[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--
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(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.).
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