[House Report 114-240]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-240
======================================================================
CRITICAL INFRASTRUCTURE PROTECTION ACT
_______
August 4, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Homeland Security, submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1073]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1073) to amend the Homeland Security Act of 2002
to secure critical infrastructure against electromagnetic
threats, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................3
Background and Need for Legislation.............................3
Hearings........................................................4
Committee Consideration.........................................4
Committee Votes.................................................5
Committee Oversight Findings....................................5
New Budget Authority, Entitlement Authority, and Tax Expenditure5
Congressional Budget Office Estimate............................5
Statement of General Performance Goals and Objectives...........6
Duplicative Federal Programs....................................6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits........................................................6
Federal Mandates Statement......................................6
Preemption Clarification........................................6
Advisory Committee Statement....................................6
Applicability to Legislative Branch.............................7
Section-by-Section Analysis of the Legislation..................7
Changes in Existing Law Made by the Bill, as Reported...........9
Additional Views...............................................19
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Infrastructure Protection
Act'' or ``CIPA''.
SEC. 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:
``SEC. 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:
``SEC. 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.
SEC. 3. NO REGULATORY AUTHORITY.
Nothing in this Act, including the amendments made by this Act, shall
be construed to grant any regulatory authority.
SEC. 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.
Purpose and Summary
The purpose of H.R. 1073 is to amend the Homeland Security
Act of 2002 to secure critical infrastructure against
electromagnetic threats, and for other purposes.
Background and Need for Legislation
The Department of Homeland Security (DHS) has a
responsibility to assess critical infrastructure resilience to
a variety of threats, both man-made and natural. The mission of
DHS is to ensure ``a homeland that is safe, secure, and
resilient against terrorism and other hazards.'' The threat of
electromagnetic pulses (EMP), whether due to a nuclear weapon
or solar flares, represents another high-consequence, low-
probability threat, which has had little attention from the
Department.
This measure requires the Secretary to assess both EMP
threats in the context of other threat to determine the
research and development needs to mitigate the threat and
consequences of EMP events, develop strategic guidance for the
Department, and conduct outreach to educate owners and
operators of the critical infrastructure, emergency planners,
and emergency response providers regarding the threat of EMP
events.
Prior Legislation
In the 113th Congress, the Committee on Homeland Security
considered H.R. 3410, the Critical Infrastructure Protection
Act. The House passed H.R. 3410 under Suspension of the Rules
on December 1, 2014, and the measure was referred to the Senate
Committee on Homeland Security and Governmental Affairs.
Hearings
112th Congress
On September 12, 2012, the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies held a
hearing entitled ``The EMP Threat: Examining the
Consequences.'' The Subcommittee received testimony from Hon.
Trent Franks, a Representative in Congress from the 2nd
District of Arizona; Mr.Joseph McClelland, Director, Office of
Electric Reliability, Federal Energy Regulatory Commission;
Mr.Brandon Wales, Director, Homeland Infrastructure Threat and
Risk Analysis Center, Department of Homeland Security;
Mr.Michael A. Aimone, Director, Business Enterprise
Integration, Office of the Deputy Undersecretary of Defense for
Installations and Environment, Office of Undersecretary of
Defense for Acquisition, Technology, and Logistics, Department
of Defense; and Dr. Chris Beck, President, Electric
Infrastructure Security Council.
113th Congress
On May 8, 2014, the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies held a
hearing entitled ``Electromagnetic Pulse (EMP): Threat to
Critical Infrastructure.'' The Subcommittee received testimony
from Hon. Trent Franks, a Representative in Congress from the
Eighth District of Arizona; Dr. Peter Vincent Pry,
Congressional EMP Commission, Congressional Strategic Posture
Commission, Executive Director of the Task Force on National
and Homeland Security; Dr. Michael J. Frankel, Senior
Scientist, Penn State University, Applied Research Laboratory;
and Dr. Chris Beck, Vice President, Policy and Strategic
Initiatives, Electric Infrastructure Security Council.
Committee Consideration
The Committee met on June 23, 2015, to consider H.R. 1073,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote. The Committee
took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
Perry (#1); was AGREED TO, as amended, by voice vote.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Thompson of Mississippi (#1) consisting of an
amendment by Mr. Payne; was AGREED TO by voice vote.
