Critical Infrastructure Protection Act

Bill: 114-hr-1073
Sponsor: full_name: Rep. Franks, Trent [R-AZ-8]
Introduced: 2015-02-25
Policy area: Emergency Management
Subjects: Astronomy

Congressional oversight

Electric power generation and transmission

Emergency planning and evacuation

Government studies and investigations

Homeland security

Natural disasters

Research and development

Terrorism
Latest action: action_date: 2015-11-17
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2015-02-25
action_desc: Introduced in House
text: <p><strong>Critical Infrastructure Protection Act or CIPA</strong></p> <p> Amends the Homeland Security Act of 2002 to require the Department of Homeland Security (DHS) to: (1) include EM threats in national planning scenarios; and (2) conduct a campaign to proactively educate owners and operators of critical infrastructure, emergency planners, and emergency responders at all levels of government about EM threats. Defines &quot;EM threat&quot; to mean an electromagnetic pulse caused by: (1) a nuclear or non-nuclear device, including by an act of terrorism; or (2) a geomagnetic disturbance or other naturally occurring phenomenon.</p> <p>Directs DHS to conduct research and development to mitigate the consequences of EM threats, including: (1) an objective scientific analysis of the risks to critical infrastructures from a range of EM threats; (2) determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EM threats; (3) an evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack; (4) an analysis of available technology options to improve the resiliency of critical infrastructure to EM threats; and (5) the restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EM threats.</p> <p>Includes among the responsibilities of DHS, relating to intelligence and analysis and infrastructure protection, to prepare and submit to specified congressional committees: (1) a comprehensive plan to protect and prepare the critical infrastructure of the American homeland against EM threats, including from acts of terrorism; and (2) biennial updates of such plan. </p>

action_date: 2015-08-04
action_desc: Reported to House with amendment(s)
text: <p><strong>Critical Infrastructure Protection Act or CIPA</strong></p> <p> (Sec. 2) Amends the Homeland Security Act of 2002 to define &quot;EMP&quot; to mean: (1) an electromagnetic pulse caused by intentional means, including acts of terrorism; and (2) a geomagnetic disturbance caused by solar storms or other naturally occurring phenomena.</p> <p>Directs DHS to: (1) include in national planning frameworks the threat of EMP events; and (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers of the threat of EMP events.</p> <p>Directs DHS to conduct research and development to mitigate the consequences of EMP events, including: (1) an objective scientific analysis of the risks to critical infrastructures from a range of EMP events; (2) determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events; (3) an evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack; (4) an analysis of available technology options to improve the resiliency of critical infrastructure to EMP; and (5) the restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events.</p> <p>Includes among the responsibilities of DHS relating to intelligence and analysis and infrastructure protection, to prepare and submit to specified congressional committees: (1) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, and (2) biennial updates on the status of such strategy. </p> <p>Requires DHS to report within 180 days after enactment of this Act on the progress made in meeting, and on an estimated date for completing, the requirements set forth under this Act.</p>  <p>

action_date: 2015-11-16
action_desc: Passed House amended
text: <p>(This measure has not been amended since it was reported to the House on August 4, 2015. The summary of that version is repeated here.)</p> <p><strong>Critical Infrastructure Protection Act or CIPA</strong></p> <p> (Sec. 2) Amends the Homeland Security Act of 2002 to define &quot;EMP&quot; to mean: (1) an electromagnetic pulse caused by intentional means, including acts of terrorism; and (2) a geomagnetic disturbance caused by solar storms or other naturally occurring phenomena.</p> <p>Directs DHS to: (1) include in national planning frameworks the threat of EMP events; and (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers of the threat of EMP events.</p> <p>Directs DHS to conduct research and development to mitigate the consequences of EMP events, including: (1) an objective scientific analysis of the risks to critical infrastructures from a range of EMP events; (2) determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events; (3) an evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack; (4) an analysis of available technology options to improve the resiliency of critical infrastructure to EMP; and (5) the restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events.</p> <p>Includes among the responsibilities of DHS relating to intelligence and analysis and infrastructure protection, to prepare and submit to specified congressional committees: (1) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, and (2) biennial updates on the status of such strategy. </p> <p>Requires DHS to report within 180 days after enactment of this Act on the progress made in meeting, and on an estimated date for completing, the requirements set forth under this Act. </p>

tv_txt: I 114th CONGRESS 1st Session H. R. 1073 IN THE HOUSE OF REPRESENTATIVES February 25, 2015 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 threats, and for other purposes.

