II 

Calendar No. 457 

114TH CONGRESS 

2D SESSION S. 1846 

[Report No. 114–250] 

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

against electromagnetic threats, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2015 

Mr. JOHNSON (for himself and Mr. CRUZ) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

MAY 9, 2016 

Reported by Mr. JOHNSON, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Homeland Security Act of 2002 to secure 

critical infrastructure against electromagnetic threats, 

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 of 2015’’ or ‘‘CIPA’’. 


sradovich on DSK3TPTVN1PROD with BILLS
2 

•S 1846 RS

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

2 AND PROTECTION AND PREPAREDNESS. 

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

4 2002 (6 U.S.C. 101 et seq.) is amended— 

5 (1) in section 2 (6 U.S.C. 101)— 

6 (A) by redesignating paragraphs (7) 

7 through (18) as paragraphs (8) through (19), 

8 respectively; and 

9 (B) by inserting after paragraph (6) the 

10 following: 

11 ‘‘(7) EM THREAT.—The term ‘EM threat’ 

12 means an electromagnetic pulse caused by— 

13 ‘‘(A) a nuclear device or nonnuclear device, 

14 including such a pulse caused by an act of ter15 rorism; or 

16 ‘‘(B) a geomagnetic disturbance caused by 

17 solar storms or other naturally occurring phe18 nomena.’’; 

19 (2) in section 201(d) (6 U.S.C. 121(d)), by 

20 adding at the end the following: 

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

22 on Homeland Security and Governmental Affairs of 

23 the Senate and the Committee on Homeland Secu24 rity of the House of Representatives— 

25 ‘‘(i) a recommended strategy to protect 

26 and prepare the critical infrastructure of the 


sradovich on DSK3TPTVN1PROD with BILLS
3 

•S 1846 RS

1 American homeland against EM threats, includ2 ing from acts of terrorism; and 

3 ‘‘(ii) not less frequently than every 2 years, 

4 updates of the recommended strategy. 

5 ‘‘(B) The recommended strategy under sub6 paragraph (A) shall— 

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

8 and development conducted under section 318; 

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

10 relevant Federal sector-specific agencies (as de11 fined under Homeland Security Presidential Di12 rective 7) for critical infrastructures; 

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

14 relevant sector coordinating councils for critical 

15 infrastructures; and 

16 ‘‘(iv) be submitted in unclassified form, but 

17 may include a classified annex. 

18 ‘‘(C) The Secretary may, if appropriate, incor19 porate the recommended strategy into a broader rec20 ommendation developed by the Department to help 

21 protect and prepare critical infrastructure from ter22 rorism and other threats if, as incorporated, the rec23 ommended strategy complies with subparagraph 

24 (B).’’; 


sradovich on DSK3TPTVN1PROD with BILLS
4 

•S 1846 RS

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

2 at the end the following: 

3 ‘‘SEC. 318. EM THREAT RESEARCH AND DEVELOPMENT. 

4 ‘‘(a) IN GENERAL.—In furtherance of domestic pre5 paredness and response, the Secretary, acting through the 

6 Under Secretary for Science and Technology, and in con7 sultation with other relevant executive agencies and rel8 evant owners and operators of critical infrastructure, 

9 shall, to the extent practicable, conduct research and de10 velopment to mitigate the consequences of EM threats. 

11 ‘‘(b) SCOPE.—The scope of the research and develop12 ment under subsection (a) shall include the following: 

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

14 to critical infrastructures from a range of EM 

15 threats. 

16 ‘‘(2) Determination of the critical national secu17 rity assets and vital civic utilities and infrastructures 

18 that are at risk from EM threats. 

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

20 response technologies that would address the find21 ings and recommendations of experts, including 

22 those of the Commission to Assess the Threat to the 

23 United States from Electromagnetic Pulse Attack, 

24 which shall include a review of the feasibility of— 


sradovich on DSK3TPTVN1PROD with BILLS
5 

•S 1846 RS

1 ‘‘(A) rapidly isolating one or more portions 

2 of the electrical grid from the main electrical 

3 grid; and 

4 ‘‘(B) training utility and transmission op5 erators to deactivate transmission lines within 

6 seconds of an event constituting an EM threat. 

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

8 available to improve the resiliency of critical infra9 structure to EM threats, which shall include an 

10 analysis of neutral current blocking devices that may 

11 protect high-voltage transmission lines. 

12 ‘‘(5) The restoration and recovery capabilities 

13 of critical infrastructure under differing levels of 

14 damage and disruption from various EM threats. 

15 ‘‘(6) An analysis of the feasibility of a real-time 

16 alert system to inform electric grid operators and 

17 other stakeholders within milliseconds of a high-alti18 tude nuclear explosion.’’; and 

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

20 at the end the following: 

21 ‘‘SEC. 526. NATIONAL PLANNING FRAMEWORKS AND EDU22 CATION. 

23 ‘‘The Secretary, acting through the Under Secretary 

24 for the National Protection and Programs Directorate, 

25 shall, to the extent practicable— 


sradovich on DSK3TPTVN1PROD with BILLS
6 

•S 1846 RS

1 ‘‘(1) include EM threats in national planning 

2 frameworks; and 

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

4 operators of critical infrastructure, emergency plan5 ners, and emergency response providers at all levels 

6 of government regarding EM threats.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 (1) The table of contents in section 1(b) of the 

9 Homeland Security Act of 2002 is amended— 

10 (A) by inserting after the item relating to 

11 section 317 the following: 

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

12 and 

13 (B) by inserting after the item relating to 

14 section 525 the following: 

‘‘Sec. 526. National planning frameworks and education.’’. 

15 (2) Section 501(13) of the Homeland Security 

16 Act of 2002 (6 U.S.C. 311(13)) is amended by strik17 ing ‘‘section 101(11)(B)’’ and inserting ‘‘section 

18 101(12)(B)’’. 

19 (3) Section 712(a) of title 14, United States 

20 Code, is amended by striking ‘‘section 2(16) of the 

21 Homeland Security Act of 2002 (6 U.S.C. 101(16))’’ 

22 and inserting ‘‘section 2 of the Homeland Security 

23 Act of 2002 (6 U.S.C. 101)’’. 


sradovich on DSK3TPTVN1PROD with BILLS
7 

•S 1846 RS

1 (c) DEADLINE FOR INITIAL RECOMMENDED STRAT2 EGY.—Not later than 1 year after the date of enactment 

3 of this Act, the Secretary of Homeland Security shall sub4 mit the recommended strategy required under paragraph 

5 (26) of section 201(d) of the Homeland Security Act of 

6 2002 (6 U.S.C. 121(d)), as added by this Act. 

7 (d) REPORT.—Not later than 180 days after the date 

8 of enactment of this Act, the Secretary of Homeland Secu9 rity shall submit to Congress a report describing the 

10 progress made in, and an estimated date by which the De11 partment of Homeland Security will have completed— 

12 (1) including EM threats (as defined in section 

13 2 of the Homeland Security Act of 2002, as amend14 ed by this Act) in national planning frameworks; 

15 (2) research and development described in sec16 tion 318 of the Homeland Security Act of 2002, as 

17 added by this Act; 

18 (3) development of the recommended strategy 

19 required under paragraph (26) of section 201(d) of 

20 the Homeland Security Act of 2002 (6 U.S.C. 

21 121(d)), as added by this Act; and 

22 (4) beginning to conduct outreach to educate 

23 emergency planners and emergency response pro24 viders at all levels of government regarding EM 

25 threat events. 


sradovich on DSK3TPTVN1PROD with BILLS
8 

•S 1846 RS

1 SEC. 3. NO REGULATORY AUTHORITY. 

2 Nothing in this Act, including the amendments made 

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

4 authority. 

5 SEC. 4. NO NEW AUTHORIZATION OF APPROPRIATIONS. 

6 This Act, including the amendments made by this 

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

8 under the authority of other laws. 

9 SECTION 1. SHORT TITLE. 

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

11 Protection Act of 2016’’ or the ‘‘CIPA’’. 

12 SEC. 2. EMP AND GMD PLANNING, RESEARCH AND DEVEL13 OPMENT, AND PROTECTION AND PREPARED14 NESS. 

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

16 2002 (6 U.S.C. 101 et seq.) is amended— 

17 (1) in section 2 (6 U.S.C. 101)— 

18 (A) by redesignating paragraphs (9) 

19 through (18) as paragraphs (11) through (20), 

20 respectively; 

21 (B) by redesignating paragraphs (7) and 

22 (8) as paragraphs (8) and (9), respectively; 

23 (C) by inserting after paragraph (6) the fol24 lowing: 

25 ‘‘(7) The term ‘EMP’ means an electromagnetic 

26 pulse caused by a nuclear device or nonnuclear device, 


sradovich on DSK3TPTVN1PROD with BILLS
9 

•S 1846 RS

1 including such a pulse caused by an act of ter2 rorism.’’; and 

3 (D) by inserting after paragraph (9), as so 

4 redesignated, the following: 

