[Pages S3448-S3449]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 391. Mr. JOHNSON (for himself and Mr. Peters) submitted an 
amendment intended to be proposed by him to the bill S. 1790, to 
authorize appropriations for fiscal year 2020 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ELECTROMAGNETIC PULSES AND GEOMAGNETIC 
                   DISTURBANCES.

       (a) Definitions.--In this section--
       (1) the term ``appropriate congressional committees'' has 
     the meaning given that term in subsection (d) of section 320 
     of the Homeland Security Act of 2002, as added by subsection 
     (b) of this section; and
       (2) the terms ``critical infrastructure'', ``EMP'', and 
     ``GMD'' have the meanings given such terms in section 2 of 
     the Homeland Security Act of 2002 (6 U.S.C. 101).
       (b) Homeland Security.--Section 320 of the Homeland 
     Security Act of 2002 (6 U.S.C. 195f) is amended--
       (1) in the section heading, by inserting ``and threat 
     assessment, response, and recovery'' after ``development''; 
     and
       (2) by adding at the end the following:
       ``(d) Threat Assessment, Response, and Recovery.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `appropriate congressional committees' 
     means--
       ``(i) the Committee on Homeland Security and Governmental 
     Affairs, the Committee on Armed Services, the Committee on 
     Energy and Natural Resources, and the Committee on Commerce, 
     Science, and Transportation of the Senate; and
       ``(ii) the Committee on Homeland Security, the Committee on 
     Armed Services, and the Committee on Energy and Commerce of 
     the House of Representatives;
       ``(B) the terms `prepare' and `preparedness' mean the 
     actions taken to plan, organize, equip, train, and exercise 
     to build and sustain the capabilities necessary to prevent, 
     protect against, mitigate the effects of, respond to, and 
     recover from those threats that pose the greatest risk to the 
     security of the homeland, including the prediction and 
     notification of impending EMPs and GMDs; and
       ``(C) the term `Sector-Specific Agency' has the meaning 
     given that term in section 2201.
       ``(2) Roles and responsibilities.--
       ``(A) Distribution of information.--
       ``(i) In general.--Beginning not later than June 19, 2020, 
     the Secretary shall provide timely distribution of 
     information on EMPs and GMDs to Federal, State, and local 
     governments, owners and operators of critical infrastructure, 
     and other persons determined appropriate by the Secretary.
       ``(ii) Briefing.--The Secretary shall brief the appropriate 
     congressional committees on the effectiveness of the 
     distribution of information under clause (i).
       ``(B) Response and recovery.--
       ``(i) In general.--The Secretary shall--

       ``(I) coordinate the response to and recovery from the 
     effects of EMPs and GMDs on critical infrastructure, in 
     coordination with the heads of appropriate Sector-Specific 
     Agencies, and on matters related to the bulk power system, in 
     consultation with the Secretary of Energy and the Federal 
     Energy Regulatory Commission; and
       ``(II) incorporate events that include EMPs and extreme 
     GMDs as a factor in preparedness scenarios and exercises.

       ``(ii) Implementation.--The Secretary and the Administrator 
     of the Federal Emergency Management Agency, and on matters 
     related to the bulk power system, the Secretary of Energy and 
     the Federal Energy Regulatory Commission, shall--

       ``(I) not later than June 19, 2020, develop plans and 
     procedures to coordinate the response to and recovery from 
     EMP and GMD events; and
       ``(II) not later than December 21, 2020, conduct a national 
     exercise to test the preparedness and response of the Nation 
     to the effect of an EMP or extreme GMD event.

       ``(C) Research and development.--
       ``(i) In general.--The Secretary, in coordination with the 
     heads of relevant Sector-Specific Agencies, shall--

       ``(I) without duplication of existing or ongoing efforts, 
     conduct research and development to better understand and 
     more effectively model the effects of EMPs and GMDs on 
     critical infrastructure (which shall not include any system 
     or infrastructure of the Department of Defense or any system 
     or infrastructure of the Department of Energy associated with 
     nuclear weapons activities); and
       ``(II) develop technologies to enhance the resilience of 
     and better protect critical infrastructure.

