IIB 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Critical Infrastructure 

3 Protection Act’’ or ‘‘CIPA’’. 

4 SEC. 2. EMP PLANNING, RESEARCH AND DEVELOPMENT, 

5 AND PROTECTION AND PREPAREDNESS. 

6 (a) IN GENERAL.—The Homeland Security Act of 

7 2002 (6 U.S.C. 121) is amended— 

8 (1) in section 2 (6 U.S.C. 101), by inserting 

9 after paragraph (6) the following: 

10 ‘‘(6a) EMP.—The term ‘EMP’ means— 

11 ‘‘(A) an electromagnetic pulse caused by 

12 intentional means, including acts of terrorism; 

13 and 

14 ‘‘(B) a geomagnetic disturbance caused by 

15 solar storms or other naturally occurring phe16 nomena.’’; 

17 (2) in title V (6 U.S.C. 311 et seq.), by adding 

18 at the end the following: 

19 ‘‘SEC. 526. NATIONAL PLANNING SCENARIOS AND EDU20 CATION. 

21 ‘‘The Secretary shall, to the extent practicable— 

22 ‘‘(1) include in national planning scenarios the 

23 threat of EMP events; and 

24 ‘‘(2) conduct outreach to educate owners and 

25 operators of critical infrastructure, emergency planVerDate Sep 11 2014 22:59 Dec 02, 2014 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3410.RFS H3410

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1 ners, and emergency responders at all levels of gov2 ernment of the threat of EMP events.’’; 

3 (3) in title III (6 U.S.C. 181 et seq.), by adding 

4 at the end of the following: 

5 ‘‘SEC. 318. EMP RESEARCH AND DEVELOPMENT. 

6 ‘‘(a) IN GENERAL.—In furtherance of domestic pre7 paredness and response, the Secretary, acting through the 

8 Under Secretary for Science and Technology, and in con9 sultation with other relevant agencies and departments of 

10 the Federal Government and relevant owners and opera11 tors of critical infrastructure, shall, to the extent prac12 ticable, conduct research and development to mitigate the 

13 consequences of EMP events. 

14 ‘‘(b) SCOPE.—The scope of the research and develop15 ment under subsection (a) shall include the following: 

16 ‘‘(1) An objective scientific analysis of the risks 

17 to critical infrastructures from a range of EMP 

18 events. 

19 ‘‘(2) Determination of the critical national secu20 rity assets and vital civic utilities and infrastructures 

21 that are at risk from EMP events. 

22 ‘‘(3) An evaluation of emergency planning and 

23 response technologies that would address the find24 ings and recommendations of experts, including 


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1 those of the Commission to Assess the Threat to the 

2 United States from Electromagnetic Pulse Attack. 

3 ‘‘(4) An analysis of technology options that are 

4 available to improve the resiliency of critical infra5 structure to EMP. 

6 ‘‘(5) The restoration and recovery capabilities 

7 of critical infrastructure under differing levels of 

8 damage and disruption from various EMP events.’’; 

9 and 

10 (4) in section 201(d) (6 U.S.C. 121(d)), by 

11 adding at the end the following: 

12 ‘‘(26)(A) Prepare and submit to the Committee 

13 on Homeland Security of the House of Representa14 tives and the Committee on Homeland Security and 

15 Governmental Affairs of the Senate— 

16 ‘‘(i) a recommended strategy to protect 

17 and prepare the critical infrastructure of the 

18 American homeland against EMP events, in19 cluding from acts of terrorism; and 

20 ‘‘(ii) biennial updates on the status of the 

21 recommended strategy. 

22 ‘‘(B) The recommended strategy shall— 

23 ‘‘(i) be based on findings of the research 

24 and development conducted under section 318; 


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1 ‘‘(ii) be developed in consultation with the 

2 relevant Federal sector-specific agencies (as de3 fined under Homeland Security Presidential Di4 rective–7) for critical infrastructures; 

5 ‘‘(iii) be developed in consultation with the 

6 relevant sector coordinating councils for critical 

7 infrastructures; and 

8 ‘‘(iv) include a classified annex as needed. 

9 ‘‘(C) The Secretary may, if appropriate, incor10 porate the recommended strategy into a broader rec11 ommendation developed by the Department to help 

12 protect and prepare critical infrastructure from ter13 rorism and other threats if, as incorporated, the 

14 strategy complies with subparagraph (B).’’. 

15 (b) CLERICAL AMENDMENTS.—The table of contents 

16 in section 1(b) of such Act is amended— 

17 (1) by adding at the end of the items relating 

18 to title V the following: 

‘‘Sec. 526. National planning scenarios and education.’’; 

19 and 

20 (2) by adding at the end of the items relating 

21 to title III the following: 

‘‘Sec. 318. EMP research and development.’’. 

22 (c) DEADLINE FOR RECOMMENDED STRATEGY.— 

23 The Secretary of Homeland Security shall submit the rec24 ommended strategy required under the amendment made 


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1 by subsection (a)(4) by not later than one year after the 

2 date of the enactment of this Act. 

3 (d) REPORT.—The Secretary shall submit a report 

4 to Congress by not later than 180 days after the date of 

5 the enactment of this Act describing the progress made 

6 in, and an estimated date by which the Department of 

7 Homeland Security will have completed— 

8 (1) including EMP (as defined in the amend9 ment made by subsection (a)(1)) threats in national 

10 planning scenarios; 

11 (2) research and development described in the 

12 amendment made by subsection (a)(3); 

13 (3) development of the comprehensive plan re14 quired under the amendment made by subsection 

15 (a)(4); and 

16 (4) outreach to educate owners and operators of 

17 critical infrastructure, emergency planners and 

18 emergency responders at all levels of government re19 garding the threat of EMP events. 

20 SEC. 3. NO REGULATORY AUTHORITY. 

21 Nothing in this Act, including the amendments made 

22 by this Act, shall be construed to grant any regulatory 

23 authority. 


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1 SEC. 4. NO NEW AUTHORIZATION OF APPROPRIATIONS. 

2 This Act, including the amendments made by this 

3 Act, may be carried out only by using funds appropriated 

4 under the authority of other laws. 

Passed the House of Representatives December 1, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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