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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3410 Referred in Senate (RFS)]

113th CONGRESS
  2d Session
                                H. R. 3410

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 2, 2014

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
     To amend the Homeland Security Act of 2002 to secure critical 
 infrastructure against electromagnetic pulses, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 SCENARIOS AND EDUCATION.

    ``The Secretary shall, to the extent practicable--
            ``(1) include in national planning scenarios the threat of 
        EMP events; and
            ``(2) conduct outreach to educate owners and operators of 
        critical infrastructure, emergency planners, and emergency 
        responders 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 scenarios 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 scenarios;
            (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 responders 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.

            Passed the House of Representatives December 1, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```