[House Report 114-240]
[From the U.S. Government Publishing Office]


114th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {      114-240

======================================================================



 
                 CRITICAL INFRASTRUCTURE PROTECTION ACT

                                _______
                                

 August 4, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. McCaul, from the Homeland Security, submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1073]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 1073) to amend the Homeland Security Act of 2002 
to secure critical infrastructure against electromagnetic 
threats, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
      Purpose and Summary.............................................3
      Background and Need for Legislation.............................3
      Hearings........................................................4
      Committee Consideration.........................................4
      Committee Votes.................................................5
      Committee Oversight Findings....................................5
      New Budget Authority, Entitlement Authority, and Tax Expenditure5
      Congressional Budget Office Estimate............................5
      Statement of General Performance Goals and Objectives...........6
      Duplicative Federal Programs....................................6
      Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
      Benefits........................................................6
      Federal Mandates Statement......................................6
      Preemption Clarification........................................6
      Advisory Committee Statement....................................6
      Applicability to Legislative Branch.............................7
      Section-by-Section Analysis of the Legislation..................7
      Changes in Existing Law Made by the Bill, as Reported...........9
      Additional Views...............................................19

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Critical Infrastructure Protection 
Act'' 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. 121) is 
amended--
          (1) in section 2 (6 U.S.C. 101), by inserting after paragraph 
        (6) the following:
          ``(6a) EMP.--The term `EMP' means--
                  ``(A) an electromagnetic pulse caused by intentional 
                means, including acts of terrorism; and
                  ``(B) a geomagnetic disturbance caused by solar 
                storms or other naturally occurring phenomena.'';
          (2) 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, or the Secretary's designee, shall, to the extent 
practicable--
          ``(1) include in national planning frameworks the threat of 
        EMP events; and
          ``(2) conduct outreach to educate owners and operators of 
        critical infrastructure, emergency planners, and emergency 
        response providers at all levels of government of the threat of 
        EMP events.'';
          (3) in title III (6 U.S.C. 181 et seq.), by adding at the end 
        of the following:

``SEC. 318. EMP 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 agencies and 
departments of the Federal Government and relevant owners and operators 
of critical infrastructure, shall, to the extent practicable, conduct 
research and development to mitigate the consequences of EMP events.
  ``(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 EMP events.
          ``(2) Determination of the critical national security assets 
        and vital civic utilities and infrastructures that are at risk 
        from EMP events.
          ``(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.
          ``(4) An analysis of technology options that are available to 
        improve the resiliency of critical infrastructure to EMP.
          ``(5) The restoration and recovery capabilities of critical 
        infrastructure under differing levels of damage and disruption 
        from various EMP events.''; and
          (4) 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 of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the Senate--
                  ``(i) a recommended strategy to protect and prepare 
                the critical infrastructure of the American homeland 
                against EMP events, including from acts of terrorism; 
                and
                  ``(ii) biennial updates on the status of the 
                recommended strategy.
          ``(B) The recommended strategy 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) include a classified annex as needed.
          ``(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 strategy complies with subparagraph (B).''.
  (b) Clerical Amendments.--The table of contents in section 1(b) of 
such Act is amended--
          (1) by adding at the end of the items relating to title V the 
        following:

``Sec. 526. National planning frameworks and education.'';

        and
          (2) by adding at the end of the items relating to title III 
        the following:

``Sec. 318. EMP research and development.''.

  (c) Deadline for Recommended Strategy.--The Secretary of Homeland 
Security shall submit the recommended strategy required under the 
amendment made by subsection (a)(4) by not later than one year after 
the date of the enactment of this Act.
  (d) Report.--The Secretary shall submit a report to Congress by not 
later than 180 days after the date of the enactment of this Act 
describing the progress made in, and an estimated date by which the 
Department of Homeland Security will have completed--
          (1) including EMP (as defined in the amendment made by 
        subsection (a)(1)) threats in national planning frameworks;
          (2) research and development described in the amendment made 
        by subsection (a)(3);
          (3) development of the comprehensive plan required under the 
        amendment made by subsection (a)(4); and
          (4) outreach to educate owners and operators of critical 
        infrastructure, emergency planners and emergency response 
        providers at all levels of government regarding the threat of 
        EMP 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.

