§ 195f. EMP and GMD mitigation research and development and threat assessment, response, and recovery

§ 195f. EMP and GMD mitigation research and development and threat assessment, response, and recovery

(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 executive agencies, relevant State, local, and tribal governments, and relevant owners and operators of critical infrastructure, shall, to the extent practicable, conduct research and development to mitigate the consequences of threats of EMP and GMD.

(b) Scope The scope of the research and development under subsection (a) shall include the following:

(1) An objective scientific analysis—

(A) evaluating the risks to critical infrastructure from a range of threats of EMP and GMD; and

(B) which shall—

(i) be conducted in conjunction with the Office of Intelligence and Analysis; and

(ii) include a review and comparison of the range of threats and hazards facing critical infrastructure of the electrical grid.

(2) Determination of the critical utilities and national security assets and infrastructure that are at risk from threats of EMP and GMD.

(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, which shall include a review of the feasibility of rapidly isolating one or more portions of the electrical grid from the main electrical grid.

(4) An analysis of technology options that are available to improve the resiliency of critical infrastructure to threats of EMP and GMD, including an analysis of neutral current blocking devices that may protect high-voltage transmission lines.

(5) The restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various threats of EMP and GMD, as informed by the objective scientific analysis conducted under paragraph (1).

(6) An analysis of the feasibility of a real-time alert system to inform electrical grid operators and other stakeholders within milliseconds of a high-altitude nuclear explosion.

(c) Exemption from disclosure

(1) Information shared with the Federal Government Section 673 of this title, and any regulations issued pursuant to such section, shall apply to any information shared with the Federal Government under this section.

(2) Information shared by the Federal Government Information shared by the Federal Government with a State, local, or tribal government under this section shall be exempt from disclosure under any provision of State, local, or tribal freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring the disclosure of information or records.

(d) Threat assessment, response, and recovery

(1) 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 Administrator of the Federal Emergency Management Agency 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) to the extent practicable, incorporate events that include EMPs and extreme GMDs as a factor in preparedness scenarios and exercises.

(ii) Implementation The Administrator of the Federal Emergency Management Agency, in coordination with the Director of the Cybersecurity and Infrastructure Security 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 Administrator of the Federal Emergency Management Agency, in coordination with relevant stakeholders, shall maintain a network of systems, such as the alerting capabilities of the integrated public alert and warning system authorized under section 321o of this title, 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 Administrator of the Federal Emergency Management Agency, shall brief the appropriate congressional committees regarding the maintenance of systems, including the alerting capabilities of the integrated public alert and warning system authorized under section 321o of this title.

(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 four 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 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.

(2) Coordination

(A) Report on technological options Not later than December 21, 2020, and every four 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.

(3) 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 Transportation and Infrastructure, the Committee on Homeland Security, the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Science, Space and Technology 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.

(C) The term “Sector Risk Management Agency” has the meaning given that term in section 650 of this title.

(e) Rule of construction Nothing in this section may be construe— 11 So in original. Probably should be “construed—”.

(1) to affect in any manner the authority of the executive branch to implement Executive Order 13865, dated March 26, 2019, and entitled “Coordinating National Resilience to Electromagnetic Pulses”, or any other authority existing on the day before December 20, 2019, of any other component of the Department or any other Federal department or agency, including the authority provided to the Sector Risk Management 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 824o of title 16, and including the authority of independent agencies to be independent; or

(2) as diminishing or transferring any authorities vested in the Administrator of the Federal Emergency Management Agency or in the Agency prior to December 20, 2019.

(Pub. L. 107–296, title III, § 320, formerly § 319, as added Pub. L. 114–328, div. A, title XIX, § 1913(a)(3), Dec. 23, 2016, 130 Stat. 2685; renumbered § 320 and amended Pub. L. 115–278, § 2(g)(3)(B), (C), Nov. 16, 2018, 132 Stat. 4178; Pub. L. 116–92, div. A, title XVII, § 1740(a)(1), Dec. 20, 2019, 133 Stat. 1821; Pub. L. 116–283, div. H, title XC, § 9002(c)(2)(A), Jan. 1, 2021, 134 Stat. 4772; Pub. L. 117–263, div. G, title LXXI, § 7143(b)(2)(A), Dec. 23, 2022, 136 Stat. 3659.)

