I 

113TH CONGRESS 

1ST SESSION H. R. 3410 

To amend the Homeland Security Act of 2002 to secure critical infrastructure 

against electromagnetic pulses, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 30, 2013 

Mr. FRANKS of Arizona (for himself and Mr. SESSIONS) introduced the 

following bill; which was referred to the Committee on Homeland Security 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Protection Act’’ or ‘‘CIPA’’. 

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

7 AND PROTECTION AND PREPAREDNESS. 

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

9 2002 (6 U.S.C. 121) is amended— 


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

2 after paragraph (6) the following: 

3 ‘‘(6a) EMP.—The term ‘EMP’ means— 

4 ‘‘(A) an electromagnetic pulse caused by 

5 intentional means, including acts of terrorism; 

6 and 

7 ‘‘(B) an electromagnetic pulse caused by 

8 solar storms or other naturally occurring phe9 nomena.’’; 

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

11 at the end the following: 

12 ‘‘SEC. 526. NATIONAL PLANNING SCENARIOS AND EDU13 CATION. 

14 ‘‘The Secretary, acting through the Assistant Sec15 retary of the National Protection and Programs Direc16 torate, shall— 

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

18 threat of EMP events; and 

19 ‘‘(2) conduct a campaign to proactively educate 

20 owners and operators of critical infrastructure, 

21 emergency planners, and emergency responders at 

22 all levels of government of the threat of EMP 

23 events.’’; 

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

25 at the end of the following: 


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

2 ‘‘(a) IN GENERAL.—In furtherance of domestic pre3 paredness and response, the Secretary, acting through the 

4 Under Secretary for Science and Technology, and in con5 sultation with other relevant agencies and departments of 

6 the Federal Government and relevant owners and opera7 tors of critical infrastructure, shall conduct research and 

8 development to mitigate the consequences of EMP events. 

9 ‘‘(b) SCOPE.—The scope of the research and develop10 ment under subsection (a) shall include the following: 

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

12 to critical infrastructures from a range of EMP 

13 events. 

14 ‘‘(2) Determination of the critical national secu15 rity assets and vital civic utilities and infrastructures 

16 that are at risk from EMP events. 

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

18 response technologies that would address the find19 ings and recommendations of experts, including 

20 those of the Commission to Assess the Threat to the 

21 United States from Electromagnetic Pulse Attack. 

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

23 available to improve the resiliency of critical infra24 structure to EMP. 

25 ‘‘(5) The restoration and recovery capabilities 

26 of critical infrastructure under differing levels of 


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

2 and 

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

4 adding at the end the following: 

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

6 on Homeland Security of the House of Representa7 tives and the Committee on Homeland Security and 

8 Governmental Affairs of the Senate— 

9 ‘‘(i) a comprehensive plan to protect and 

10 prepare the critical infrastructure of the Amer11 ican homeland against EMP events, including 

12 from acts of terrorism; and 

13 ‘‘(ii) biennial updates of such plan. 

14 ‘‘(B) The comprehensive plan shall— 

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

16 and development conducted under section 318; 

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

18 relevant Federal sector-specific agencies (as de19 fined under Homeland Security Presidential Di20 rective–7) for critical infrastructures; 

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

22 relevant sector coordinating councils for critical 

23 infrastructures; and 

24 ‘‘(iv) include a classified annex.’’. 


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

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

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

4 to title V the following: 

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

5 and 

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

7 to title III the following: 

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

8 (c) DEADLINE FOR INITIAL PLAN.—The Secretary of 

9 Homeland Security shall submit the comprehensive plan 

10 required under the amendment made by subsection (a)(4) 

11 by not later than one year after the date of the enactment 

12 of this Act. 

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

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

15 the enactment of this Act describing the progress made 

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

17 Homeland Security will have completed— 

18 (1) including EMP (as defined in the amend19 ment made by subsection (a)(1)) threats in national 

20 planning scenarios; 

21 (2) research and development described in the 

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


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1 (3) development of the comprehensive plan re2 quired under the amendment made by subsection 

3 (a)(4); and 

4 (4) beginning a campaign to proactively educate 

5 emergency planners and emergency responders at all 

6 levels of government regarding the threat of EMP 

7 events. 

Æ 


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