                          Purpose and Summary

    The purpose of H.R. 1073 is to amend the Homeland Security 
Act of 2002 to secure critical infrastructure against 
electromagnetic threats, and for other purposes.

                  Background and Need for Legislation

    The Department of Homeland Security (DHS) has a 
responsibility to assess critical infrastructure resilience to 
a variety of threats, both man-made and natural. The mission of 
DHS is to ensure ``a homeland that is safe, secure, and 
resilient against terrorism and other hazards.'' The threat of 
electromagnetic pulses (EMP), whether due to a nuclear weapon 
or solar flares, represents another high-consequence, low-
probability threat, which has had little attention from the 
Department.
    This measure requires the Secretary to assess both EMP 
threats in the context of other threat to determine the 
research and development needs to mitigate the threat and 
consequences of EMP events, develop strategic guidance for the 
Department, and conduct outreach to educate owners and 
operators of the critical infrastructure, emergency planners, 
and emergency response providers regarding the threat of EMP 
events.

Prior Legislation

    In the 113th Congress, the Committee on Homeland Security 
considered H.R. 3410, the Critical Infrastructure Protection 
Act. The House passed H.R. 3410 under Suspension of the Rules 
on December 1, 2014, and the measure was referred to the Senate 
Committee on Homeland Security and Governmental Affairs.

                                Hearings


112th Congress

    On September 12, 2012, the Subcommittee on Cybersecurity, 
Infrastructure Protection, and Security Technologies held a 
hearing entitled ``The EMP Threat: Examining the 
Consequences.'' The Subcommittee received testimony from Hon. 
Trent Franks, a Representative in Congress from the 2nd 
District of Arizona; Mr.Joseph McClelland, Director, Office of 
Electric Reliability, Federal Energy Regulatory Commission; 
Mr.Brandon Wales, Director, Homeland Infrastructure Threat and 
Risk Analysis Center, Department of Homeland Security; 
Mr.Michael A. Aimone, Director, Business Enterprise 
Integration, Office of the Deputy Undersecretary of Defense for 
Installations and Environment, Office of Undersecretary of 
Defense for Acquisition, Technology, and Logistics, Department 
of Defense; and Dr. Chris Beck, President, Electric 
Infrastructure Security Council.

113th Congress

    On May 8, 2014, the Subcommittee on Cybersecurity, 
Infrastructure Protection, and Security Technologies held a 
hearing entitled ``Electromagnetic Pulse (EMP): Threat to 
Critical Infrastructure.'' The Subcommittee received testimony 
from Hon. Trent Franks, a Representative in Congress from the 
Eighth District of Arizona; Dr. Peter Vincent Pry, 
Congressional EMP Commission, Congressional Strategic Posture 
Commission, Executive Director of the Task Force on National 
and Homeland Security; Dr. Michael J. Frankel, Senior 
Scientist, Penn State University, Applied Research Laboratory; 
and Dr. Chris Beck, Vice President, Policy and Strategic 
Initiatives, Electric Infrastructure Security Council.

                        Committee Consideration

    The Committee met on June 23, 2015, to consider H.R. 1073, 
and ordered the measure to be reported to the House with a 
favorable recommendation, amended, by voice vote. The Committee 
took the following actions:
    The following amendments were offered:
 An Amendment in the Nature of a Substitute offered by Mr. 
Perry (#1); was AGREED TO, as amended, by voice vote.

 An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Thompson of Mississippi (#1) consisting of an 
amendment by Mr. Payne; was AGREED TO by voice vote.

     Page 2, line 1, strike ``Scenarios'' and insert ``Frameworks''.
     Page 2, line 3, insert ``or the Secretary's designee'' after 
``Secretary''.
     Page 2, line 4, strike ``national planning scenarios'' and insert 
``national planning frameworks''.
     Page 2, line 8, strike ``responders'' and insert ``response 
providers''.
     Page 4, after line 23, strike ``scenarios'' and insert 
``frameworks''.
     Page 5, line 15, strike ``scenarios'' and insert ``frameworks''.
     Page 5, line 23, strike ``responders'' and insert ``response 
providers''

