117th CONGRESS 2d Session |
To establish an interagency committee on global catastrophic risk, and for other purposes.
June 23, 2022
Mr. Portman (for himself and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
To establish an interagency committee on global catastrophic risk, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Global Catastrophic Risk Management Act of 2022”.
In this Act:
(1) BASIC NEED.—The term “basic need”—
(A) means any good, service, or activity necessary to protect the health, safety, and general welfare of the civilian population of the United States; and
(i) food;
(ii) water;
(iii) shelter;
(iv) basic communication services; and
(v) public safety.
(2) CATASTROPHIC INCIDENT.—The term “catastrophic incident” means an incident, whether caused by human or natural events, in which multiple levels of United States critical infrastructure are destroyed, damaged or interrupted in sufficient magnitude to threaten the health, safety, or general welfare of the civilian population of the United States.
(3) COMMITTEE.—The term “committee” means the interagency committee on global catastrophic risk established under section 3.
(4) CRITICAL INFRASTRUCTURE.—The term “critical infrastructure” has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)).
(5) EXISTENTIAL RISK.—The term “existential risk” means the risk of human extinction.
(6) GLOBAL CATASTROPHIC RISK.—The term “global catastrophic risk” means the risk of events or incidents consequential enough to significantly harm, set back, or destroy human civilization at the global scale.
(7) GLOBAL CATASTROPHIC AND EXISTENTIAL THREATS.—The term “global catastrophic and existential threats” means those threats that with varying likelihood can produce consequences severe enough to result in significant harm or destruction of human civilization at the global scale, or lead to human extinction. Examples of global catastrophic and existential threats include severe global pandemics, nuclear war, asteroid and comet impacts, supervolcanoes, sudden and severe changes to the climate, and intentional or accidental threats arising from the use and development of emerging technologies.
(8) NATIONAL EXERCISE.—The term “national exercise” means a national exercise described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)).
(9) TRIBAL GOVERNMENT.—The term “Tribal government” means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
SEC. 3. Interagency committee on global catastrophic risk.
(a) Establishment.—Not later than 90 days after the date of enactment of this Act, the President shall establish an interagency committee on global catastrophic risk.
(b) Membership.—The committee shall include senior representatives of—
(1) the Assistant to the President for National Security Affairs;
(2) the Director of the Office of Science and Technology Policy;
(3) the Director of National Intelligence and the Director of the National Intelligence Council;
(4) the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency;
(5) the Secretary of State and the Under Secretary of State for Arms Control and International Security;
(6) the Attorney General and the Director of the Federal Bureau of Investigation;
(7) the Secretary of Energy, the Under Secretary of Energy for Nuclear Security, and the Director of Science;
(8) the Secretary of Health and Human Services and the Assistant Secretary for Preparedness and Response;
(9) the Secretary of Commerce, the Under Secretary of Commerce for Oceans and Atmosphere, and the Under Secretary of Commerce for Standards and Technology;
(10) the Secretary of the Interior and the Director of the United States Geological Survey;
(11) the Administrator of the Environmental Protection Agency;
(12) the Administrator of the National Aeronautics and Space Administration;
(13) the Director of the National Science Foundation;
(14) the Secretary of the Treasury;
(15) the Chair of the Board of Governors of the Federal Reserve System;
(16) the Secretary of Defense; and
(17) other stakeholders the President determines appropriate.
(c) Chairmanship.—The committee shall be co-chaired by a senior representative of the President and the Deputy Administrator of the Federal Emergency Management Agency for Resilience.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the President, with support from the committee, shall conduct and submit to Congress a detailed assessment of global catastrophic and existential risk.
(b) Matters covered.—The report required under subsection (a) shall include—
(1) expert estimates of cumulative global catastrophic and existential risk in the next 30 years, including separate estimates for the likelihood of occurrence and potential consequences;
(2) expert-informed analyses of the risk of the most concerning specific global catastrophic and existential threats, including separate estimates, where reasonably feasible and credible, of each threat for its likelihood of occurrence and its potential consequences, as well as associated uncertainties;
(3) a comprehensive list of potential catastrophic or existential threats, including even those that may have very low likelihood;
(4) technical assessments and lay explanations of the analyzed global catastrophic and existential risks, including their qualitative character and key factors affecting their likelihood of occurrence and potential consequences;
(5) an explanation of any factors that limit the ability of the President to assess the risk both cumulatively and for particular threats, and how those limitations may be overcome through future research or with additional resources, programs, or authorities;
(6) a review of the effectiveness of intelligence collection, early warning and detection systems, or other functions and programs necessary to evaluate the risk of particular global catastrophic and existential threats, if any exist and as applicable for particular threats;
(7) a forecast of if and why global catastrophic and existential risk is likely to increase or decrease significantly in the next 30 years, both qualitatively and quantitatively, as well as a description of associated uncertainties;
(8) proposals for how the Federal Government may more adequately assess global catastrophic and existential risk on an ongoing basis in future years;
(9) recommendations for legislative actions, as appropriate, to support the evaluation and assessment of global catastrophic and existential risk; and
(10) other matters deemed appropriate by the President.
(c) Consultation requirement.—In producing the report required under subsection (a), the President shall regularly consult with experts on global catastrophic and existential risks, including from non-governmental, academic, and private sector institutions.
(d) Form.—The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
SEC. 5. Report on continuity of operations and continuity of government planning.
(a) In general.—Not later than 180 days after the submission of the report required under section 4, the President shall produce a report on the adequacy of continuity of operations and continuity of government plans based on the assessed global catastrophic and existential risk.
