N Korea Demand the Wise Honest be Returned

Nah…not gonna happen. Let’s take a deeper dive shall we? First, the cargo ship was seized in April of last year for violating international sanctions. The ship was used to transport North Korean coal and heavy machinery to China and Russia and the money for ship operations were funneled through a few U.S. banks.

Panorama: „Wise Honest“: Beschlagnahmter nordkoreanischer ...

The United States enlisted foreign authorities, in this case Indonesia to seize the ship last year and only in recent weeks did the United States work to take ownership under asset forfeiture laws being controlled by the Southern District of New York. During the ship operations, the crew refused to use AIS since 2017, which is an automatic identification system required by all maritime vessels.

For the criminal complaint, click here.

In this case, the Justice Department found that the vessel’s operator, Korea Songi Shipping Company, conducted over $750,000 worth of payments through unwitting U.S. banks to improve and maintain the ship. The vessel’s operating company is an affiliate of the Korea Songi General Trading Corporation, which Washington sanctioned in 2017 for its involvement in exporting North Korean coal. According to the Treasury Department, North Korea’s military owns this company. Additionally, the department targeted the Wise Honest for helping Pyongyang export coal and import heavy machinery, both of which are UN-sanctioned goods.

In April 2018, the Indonesian government first detained the Wise Honest when authorities observed the ship behaving erratically and then straying into Indonesian waters. Once detained, authorities discovered the vessel loaded with coal from Russia, thereby violating U.S. sanctions. The United States issued a warrant for the Wise Honest in July 2018, and Indonesia subsequently transferred the vessel to U.S. custody.

The Justice Department’s complaint strengthens U.S. leverage for future nuclear talks with Pyongyang by countering Kim’s efforts to intimidate Washington with missile tests. Washington should now bolster U.S. pressure on Pyongyang by addressing other vulnerabilities in the current sanctions regime.

For example, a UN Panel of Experts report assessed in March that financial sanctions against Pyongyang are the “most poorly implemented and actively evaded measures.” Thus, the panel advised member states to enhance financial oversight protocol by mandating stricter reporting measures when offering letters of credit, loans, and other financial transfers.

In the case of the Wise Honest, the Korea Songi Shipping Company made illicit payments through U.S. banks to finance the vessel’s maintenance. This indicates how Pyongygang seeks to evade sanctions even beyond the financial sector. A U.S. application of the UN panel’s recommendation could have a ripple effect, hampering all of North Korea’s sanctions evasion schemes. More details here.

Army’s Wish List Against China/Russia

It appears some real strategic thinking and application is happening here and that is a good thing. These lists for more reconnaissance aircraft is a good thing for sure.

Russia's Hybrid Warfare Strategy • Full Version

U.S. Army leaders revealed Tuesday that they are briefing top military commanders about new weapons being built specifically for “high-intensity conflict” against China and Russia, in a new effort to assure that they could provide vital firepower for those potential battlefields of the future.

Reconnaissance aircraft, team reach milestone > U.S. Air ...

Army Secretary Mark Esper said he wants to shift some money away from vehicles and aircraft more suited for conflicts in Afghanistan and Iraq and into “what I need to penetrate Russian or Chinese air defenses.”

Among the new weapons and technologies he said are critical: long-range artillery, attack and reconnaissance aircraft, air and missile defenses, and command-and-control networks. Esper said the artillery — known as Long-Range Precision Fires — could be used “to hold at bay Chinese ships.”

Army officials recently briefed Adm. Philip Davidson, commander of U.S. Indo-Pacific Command, who oversees all U.S. military personnel in the Asia-Pacific region. This comes as the Army plans to rotate thousands of soldiers on expeditionary deployments throughout the Pacific — an expansive region often associated with Navy and Air Force military operations.

“We want to talk to [U.S. European Command] as well,” Esper said. “What we’re trying to do is go out and tell them what we’re doing.”

Last year, the Army held a series of reviews that recommended cutting or reducing nearly 200 weapons projects, freeing up $25 billion for investment in higher-priority programs. Among the projects cut are upgrades to Boeing-made CH-47 Chinook helicopters and buys of Oshkosh-made Joint Light Tactical Vehicles, the Army’s replacement for Humvees. Esper said he needs to shift money into “Future Vertical Lift,” an effort to build faster helicopters and tilt-rotor aircraft — similar to the V-22 Osprey —  instead of upgrades to older, larger, and slower helicopters.

“What I don’t have right now is an attack/reconnaissance aircraft,” Esper said, Tuesday during a briefing at the Pentagon. “That’s what I need to penetrate Russian or Chinese air defenses. I’m not going to do that with a CH-47.”

The Army is evaluating prototypes built by Bell and a Lockheed Martin-Boeing team, as it determines the makeup of a new generation of military helicopters.

