II 

114TH CONGRESS 

1ST SESSION S. 1846 

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 

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’’. 

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. 101 et seq.) is amended— 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•S 1846 IS

1 (1) in section 2 (6 U.S.C. 101)— 

2 (A) by redesignating paragraphs (7) 

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

4 respectively; and 

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

6 following: 

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

8 means an electromagnetic pulse caused by— 

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

10 including such a pulse caused by an act of ter11 rorism; or 

12 ‘‘(B) a geomagnetic disturbance caused by 

13 solar storms or other naturally occurring phe14 nomena.’’; 

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

16 adding at the end the following: 

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

18 on Homeland Security and Governmental Affairs of 

19 the Senate and the Committee on Homeland Secu20 rity of the House of Representatives— 

21 ‘‘(i) a recommended strategy to protect 

22 and prepare the critical infrastructure of the 

23 American homeland against EM threats, includ24 ing from acts of terrorism; and 

mstockstill on DSK4VPTVN1PROD with BILLS

3 

•S 1846 IS

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

2 updates of the recommended strategy. 

3 ‘‘(B) The recommended strategy under sub4 paragraph (A) shall— 

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

6 and development conducted under section 318; 

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

8 relevant Federal sector-specific agencies (as de9 fined under Homeland Security Presidential Di10 rective 7) for critical infrastructures; 

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

12 relevant sector coordinating councils for critical 

13 infrastructures; and 

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

15 may include a classified annex. 

16 ‘‘(C) The Secretary may, if appropriate, incor17 porate the recommended strategy into a broader rec18 ommendation developed by the Department to help 

19 protect and prepare critical infrastructure from ter20 rorism and other threats if, as incorporated, the rec21 ommended strategy complies with subparagraph 

22 (B).’’; 

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

24 at the end the following: 

mstockstill on DSK4VPTVN1PROD with BILLS

4 

•S 1846 IS

1 ‘‘SEC. 318. EM THREAT 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 executive agencies and rel6 evant owners and operators of critical infrastructure, 

7 shall, to the extent practicable, conduct research and de8 velopment to mitigate the consequences of EM threats. 

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 EM 

13 threats. 

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

16 that are at risk from EM threats. 

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 which shall include a review of the feasibility of— 

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

24 of the electrical grid from the main electrical 

25 grid; and 

mstockstill on DSK4VPTVN1PROD with BILLS

5 

•S 1846 IS

1 ‘‘(B) training utility and transmission op2 erators to deactivate transmission lines within 

3 seconds of an event constituting an EM threat. 

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

5 available to improve the resiliency of critical infra6 structure to EM threats, which shall include an 

7 analysis of neutral current blocking devices that may 

8 protect high-voltage transmission lines. 

9 ‘‘(5) The restoration and recovery capabilities 

10 of critical infrastructure under differing levels of 

11 damage and disruption from various EM threats. 

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

13 alert system to inform electric grid operators and 

14 other stakeholders within milliseconds of a high-alti15 tude nuclear explosion.’’; and 

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

17 at the end the following: 

18 ‘‘SEC. 526. NATIONAL PLANNING FRAMEWORKS AND EDU19 CATION. 

20 ‘‘The Secretary, acting through the Under Secretary 

21 for the National Protection and Programs Directorate, 

22 shall, to the extent practicable— 

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

24 frameworks; and 

mstockstill on DSK4VPTVN1PROD with BILLS

6 

•S 1846 IS

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

2 operators of critical infrastructure, emergency plan3 ners, and emergency response providers at all levels 

4 of government regarding EM threats.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

7 Homeland Security Act of 2002 is amended— 

8 (A) by inserting after the item relating to 

9 section 317 the following: 

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

10 and 

11 (B) by inserting after the item relating to 

12 section 525 the following: 

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

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

14 Act of 2002 (6 U.S.C. 311(13)) is amended by strik15 ing ‘‘section 101(11)(B)’’ and inserting ‘‘section 

16 101(12)(B)’’. 

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

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

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

20 and inserting ‘‘section 2 of the Homeland Security 

21 Act of 2002 (6 U.S.C. 101)’’. 

22 (c) DEADLINE FOR INITIAL RECOMMENDED STRAT23 EGY.—Not later than 1 year after the date of enactment 

24 of this Act, the Secretary of Homeland Security shall submstockstill on DSK4VPTVN1PROD with BILLS

7 

•S 1846 IS

1 mit the recommended strategy required under paragraph 

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

3 2002 (6 U.S.C. 121(d)), as added by this Act. 

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

5 of enactment of this Act, the Secretary of Homeland Secu6 rity shall submit to Congress a report describing the 

7 progress made in, and an estimated date by which the De8 partment of Homeland Security will have completed— 

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

10 2 of the Homeland Security Act of 2002, as amend11 ed by this Act) in national planning frameworks; 

12 (2) research and development described in sec13 tion 318 of the Homeland Security Act of 2002, as 

14 added by this Act; 

15 (3) development of the recommended strategy 

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

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

18 121(d)), as added by this Act; and 

19 (4) beginning to conduct outreach to educate 

20 emergency planners and emergency response pro21 viders at all levels of government regarding EM 

22 threat events. 

mstockstill on DSK4VPTVN1PROD with BILLS

8 

•S 1846 IS

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. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS