Sec. 1913. EMP AND GMD PLANNING, RESEARCH AND DEVELOPMENT, AND PROTECTION AND PREPAREDNESS
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## SEC. 1913 EMP AND GMD PLANNING, RESEARCH AND DEVELOPMENT, AND PROTECTION AND PREPAREDNESS ###
(a)In General The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended— ####
(1)in section 2 (6 U.S.C. 101)— #####
(A)by redesignating paragraphs
(9)through
(18)as paragraphs
(11)through (20), respectively; #####
(B)by redesignating paragraphs
(7)and
(8)as paragraphs
(8)and (9), respectively; #####
(C)by inserting after paragraph
(6)the following new paragraph: > > #### “(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 #####
(D)by inserting after paragraph (9), as so redesignated, the following new paragraph: > > #### “(10) > > The term ‘GMD’ means a geomagnetic disturbance caused by a solar storm or another naturally occurring phenomenon.” > ; ####
(2)in subsection
(d)of section 201 (6 U.S.C. 121), by adding at the end the following new paragraph: > > #### “(26) > > > #####
(A)> > Not later than six months after the date of the enactment of this paragraph, to conduct an intelligence-based review and comparison of the risks and consequences of EMP and GMD facing critical infrastructure, and submit to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate— > > > ###### “(i) > > a recommended strategy to protect and prepare the critical infrastructure of the homeland against threats of EMP and GMD; and > > > ###### “(ii) > > not less frequently than every two years thereafter for the next six 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 infrastructure; > > > ###### “(iii) > > be developed in consultation with the relevant sector coordinating councils for critical infrastructure; > > > ###### “(iv) > > be informed, to the extent practicable, by the findings of the intelligence-based review and comparison of the risks and consequences of EMP and GMD facing critical infrastructure 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 if, as incorporated, the recommended strategy complies with subparagraph (B).” > ; ####
(3)in title III (6 U.S.C. 181 et seq.), by adding at the end the following new section: > > ## “SEC. 319 EMP AND GMD MITIGATION RESEARCH AND DEVELOPMENT > > **[**[6 U.S.C. 195f](/us/usc/t6/s195f)**]** > > > ### “(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, relevant State, local, and tribal governments, 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 infrastructure 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 electrical grid. > > > #### “(2) > > Determination of the critical utilities and national security assets and infrastructure 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 rapidly isolating one or more portions of the electrical grid from the main electrical grid. > > > #### “(4) > > An analysis of technology options that are available to improve the resiliency of critical infrastructure to threats of EMP and GMD, including 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 electrical grid operators and other stakeholders within milliseconds of a high-altitude nuclear explosion. > > > ### “(c) Exemption From Disclosure > > > #### “(1) Information shared with the federal government > > Section 214, and any regulations issued pursuant to such section, shall apply to any information shared with the Federal Government under this section. > > > #### “(2) Information shared by the federal government > > Information shared by the Federal Government with a State, local, or tribal government under this section shall be exempt from disclosure under any provision of State, local, or tribal freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring the disclosure of information or records.” > ; and ####
(4)in title V (6 U.S.C. 311 et seq.), by adding at the end the following new section: > > ## “SEC. 527 NATIONAL PLANNING AND EDUCATION > > **[**[6 U.S.C. 321p](/us/usc/t6/s321p)**]** > > “The Secretary shall, to the extent practicable— > > > #### “(1) > > include in national planning frameworks the threat of an EMP or GMD 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)Technical and Conforming Amendments ####
(1)The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended— #####
(A)by inserting after the item relating to section 317 the following new item:" “Sec. 319. EMP and GMD mitigation research and development.” "; and #####
(B)by inserting after the item relating to section 525 the following:" “Sec. 526. Integrated Public Alert and Warning System modernization. “Sec. 527. National planning and education.” ". ####
(2)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)”. ####
(3)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)”. ###
(c)Deadline for Initial Recommended Strategy **[**[6 U.S.C. 121 note](/us/usc/t6/s121)**]** Not later than one year after the date of the enactment of this section, 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. ###
(d)Report Not later than 180 days after the date of the enactment of this section, 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— ####
(1)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; ####
(2)research and development described in section 319 of the Homeland Security Act of 2002, as added by this section; ####
(3)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 ####
(4)beginning to conduct outreach to educate emergency planners and emergency response providers at all levels of government regarding threats of EMP and GMD events. ###
(e)No Regulatory Authority **[**[6 U.S.C. 101 note](/us/usc/t6/s101)**]** Nothing in this section, including the amendments made by this section, shall be construed to grant any regulatory authority. ###
(f)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. ### DIVISION B MILITARY CONSTRUCTION AUTHORIZATIONS
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Sec. 1913
EMP AND GMD PLANNING, RESEARCH AND DEVELOPMENT, AND PROTECTION AND PREPAREDNESS
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