S.Amdt. 4465

SA 4465. Mr. JOHNSON submitted an amendment intended to be proposed
by him to the bill S. 2943, to authorize appropriations for fiscal year
2017 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 of subtitle I of title X, add the following:

SEC. 1097. CRITICAL INFRASTRUCTURE PROTECTION ACT.

(a) Short Title.--This section may be cited as the
``Critical Infrastructure Protection Act of 2016'' or the
``CIPA''.
(b) EMP and GMD Planning, Research and Development, and
Protection and Preparedness.--
(1) In general.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended--
(A) in section 2 (6 U.S.C. 101)--
(i) by redesignating paragraphs (9) through (18) as
paragraphs (11) through (20), respectively;
(ii) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively;
(iii) by inserting after paragraph (6) the following:
``(7) The term `EMP' means an electromagnetic pulse caused
by a nuclear device or nonnuclear device, including such a
pulse caused by an act of terrorism.''; and
(iv) by inserting after paragraph (9), as so redesignated,
the following:
``(10) The term `GMD' means a geomagnetic disturbance
caused by a solar storm or another naturally occurring
phenomenon.'';
(B) in section 201(d) (6 U.S.C. 121(d)), by adding at the
end the following:
``(26)(A) To conduct an intelligence-based review and
comparison of the risk and consequence of threats and
hazards, including GMD and EMP, facing critical
infrastructures, and prepare and submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives--
``(i) a recommended strategy to protect and prepare the
critical infrastructure of the American homeland against
threats of EMP and GMD, including from acts of terrorism; and
``(ii) not less frequently than every 2 years, updates of
the recommended strategy.
``(B) The recommended strategy under subparagraph (A)
shall--
``(i) be based on findings of the research and development
conducted under section 319;
``(ii) be developed in consultation with the relevant
Federal sector-specific agencies (as defined under
Presidential Policy Directive-21) for critical
infrastructures;
``(iii) be developed in consultation with the relevant
sector coordinating councils for critical infrastructures;
``(iv) be informed, to the extent practicable, by the
findings of the intelligence-based review and comparison of
the risk and consequence of threats and hazards, including
GMD and EMP, facing critical infrastructures conducted under
subparagraph (A); and
``(v) be submitted in unclassified form, but may include a
classified annex.
``(C) The Secretary may, if appropriate, incorporate the
recommended strategy into a broader recommendation developed
by the Department to help protect and prepare critical
infrastructure from terrorism, cyber attacks, and other
threats and hazards if, as incorporated, the recommended
strategy complies with subparagraph (B).'';
(C) in title III (6 U.S.C. 181 et seq.), by adding at the
end the following:

``SEC. 319. GMD AND EMP MITIGATION RESEARCH AND DEVELOPMENT.

``(a) In General.--In furtherance of domestic preparedness
and response, the Secretary, acting through the Under
Secretary for Science and Technology, and in consultation
with other relevant executive agencies and relevant owners
and operators of critical infrastructure, shall, to the
extent practicable, conduct research and development to
mitigate the consequences of threats of EMP and GMD.
``(b) Scope.--The scope of the research and development
under subsection (a) shall include the following:
``(1) An objective scientific analysis--
``(A) evaluating the risks to critical infrastructures from
a range of threats of EMP and GMD; and
``(B) which shall--
``(i) be conducted in conjunction with the Office of
Intelligence and Analysis; and
``(ii) include a review and comparison of the range of
threats and hazards facing critical infrastructure of the
electric grid.
``(2) Determination of the critical utilities and national
security assets and infrastructures that are at risk from
threats of EMP and GMD.
``(3) An evaluation of emergency planning and response
technologies that would address the findings and
recommendations of experts, including those of the Commission
to Assess the Threat to the United States from
Electromagnetic Pulse Attack, which shall include a review of
the feasibility of--
``(A) rapidly isolating 1 or more portions of the
electrical grid from the main electrical grid; and
``(B) training utility and transmission operators to
deactivate transmission lines within seconds of an event
constituting a threat of EMP or GMD.
``(4) An analysis of technology options that are available
to improve the resiliency of critical infrastructure to
threats of EMP and GMD, which shall include an analysis of
neutral current blocking devices that may protect high-
voltage transmission lines.
``(5) The restoration and recovery capabilities of critical
infrastructure under differing levels of damage and
disruption from various threats of EMP and GMD, as informed
by the objective scientific analysis conducted under
paragraph (1).
``(6) An analysis of the feasibility of a real-time alert
system to inform electric grid operators and other
stakeholders within milliseconds of a high-altitude nuclear
explosion.''; and
(D) in title V (6 U.S.C. 311 et seq.), by adding at the end
the following:

``SEC. 527. NATIONAL PLANNING AND EDUCATION.

``(a) In General.--The Secretary shall, to the extent
practicable--
``(1) develop an incident annex or similar response and
planning strategy that guides the response to a major GMD or
EMP event; and
``(2) conduct outreach to educate owners and operators of
critical infrastructure, emergency planners, and emergency
response providers at all levels of government regarding
threats of EMP and GMD.
``(b) Existing Annexes and Plans.--The incident annex or
response and planning strategy developed under subsection
(a)(1) may be incorporated into existing incident annexes or
response plans.''.
(2) Technical and conforming amendments.--
(A) The table of contents in section 1(b) of the Homeland
Security Act of 2002 is amended--
(i) by inserting after the item relating to section 317 the
following:

``Sec. 319. GMD and EMP mitigation research and development.''; and
(ii) by inserting after the item relating to section 525
the following:

``Sec. 526. Integrated Public Alert and Warning System modernization.

[[Page S3554]]

``Sec. 527. National planning and education.''.
(B) Section 501(13) of the Homeland Security Act of 2002 (6
U.S.C. 311(13)) is amended by striking ``section 2(11)(B)''
and inserting ``section 2(13)(B)''.
(C) Section 712(a) of title 14, United States Code, is
amended by striking ``section 2(16) of the Homeland Security
Act of 2002 (6 U.S.C. 101(16))'' and inserting ``section 2 of
the Homeland Security Act of 2002 (6 U.S.C. 101)''.
(3) Deadline for initial recommended strategy.--Not later
than 1 year after the date of enactment of this Act, the
Secretary of Homeland Security shall submit the recommended
strategy required under paragraph (26) of section 201(d) of
the Homeland Security Act of 2002 (6 U.S.C. 121(d)), as added
by this section.
(4) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to Congress a report describing the progress
made in, and an estimated date by which the Department of
Homeland Security will have completed--
(A) including threats of EMP and GMD (as those terms are
defined in section 2 of the Homeland Security Act of 2002, as
amended by this section) in national planning, as described
in section 527 of the Homeland Security Act of 2002, as added
by this section;
(B) research and development described in section 319 of
the Homeland Security Act of 2002, as added by this section;
(C) development of the recommended strategy required under
paragraph (26) of section 201(d) of the Homeland Security Act
of 2002 (6 U.S.C. 121(d)), as added by this section; and
(D) beginning to conduct outreach to educate emergency
planners and emergency response providers at all levels of
government regarding threats of EMP and GMD events.
(c) No Regulatory Authority.--Nothing in this section,
including the amendments made by this section, shall be
construed to grant any regulatory authority.
(d) No New Authorization of Appropriations.--This section,
including the amendments made by this section, may be carried
out only by using funds appropriated under the authority of
other laws.
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