1. Short title This Act may be cited as the Critical Infrastructure Protection Act or the CIPA . 2. EMP planning, research and development, and protection and preparedness (a) In general The Homeland Security Act of 2002 ( 6 U.S.C. 121 ) is amended— (1) in section 2 ( 6 U.S.C. 101 ), by inserting after paragraph (6) the following: (6a) EM threat The term EM threat means an electromagnetic pulse caused by— (A) a nuclear device or nonnuclear device, including such a pulse caused by an act of terrorism; or (B) a geomagnetic disturbance or other naturally occurring phenomenon. ; (2) in title V ( 6 U.S.C. 311 et seq. ), by adding at the end the following: 526. National planning scenarios and education The Secretary, acting through the Assistant Secretary of the National Protection and Programs Directorate, shall— (1) include EM threats in national planning scenarios; and (2) conduct a campaign to proactively educate owners and operators of critical infrastructure, emergency planners, and emergency responders at all levels of government of EM threats. ; (3) in title III ( 6 U.S.C. 181 et seq. ), by adding at the end of the following: 318. EM threat research and development (a) In general In furtherance of domestic preparedness and response, the Secretary, acting through the Under Secretary for Science and Technology, and in consultation with other relevant agencies and departments of the Federal Government and relevant owners and operators of critical infrastructure, shall conduct research and development to mitigate the consequences of EM threats. (b) Scope The scope of the research and development under subsection (a) shall include the following: (1) An objective scientific analysis of the risks to critical infrastructures from a range of EM threats. (2) Determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EM threats. (3) An evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack. (4) An analysis of technology options that are available to improve the resiliency of critical infrastructure to EM threats. (5) The restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EM threats. ; and (4) in section 201(d) ( 6 U.S.C. 121(d) ), by adding at the end the following: (26) (A) Prepare and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate— (i) a comprehensive plan to protect and prepare the critical infrastructure of the American homeland against EM threats, including from acts of terrorism; and (ii) biennial updates of such plan. (B) The comprehensive plan shall— (i) be based on findings of the research and development conducted under section 318; (ii) be developed in consultation with the relevant Federal sector-specific agencies (as defined under Homeland Security Presidential Directive–7) for critical infrastructures; (iii) be developed in consultation with the relevant sector coordinating councils for critical infrastructures; and (iv) include a classified annex. . (b) Clerical amendments The table of contents in section 1(b) of such Act is amended— (1) by adding at the end of the items relating to title V the following: Sec. 526. National planning scenarios and education. ; and (2) by adding at the end of the items relating to title III the following: Sec. 318. EMP research and development. . (c) Deadline for initial plan The Secretary of Homeland Security shall submit the comprehensive plan required under the amendment made by subsection (a)(4) by not later than one year after the date of the enactment of this Act. (d) Report The Secretary shall submit a report to Congress by not later than 180 days after the date of the enactment of this Act describing the progress made in, and an estimated date by which the Department of Homeland Security will have completed— (1) including EM threats (as defined in the amendment made by subsection (a)(1)) in national planning scenarios; (2) research and development described in the amendment made by subsection (a)(3); (3) development of the comprehensive plan required under the amendment made by subsection (a)(4); and (4) beginning a campaign to proactively educate emergency planners and emergency responders at all levels of government regarding EM threat events. 3. No regulatory authority Nothing in this Act, including the amendments made by this Act, shall be construed to grant any regulatory authority. 4. No new authorization of appropriations This Act, including the amendments made by this Act, may be carried out only by using funds appropriated under the authority of other laws.