Page 2, line 1, strike ``Scenarios'' and insert ``Frameworks''.
Page 2, line 3, insert ``or the Secretary's designee'' after
``Secretary''.
Page 2, line 4, strike ``national planning scenarios'' and insert
``national planning frameworks''.
Page 2, line 8, strike ``responders'' and insert ``response
providers''.
Page 4, after line 23, strike ``scenarios'' and insert
``frameworks''.
Page 5, line 15, strike ``scenarios'' and insert ``frameworks''.
Page 5, line 23, strike ``responders'' and insert ``response
providers''
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 1073.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
1073, the Critical Infrastructure Protection Act, would result
in no new or increased budget authority, entitlement authority,
or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 13, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1073, the Critical
Infrastructure Protection Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
H.R. 1073--Critical Infrastructure Protection Act
H.R. 1073 would require the Department of Homeland Security
(DHS) to undertake research and planning activities to mitigate
the potential consequences of electromagnetic pulses--resulting
from either intentional acts or natural causes--on critical
infrastructure, such as public utilities and national security
assets. The department is currently carrying out programs
similar to those required by the bill, and CBO estimates that
implementing H.R. 1073 would not significantly affect spending
by DHS. Because enacting the legislation would not affect
direct spending or revenues, pay-as-you-go procedures do not
apply.
H.R. 1073 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 1073 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The Committee expects DHS to provide an appropriate
assessment of the threat of electromagnetic pulse (EMP) events
and to include such assessment in national planning scenarios.
DHS shall develop a campaign to proactively educate owners and
operators of critical infrastructure, emergency planners, and
emergency responders at all levels of government of the threat
of EMP events. The Committee expects DHS to conduct research
and development to mitigate the consequences of EMP events and
develop a comprehensive plan relating to intelligence and
analysis to protect and prepare the critical infrastructure
against EMP events
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 1073 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 1073 does
not preempt any State, local, or Tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that bill may be cited as the
``Critical Infrastructure Protection Act'' or ``CIPA''.
Section 2. EMP Planning, Research and Development, and Protection and
Preparedness.
This section amends section 2 of the Homeland Security Act
of 2002 to define EMP as: (a) an electromagnetic pulse caused
by intentional means, including acts of terrorism, (b) a
geomagnetic disturbance caused by solar storms or other
naturally occurring phenomena.
The committee is aware of the concerns of industry in the
possible confusion between pulses caused by intentional means,
such as a high altitude nuclear weapon detonation, and those
caused by natural phenomena such as solar storms. The magnitude
and the temporal duration of the energy released are very
different. Electromagnetic pulses caused by nuclear yield has a
different waveform, typically described in the literature as
E1, E2, and E3 forms, than the electromagnetic pulses caused by
a geomagnetic disturbance, though we note that the later-time
E3 of a nuclear generated pulse have many characteristics
similar to the pulses caused by a geomagnetic disturbance. The
intent of this definition is to keep these electromagnetic
pulse initiating events distinct and separate, as well as the
resulting impact on critical infrastructure such as the
electric power grid. Regardless of the source event (nuclear
yield or GMD), the Department of Homeland Security is to assess
both types of events and the electromagnetic pulses generated,
determine their impact to potential disturbances or outages to
critical infrastructure, and suggest possible ways to mitigate
these effects.
This section amends title V to require the Secretary to
include the threat of EMP events in national planning
frameworks and conduct outreach to educate critical
infrastructure owners and operators, emergency planners, and
emergency responders at all levels of government of the threat
of EMP events.
This section amends title III of the Homeland Security Act
of 2002 to require the Undersecretary of Science and Technology
to conduct research and development to mitigate the
consequences of EMP events. The research and development must
include an objective scientific analysis of the risks to
critical infrastructures from a range of EMP events; a
determination of the national security assets and civic
utilities and infrastructures at risk from EMP events; an
evaluation of emergency planning and response technologies that
would address the findings and recommendations of experts; an
analysis of technology options available to improve the
resiliency of critical infrastructure to EMP; and the
restoration and recovery capabilities of critical
infrastructure under differing levels of damage and disruption
from various EMP events.
This section amends section 201(d) by requiring a strategy
to protect and prepare the critical infrastructure against EMP
events. The strategy must be updated biennially. The strategy
will be based on findings of the research and development
conducted in title III; be developed in consultation with
relevant Federal sector-specific agencies for critical
infrastructures; be developed in consultation with the relevant
sector coordinating councils; and include a classified annex as
needed. The Secretary may incorporate the strategy into a
broader recommendation to help protect and prepare critical
infrastructure from terrorism and other threats. The strategy
is due one year from the date of enactment.
This section requires the Secretary to report to Congress
within 180 days of enactment on the progress made on the new
requirements in this bill.
Section 3. No Regulatory Authority.
Consistent with Section 3, which provides that nothing in
this Act shall be construed to grant any regulatory authority,
the intent of the Committee is that the recommended strategy
shall apply solely to planning, research and development, and
other internal activities or recommendations of the Department,
and should not be used or construed in a manner that would have
the effect of imposing requirements or standards, either
directly or indirectly, on the private sector.
Section 4. No New Authorization of Appropriations.
This section requires the Act to be carried out only by
using funds appropriated under the authority of other laws.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
Sec. 318. EMP research and development.
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
Sec. 526. National planning frameworks and education.
* * * * * * *
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Each of the terms ``American homeland'' and
``homeland'' means the United States.
(2) The term ``appropriate congressional committee''
means any committee of the House of Representatives or
the Senate having legislative or oversight jurisdiction
under the Rules of the House of Representatives or the
Senate, respectively, over the matter concerned.
(3) The term ``assets'' includes contracts,
facilities, property, records, unobligated or
unexpended balances of appropriations, and other funds
or resources (other than personnel).
(4) The term ``critical infrastructure'' has the
meaning given that term in section 1016(e) of Public
Law 107-56 (42 U.S.C. 5195c(e)).
(5) The term ``Department'' means the Department of
Homeland Security.
(6) The term ``emergency response providers''
includes Federal, State, and local governmental and
nongovernmental emergency public safety, fire, law
enforcement, emergency response, emergency medical
(including hospital emergency facilities), and related
personnel, agencies, and authorities.
(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.
(7) The term ``executive agency'' means an executive
agency and a military department, as defined,
respectively, in sections 105 and 102 of title 5,
United States Code.
(8) The term ``functions'' includes authorities,
powers, rights, privileges, immunities, programs,
projects, activities, duties, and responsibilities.
(9) The term ``intelligence component of the
Department'' means any element or entity of the
Department that collects, gathers, processes, analyzes,
produces, or disseminates intelligence information
within the scope of the information sharing
environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, or national intelligence, as defined under
section 3(5) of the National Security Act of 1947 (50
U.S.C. 401a(5)), except--
(A) the United States Secret Service; and
(B) the Coast Guard, when operating under the
direct authority of the Secretary of Defense or
Secretary of the Navy pursuant to section 3 of
title 14, United States Code, except that
nothing in this paragraph shall affect or
diminish the authority and responsibilities of
the Commandant of the Coast Guard to command or
control the Coast Guard as an armed force or
the authority of the Director of National
Intelligence with respect to the Coast Guard as
an element of the intelligence community (as
defined under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
(10) The term ``key resources'' means publicly or
privately controlled resources essential to the minimal
operations of the economy and government.
(11) The term ``local government'' means--
(A) a county, municipality, city, town,
township, local public authority, school
district, special district, intrastate
district, council of governments (regardless of
whether the council of governments is
incorporated as a nonprofit corporation under
State law), regional or interstate government
entity, or agency or instrumentality of a local
government;
(B) an Indian tribe or authorized tribal
organization, or in Alaska a Native village or
Alaska Regional Native Corporation; and
(C) a rural community, unincorporated town or
village, or other public entity.
(12) The term ``major disaster'' has the meaning
given in section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122).
(13) The term ``personnel'' means officers and
employees.
(14) The term ``Secretary'' means the Secretary of
Homeland Security.
(15) The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and
any possession of the United States.
(16) The term ``terrorism'' means any activity that--
(A) involves an act that--
(i) is dangerous to human life or
potentially destructive of critical
infrastructure or key resources; and
(ii) is a violation of the criminal
laws of the United States or of any
State or other subdivision of the
United States; and
(B) appears to be intended--
(i) to intimidate or coerce a
civilian population;
(ii) to influence the policy of a
government by intimidation or coercion;
or
(iii) to affect the conduct of a
government by mass destruction,
assassination, or kidnapping.