       ``(ii) Plan.--Not later than March 26, 2020, and in 
     coordination with the heads of relevant Sector-Specific 
     Agencies, the Secretary shall submit to the appropriate 
     congressional committees a research and development action 
     plan to rapidly address modeling shortfall and technology 
     development.
       ``(D) Emergency information system.--
       ``(i) In general.--The Secretary, in coordination with 
     relevant stakeholders, shall implement a network of systems 
     that are capable of providing appropriate emergency 
     information to the public before (if possible), during, and 
     in the aftermath of an EMP or GMD.
       ``(ii) Briefing.--Not later than December 21, 2020, the 
     Secretary, in coordination with the Administrator of the 
     Federal Emergency Management Agency, shall brief the 
     appropriate congressional committees regarding the system 
     required under clause (i).
       ``(E) Quadrennial risk assessments.--
       ``(i) In general.--The Secretary, in coordination with the 
     Secretary of Defense, the Secretary of Energy, and the 
     Secretary of Commerce, and informed by intelligence-based 
     threat assessments, shall conduct a quadrennial EMP and GMD 
     risk assessment.
       ``(ii) Briefings.--Not later than March 26, 2020, and every 
     4 years thereafter until 2032, the Secretary, the Secretary 
     of Defense, the Secretary of Energy, and the Secretary of 
     Commerce shall provide a briefing to the appropriate 
     congressional committees regarding the quadrennial EMP and 
     GMD risk assessment.
       ``(iii) Enhancing resilience.--The Secretary, in 
     coordination with the Secretary of Defense, the Secretary of 
     Energy, the Secretary of Commerce, and the heads of other 
     relevant Sector-Specific Agencies, shall use the results of 
     the quadrennial EMP and GMD

[[Page S3449]]

     risk assessments to better understand and to improve 
     resilience to the effects of EMPs and GMDs across all 
     critical infrastructure sectors, including coordinating the 
     prioritization of critical infrastructure at greatest risk to 
     the effects of EMPs and GMDs.
       ``(3) Coordination.--
       ``(A) Report on technological options.--Not later than 
     December 21, 2020, and every 4 years thereafter until 2032, 
     the Secretary, in coordination with the Secretary of Defense, 
     the Secretary of Energy, the heads of other appropriate 
     agencies, and, as appropriate, private-sector partners, shall 
     submit to the appropriate congressional committees, a report 
     that--
       ``(i) assesses the technological options available to 
     improve the resilience of critical infrastructure to the 
     effects of EMPs and GMDs; and
       ``(ii) identifies gaps in available technologies and 
     opportunities for technological developments to inform 
     research and development activities.
       ``(B) Test data.--
       ``(i) In general.--Not later than December 20, 2020, the 
     Secretary, in coordination with the heads of Sector-Specific 
     Agencies, the Secretary of Defense, and the Secretary of 
     Energy, shall--

       ``(I) review test data regarding the effects of EMPs and 
     GMDs on critical infrastructure systems, networks, and assets 
     representative of those throughout the Nation; and
       ``(II) identify any gaps in the test data.

       ``(ii) Plan.--Not later than 180 days after identifying 
     gaps in test data under clause (i), the Secretary, in 
     coordination with the heads of Sector-Specific Agencies and 
     in consultation with the Secretary of Defense and the 
     Secretary of Energy, shall use the sector partnership 
     structure identified in the National Infrastructure 
     Protection Plan to develop an integrated cross-sector plan to 
     address the identified gaps.
       ``(iii) Implementation.--The heads of each agency 
     identified in the plan developed under clause (ii) shall 
     implement the plan in collaboration with the voluntary 
     efforts of the private sector, as appropriate.
       ``(e) Rule of Construction.--Nothing in this section may be 
     construed to affect in any manner the authority, existing on 
     the day before the date of enactment of this subsection, of 
     any other component of the Department or any other Federal 
     department or agency, including the authority provided to the 
     Sector-Specific Agency specified in section 61003(c) of 
     division F of the Fixing America's Surface Transportation Act 
     (6 U.S.C. 121 note), including the authority under section 
     215 of the Federal Power Act (16 U.S.C. 824o), and including 
     the authority of independent agencies to be independent.''.
       (c) National Essential Functions.--
       (1) Definition.--In this subsection, the term ``national 
     essential functions'' means the overarching responsibilities 
     of the Federal Government to lead and sustain the Nation 
     before, during, and in the aftermath of a catastrophic 
     emergency, such as an EMP or GMD that adversely affects the 
     performance of the Federal Government.
       (2) Updated operational plans.--Not later than March 20, 
     2020, each agency that supports a national essential function 
     shall prepare updated operational plans documenting the 
     procedures and responsibilities of the agency relating to 
     preparing for, protecting against, and mitigating the effects 
     of EMPs and GMDs.
       (d) Benchmarks.--Not later than March 26, 2020, and as 
     appropriate thereafter, the Secretary of Energy, in 
     consultation with the Secretary of Defense, the Secretary of 
     Homeland Security, and, as appropriate, the private sector, 
     may develop or update, as necessary, quantitative and 
     voluntary benchmarks that sufficiently describe the physical 
     characteristics of EMPs, including waveform and intensity, in 
     a form that is useful to and can be shared with owners and 
     operators of critical infrastructure. Nothing in this 
     subsection shall affect the authority of the Electric 
     Reliability Organization to develop and enforce, or the 
     authority of the Federal Energy Regulatory Commission to 
     approve, reliability standards.
       (e) Pilot Test by DHS to Evaluate Engineering Approaches.--
       (1) In general.--Not later than September 22, 2020, the 
     Secretary of Homeland Security, in coordination with the 
     Secretary of Defense and the Secretary of Energy, and in 
     consultation with the private sector, as appropriate, shall 
     develop and implement a pilot test to evaluate available 
     engineering approaches for mitigating the effects of EMPs and 
     GMDs on the most vulnerable critical infrastructure systems, 
     networks, and assets.
       (2) Briefing.--Not later than 90 days after the date on 
     which the pilot test described in paragraph (1) is completed, 
     the Secretary of Homeland Security, in coordination with the 
     Secretary of Defense and the Secretary of Energy, shall 
     jointly brief the appropriate congressional committees on the 
     cost and effectiveness of the evaluated approaches.
       (f) Pilot Test by DOD to Evaluate Engineering Approaches.--
       (1) In general.--Not later than September 22, 2020, the 
     Secretary of Defense, in consultation with the Secretary of 
     Homeland Security and the Secretary of Energy, shall conduct 
     a pilot test to evaluate engineering approaches for hardening 
     a strategic military installation, including infrastructure 
     that is critical to supporting that installation, against the 
     effects of EMPs and GMDs.
       (2) Report.--Not later than 180 days after completing the 
     pilot test described in paragraph (1), the Secretary of 
     Defense shall submit to the appropriate congressional 
     committees a report regarding the cost and effectiveness of 
     the evaluated approaches.
       (g) Communications Operational Plans.--Not later than 
     December 21, 2020, the Secretary of Homeland Security, after 
     holding a series of joint meetings with the Secretary of 
     Defense, the Secretary of Commerce, the Federal 
     Communications Commission, and the Secretary of 
     Transportation shall submit to the appropriate congressional 
     committees a report--
       (1) assessing the effects of EMPs and GMDs on critical 
     communications infrastructure; and
       (2) recommending any necessary changes to operational plans 
     to enhance national response and recovery efforts after an 
     EMP or GMD.
       (h) Technical and Conforming Amendment.--The table of 
     sections in section 1(b) of the Homeland Security Act of 2002 
     is amended by striking the item relating to section 320 and 
     inserting the following:

``Sec. 320. EMP and GMD mitigation research and development and threat 
              assessment, response, and recovery.''.

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