Editorial Notes

References in Text

Executive Order 13865, referred to in subsec. (e)(1), is Ex. Ord. No. 13865, Mar. 26, 2019, 84 F.R. 12041, which is set out as a note under this section.

Section 61003(c) of division F of the Fixing America’s Surface Transportation Act, referred to in subsec. (e)(1), is section 61003(c) of Pub. L. 114–94, div. F, Dec. 4, 2015, 129 Stat. 1778, which is set out as a note under section 121 of this title.

Amendments

2022—Subsec. (d)(3)(C). Pub. L. 117–263 substituted “section 650 of this title” for “section 651 of this title”.

2021—Subsec. (d)(3)(C). Pub. L. 116–283, § 9002(c)(2)(A)(i), substituted “Sector Risk Management Agency” for “Sector-Specific Agency”.

Subsec. (e)(1). Pub. L. 116–283, § 9002(c)(2)(A)(ii), substituted “Sector Risk Management Agency” for “Sector-Specific Agency”.

2019—Pub. L. 116–92, § 1740(a)(1)(A), inserted “and threat assessment, response, and recovery” after “development” in section catchline.

Subsecs. (d), (e). Pub. L. 116–92, § 1740(a)(1)(B), added subsecs. (d) and (e).

2018—Subsec. (c)(1). Pub. L. 115–278, § 2(g)(3)(C), substituted “Section 673 of this title” for “Section 133 of this title”.

Statutory Notes and Related Subsidiaries

Benchmarks; Definitions

Pub. L. 116–92, div. A, title XVII, § 1740(d), (h), Dec. 20, 2019, 133 Stat. 1824, 1825, provided that: “(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. “(h) Definitions.—In this section [amending this section and section 347 of this title and enacting this note and provisions not set out in the Code]:“(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 [6 U.S.C. 195f(d)], as added by subsection (a) 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).”

Executive Documents

Ex. Ord. No. 13865. Coordinating National Resilience to Electromagnetic Pulses

Ex. Ord. No. 13865, Mar. 26, 2019, 84 F.R. 12041, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Purpose. An electromagnetic pulse (EMP) has the potential to disrupt, degrade, and damage technology and critical infrastructure systems. Human-made or naturally occurring EMPs can affect large geographic areas, disrupting elements critical to the Nation’s security and economic prosperity, and could adversely affect global commerce and stability. The Federal Government must foster sustainable, efficient, and cost-effective approaches to improving the Nation’s resilience to the effects of EMPs.

Sec. 2. Definitions. As used in this order:

(a) “Critical infrastructure” means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.

(b) “Electromagnetic pulse” is a burst of electromagnetic energy. EMPs have the potential to negatively affect technology systems on Earth and in space. A high-altitude EMP (HEMP) is a type of human-made EMP that occurs when a nuclear device is detonated at approximately 40 kilometers or more above the surface of Earth. A geomagnetic disturbance (GMD) is a type of natural EMP driven by a temporary disturbance of Earth’s magnetic field resulting from interactions with solar eruptions. Both HEMPs and GMDs can affect large geographic areas.

(c) “National Critical Functions” means the functions of government and the private sector so vital to the United States that their disruption, corruption, or dysfunction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof.

(d) “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 that adversely affects the performance of Government.

(e) “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 Nation. These terms include the prediction and notification of impending EMPs.

(f) A “Sector-Specific Agency” (SSA) is the Federal department or agency that is responsible for providing institutional knowledge and specialized expertise as well as leading, facilitating, or supporting the security and resilience programs and associated activities of its designated critical infrastructure sector in the all-hazards environment. The SSAs are those identified in Presidential Policy Directive 21 of February 12, 2013 (Critical Infrastructure Security and Resilience).