(17)(A) The term ``United States'', when used in a
geographic sense, means any State of the United States,
the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, any
possession of the United States, and any waters within
the jurisdiction of the United States.
(B) Nothing in this paragraph or any other provision
of this Act shall be construed to modify the definition
of ``United States'' for the purposes of the
Immigration and Nationality Act or any other
immigration or nationality law.
(18) The term ``voluntary preparedness standards''
means a common set of criteria for preparedness,
disaster management, emergency management, and business
continuity programs, such as the American National
Standards Institute's National Fire Protection
Association Standard on Disaster/Emergency Management
and Business Continuity Programs (ANSI/NFPA 1600).
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information
SEC. 201. INFORMATION AND ANALYSIS AND INFRASTRUCTURE PROTECTION.
(a) Intelligence and Analysis and Infrastructure
Protection.--There shall be in the Department an Office of
Intelligence and Analysis and an Office of Infrastructure
Protection.
(b) Under Secretary for Intelligence and Analysis and
Assistant Secretary for Infrastructure Protection.--
(1) Office of intelligence and analysis.--The Office
of Intelligence and Analysis shall be headed by an
Under Secretary for Intelligence and Analysis, who
shall be appointed by the President, by and with the
advice and consent of the Senate.
(2) Chief intelligence officer.--The Under Secretary
for Intelligence and Analysis shall serve as the Chief
Intelligence Officer of the Department.
(3) Office of infrastructure protection.--The Office
of Infrastructure Protection shall be headed by an
Assistant Secretary for Infrastructure Protection, who
shall be appointed by the President.
(c) Discharge of Responsibilities.--The Secretary shall
ensure that the responsibilities of the Department relating to
information analysis and infrastructure protection, including
those described in subsection (d), are carried out through the
Under Secretary for Intelligence and Analysis or the Assistant
Secretary for Infrastructure Protection, as appropriate.
(d) Responsibilities of Secretary Relating To Intelligence
and Analysis and Infrastructure Protection.--The
responsibilities of the Secretary relating to intelligence and
analysis and infrastructure protection shall be as follows:
(1) To access, receive, and analyze law enforcement
information, intelligence information, and other
information from agencies of the Federal Government,
State and local government agencies (including law
enforcement agencies), and private sector entities, and
to integrate such information, in support of the
mission responsibilities of the Department and the
functions of the National Counterterrorism Center
established under section 119 of the National Security
Act of 1947 (50 U.S.C. 404o), in order to--
(A) identify and assess the nature and scope
of terrorist threats to the homeland;
(B) detect and identify threats of terrorism
against the United States; and
(C) understand such threats in light of
actual and potential vulnerabilities of the
homeland.
(2) To carry out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure of the United States, including the
performance of risk assessments to determine the risks
posed by particular types of terrorist attacks within
the United States (including an assessment of the
probability of success of such attacks and the
feasibility and potential efficacy of various
countermeasures to such attacks).
(3) To integrate relevant information, analysis, and
vulnerability assessments (regardless of whether such
information, analysis or assessments are provided by or
produced by the Department) in order to--
(A) identify priorities for protective and
support measures regarding terrorist and other
threats to homeland security by the Department,
other agencies of the Federal Government,
State, and local government agencies and
authorities, the private sector, and other
entities; and
(B) prepare finished intelligence and
information products in both classified and
unclassified formats, as appropriate, whenever
reasonably expected to be of benefit to a
State, local, or tribal government (including a
State, local, or tribal law enforcement agency)
or a private sector entity.
(4) To ensure, pursuant to section 202, the timely
and efficient access by the Department to all
information necessary to discharge the responsibilities
under this section, including obtaining such
information from other agencies of the Federal
Government.
(5) To develop a comprehensive national plan for
securing the key resources and critical infrastructure
of the United States, including power production,
generation, and distribution systems, information
technology and telecommunications systems (including
satellites), electronic financial and property record
storage and transmission systems, emergency
preparedness communications systems, and the physical
and technological assets that support such systems.
