II 117th CONGRESS 2d Session S. 4888 IN THE SENATE OF THE UNITED STATES September 20, 2022 Mr. Cornyn (for himself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the President to supplement disaster response plans to account for catastrophic incidents disabling 1 or more critical infrastructure sectors or significantly disrupting the critical functions of modern society, and for other purposes.

1. Short title This Act may be cited as the Keeping Everyone Safe and Securing Lives by Emergency Readiness Act or the KESSLER Act . 2. Findings Congress finds that— (1) the integration of connected technologies has become essential to the operation of modern critical infrastructure; (2) reliance on connected technologies and interoperability across critical infrastructure sectors create new vulnerabilities that may be used against the United States; (3) adversaries of the United States have targeted critical infrastructure and are likely to increase attacks on essential services in the United States should global conflicts escalate; (4) while strong defenses and mitigation measures are essential to the safety of the United States, no strategy can stop all catastrophic events; (5) the Federal Government must prepare Federal, State, and local governments, along with the people of the United States, to promote the general welfare of the civilian population of the United States even if most or all critical infrastructure sectors are impacted by catastrophic events; and (6) such preparations must include coordination with State, local, and Tribal governments, private sector entities, and individual citizens. 3. Definitions In this Act: (1) Basic need The term basic need — (A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and (B) includes— (i) food; (ii) water; (iii) shelter; (iv) basic communication services; (v) basic sanitation and health services; and (vi) public safety. (2) Catastrophic incident The term catastrophic incident — (A) means any natural or man-made disaster that results in extraordinary levels of casualties or damage, mass evacuations, or disruption severely affecting the population, infrastructure, environment, economy, national morale, or government functions in an area; and (B) may include an incident— (i) with a sustained national impact over a prolonged period of time; (ii) that may rapidly exceed resources available to State and local government and private sector authorities in the impacted area; or (iii) that may significantly interrupt governmental operations and emergency services to such an extent that national security could be threatened. (3) Critical infrastructure The term critical infrastructure has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (4) National exercise program The term national exercise program means activities carried out to test and evaluate the national preparedness goal and related plans and strategies as described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 748(b) ). (5) Tribal government The term Tribal government means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). 4. Enhanced catastrophic incident annex (a) In general The President, with support from the committee, shall supplement each Federal Interagency Operational Plan to include an annex containing a strategy to ensure the health, safety, and general welfare of the civilian population affected by catastrophic incidents by— (1) providing for the basic needs of the civilian population of the United States that is impacted by catastrophic incidents in the United States; (2) coordinating response efforts with State and local governments, the private sector, and nonprofit relief organizations; (3) promoting personal and local readiness and non-reliance on government relief during periods of heightened tension or after catastrophic incidents; and (4) developing international partnerships with allied nations for the provision of relief services and goods. (b) Elements of the strategy The strategy required under subsection (a) shall include a description of— (1) actions the President will take to ensure the basic needs of the civilian population of the United States in a catastrophic incident are met; (2) how the President will coordinate with non-Federal entities to multiply resources and enhance relief capabilities, including— (A) State and local governments; (B) Tribal governments; (C) State disaster relief agencies; (D) State and local disaster relief managers; (E) State National Guards; (F) law enforcement and first response entities; and (G) nonprofit relief services; (3) actions the President will take to enhance individual resiliency to the effects of a catastrophic incident, which actions shall include— (A) readiness alerts to the public during periods of elevated threat; (B) efforts to enhance domestic supply and availability of critical goods and basic necessities; and (C) information campaigns to ensure the public is aware of response plans and services that will be activated when necessary; (4) efforts the President will undertake and agreements the President will seek with international allies to enhance the readiness of the United States to provide for the general welfare; (5) how the strategy will be implemented should multiple levels of critical infrastructure be destroyed or taken offline entirely for an extended period of time; and (6) the authorities the President would implicate in responding to a catastrophic incident. (c) Assumptions In designing the strategy under subsection (a), the President shall account for certain factors to make the strategy operationally viable, including the assumption that— (1) multiple levels of critical infrastructure have been taken offline or destroyed by catastrophic incidents or the effects of catastrophic incidents; (2) impacted sectors may include— (A) the transportation sector; (B) the communication sector; (C) the energy sector; (D) the healthcare and public health sector; (E) the water and wastewater sector; and (F) the financial sector; (3) State, local, Tribal, and territorial governments have been equally affected or made largely inoperable by catastrophic incidents or the effects of catastrophic incidents; (4) the emergency has exceeded the response capabilities of State and local governments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and other relevant disaster response laws; and (5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident. (d) Existing plans The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section. (e) Availability The strategy developed under subsection (a) shall be available to the public but may include a classified, or other restricted, annex to be made available to the appropriate committees of Congress and appropriate government entities. 5. Validation of the strategy through an exercise Not later than 1 year after the addition of the annex required under section 4, the Department of Homeland Security shall lead an exercise as part of the national exercise program, in coordination with the committee, to test and enhance the operationalization of the strategy. 6. Recommendations (a) In general The President shall provide recommendations to Congress for— (1) actions that should be taken to prepare the United States to implement the strategy required under section 4, increase readiness, and address preparedness gaps for responding to the impacts of catastrophic incidents on citizens of the United States; and (2) additional authorities that should be considered for Federal agencies and the President to more effectively implement the strategy required under section 4. (b) Inclusion in reports The President may include the recommendations required under subsection (a) in a report submitted under section 7. 7. Reporting requirements Not later than 1 year after the date on which the Department of Homeland Security leads the exercise under section 5, the President shall submit to Congress a report that includes— (1) a description of the efforts of the President to develop and update the strategy required under section 4; and (2) an after-action report following the conduct of the exercise described in section 5.