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 1073.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
1073, the Critical Infrastructure Protection Act, would result 
in no new or increased budget authority, entitlement authority, 
or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 13, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1073, the Critical 
Infrastructure Protection Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 1073--Critical Infrastructure Protection Act

    H.R. 1073 would require the Department of Homeland Security 
(DHS) to undertake research and planning activities to mitigate 
the potential consequences of electromagnetic pulses--resulting 
from either intentional acts or natural causes--on critical 
infrastructure, such as public utilities and national security 
assets. The department is currently carrying out programs 
similar to those required by the bill, and CBO estimates that 
implementing H.R. 1073 would not significantly affect spending 
by DHS. Because enacting the legislation would not affect 
direct spending or revenues, pay-as-you-go procedures do not 
apply.
    H.R. 1073 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 1073 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The Committee expects DHS to provide an appropriate 
assessment of the threat of electromagnetic pulse (EMP) events 
and to include such assessment in national planning scenarios. 
DHS shall develop a campaign to proactively educate owners and 
operators of critical infrastructure, emergency planners, and 
emergency responders at all levels of government of the threat 
of EMP events. The Committee expects DHS to conduct research 
and development to mitigate the consequences of EMP events and 
develop a comprehensive plan relating to intelligence and 
analysis to protect and prepare the critical infrastructure 
against EMP events

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 1073 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 1073 does 
not preempt any State, local, or Tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that bill may be cited as the 
``Critical Infrastructure Protection Act'' or ``CIPA''.

Section 2.   EMP Planning, Research and Development, and Protection and 
        Preparedness.

    This section amends section 2 of the Homeland Security Act 
of 2002 to define EMP as: (a) an electromagnetic pulse caused 
by intentional means, including acts of terrorism, (b) a 
geomagnetic disturbance caused by solar storms or other 
naturally occurring phenomena.
    The committee is aware of the concerns of industry in the 
possible confusion between pulses caused by intentional means, 
such as a high altitude nuclear weapon detonation, and those 
caused by natural phenomena such as solar storms. The magnitude 
and the temporal duration of the energy released are very 
different. Electromagnetic pulses caused by nuclear yield has a 
different waveform, typically described in the literature as 
E1, E2, and E3 forms, than the electromagnetic pulses caused by 
a geomagnetic disturbance, though we note that the later-time 
E3 of a nuclear generated pulse have many characteristics 
similar to the pulses caused by a geomagnetic disturbance. The 
intent of this definition is to keep these electromagnetic 
pulse initiating events distinct and separate, as well as the 
resulting impact on critical infrastructure such as the 
electric power grid. Regardless of the source event (nuclear 
yield or GMD), the Department of Homeland Security is to assess 
both types of events and the electromagnetic pulses generated, 
determine their impact to potential disturbances or outages to 
critical infrastructure, and suggest possible ways to mitigate 
these effects.
    This section amends title V to require the Secretary to 
include the threat of EMP events in national planning 
frameworks and conduct outreach to educate critical 
infrastructure owners and operators, emergency planners, and 
emergency responders at all levels of government of the threat 
of EMP events.
    This section amends title III of the Homeland Security Act 
of 2002 to require the Undersecretary of Science and Technology 
to conduct research and development to mitigate the 
consequences of EMP events. The research and development must 
include an objective scientific analysis of the risks to 
critical infrastructures from a range of EMP events; a 
determination of the national security assets and civic 
utilities and infrastructures at risk from EMP events; an 
evaluation of emergency planning and response technologies that 
would address the findings and recommendations of experts; an 
analysis of technology options available to improve the 
resiliency of critical infrastructure to EMP; and the 
restoration and recovery capabilities of critical 
infrastructure under differing levels of damage and disruption 
from various EMP events.
    This section amends section 201(d) by requiring a strategy 
to protect and prepare the critical infrastructure against EMP 
events. The strategy must be updated biennially. The strategy 
will be based on findings of the research and development 
conducted in title III; be developed in consultation with 
relevant Federal sector-specific agencies for critical 
infrastructures; be developed in consultation with the relevant 
sector coordinating councils; and include a classified annex as 
needed. The Secretary may incorporate the strategy into a 
broader recommendation to help protect and prepare critical 
infrastructure from terrorism and other threats. The strategy 
is due one year from the date of enactment.
    This section requires the Secretary to report to Congress 
within 180 days of enactment on the progress made on the new 
requirements in this bill.

Section 3.   No Regulatory Authority.

    Consistent with Section 3, which provides that nothing in 
this Act shall be construed to grant any regulatory authority, 
the intent of the Committee is that the recommended strategy 
shall apply solely to planning, research and development, and 
other internal activities or recommendations of the Department, 
and should not be used or construed in a manner that would have 
the effect of imposing requirements or standards, either 
directly or indirectly, on the private sector.

Section 4.   No New Authorization of Appropriations.

    This section requires the Act to be carried out only by 
using funds appropriated under the authority of other laws.
         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

    TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

     * * * * * * *
Sec. 318. EMP research and development.
     * * * * * * *

                 TITLE V--NATIONAL EMERGENCY MANAGEMENT

     * * * * * * *
Sec. 526. National planning frameworks and education.

           *       *       *       *       *       *       *


SEC. 2. DEFINITIONS.

   In this Act, the following definitions apply:
          (1) Each of the terms ``American homeland'' and 
        ``homeland'' means the United States.
          (2) The term ``appropriate congressional committee'' 
        means any committee of the House of Representatives or 
        the Senate having legislative or oversight jurisdiction 
        under the Rules of the House of Representatives or the 
        Senate, respectively, over the matter concerned.
          (3) The term ``assets'' includes contracts, 
        facilities, property, records, unobligated or 
        unexpended balances of appropriations, and other funds 
        or resources (other than personnel).
          (4) The term ``critical infrastructure'' has the 
        meaning given that term in section 1016(e) of Public 
        Law 107-56 (42 U.S.C. 5195c(e)).
          (5) The term ``Department'' means the Department of 
        Homeland Security.
          (6) The term ``emergency response providers'' 
        includes Federal, State, and local governmental and 
        nongovernmental emergency public safety, fire, law 
        enforcement, emergency response, emergency medical 
        (including hospital emergency facilities), and related 
        personnel, agencies, and authorities.
          (6a) EMP.--The term ``EMP'' means--
                  (A) an electromagnetic pulse caused by 
                intentional means, including acts of terrorism; 
                and
                  (B) a geomagnetic disturbance caused by solar 
                storms or other naturally occurring phenomena.
          (7) The term ``executive agency'' means an executive 
        agency and a military department, as defined, 
        respectively, in sections 105 and 102 of title 5, 
        United States Code.
          (8) The term ``functions'' includes authorities, 
        powers, rights, privileges, immunities, programs, 
        projects, activities, duties, and responsibilities.
          (9) The term ``intelligence component of the 
        Department'' means any element or entity of the 
        Department that collects, gathers, processes, analyzes, 
        produces, or disseminates intelligence information 
        within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, or national intelligence, as defined under 
        section 3(5) of the National Security Act of 1947 (50 
        U.S.C. 401a(5)), except--
                  (A) the United States Secret Service; and
                  (B) the Coast Guard, when operating under the 
                direct authority of the Secretary of Defense or 
                Secretary of the Navy pursuant to section 3 of 
                title 14, United States Code, except that 
                nothing in this paragraph shall affect or 
                diminish the authority and responsibilities of 
                the Commandant of the Coast Guard to command or 
                control the Coast Guard as an armed force or 
                the authority of the Director of National 
                Intelligence with respect to the Coast Guard as 
                an element of the intelligence community (as 
                defined under section 3(4) of the National 
                Security Act of 1947 (50 U.S.C. 401a(4)).
          (10) The term ``key resources'' means publicly or 
        privately controlled resources essential to the minimal 
        operations of the economy and government.
          (11) The term ``local government'' means--
                  (A) a county, municipality, city, town, 
                township, local public authority, school 
                district, special district, intrastate 
                district, council of governments (regardless of 
                whether the council of governments is 
                incorporated as a nonprofit corporation under 
                State law), regional or interstate government 
                entity, or agency or instrumentality of a local 
                government;
                  (B) an Indian tribe or authorized tribal 
                organization, or in Alaska a Native village or 
                Alaska Regional Native Corporation; and
                  (C) a rural community, unincorporated town or 
                village, or other public entity.
          (12) The term ``major disaster'' has the meaning 
        given in section 102(2) of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5122).
          (13) The term ``personnel'' means officers and 
        employees.
          (14) The term ``Secretary'' means the Secretary of 
        Homeland Security.
          (15) 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.
          (16) The term ``terrorism'' means any activity that--
                  (A) involves an act that--
                          (i) is dangerous to human life or 
                        potentially destructive of critical 
                        infrastructure or key resources; and
                          (ii) is a violation of the criminal 
                        laws of the United States or of any 
                        State or other subdivision of the 
                        United States; and
                  (B) appears to be intended--
                          (i) to intimidate or coerce a 
                        civilian population;
                          (ii) to influence the policy of a 
                        government by intimidation or coercion; 
                        or
                          (iii) to affect the conduct of a 
                        government by mass destruction, 
                        assassination, or kidnapping.
          (17)(A) The term ``United States'', when used in a 
        geographic sense, 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, any 
        possession of the United States, and any waters within 
        the jurisdiction of the United States.
          (B) Nothing in this paragraph or any other provision 
        of this Act shall be construed to modify the definition 
        of ``United States'' for the purposes of the 
        Immigration and Nationality Act or any other 
        immigration or nationality law.
          (18) The term ``voluntary preparedness standards'' 
        means a common set of criteria for preparedness, 
        disaster management, emergency management, and business 
        continuity programs, such as the American National 
        Standards Institute's National Fire Protection 
        Association Standard on Disaster/Emergency Management 
        and Business Continuity Programs (ANSI/NFPA 1600).