5 ‘‘(10) The term ‘GMD’ means a geomagnetic dis6 turbance caused by a solar storm or another naturally 

7 occurring phenomenon.’’; 

8 (2) in section 201(d) (6 U.S.C. 121(d)), by add9 ing at the end the following: 

10 ‘‘(26)(A) To conduct an intelligence-based review 

11 and comparison of the risk and consequence of threats 

12 and hazards, including GMD and EMP, facing crit13 ical infrastructures, and prepare and submit to the 

14 Committee on Homeland Security and Governmental 

15 Affairs of the Senate and the Committee on Home16 land Security of the House of Representatives— 

17 ‘‘(i) a recommended strategy to protect and 

18 prepare the critical infrastructure of the Amer19 ican homeland against threats of EMP and 

20 GMD, including from acts of terrorism; and 

21 ‘‘(ii) not less frequently than every 2 years, 

22 updates of the recommended strategy. 

23 ‘‘(B) The recommended strategy under subpara24 graph (A) shall— 


sradovich on DSK3TPTVN1PROD with BILLS
10 

•S 1846 RS

1 ‘‘(i) be based on findings of the research and 

2 development conducted under section 319; 

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

4 relevant Federal sector-specific agencies (as de5 fined under Presidential Policy Directive–21) for 

6 critical infrastructures; 

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

8 relevant sector coordinating councils for critical 

9 infrastructures; 

10 ‘‘(iv) be informed, to the extent practicable, 

11 by the findings of the intelligence-based review 

12 and comparison of the risk and consequence of 

13 threats and hazards, including GMD and EMP, 

14 facing critical infrastructures conducted under 

15 subparagraph (A); and 

16 ‘‘(v) be submitted in unclassified form, but 

17 may include a classified annex. 

18 ‘‘(C) The Secretary may, if appropriate, incor19 porate the recommended strategy into a broader rec20 ommendation developed by the Department to help 

21 protect and prepare critical infrastructure from ter22 rorism, cyber attacks, and other threats and hazards 

23 if, as incorporated, the recommended strategy com24 plies with subparagraph (B).’’; 


sradovich on DSK3TPTVN1PROD with BILLS
11 

•S 1846 RS

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

2 at the end the following: 

3 ‘‘SEC. 319. GMD AND EMP MITIGATION RESEARCH AND DE4 VELOPMENT. 

5 ‘‘(a) IN GENERAL.—In furtherance of domestic pre6 paredness and response, the Secretary, acting through the 

7 Under Secretary for Science and Technology, and in con8 sultation with other relevant executive agencies and relevant 

9 owners and operators of critical infrastructure, shall, to the 

10 extent practicable, conduct research and development to 

11 mitigate the consequences of threats of EMP and GMD. 

12 ‘‘(b) SCOPE.—The scope of the research and develop13 ment under subsection (a) shall include the following: 

14 ‘‘(1) An objective scientific analysis— 

15 ‘‘(A) evaluating the risks to critical infra16 structures from a range of threats of EMP and 

17 GMD; and 

18 ‘‘(B) which shall— 

19 ‘‘(i) be conducted in conjunction with 

20 the Office of Intelligence and Analysis; and 

21 ‘‘(ii) include a review and comparison 

22 of the range of threats and hazards facing 

23 critical infrastructure of the electric grid. 


sradovich on DSK3TPTVN1PROD with BILLS
12 

•S 1846 RS

1 ‘‘(2) Determination of the critical utilities and 

2 national security assets and infrastructures that are 

3 at risk from threats of EMP and GMD. 

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

5 response technologies that would address the findings 

6 and recommendations of experts, including those of 

7 the Commission to Assess the Threat to the United 

8 States from Electromagnetic Pulse Attack, which shall 

9 include a review of the feasibility of— 

10 ‘‘(A) rapidly isolating 1 or more portions of 

11 the electrical grid from the main electrical grid; 

12 and 

13 ‘‘(B) training utility and transmission op14 erators to deactivate transmission lines within 

15 seconds of an event constituting a threat of EMP 

16 or GMD. 

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

18 available to improve the resiliency of critical infra19 structure to threats of EMP and GMD, which shall 

20 include an analysis of neutral current blocking de21 vices that may protect high-voltage transmission 

22 lines. 

23 ‘‘(5) The restoration and recovery capabilities of 

24 critical infrastructure under differing levels of dam25 age and disruption from various threats of EMP and 


sradovich on DSK3TPTVN1PROD with BILLS
13 

•S 1846 RS

1 GMD, as informed by the objective scientific analysis 

2 conducted under paragraph (1). 

