ADVANCE Act

I 116TH CONGRESS 2D SESSION H. R. 8622 To direct the Secretary of Homeland Security to establish national hazard preparation and response exercises, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 16, 2020 Ms. SPANBERGER (for herself and Mr. KATKO) introduced the following bill; which was referred to the Committee on Transportation and Infrastruc- ture, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To direct the Secretary of Homeland Security to establish national hazard preparation and response exercises, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Analyzing Disaster 4 Vulnerabilities and Applicable National Capabilities for 5 Emergencies Act’’ or the ‘‘ADVANCE Act’’. 6 VerDate Sep 11 2014 19:12 Nov 06, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8622.IH H8622 2 •HR 8622 IH SEC. 2. NATIONAL HAZARD PREPARATION AND RESPONSE 1 EXERCISES. 2 (a) REQUIREMENT.—Not later than 180 days after 3 the date of the enactment of this Act and not less fre- 4 quently than twice every year thereafter, the Secretary, 5 in coordination with the Secretary of Energy, shall con- 6 duct an exercise to test the modeling, simulation, and 7 analysis capabilities and their utility for emergency re- 8 sponse of the United States with respect to significant nat- 9 ural disasters or public health emergencies impacting crit- 10 ical infrastructure. 11 (b) PLANNING AND PREPARATION.—Each exercise 12 under paragraph (1) shall be coordinated through NISAC 13 and the National Laboratories. 14 (c) PARTICIPANTS.— 15 (1) FEDERAL GOVERNMENT PARTICIPANTS.— 16 The following shall participate in each exercise 17 under subsection (a): 18 (A) Relevant interagency partners, as de- 19 termined by the Secretary. 20 (B) Senior leader representatives from sec- 21 tor-specific agencies, as determined by the Sec- 22 retary. 23 (2) STATE AND LOCAL GOVERNMENTS.—The 24 Secretary shall invite representatives from State and 25 local governments to participate in the exercises 26 VerDate Sep 11 2014 23:30 Nov 03, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8622.IH H8622 3 •HR 8622 IH under subsection (a) if the Secretary determines 1 such participation to be appropriate. 2 (d) ELEMENTS.—Each exercise under subsection (a) 3 shall include the following elements: 4 (1) Testing the capability of NISAC to perform 5 modeling, simulation, and analysis to inform the sig- 6 nificant natural disaster and public health emer- 7 gency response of the United States with respect to 8 impact on critical infrastructure, including the out- 9 break of infectious diseases, extreme weather events, 10 or the overlapping combination of such outbreak or 11 such weather event. 12 (2) Testing of the relevant policy, guidance, and 13 doctrine. 14 (3) Testing of the information-sharing needs 15 and systems. 16 (4) Testing the coordination between Federal, 17 State, and local governments. 18 (e) REPORT.— 19 (1) IN GENERAL.—Not later than 60 days after 20 the date on which each exercise under subsection (a) 21 is conducted, the Secretary shall submit to the ap- 22 propriate congressional committees a report on each 23 such exercise. 24 VerDate Sep 11 2014 23:30 Nov 03, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8622.IH H8622 4 •HR 8622 IH (2) MATTERS INCLUDED.—The report required 1 under paragraph (1) shall include information relat- 2 ing to the following: 3 (A) A list of the entities participating in 4 an exercise required under subsection (a). 5 (B) An assessment of overall performance 6 during such an exercise. 7 (C) A description of lessons learned from 8 such an exercise, including— 9 (i) gaps and limitations that require 10 improvement; and 11 (ii) recommendations with respect to 12 planned changes to training. 13 SEC. 3. ANNUAL REPORT TO CONGRESS RELATING TO THE 14 IMPACT OF NATURAL DISASTERS OR PUBLIC 15 HEALTH EMERGENCIES WITH RESPECT TO 16 CRITICAL INFRASTRUCTURE. 17 (a) IN GENERAL.