           *       *       *       *       *       *       *


      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Information and Analysis and Infrastructure Protection; 
                         Access to Information

SEC. 201. INFORMATION AND ANALYSIS AND INFRASTRUCTURE PROTECTION.

  (a) Intelligence and Analysis and Infrastructure 
Protection.--There shall be in the Department an Office of 
Intelligence and Analysis and an Office of Infrastructure 
Protection.
  (b) Under Secretary for Intelligence and Analysis and 
Assistant Secretary for Infrastructure Protection.--
          (1) Office of intelligence and analysis.--The Office 
        of Intelligence and Analysis shall be headed by an 
        Under Secretary for Intelligence and Analysis, who 
        shall be appointed by the President, by and with the 
        advice and consent of the Senate.
          (2) Chief intelligence officer.--The Under Secretary 
        for Intelligence and Analysis shall serve as the Chief 
        Intelligence Officer of the Department.
          (3) Office of infrastructure protection.--The Office 
        of Infrastructure Protection shall be headed by an 
        Assistant Secretary for Infrastructure Protection, who 
        shall be appointed by the President.
  (c) Discharge of Responsibilities.--The Secretary shall 
ensure that the responsibilities of the Department relating to 
information analysis and infrastructure protection, including 
those described in subsection (d), are carried out through the 
Under Secretary for Intelligence and Analysis or the Assistant 
Secretary for Infrastructure Protection, as appropriate.
  (d) Responsibilities of Secretary Relating To Intelligence 
and Analysis and Infrastructure Protection.--The 
responsibilities of the Secretary relating to intelligence and 
analysis and infrastructure protection shall be as follows:
          (1) To access, receive, and analyze law enforcement 
        information, intelligence information, and other 
        information from agencies of the Federal Government, 
        State and local government agencies (including law 
        enforcement agencies), and private sector entities, and 
        to integrate such information, in support of the 
        mission responsibilities of the Department and the 
        functions of the National Counterterrorism Center 
        established under section 119 of the National Security 
        Act of 1947 (50 U.S.C. 404o), in order to--
                  (A) identify and assess the nature and scope 
                of terrorist threats to the homeland;
                  (B) detect and identify threats of terrorism 
                against the United States; and
                  (C) understand such threats in light of 
                actual and potential vulnerabilities of the 
                homeland.
          (2) To carry out comprehensive assessments of the 
        vulnerabilities of the key resources and critical 
        infrastructure of the United States, including the 
        performance of risk assessments to determine the risks 
        posed by particular types of terrorist attacks within 
        the United States (including an assessment of the 
        probability of success of such attacks and the 
        feasibility and potential efficacy of various 
        countermeasures to such attacks).
          (3) To integrate relevant information, analysis, and 
        vulnerability assessments (regardless of whether such 
        information, analysis or assessments are provided by or 
        produced by the Department) in order to--
                  (A) identify priorities for protective and 
                support measures regarding terrorist and other 
                threats to homeland security by the Department, 
                other agencies of the Federal Government, 
                State, and local government agencies and 
                authorities, the private sector, and other 
                entities; and
                  (B) prepare finished intelligence and 
                information products in both classified and 
                unclassified formats, as appropriate, whenever 
                reasonably expected to be of benefit to a 
                State, local, or tribal government (including a 
                State, local, or tribal law enforcement agency) 
                or a private sector entity.
          (4) To ensure, pursuant to section 202, the timely 
        and efficient access by the Department to all 
        information necessary to discharge the responsibilities 
        under this section, including obtaining such 
        information from other agencies of the Federal 
        Government.
          (5) To develop a comprehensive national plan for 
        securing the key resources and critical infrastructure 
        of the United States, including power production, 
        generation, and distribution systems, information 
        technology and telecommunications systems (including 
        satellites), electronic financial and property record 
        storage and transmission systems, emergency 
        preparedness communications systems, and the physical 
        and technological assets that support such systems.
          (6) To recommend measures necessary to protect the 
        key resources and critical infrastructure of the United 
        States in coordination with other agencies of the 
        Federal Government and in cooperation with State and 
        local government agencies and authorities, the private 
        sector, and other entities.
          (7) To review, analyze, and make recommendations for 
        improvements to the policies and procedures governing 
        the sharing of information within the scope of the 
        information sharing environment established under 
        section 1016 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 485), including 
        homeland security information, terrorism information, 
        and weapons of mass destruction information, and any 
        policies, guidelines, procedures, instructions, or 