(b) Matters covered.—The report required under subsection (a) shall include—
(1) a detailed assessment of the ability of continuity of government and continuity of operations plans and programs, as defined by Executive Order 13961, Presidential Policy Directive–40, or successor policies, to maintain national essential functions following global catastrophes, both cumulatively and for particular threats;
(2) an assessment of the need to revise Executive Order 13961, Presidential Policy Directive–40, or successor policies to account for global catastrophic and existential risk cumulatively or for particular threats;
(3) a budget proposal for continuity of government and continuity of operations programs necessary to adequately maintain national essential functions during global catastrophes;
(4) recommendations for legislative actions necessary to improve continuity of government and continuity of operations plans and programs; and
(5) other matters deemed appropriate by the co-chairs.
(c) Form.—The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
SEC. 6. Strategy to ensure the health, safety, and general welfare of the civilian population of the united states.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the President, with support from the committee, shall develop and submit to the appropriate committees of Congress a strategy to—
(1) provide for the basic needs of the civilian population of the United States that is impacted by catastrophic incidents in the United States;
(2) coordinate response efforts with State and local governments, the private sector, and nonprofit relief organizations;
(3) promote personal and local readiness and non-reliance on government relief during periods of heightened tension or after catastrophic incidents; and
(4) develop international partnerships with allied nations for the provision of relief services and goods.
(b) Elements of the strategy.—The strategy developed under subsection (a) shall include a description of—
(1) actions the President will take to ensure the basic needs of the civilian population of the United States in a catastrophic incident are met;
(2) how the President will coordinate with non-Federal entities to multiply resources and enhance relief capabilities, including—
(A) State and local governments;
(B) Tribal governments;
(C) State disaster relief agencies;
(D) State and local disaster relief managers;
(E) State National Guards;
(F) law enforcement and first response entities; and
(G) nonprofit relief services;
(3) actions the President will take to enhance individual resiliency to the effects of a catastrophic incident, which actions shall include—
(A) readiness alerts to the public during periods of elevated threat;
(B) efforts to enhance domestic supply and availability of critical goods and basic necessities; and
(C) information campaigns to ensure the public is aware of response plans and services that will be activated when necessary;
(4) efforts the President will undertake and agreements the President will seek with international allies to enhance the readiness of the United States to provide for the general welfare;
(5) how the strategic plan will be implemented should multiple levels of critical infrastructure be destroyed or taken offline entirely for an extended period of time;
(6) how the strategic plan will be made operational within the larger response strategy of the United States; and
(7) the authorities the President would implicate in responding to a catastrophic incident.
(c) Assumptions.—In designing the strategy under subsection (a), the President shall account for certain factors to make the strategy operationally viable, including the assumption that—
(1) multiple levels of critical infrastructure have been taken offline or destroyed by catastrophic incidents or the effects of catastrophic incidents;
(A) the transportation sector;
(B) the communication sector;
(C) the energy sector;
(D) the healthcare and public health sector;
(E) the water and wastewater sector; and
(F) the financial sector;
(3) State and local governments have been equally affected or made largely inoperable by catastrophic incidents or the effects of catastrophic incidents;
(4) the emergency has exceeded the response capabilities of State and local governments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and other relevant disaster response laws; and
(5) the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident.
(d) Existing plans.—The President may incorporate existing contingency plans in the strategy developed under subsection (a) so long as those contingency plans are amended to be operational in accordance with the requirements under this section.
(e) Availability.—The strategy developed under subsection (a) shall be available to the public but may include a classified, or other restricted, annex to be made available to the appropriate committees of Congress and appropriate government entities.
Not later than 90 days after the issuance of the strategy required under section 6, the President shall issue a plan to implement and operationalize the strategy, which shall include—
(1) steps the President will take to prepare implicated entities for mobilization under the strategy; and
(2) specific actions the President will take to—
(A) ensure the continued readiness of the United States to implement the strategy;
(B) educate the public on the strategy and the role individual citizens should play to ensure the objectives of the strategy are met;
(C) ensure the objectives of the strategy are met; and
(D) ensure foreign adversaries are not able to undermine the operationalization of the strategy.
SEC. 8. National response exercise.
(a) In general.—Not later than 1 year after the issuance of the implementation plan required under section 7, the Department of Homeland Security shall lead a national exercise, in coordination with the committee, to test and enhance the operationalization of the implementation plan.
(b) Requirements.—A national exercise conducted under this section shall include participation from most or all entities implicated by the strategy required under section 4, including:
(1) State, local, and Tribal governments.
(2) Information sharing and analysis centers.
(3) Owners and operators of critical infrastructure.
(a) In general.—The President shall provide recommendations to Congress for—
(1) actions that should be taken to prepare the United States to implement the strategy required under section 6, increase readiness, and address preparedness gaps for responding to the impacts of catastrophic incidents on citizens of the United States; and
(2) additional authorities that should be considered for Federal agencies and the President to more effectively implement the strategy required under section 6.
(b) Inclusion in reports.—The President may include the recommendations required under subsection (a) in a report submitted under section 10.
SEC. 10. Reporting requirements.
Not later than 1 year after the date on which Department of Homeland Security leads the national exercise under section 8, the President shall submit to Congress a report that includes—
(1) a description of the efforts of the President to develop and update the strategy required under section 6;
(2) a description of the efforts of the President to develop and update the implementation plan required under section 7; and
(3) an analysis of the effectiveness and benefit of the national exercise conducted under section 8.