—Not later than 180 days after the 18 date of the enactment of this Act and annually thereafter, 19 the Secretary shall submit to the appropriate congres- 20 sional committees a report describing the impact of nat- 21 ural disasters and public health emergencies with respect 22 to critical infrastructure. 23 VerDate Sep 11 2014 23:30 Nov 03, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8622.IH H8622 5 •HR 8622 IH (b) MATTERS INCLUDED.—The report required 1 under paragraph (1) shall include information relating to 2 the following: 3 (1) An assessment of the most concerning 4 threats to critical infrastructure from natural disas- 5 ters or public health emergencies, including the se- 6 verity and probability of a threat to each critical in- 7 frastructure from each type of natural disaster. 8 (2) An assessment relating to short-term and 9 long-term damage that may result to each critical in- 10 frastructure from each type of natural disaster or 11 public health emergency. 12 (3) A description of the modeling tools and 13 human capacity of NISAC to be utilized to inform 14 emergency preparedness, and any changes to such 15 tools and capacity since the previous report. 16 (4) An assessment of modeling tools that may 17 best inform the Federal Government with respect to 18 cascading effects on infrastructure, transportation, 19 public health, and the economy. 20 (5) Recommendations of modeling, simulation, 21 and training opportunities that may require further 22 investment and maturation with respect to addi- 23 tional consultation and analysis, including— 24 (A) DHS-CISA-NRMC and peer review; 25 VerDate Sep 11 2014 23:30 Nov 03, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8622.IH H8622 6 •HR 8622 IH (B) interagency consultation, as appro- 1 priate; 2 (C) cost-effectiveness; and 3 (D) consideration of the tools that can best 4 inform the United States Government under- 5 standing of cascading effects on infrastructure, 6 transportation, the economy, and public health. 7 SEC. 4. DEFINITIONS. 8 In this Act: 9 (1) APPROPRIATE CONGRESSIONAL COMMIT- 10 TEES.—The term ‘‘appropriate congressional com- 11 mittees’’ means— 12 (A) the Committee on Homeland Security, 13 the Committee on Energy and Commerce, the 14 Committee on Science, Space, and Technology, 15 and the Committee on Transportation and In- 16 frastructure of the House of Representatives; 17 and 18 (B) the Committee on Homeland Security 19 and Governmental Affairs, the Committee on 20 Energy and Natural Resources, the Committee 21 on Commerce, Science, and Transportation, and 22 the Committee on Environment and Public 23 Works of the Senate. 24 VerDate Sep 11 2014 23:30 Nov 03, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8622.IH H8622 7 •HR 8622 IH (2) CISA.—The term ‘‘CISA’’ means the Cy- 1 bersecurity and Infrastructure Security Agency of 2 the Department of Homeland Security. 3 (3) CRITICAL INFRASTRUCTURE.—The term 4 ‘‘critical infrastructure’’ has the meaning given that 5 term in section 5195c(e) of title 42, United States 6 Code. 7 (4) DHS.—The term ‘‘DHS’’ means the De- 8 partment of Homeland Security. 9 (5) NATIONAL LABORATORIES.—The term ‘‘Na- 10 tional Laboratories’’ means the United States De- 11 partment of Energy National Laboratories and 12 Technology Centers. 13 (6) NISAC.—The term ‘‘NISAC’’ means the 14 National Infrastructure Simulation and Analysis 15 Center. 16 (7) NRMC.—The term ‘‘NRMC’’ means the 17 National Risk Management Center of the Cybersecu- 18 rity and Infrastructure Security Agency. 19 (8) SECRETARY.—The term ‘‘Secretary’’ means 20 the Secretary of Homeland Security. 21 (9) SECTOR-SPECIFIC AGENCY.—The term ‘‘sec- 22 tor-specific agency’’ has the meaning given the term 23 ‘‘Sector-Specific Agency’’ in section 2201 of the 24 Homeland Security Act of 2002 (6 U.S.C. 651). 25 VerDate Sep 11 2014 23:30 Nov 03, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8622.IH H8622 8 •HR 8622 IH (10) STATE.—The term ‘‘State’’ has the mean- 1 ing given the term in section 311 of title 5, United 2 States Code. 3 Æ VerDate Sep 11 2014 23:30 Nov 03, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H8622.IH H8622