Army leaders plan to cut the number of Joint Light Tactical Vehicles they will buy from Oshkosh but the size of the reduction has not been finalized, Esper said. Army Undersecretary Ryan McCarthy has previously said the service plans to cut 1,900 vehicles.

“We are certainly cutting the total number. I know that much,” Esper said. “But whether it … finals out; right here today, I can’t tell you. In five years, I could maybe have a different number for you.”

The secretary said that they decision to buy Chinooks and JLTVs was made before the Trump administration’s January 2018 National Defense Strategy put the Pentagon on a path to preparing for great power competition with Russia and China. That strategy reduced the Defense Department’s priority on counterterrorism and counterinsurgency fights in Afghanistan, Iraq, and other spots like Syria, which had dominated much of the past two decades. In its wake, the Army is building new doctrine that will be evaluated over the next 12 to 18 months. The results of those wargames will determine how many soldiers and weapons are needed in the future.

“They were in many ways designed for a different conflict,” he said, of Chinooks and JLTVs. “It doesn’t mean we won’t use them in future conflicts, but now my emphasis has to be on rebuilding my armor, rebuilding my fighting vehicles, having aircraft that can penetrate Russia and Chinese air defenses, that can shoot down Russian and Chinese drones and missiles and helicopters and fixed-wing aircraft. We’re in this transition period and so some folks are caught in that transition.”

Meanwhile, where is the strategic thinking when it comes to hybrid warfare?

The Pentagon wants to develop a way to detect those signs by analyzing the myriad actions in what it calls the “gray zone”–behaviors in a variety of areas that, considered separately, may or may not mean anything but when examined together could indicate malicious intent–and is putting artificial intelligence (AI) to work on the problem.

The Defense Advanced Research Projects Agency (DARPA) has launched a new program intended to better understand and interpret an adversary’s gray zone engagement as potential signals of pending aggression. The Collection and Monitoring via Planning for Active Situational Scenarios (COMPASS) program will incorporate AI, game theory, modeling, and estimation technologies to decipher the often subtle signs that precede a full-scale attack.

“The ultimate goal of the program is to provide theater-level operations and planning staffs with robust analytics and decision-support tools that reduce ambiguity of adversarial actors and their objectives,” said Fotis Barlos, DARPA program manager. “As we see increasingly more sophistication in gray zone activity around the world, we need to leverage advanced AI and other technologies to help commanders make more effective decisions to thwart an enemy’s complex, multi-layered disruptive activity.”

The attention to gray zone activity reflects the multi-pronged tactics used in hybrid warfare, of the type employed by Russia in Georgia in 2008 and in Ukraine since 2014. Cyber attacks to shut down the power grid, conduct digital espionage, and sow economic disruption, along with social media campaigns aimed at manipulating public opinion, coincided with the covert movement of troops and equipment into Ukraine. Not only have these tactics proved to be effective, their subtle, sometimes untraceable methods can lend a level of plausible deniability to the attacks. And NATO has said that clandestine hybrid attacks can achieve their aims before being noticed, too late for an effective response.smilelaugh

N Korea Test Fires Tactical Weapon

(Reuters) – Satellite images from last week show movement at North Korea’s main nuclear site that could be associated with the reprocessing of radioactive material into bomb fuel, a U.S. think tank said on Tuesday. The U.S. State Department declined to comment on intelligence matters, but a source familiar with U.S. government assessments said that while U.S. experts thought the movements could possibly be related to reprocessing, they were doubtful it was significant nuclear activity.

***

SEOUL, April 18 (Yonhap) — North Korean leader Kim Jong-un has supervised a test-firing of a new tactical guided weapon, calling its development an “event of very weighty significance” in beefing up its military power, state media reported Thursday.

The Korean Central News Agency said the test happened Wednesday but did not specify what the newly developed weapon was. It was the first time since November the North’s leader has overseen a weapons testing.

“Saying that the completion of the development of the weapon system serves as an event of very weighty significance in increasing the combat power of the People’s Army, he noted that it is a very good thing that the field of national defense science has waged a dynamic struggle for attaining core research goals,” Kim was quoted as saying by the KCNA.

North Korean leader Kim Jong-un inspects a flight drill of the North's Air and Anti-aircraft Force on April 17, 2019, in this photo released by the Korean Central News Agency on April 18. As is customary, the agency didn't provide the location. (For Use Only in the Republic of Korea. No Redistribution) (Yonhap) North Korean leader Kim Jong-un inspects a flight drill of the North’s Air and Anti-aircraft Force on April 17, 2019, in this photo released by the Korean Central News Agency on April 18. As is customary, the agency didn’t provide the location. (For Use Only in the Republic of Korea. No Redistribution) (Yonhap)

“After watching the power of the new-type tactical guided weapon, he pointed out that our national defense scientists and workers in the field of the munitions industry performed another great work in increasing the country’s defense capabilities,” the KCNA said.