3 ‘‘(6) An analysis of the feasibility of a real-time 

4 alert system to inform electric grid operators and 

5 other stakeholders within milliseconds of a high-alti6 tude nuclear explosion.’’; and 

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

8 at the end the following: 

9 ‘‘SEC. 527. NATIONAL PLANNING AND EDUCATION. 

10 ‘‘(a) IN GENERAL.—The Secretary shall, to the extent 

11 practicable— 

12 ‘‘(1) develop an incident annex or similar re13 sponse and planning strategy that guides the response 

14 to a major GMD or EMP event; and 

15 ‘‘(2) conduct outreach to educate owners and op16 erators of critical infrastructure, emergency planners, 

17 and emergency response providers at all levels of gov18 ernment regarding threats of EMP and GMD. 

19 ‘‘(b) EXISTING ANNEXES AND PLANS.—The incident 

20 annex or response and planning strategy developed under 

21 subsection (a)(1) may be incorporated into existing incident 

22 annexes or response plans.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

24 (1) The table of contents in section 1(b) of the 

25 Homeland Security Act of 2002 is amended— 


sradovich on DSK3TPTVN1PROD with BILLS
14 

•S 1846 RS

1 (A) by inserting after the item relating to 

2 section 317 the following: 

‘‘Sec. 319. GMD and EMP mitigation research and development.’’; and 

3 (B) by inserting after the item relating to 

4 section 525 the following: 

‘‘Sec. 526. Integrated Public Alert and Warning System modernization. 

‘‘Sec. 527. National planning and education.’’. 

5 (2) Section 501(13) of the Homeland Security 

6 Act of 2002 (6 U.S.C. 311(13)) is amended by strik7 ing ‘‘section 2(11)(B)’’ and inserting ‘‘section 

8 2(13)(B)’’. 

9 (3) Section 712(a) of title 14, United States 

10 Code, is amended by striking ‘‘section 2(16) of the 

11 Homeland Security Act of 2002 (6 U.S.C. 101(16))’’ 

12 and inserting ‘‘section 2 of the Homeland Security 

13 Act of 2002 (6 U.S.C. 101)’’. 

14 (c) DEADLINE FOR INITIAL RECOMMENDED STRAT15 EGY.—Not later than 1 year after the date of enactment 

16 of this Act, the Secretary of Homeland Security shall sub17 mit the recommended strategy required under paragraph 

18 (26) of section 201(d) of the Homeland Security Act of 2002 

19 (6 U.S.C. 121(d)), as added by this Act. 

20 (d) REPORT.—Not later than 180 days after the date 

21 of enactment of this Act, the Secretary of Homeland Secu22 rity shall submit to Congress a report describing the 


sradovich on DSK3TPTVN1PROD with BILLS
15 

•S 1846 RS

1 progress made in, and an estimated date by which the De2 partment of Homeland Security will have completed— 

3 (1) including threats of EMP and GMD (as 

4 those terms are defined in section 2 of the Homeland 

5 Security Act of 2002, as amended by this Act) in na6 tional planning, as described in section 527 of the 

7 Homeland Security Act of 2002, as added by this Act; 

8 (2) research and development described in section 

9 319 of the Homeland Security Act of 2002, as added 

10 by this Act; 

11 (3) development of the recommended strategy re12 quired under paragraph (26) of section 201(d) of the 

13 Homeland Security Act of 2002 (6 U.S.C. 121(d)), as 

14 added by this Act; and 

15 (4) beginning to conduct outreach to educate 

16 emergency planners and emergency response providers 

17 at all levels of government regarding threats of EMP 

18 and GMD events. 

19 SEC. 3. NO REGULATORY AUTHORITY. 

20 Nothing in this Act, including the amendments made 

21 by this Act, shall be construed to grant any regulatory au22 thority. 


sradovich on DSK3TPTVN1PROD with BILLS
16 

•S 1846 RS

1 SEC. 4. NO NEW AUTHORIZATION OF APPROPRIATIONS. 

2 This Act, including the amendments made by this Act, 

3 may be carried out only by using funds appropriated under 

4 the authority of other laws. 


sradovich on DSK3TPTVN1PROD with BILLS

sradovich on DSK3TPTVN1PROD with BILLS
Calendar No. 457 

114TH CONGRESS 

2D SESSION S. 1846 

[Report No. 114–250] 

A BILL 

To amend the Homeland Security Act of 2002 to 

magnetic threats, and for other purposes. secure critical infrastructure against electroMAY 9, 2016 

Reported with an amendment 


sradovich on DSK3TPTVN1PROD with BILLS