(6) To recommend measures necessary to protect the
key resources and critical infrastructure of the United
States in coordination with other agencies of the
Federal Government and in cooperation with State and
local government agencies and authorities, the private
sector, and other entities.
(7) To review, analyze, and make recommendations for
improvements to the policies and procedures governing
the sharing of information within the scope of the
information sharing environment established under
section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485), including
homeland security information, terrorism information,
and weapons of mass destruction information, and any
policies, guidelines, procedures, instructions, or
standards established under that section.
(8) To disseminate, as appropriate, information
analyzed by the Department within the Department, to
other agencies of the Federal Government with
responsibilities relating to homeland security, and to
agencies of State and local governments and private
sector entities with such responsibilities in order to
assist in the deterrence, prevention, preemption of, or
response to, terrorist attacks against the United
States.
(9) To consult with the Director of National
Intelligence and other appropriate intelligence, law
enforcement, or other elements of the Federal
Government to establish collection priorities and
strategies for information, including law enforcement-
related information, relating to threats of terrorism
against the United States through such means as the
representation of the Department in discussions
regarding requirements and priorities in the collection
of such information.
(10) To consult with State and local governments and
private sector entities to ensure appropriate exchanges
of information, including law enforcement-related
information, relating to threats of terrorism against
the United States.
(11) To ensure that--
(A) any material received pursuant to this
Act is protected from unauthorized disclosure
and handled and used only for the performance
of official duties; and
(B) any intelligence information under this
Act is shared, retained, and disseminated
consistent with the authority of the Director
of National Intelligence to protect
intelligence sources and methods under the
National Security Act of 1947 (50 U.S.C. 401 et
seq.) and related procedures and, as
appropriate, similar authorities of the
Attorney General concerning sensitive law
enforcement information.
(12) To request additional information from other
agencies of the Federal Government, State and local
government agencies, and the private sector relating to
threats of terrorism in the United States, or relating
to other areas of responsibility assigned by the
Secretary, including the entry into cooperative
agreements through the Secretary to obtain such
information.
(13) To establish and utilize, in conjunction with
the chief information officer of the Department, a
secure communications and information technology
infrastructure, including data-mining and other
advanced analytical tools, in order to access, receive,
and analyze data and information in furtherance of the
responsibilities under this section, and to disseminate
information acquired and analyzed by the Department, as
appropriate.
(14) To ensure, in conjunction with the chief
information officer of the Department, that any
information databases and analytical tools developed or
utilized by the Department--
(A) are compatible with one another and with
relevant information databases of other
agencies of the Federal Government; and
(B) treat information in such databases in a
manner that complies with applicable Federal
law on privacy.
(15) To coordinate training and other support to the
elements and personnel of the Department, other
agencies of the Federal Government, and State and local
governments that provide information to the Department,
or are consumers of information provided by the
Department, in order to facilitate the identification
and sharing of information revealed in their ordinary
duties and the optimal utilization of information
received from the Department.
(16) To coordinate with elements of the intelligence
community and with Federal, State, and local law
enforcement agencies, and the private sector, as
appropriate.
(17) To provide intelligence and information analysis
and support to other elements of the Department.
(18) To coordinate and enhance integration among the
intelligence components of the Department, including
through strategic oversight of the intelligence
activities of such components.
(19) To establish the intelligence collection,
processing, analysis, and dissemination priorities,
policies, processes, standards, guidelines, and
procedures for the intelligence components of the
Department, consistent with any directions from the
President and, as applicable, the Director of National
Intelligence.
(20) To establish a structure and process to support
the missions and goals of the intelligence components
of the Department.
(21) To ensure that, whenever possible, the
Department--
(A) produces and disseminates unclassified
reports and analytic products based on open-
source information; and
(B) produces and disseminates such reports
and analytic products contemporaneously with
reports or analytic products concerning the
same or similar information that the Department
produced and disseminated in a classified
format.
(22) To establish within the Office of Intelligence
and Analysis an internal continuity of operations plan.
(23) Based on intelligence priorities set by the
President, and guidance from the Secretary and, as
appropriate, the Director of National Intelligence--
(A) to provide to the heads of each
intelligence component of the Department
guidance for developing the budget pertaining
to the activities of such component; and
(B) to present to the Secretary a
recommendation for a consolidated budget for
the intelligence components of the Department,
together with any comments from the heads of
such components.
