Sec. 6006. Electromagnetic pulses and geomagnetic disturbances
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In this section— the term appropriate congressional committees has the meaning given that term in subsection
(d)of section 320 of the Homeland Security Act of 2002, as added by subsection
(b)of this section; and the terms critical infrastructure , EMP , and GMD have the meanings given such terms in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ). Section 320 of the Homeland Security Act of 2002 ( 6 U.S.C. 195f ) is amended— in the section heading, by inserting after and threat assessment, response, and recovery ; and development by adding at the end the following: In this subsection— the term appropriate congressional committees means— the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Homeland Security, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives; the terms prepare and preparedness mean the actions taken to plan, organize, equip, train, and exercise to build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the homeland, including the prediction and notification of impending EMPs and GMDs; and the term Sector-Specific Agency has the meaning given that term in section 2201. Beginning not later than June 19, 2020, the Secretary shall provide timely distribution of information on EMPs and GMDs to Federal, State, and local governments, owners and operators of critical infrastructure, and other persons determined appropriate by the Secretary. The Secretary shall brief the appropriate congressional committees on the effectiveness of the distribution of information under clause (i). The Secretary shall— coordinate the response to and recovery from the effects of EMPs and GMDs on critical infrastructure, in coordination with the heads of appropriate Sector-Specific Agencies, and on matters related to the bulk power system, in consultation with the Secretary of Energy and the Federal Energy Regulatory Commission; and incorporate events that include EMPs and extreme GMDs as a factor in preparedness scenarios and exercises. The Secretary and the Administrator of the Federal Emergency Management Agency, and on matters related to the bulk power system, the Secretary of Energy and the Federal Energy Regulatory Commission, shall— not later than June 19, 2020, develop plans and procedures to coordinate the response to and recovery from EMP and GMD events; and not later than December 21, 2020, conduct a national exercise to test the preparedness and response of the Nation to the effect of an EMP or extreme GMD event. The Secretary, in coordination with the heads of relevant Sector-Specific Agencies, shall— without duplication of existing or ongoing efforts, conduct research and development to better understand and more effectively model the effects of EMPs and GMDs on critical infrastructure (which shall not include any system or infrastructure of the Department of Defense or any system or infrastructure of the Department of Energy associated with nuclear weapons activities); and develop technologies to enhance the resilience of and better protect critical infrastructure. Not later than March 26, 2020, and in coordination with the heads of relevant Sector-Specific Agencies, the Secretary shall submit to the appropriate congressional committees a research and development action plan to rapidly address modeling shortfall and technology development. The Secretary, in coordination with relevant stakeholders, shall implement a network of systems that are capable of providing appropriate emergency information to the public before (if possible), during, and in the aftermath of an EMP or GMD. Not later than December 21, 2020, the Secretary, in coordination with the Administrator of the Federal Emergency Management Agency, shall brief the appropriate congressional committees regarding the system required under clause (i). The Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, and the Secretary of Commerce, and informed by intelligence-based threat assessments, shall conduct a quadrennial EMP and GMD risk assessment. Not later than March 26, 2020, and every 4 years thereafter until 2032, the Secretary, the Secretary of Defense, the Secretary of Energy, and the Secretary of Commerce shall provide a briefing to the appropriate congressional committees regarding the quadrennial EMP and GMD risk assessment. The Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the heads of other relevant Sector-Specific Agencies, shall use the results of the quadrennial EMP and GMD risk assessments to better understand and to improve resilience to the effects of EMPs and GMDs across all critical infrastructure sectors, including coordinating the prioritization of critical infrastructure at greatest risk to the effects of EMPs and GMDs. Not later than December 21, 2020, and every 4 years thereafter until 2032, the Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, the heads of other appropriate agencies, and, as appropriate, private-sector partners, shall submit to the appropriate congressional committees, a report that— assesses the technological options available to improve the resilience of critical infrastructure to the effects of EMPs and GMDs; and identifies