        standards established under that section.
          (8) To disseminate, as appropriate, information 
        analyzed by the Department within the Department, to 
        other agencies of the Federal Government with 
        responsibilities relating to homeland security, and to 
        agencies of State and local governments and private 
        sector entities with such responsibilities in order to 
        assist in the deterrence, prevention, preemption of, or 
        response to, terrorist attacks against the United 
        States.
          (9) To consult with the Director of National 
        Intelligence and other appropriate intelligence, law 
        enforcement, or other elements of the Federal 
        Government to establish collection priorities and 
        strategies for information, including law enforcement-
        related information, relating to threats of terrorism 
        against the United States through such means as the 
        representation of the Department in discussions 
        regarding requirements and priorities in the collection 
        of such information.
          (10) To consult with State and local governments and 
        private sector entities to ensure appropriate exchanges 
        of information, including law enforcement-related 
        information, relating to threats of terrorism against 
        the United States.
          (11) To ensure that--
                  (A) any material received pursuant to this 
                Act is protected from unauthorized disclosure 
                and handled and used only for the performance 
                of official duties; and
                  (B) any intelligence information under this 
                Act is shared, retained, and disseminated 
                consistent with the authority of the Director 
                of National Intelligence to protect 
                intelligence sources and methods under the 
                National Security Act of 1947 (50 U.S.C. 401 et 
                seq.) and related procedures and, as 
                appropriate, similar authorities of the 
                Attorney General concerning sensitive law 
                enforcement information.
          (12) To request additional information from other 
        agencies of the Federal Government, State and local 
        government agencies, and the private sector relating to 
        threats of terrorism in the United States, or relating 
        to other areas of responsibility assigned by the 
        Secretary, including the entry into cooperative 
        agreements through the Secretary to obtain such 
        information.
          (13) To establish and utilize, in conjunction with 
        the chief information officer of the Department, a 
        secure communications and information technology 
        infrastructure, including data-mining and other 
        advanced analytical tools, in order to access, receive, 
        and analyze data and information in furtherance of the 
        responsibilities under this section, and to disseminate 
        information acquired and analyzed by the Department, as 
        appropriate.
          (14) To ensure, in conjunction with the chief 
        information officer of the Department, that any 
        information databases and analytical tools developed or 
        utilized by the Department--
                  (A) are compatible with one another and with 
                relevant information databases of other 
                agencies of the Federal Government; and
                  (B) treat information in such databases in a 
                manner that complies with applicable Federal 
                law on privacy.
          (15) To coordinate training and other support to the 
        elements and personnel of the Department, other 
        agencies of the Federal Government, and State and local 
        governments that provide information to the Department, 
        or are consumers of information provided by the 
        Department, in order to facilitate the identification 
        and sharing of information revealed in their ordinary 
        duties and the optimal utilization of information 
        received from the Department.
          (16) To coordinate with elements of the intelligence 
        community and with Federal, State, and local law 
        enforcement agencies, and the private sector, as 
        appropriate.
          (17) To provide intelligence and information analysis 
        and support to other elements of the Department.
          (18) To coordinate and enhance integration among the 
        intelligence components of the Department, including 
        through strategic oversight of the intelligence 
        activities of such components.
          (19) To establish the intelligence collection, 
        processing, analysis, and dissemination priorities, 
        policies, processes, standards, guidelines, and 
        procedures for the intelligence components of the 
        Department, consistent with any directions from the 
        President and, as applicable, the Director of National 
        Intelligence.
          (20) To establish a structure and process to support 
        the missions and goals of the intelligence components 
        of the Department.
          (21) To ensure that, whenever possible, the 
        Department--
                  (A) produces and disseminates unclassified 
                reports and analytic products based on open-
                source information; and
                  (B) produces and disseminates such reports 
                and analytic products contemporaneously with 
                reports or analytic products concerning the 
                same or similar information that the Department 
                produced and disseminated in a classified 
                format.
          (22) To establish within the Office of Intelligence 
        and Analysis an internal continuity of operations plan.
          (23) Based on intelligence priorities set by the 
        President, and guidance from the Secretary and, as 
