6 USC 195f - EMP and GMD mitigation research and development and threat assessment, response, and recovery

U.S Code last checked for updates: Apr 23, 2024

§ 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— 1

 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.)

cite as: 6 USC 195f