[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4488 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4488
To establish an interagency committee on global catastrophic risk, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
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
_______________________________________________________________________
A BILL
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Catastrophic Risk Management
Act of 2022''.
SEC. 2. DEFINITIONS.
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
(B) includes--
(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.
SEC. 4. REPORT REQUIRED.
(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;
(2) impacted sectors include--
(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.
SEC. 7. IMPLEMENTATION PLAN.
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.
SEC. 9. RECOMMENDATIONS.
(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.
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