executive Order 
     13961 (85 Fed. Reg. 79379; relating to governance and 
     integration of Federal mission resilience), Presidential 
     Policy Directive-40 (July 15, 2016; relating to national 
     continuity policy), or successor policies to account for 
     global catastrophic and existential risk cumulatively or for 
     particular threats;
       (3) an assessment of any technology gaps limiting 
     mitigation of global catastrophic and existential risks for 
     continuity of operations and continuity of government plans;
       (4) a budget proposal for continuity of government and 
     continuity of operations programs necessary to adequately 
     maintain national essential functions during global 
     catastrophes;
       (5) recommendations for legislative actions and technology 
     development and implementation actions necessary to improve 
     continuity of government and continuity of operations plans 
     and programs;
       (6) a plan for increased senior leader involvement in 
     continuity of operations and continuity of government 
     exercises; and
       (7) other matters deemed appropriate by the co-chairs of 
     the committee.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 5006. ENHANCED CATASTROPHIC INCIDENT ANNEX.

       (a) In General.--The President, with support from the 
     committee, shall supplement each Federal Interagency 
     Operational Plan to include an annex containing a strategy to 
     ensure the health, safety, and general welfare of the 
     civilian population affected by catastrophic incidents by--
       (1) providing for the basic needs of the civilian 
     population of the United States that is impacted by 
     catastrophic incidents in the United States;
       (2) coordinating response efforts with State and local 
     governments, the private sector, and nonprofit relief 
     organizations;
       (3) promoting personal and local readiness and non-reliance 
     on government relief during periods of heightened tension or 
     after catastrophic incidents; and
       (4) developing international partnerships with allied 
     nations for the provision of relief services and goods.
       (b) Elements of the Strategy.--The strategy required under 
     subsection (a) shall include a description of--
       (1) actions the President will take to ensure the basic 
     needs of the civilian population of the United States in a 
     catastrophic incident are met;
       (2) how the President will coordinate with non-Federal 
     entities to multiply resources and enhance relief 
     capabilities, including--
       (A) State and local governments;
       (B) Tribal governments;
       (C) State disaster relief agencies;
       (D) State and local disaster relief managers;
       (E) State National Guards;
       (F) law enforcement and first response entities; and
       (G) nonprofit relief services;
       (3) actions the President will take to enhance individual 
     resiliency to the effects of a catastrophic incident, which 
     actions shall include--
       (A) readiness alerts to the public during periods of 
     elevated threat;
       (B) efforts to enhance domestic supply and availability of 
     critical goods and basic necessities; and
       (C) information campaigns to ensure the public is aware of 
     response plans and services that will be activated when 
     necessary;
       (4) efforts the President will undertake and agreements the 
     President will seek with international allies to enhance the 
     readiness of the United States to provide for the general 
     welfare;
       (5) how the strategy will be implemented should multiple 
     levels of critical infrastructure be destroyed or taken 
     offline entirely for an extended period of time; and
       (6) the authorities the President would implicate in 
     responding to a catastrophic incident.
       (c) Assumptions.--In designing the strategy under 
     subsection (a), the President shall account for certain 
     factors to make the strategy operationally viable, including 
     the assumption that--
       (1) multiple levels of critical infrastructure have been 
     taken offline or destroyed by catastrophic incidents or the 
     effects of catastrophic incidents;
       (2) impacted sectors may include--
       (A) the transportation sector;
       (B) the communication sector;
       (C) the energy sector;
       (D) the healthcare and public health sector;
       (E) the water and wastewater sector; and
       (F) the financial sector;
       (3) State, local, Tribal, and territorial governments have 
     been equally affected or made largely inoperable by 
     catastrophic incidents or the effects of catastrophic 
     incidents;
       (4) the emergency has exceeded the response capabilities of 
     State and local governments under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.) and other relevant disaster response laws; and
       (5) the United States military is sufficiently engaged in 
     armed or cyber conflict with State or non-State adversaries, 
     or is otherwise unable to augment domestic response 
     capabilities in a significant manner due to a catastrophic 
     incident.
       (d) Existing Plans.--The President may incorporate existing 
     contingency plans in the strategy developed under subsection 
     (a) so long as those contingency plans are amended to be 
     operational in accordance with the requirements under this 
     section.
       (e) Availability.--The strategy developed under subsection 
     (a) shall be available to the public but may include a 
     classified, or other restricted, annex to be made available 
     to the appropriate committees of Congress and appropriate 
     government entities.

     SEC. 5007. VALIDATION OF THE STRATEGY THROUGH AN EXERCISE.

       Not later than 1 year after the addition of the annex 
     required under section 5006, the Department of Homeland 
     Security shall lead an exercise as part of the national 
     exercise program, in coordination with the committee, to test 
     and enhance the operationalization of the strategy required 
     under section 5006.

     SEC. 5008. RECOMMENDATIONS.

       (a) In General.--The President shall provide 
     recommendations to Congress for--
       (1) actions that should be taken to prepare the United 
     States to implement the strategy required under section 5006, 
     increase readiness, and address preparedness gaps for 
     responding to the impacts of catastrophic incidents on 
     citizens of the United States; and
       (2) additional authorities that should be considered for 
     Federal agencies and the President to more effectively 
     implement the strategy required under section 5006.
       (b) Inclusion in Reports.--The President may include the 
     recommendations required under subsection (a) in a report 
     submitted under section 5009.

     SEC. 5009. REPORTING REQUIREMENTS.

       Not later than 1 year after the date on which Department of 
     Homeland Security leads the exercise under section 5007, the 
     President shall submit to Congress a report that includes--

[[Page S5282]]

       (1) a description of the efforts of the President to 
     develop and update the strategy required under section 5006; 
     and
       (2) an after-action report following the conduct of the 
     exercise described in section 5007.

     SEC. 5010. RULE OF CONSTRUCTION.

       Nothing in this division shall be construed to supersede 
     the civilian emergency management authority of the 
     Administrator of the Federal Emergency Management Agency 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) or the Post Katrina 
     Emergency Management Reform Act (6 U.S.C. 701 et seq.).
                                 ______