(24) To perform such other duties relating to such
responsibilities as the Secretary may provide.
(25) To prepare and submit to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security in the
House of Representatives, and to other appropriate
congressional committees having jurisdiction over the
critical infrastructure or key resources, for each
sector identified in the National Infrastructure
Protection Plan, a report on the comprehensive
assessments carried out by the Secretary of the
critical infrastructure and key resources of the United
States, evaluating threat, vulnerability, and
consequence, as required under this subsection. Each
such report--
(A) shall contain, if applicable, actions or
countermeasures recommended or taken by the
Secretary or the head of another Federal agency
to address issues identified in the
assessments;
(B) shall be required for fiscal year 2007
and each subsequent fiscal year and shall be
submitted not later than 35 days after the last
day of the fiscal year covered by the report;
and
(C) may be classified.
(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).
(e) Staff.--
(1) In general.--The Secretary shall provide the
Office of Intelligence and Analysis and the Office of
Infrastructure Protection with a staff of analysts
having appropriate expertise and experience to assist
such offices in discharging responsibilities under this
section.
(2) Private sector analysts.--Analysts under this
subsection may include analysts from the private
sector.
(3) Security clearances.--Analysts under this
subsection shall possess security clearances
appropriate for their work under this section.
(f) Detail of Personnel.--
(1) In general.--In order to assist the Office of
Intelligence and Analysis and the Office of
Infrastructure Protection in discharging
responsibilities under this section, personnel of the
agencies referred to in paragraph (2) may be detailed
to the Department for the performance of analytic
functions and related duties.
(2) Covered agencies.--The agencies referred to in
this paragraph are as follows:
(A) The Department of State.
(B) The Central Intelligence Agency.
(C) The Federal Bureau of Investigation.
(D) The National Security Agency.
(E) The National Geospatial-Intelligence
Agency.
(F) The Defense Intelligence Agency.
(G) Any other agency of the Federal
Government that the President considers
appropriate.
(3) Cooperative agreements.--The Secretary and the
head of the agency concerned may enter into cooperative
agreements for the purpose of detailing personnel under
this subsection.
(4) Basis.--The detail of personnel under this
subsection may be on a reimbursable or non-reimbursable
basis.
(g) Functions Transferred.--In accordance with title XV,
there shall be transferred to the Secretary, for assignment to
the Office of Intelligence and Analysis and the Office of
Infrastructure Protection under this section, the functions,
personnel, assets, and liabilities of the following:
(1) The National Infrastructure Protection Center of
the Federal Bureau of Investigation (other than the
Computer Investigations and Operations Section),
including the functions of the Attorney General
relating thereto.
(2) The National Communications System of the
Department of Defense, including the functions of the
Secretary of Defense relating thereto.
(3) The Critical Infrastructure Assurance Office of
the Department of Commerce, including the functions of
the Secretary of Commerce relating thereto.
(4) The National Infrastructure Simulation and
Analysis Center of the Department of Energy and the
energy security and assurance program and activities of
the Department, including the functions of the
Secretary of Energy relating thereto.
(5) The Federal Computer Incident Response Center of
the General Services Administration, including the
functions of the Administrator of General Services
relating thereto.
* * * * * * *
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
* * * * * * *
SEC. 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.
* * * * * * *
TITLE V--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
SEC. 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.
* * * * * * *
ADDITIONAL VIEW OF RANKING MEMBER BENNIE G. THOMPSON
I am writing to associate myself with the views of many
industry stakeholders on a core aspect of the bill--the
definition of electromagnetic pulse.
While I am pleased that the report acknowledges industry
concerns, I am disappointed that the bill does not distinguish
an electromagnetic pulse (EMP) from a geomagnetic disturbance
(GMD). An EMP event is manmade and expected to impact all
microprocessors. A GMD is naturally-occurring and expected to
impact primarily bulk power and communication systems.
Unfortunately, the definition in the bill merges and
conflates the two. The definition has broad ramifications on
how DHS uses its limited resources to carry out the new
mandates under the bill. As a result of this conflation, DHS
will now have to research, strategize, and develop educational
materials on two very different low-probability threats that
inherently demand radically different mitigation and response
strategies.
Bennie G. Thompson,
Ranking Member.
[all]