        appropriate, the Director of National Intelligence--
                  (A) to provide to the heads of each 
                intelligence component of the Department 
                guidance for developing the budget pertaining 
                to the activities of such component; and
                  (B) to present to the Secretary a 
                recommendation for a consolidated budget for 
                the intelligence components of the Department, 
                together with any comments from the heads of 
                such components.
          (24) To perform such other duties relating to such 
        responsibilities as the Secretary may provide.
          (25) To prepare and submit to the Committee on 
        Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security in the 
        House of Representatives, and to other appropriate 
        congressional committees having jurisdiction over the 
        critical infrastructure or key resources, for each 
        sector identified in the National Infrastructure 
        Protection Plan, a report on the comprehensive 
        assessments carried out by the Secretary of the 
        critical infrastructure and key resources of the United 
        States, evaluating threat, vulnerability, and 
        consequence, as required under this subsection. Each 
        such report--
                  (A) shall contain, if applicable, actions or 
                countermeasures recommended or taken by the 
                Secretary or the head of another Federal agency 
                to address issues identified in the 
                assessments;
                  (B) shall be required for fiscal year 2007 
                and each subsequent fiscal year and shall be 
                submitted not later than 35 days after the last 
                day of the fiscal year covered by the report; 
                and
                  (C) may be classified.
          (26)(A) Prepare and submit to the Committee on 
        Homeland Security of the House of Representatives and 
        the Committee on Homeland Security and Governmental 
        Affairs of the Senate--
                  (i) a recommended strategy to protect and 
                prepare the critical infrastructure of the 
                American homeland against EMP events, including 
                from acts of terrorism; and
                  (ii) biennial updates on the status of the 
                recommended strategy.
          (B) The recommended strategy 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) include a classified annex as needed.
          (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 strategy complies with 
        subparagraph (B).
  (e) Staff.--
          (1) In general.--The Secretary shall provide the 
        Office of Intelligence and Analysis and the Office of 
        Infrastructure Protection with a staff of analysts 
        having appropriate expertise and experience to assist 
        such offices in discharging responsibilities under this 
        section.
          (2) Private sector analysts.--Analysts under this 
        subsection may include analysts from the private 
        sector.
          (3) Security clearances.--Analysts under this 
        subsection shall possess security clearances 
        appropriate for their work under this section.
  (f) Detail of Personnel.--
          (1) In general.--In order to assist the Office of 
        Intelligence and Analysis and the Office of 
        Infrastructure Protection in discharging 
        responsibilities under this section, personnel of the 
        agencies referred to in paragraph (2) may be detailed 
        to the Department for the performance of analytic 
        functions and related duties.
          (2) Covered agencies.--The agencies referred to in 
        this paragraph are as follows:
                  (A) The Department of State.
                  (B) The Central Intelligence Agency.
                  (C) The Federal Bureau of Investigation.
                  (D) The National Security Agency.
                  (E) The National Geospatial-Intelligence 
                Agency.
                  (F) The Defense Intelligence Agency.
                  (G) Any other agency of the Federal 
                Government that the President considers 
                appropriate.
          (3) Cooperative agreements.--The Secretary and the 
        head of the agency concerned may enter into cooperative 
        agreements for the purpose of detailing personnel under 
        this subsection.
          (4) Basis.--The detail of personnel under this 
        subsection may be on a reimbursable or non-reimbursable 
        basis.
  (g) Functions Transferred.--In accordance with title XV, 
there shall be transferred to the Secretary, for assignment to 
the Office of Intelligence and Analysis and the Office of 
Infrastructure Protection under this section, the functions, 
personnel, assets, and liabilities of the following:
          (1) The National Infrastructure Protection Center of 
        the Federal Bureau of Investigation (other than the 
        Computer Investigations and Operations Section), 
        including the functions of the Attorney General 
        relating thereto.
          (2) The National Communications System of the 
        Department of Defense, including the functions of the 
        Secretary of Defense relating thereto.
          (3) The Critical Infrastructure Assurance Office of 
        the Department of Commerce, including the functions of 
        the Secretary of Commerce relating thereto.
          (4) The National Infrastructure Simulation and 
        Analysis Center of the Department of Energy and the 
        energy security and assurance program and activities of 
        the Department, including the functions of the 
        Secretary of Energy relating thereto.
          (5) The Federal Computer Incident Response Center of 
        the General Services Administration, including the 
        functions of the Administrator of General Services 
        relating thereto.

           *       *       *       *       *       *       *


TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


SEC. 318. EMP 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 
agencies and departments of the Federal Government and relevant 
owners and operators of critical infrastructure, shall, to the 
extent practicable, conduct research and development to 
mitigate the consequences of EMP events.
  (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 EMP events.
          (2) Determination of the critical national security 
        assets and vital civic utilities and infrastructures 
        that are at risk from EMP events.
          (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.
          (4) An analysis of technology options that are 
        available to improve the resiliency of critical 
        infrastructure to EMP.
          (5) The restoration and recovery capabilities of 
        critical infrastructure under differing levels of 
        damage and disruption from various EMP events.

           *       *       *       *       *       *       *


TITLE V--NATIONAL EMERGENCY MANAGEMENT

           *       *       *       *       *       *       *


SEC. 526. NATIONAL PLANNING FRAMEWORKS AND EDUCATION.

  The Secretary, or the Secretary's designee, shall, to the 
extent practicable--
          (1) include in national planning frameworks the 
        threat of EMP events; and
          (2) conduct outreach to educate owners and operators 
        of critical infrastructure, emergency planners, and 
        emergency response providers at all levels of 
        government of the threat of EMP events.

           *       *       *       *       *       *       *


          ADDITIONAL VIEW OF RANKING MEMBER BENNIE G. THOMPSON

    I am writing to associate myself with the views of many 
industry stakeholders on a core aspect of the bill--the 
definition of electromagnetic pulse.
    While I am pleased that the report acknowledges industry 
concerns, I am disappointed that the bill does not distinguish 
an electromagnetic pulse (EMP) from a geomagnetic disturbance 
(GMD). An EMP event is manmade and expected to impact all 
microprocessors. A GMD is naturally-occurring and expected to 
impact primarily bulk power and communication systems.
    Unfortunately, the definition in the bill merges and 
conflates the two. The definition has broad ramifications on 
how DHS uses its limited resources to carry out the new 
mandates under the bill. As a result of this conflation, DHS 
will now have to research, strategize, and develop educational 
materials on two very different low-probability threats that 
inherently demand radically different mitigation and response 
strategies.
                                        Bennie G. Thompson,
                                                    Ranking Member.

                                  [all]