gaps in available technologies and opportunities for technological developments to inform research and development activities. Not later than December 20, 2020, the Secretary, in coordination with the heads of Sector-Specific Agencies, the Secretary of Defense, and the Secretary of Energy, shall— review test data regarding the effects of EMPs and GMDs on critical infrastructure systems, networks, and assets representative of those throughout the Nation; and identify any gaps in the test data. Not later than 180 days after identifying gaps in test data under clause (i), the Secretary, in coordination with the heads of Sector-Specific Agencies and in consultation with the Secretary of Defense and the Secretary of Energy, shall use the sector partnership structure identified in the National Infrastructure Protection Plan to develop an integrated cross-sector plan to address the identified gaps. The heads of each agency identified in the plan developed under clause
(ii)shall implement the plan in collaboration with the voluntary efforts of the private sector, as appropriate. Nothing in this section may be construed to affect in any manner the authority, existing on the day before the date of enactment of this subsection, of any other component of the Department or any other Federal department or agency, including the authority provided to the Sector-Specific Agency specified in section 61003(c) of division F of the Fixing America’s Surface Transportation Act ( 6 U.S.C. 121 note), including the authority under section 215 of the Federal Power Act ( 16 U.S.C. 824o ), and including the authority of independent agencies to be independent. . In this subsection, the term national essential functions means the overarching responsibilities of the Federal Government to lead and sustain the Nation before, during, and in the aftermath of a catastrophic emergency, such as an EMP or GMD that adversely affects the performance of the Federal Government. Not later than March 20, 2020, each agency that supports a national essential function shall prepare updated operational plans documenting the procedures and responsibilities of the agency relating to preparing for, protecting against, and mitigating the effects of EMPs and GMDs. Not later than March 26, 2020, and as appropriate thereafter, the Secretary of Energy, in consultation with the Secretary of Defense, the Secretary of Homeland Security, and, as appropriate, the private sector, may develop or update, as necessary, quantitative and voluntary benchmarks that sufficiently describe the physical characteristics of EMPs, including waveform and intensity, in a form that is useful to and can be shared with owners and operators of critical infrastructure. Nothing in this subsection shall affect the authority of the Electric Reliability Organization to develop and enforce, or the authority of the Federal Energy Regulatory Commission to approve, reliability standards. Not later than September 22, 2020, the Secretary of Homeland Security, in coordination with the Secretary of Defense and the Secretary of Energy, and in consultation with the private sector, as appropriate, shall develop and implement a pilot test to evaluate available engineering approaches for mitigating the effects of EMPs and GMDs on the most vulnerable critical infrastructure systems, networks, and assets. Not later than 90 days after the date on which the pilot test described in paragraph
(1)is completed, the Secretary of Homeland Security, in coordination with the Secretary of Defense and the Secretary of Energy, shall jointly brief the appropriate congressional committees on the cost and effectiveness of the evaluated approaches. Not later than September 22, 2020, the Secretary of Defense, in consultation with the Secretary of Homeland Security and the Secretary of Energy, shall conduct a pilot test to evaluate engineering approaches for hardening a strategic military installation, including infrastructure that is critical to supporting that installation, against the effects of EMPs and GMDs. Not later than 180 days after completing the pilot test described in paragraph (1), the Secretary of Defense shall submit to the appropriate congressional committees a report regarding the cost and effectiveness of the evaluated approaches. Not later than December 21, 2020, the Secretary of Homeland Security, after holding a series of joint meetings with the Secretary of Defense, the Secretary of Commerce, the Federal Communications Commission, and the Secretary of Transportation shall submit to the appropriate congressional committees a report— assessing the effects of EMPs and GMDs on critical communications infrastructure; and recommending any necessary changes to operational plans to enhance national response and recovery efforts after an EMP or GMD. The table of sections in section 1(b) of the Homeland Security Act of 2002 is amended by striking the item relating to section 320 and inserting the following: Sec. 320. EMP and GMD mitigation research and development and threat assessment, response, and recovery. .
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Sec. 6006
Electromagnetic pulses and geomagnetic disturbances
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