tv_txt: IB Union Calendar No. 181 114th CONGRESS 1st Session H. R. 1073 [Report No. 114–240] IN THE HOUSE OF REPRESENTATIVES February 25, 2015 Mr. Franks of Arizona (for himself and Mr. Sessions ) introduced the following bill; which was referred to the Committee on Homeland Security August 4, 2015 Additional sponsors: Mr. DeSantis , Mr. Kline , Mr. Stewart , Mr. Pittenger , Mr. Wilson of South Carolina , Mr. Chabot , Mr. Fincher , Mr. Babin , Mr. Cook , Mr. Lamborn , Mr. Duncan of Tennessee , Mr. Weber of Texas , Mr. Roe of Tennessee , Mr. Schweikert , Mrs. Blackburn , Mr. Garamendi , Mrs. Hartzler , and Mr. King of Iowa August 4, 2015 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on February 25, 2015 A BILL To amend the Homeland Security Act of 2002 to secure critical infrastructure against electromagnetic threats, and for other purposes.

1. Short title This Act may be cited as the Critical Infrastructure Protection Act or CIPA . 2. EMP planning, research and development, and protection and preparedness (a) In general The Homeland Security Act of 2002 ( 6 U.S.C. 121 ) is amended— (1) in section 2 ( 6 U.S.C. 101 ), by inserting after paragraph (6) the following: (6a) EMP The term EMP means— (A) an electromagnetic pulse caused by intentional means, including acts of terrorism; and (B) a geomagnetic disturbance caused by solar storms or other naturally occurring phenomena. ; (2) in title V ( 6 U.S.C. 311 et seq. ), by adding at the end the following: 526. National planning frameworks and education The Secretary, or the Secretary’s designee, shall, to the extent practicable— (1) include in national planning frameworks the threat of EMP events; and (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers at all levels of government of the threat of EMP events. ; (3) in title III ( 6 U.S.C. 181 et seq. ), by adding at the end of the following: 318. EMP research and development (a) In general In furtherance of domestic preparedness and response, the Secretary, acting through the Under Secretary for Science and Technology, and in consultation with other relevant agencies and departments of the Federal Government and relevant owners and operators of critical infrastructure, shall, to the extent practicable, conduct research and development to mitigate the consequences of EMP events. (b) Scope The scope of the research and development under subsection (a) shall include the following: (1) An objective scientific analysis of the risks to critical infrastructures from a range of EMP events. (2) Determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events. (3) An evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack. (4) An analysis of technology options that are available to improve the resiliency of critical infrastructure to EMP. (5) The restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events. ; and (4) in section 201(d) ( 6 U.S.C. 121(d) ), by adding at the end the following: (26) (A) Prepare and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate— (i) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, including from acts of terrorism; and (ii) biennial updates on the status of the recommended strategy. (B) The recommended strategy shall— (i) be based on findings of the research and development conducted under section 318; (ii) be developed in consultation with the relevant Federal sector-specific agencies (as defined under Homeland Security Presidential Directive–7) for critical infrastructures; (iii) be developed in consultation with the relevant sector coordinating councils for critical infrastructures; and (iv) include a classified annex as needed. (C) The Secretary may, if appropriate, incorporate the recommended strategy into a broader recommendation developed by the Department to help protect and prepare critical infrastructure from terrorism and other threats if, as incorporated, the strategy complies with subparagraph (B). . (b) Clerical amendments The table of contents in section 1(b) of such Act is amended— (1) by adding at the end of the items relating to title V the following: Sec. 526. National planning frameworks and education. ; and (2) by adding at the end of the items relating to title III the following: Sec. 318. EMP research and development. . (c) Deadline for recommended strategy The Secretary of Homeland Security shall submit the recommended strategy required under the amendment made by subsection (a)(4) by not later than one year after the date of the enactment of this Act. (d) Report The Secretary shall submit a report to Congress by not later than 180 days after the date of the enactment of this Act describing the progress made in, and an estimated date by which the Department of Homeland Security will have completed— (1) including EMP (as defined in the amendment made by subsection (a)(1)) threats in national planning frameworks; (2) research and development described in the amendment made by subsection (a)(3); (3) development of the comprehensive plan required under the amendment made by subsection (a)(4); and (4) outreach to educate owners and operators of critical infrastructure, emergency planners and emergency response providers at all levels of government regarding the threat of EMP events. 3. No regulatory authority Nothing in this Act, including the amendments made by this Act, shall be construed to grant any regulatory authority. 4. No new authorization of appropriations This Act, including the amendments made by this Act, may be carried out only by using funds appropriated under the authority of other laws.

August 4, 2015 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: I 114th CONGRESS 1st Session H. R. 1073 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Homeland Security Act of 2002 to secure critical infrastructure against electromagnetic threats, and for other purposes.

1. Short title This Act may be cited as the Critical Infrastructure Protection Act or the CIPA . 2. EMP planning, research and development, and protection and preparedness (a) In general The Homeland Security Act of 2002 ( 6 U.S.C. 121 ) is amended— (1) in section 2 ( 6 U.S.C. 101 ), by inserting after paragraph (6) the following: (6a) EMP The term EMP means— (A) an electromagnetic pulse caused by intentional means, including acts of terrorism; and (B) a geomagnetic disturbance caused by solar storms or other naturally occurring phenomena. ; (2) in title V ( 6 U.S.C. 311 et seq. ), by adding at the end the following: 526. National planning frameworks and education The Secretary, or the Secretary’s designee, shall, to the extent practicable— (1) include in national planning frameworks the threat of EMP events; and (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers at all levels of government of the threat of EMP events. ; (3) in title III ( 6 U.S.C. 181 et seq. ), by adding at the end of the following: 318. EMP research and development (a) In general In furtherance of domestic preparedness and response, the Secretary, acting through the Under Secretary for Science and Technology, and in consultation with other relevant agencies and departments of the Federal Government and relevant owners and operators of critical infrastructure, shall, to the extent practicable, conduct research and development to mitigate the consequences of EMP events. (b) Scope The scope of the research and development under subsection (a) shall include the following: (1) An objective scientific analysis of the risks to critical infrastructures from a range of EMP events. (2) Determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events. (3) An evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack. (4) An analysis of technology options that are available to improve the resiliency of critical infrastructure to EMP. (5) The restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events. ; and (4) in section 201(d) ( 6 U.S.C. 121(d) ), by adding at the end the following: (26) (A) Prepare and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate— (i) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, including from acts of terrorism; and (ii) biennial updates on the status of the recommended strategy. (B) The recommended strategy shall— (i) be based on findings of the research and development conducted under section 318; (ii) be developed in consultation with the relevant Federal sector-specific agencies (as defined under Homeland Security Presidential Directive–7) for critical infrastructures; (iii) be developed in consultation with the relevant sector coordinating councils for critical infrastructures; and (iv) include a classified annex as needed. (C) The Secretary may, if appropriate, incorporate the recommended strategy into a broader recommendation developed by the Department to help protect and prepare critical infrastructure from terrorism and other threats if, as incorporated, the strategy complies with subparagraph (B). . (b) Clerical amendments The table of contents in section 1(b) of such Act is amended— (1) by adding at the end of the items relating to title V the following: Sec. 526. National planning frameworks and education. ; and (2) by adding at the end of the items relating to title III the following: Sec. 318. EMP research and development. . (c) Deadline for recommended strategy The Secretary of Homeland Security shall submit the recommended strategy required under the amendment made by subsection (a)(4) by not later than 1 year after the date of the enactment of this Act. (d) Report The Secretary shall submit a report to Congress by not later than 180 days after the date of the enactment of this Act describing the progress made in, and an estimated date by which the Department of Homeland Security will have completed— (1) including EMP (as defined in the amendment made by subsection (a)(1)) threats in national planning frameworks; (2) research and development described in the amendment made by subsection (a)(3); (3) development of the comprehensive plan required under the amendment made by subsection (a)(4); and (4) outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers at all levels of government regarding the threat of EMP events. 3. No regulatory authority Nothing in this Act, including the amendments made by this Act, shall be construed to grant any regulatory authority. 4. No new authorization of appropriations This Act, including the amendments made by this Act, may be carried out only by using funds appropriated under the authority of other laws.

Passed the House of Representatives November 16, 2015. Karen L. Haas, Clerk.

tv_txt: IIB 114th CONGRESS 1st Session H. R. 1073 IN THE SENATE OF THE UNITED STATES November 17, 2015 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 threats, and for other purposes.

1. Short title This Act may be cited as the Critical Infrastructure Protection Act or the CIPA . 2. EMP planning, research and development, and protection and preparedness (a) In general The Homeland Security Act of 2002 ( 6 U.S.C. 121 ) is amended— (1) in section 2 ( 6 U.S.C. 101 ), by inserting after paragraph (6) the following: (6a) EMP The term EMP means— (A) an electromagnetic pulse caused by intentional means, including acts of terrorism; and (B) a geomagnetic disturbance caused by solar storms or other naturally occurring phenomena. ; (2) in title V ( 6 U.S.C. 311 et seq. ), by adding at the end the following: 526. National planning frameworks and education The Secretary, or the Secretary’s designee, shall, to the extent practicable— (1) include in national planning frameworks the threat of EMP events; and (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers at all levels of government of the threat of EMP events. ; (3) in title III ( 6 U.S.C. 181 et seq. ), by adding at the end of the following: 318. EMP research and development (a) In general In furtherance of domestic preparedness and response, the Secretary, acting through the Under Secretary for Science and Technology, and in consultation with other relevant agencies and departments of the Federal Government and relevant owners and operators of critical infrastructure, shall, to the extent practicable, conduct research and development to mitigate the consequences of EMP events. (b) Scope The scope of the research and development under subsection (a) shall include the following: (1) An objective scientific analysis of the risks to critical infrastructures from a range of EMP events. (2) Determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events. (3) An evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack. (4) An analysis of technology options that are available to improve the resiliency of critical infrastructure to EMP. (5) The restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events. ; and (4) in section 201(d) ( 6 U.S.C. 121(d) ), by adding at the end the following: (26) (A) Prepare and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate— (i) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, including from acts of terrorism; and (ii) biennial updates on the status of the recommended strategy. (B) The recommended strategy shall— (i) be based on findings of the research and development conducted under section 318; (ii) be developed in consultation with the relevant Federal sector-specific agencies (as defined under Homeland Security Presidential Directive–7) for critical infrastructures; (iii) be developed in consultation with the relevant sector coordinating councils for critical infrastructures; and (iv) include a classified annex as needed. (C) The Secretary may, if appropriate, incorporate the recommended strategy into a broader recommendation developed by the Department to help protect and prepare critical infrastructure from terrorism and other threats if, as incorporated, the strategy complies with subparagraph (B). . (b) Clerical amendments The table of contents in section 1(b) of such Act is amended— (1) by adding at the end of the items relating to title V the following: Sec. 526. National planning frameworks and education. ; and (2) by adding at the end of the items relating to title III the following: Sec. 318. EMP research and development. . (c) Deadline for recommended strategy The Secretary of Homeland Security shall submit the recommended strategy required under the amendment made by subsection (a)(4) by not later than 1 year after the date of the enactment of this Act. (d) Report The Secretary shall submit a report to Congress by not later than 180 days after the date of the enactment of this Act describing the progress made in, and an estimated date by which the Department of Homeland Security will have completed— (1) including EMP (as defined in the amendment made by subsection (a)(1)) threats in national planning frameworks; (2) research and development described in the amendment made by subsection (a)(3); (3) development of the comprehensive plan required under the amendment made by subsection (a)(4); and (4) outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers at all levels of government regarding the threat of EMP events. 3. No regulatory authority Nothing in this Act, including the amendments made by this Act, shall be construed to grant any regulatory authority. 4. No new authorization of appropriations This Act, including the amendments made by this Act, may be carried out only by using funds appropriated under the authority of other laws.

Passed the House of Representatives November 16, 2015. Karen L. Haas, Clerk