Kim also set the “phased and strategic goals” for maintaining his country’s munitions production, putting national defense science and technology on a “cutting edge level,” and ordering “detailed tasks and ways to attain them.”

The test-firing came after Kim suggested a year-end deadline for denuclearization negotiations with the United States following the breakdown of his February summit with U.S. President Donald Trump.

On Wednesday, Pyongyang’s media said that the North Korean leader visited an air force unit and reviewed a flight exercise in his first public inspection of military activities in five months.

 

Is China an Adversary of the United States?

Yes, and frankly, we should completely reconsider an trade agreements in total with China. The whole launch of a harmonious relationship between the United States and China established by President Nixon in 1972 is not today’s condition. China is hostile to not only the United States but to any country frankly for the sake of money, China needs it by any and all means possible.

Exclusive: Secret NSA Map Shows China Cyber Attacks on U.S ...

China is using ‘debt traps’ effectively to financially punk foreign governments to gain power, influence and assets.

  • China is working to influence media outlets beyond its borders in an effort to impose its ideology and deter criticism of its actions, a press freedom group said.

    In a report released Monday, Reporters Without Borders detailed what it said was China’s impact on a global decline in press freedom and analyzed President Xi Jinping’s strategy to control information outside his own country. The group found that Beijing was using advertising buys, paid-trips for journalists and an expanding global propaganda network to impose its “ideologically correct” terminology and to obscure darker chapters of the country’s history.

  • Huawei has been a theft and spy operation for decades. A major concern and consequence is a renewed U.S. campaign to pressure and persuade America’s allies to keep Huawei technology and equipment out of the next generation of wireless networks, known as 5G. The stakes in this campaign are much bigger than U.S. market share or the effectiveness of Iran sanctions. If Huawei’s chips and routers find their way into this new network, everything from digital privacy to intellectual property could be at risk.
  • Chinese employees stole corporate secrets from Dutch semiconductor equipment maker ASML, resulting in hundreds of millions of dollars in losses, Dutch financial newspaper Financieele Dagblad (FD) reported on Thursday.

    The paper said, citing its own investigation, technology had been stolen by high-level Chinese employees in the research and development department of ASML’s U.S. subsidiary and ultimately leaked to a company linked to the Chinese government.

  • That Chinese worker employed by that farm in Iowa is likely a spy, performing agricultural/intellectual property theft.
  • China has and continues to infect the American education system. It is called the Confucius Institute. It ranges from Kindergarten to graduate school. China has already spent $200 million USD on this effort. So, the Senate held a hearing. Legislation? Still waiting.
  • U.S. government contractors hired by China to be a hacker/ perform espionage or to steal technology. Examples are here, here and here.

Just this past December, the Assistant Director of the FBI for the Counterintelligence Division gave an extended statement and testimony before the Senate Judiciary Committee that spoke to the non-traditional espionage methods employed by China against the United States. Simply put, he described it as a Cold War and honestly it is.

In part:

The Chinese government is attempting to acquire or steal, not only the plans and intentions of the United States government, but also the ideas and innovations of the very people that make our economy so incredibly successful. The Chinese government understands a core lesson of the Cold War between the United States and the Soviet Union: economic strength is the foundation of national power. The competition between the United States and China will be greatly influenced, if not ultimately decided, on the strength of our economies.

The Chinese government means to compete with us in every way possible, playing by the rules at times, bending them at others, and breaking them when necessary to ensure their success. They also aim to rewrite the rules to shape the world in their image, and they have already made progress on this front. The rules they write seek to guarantee the dominance of their businesses and root Chinese national power in the very fabric of an international system.

From my vantage point, it appears we are at the early stages of a hyper-competitive world. This is not simply a competition between businesses and industries but also between governments and the ways in which they govern their societies. Make no mistake: the Chinese government is proposing itself as an alternative model for the world, one without a democratic system of government, and it is seeking to undermine the free and open rules-based order we helped establish following World War II. Our businesses and our government must adapt in order to compete and thrive in this world.

Perhaps AOC, Omar, Nadler, Pelosi, Tlaib and Schiff should be concentrating on the real work to protect American….eh? Better still, perhaps CNN should report on the real stuff….uh huh

Trump’s EO on Electromagnetic Pulses

The EMP Threat: How It Works and What It Means for the Korean Crisis - Geopolitical Futures

If government agencies are working this mission, shouldn’t Congress take up some measures too? Given this Executive Order, consider what motivated this action and consider all the measures you yourself should take.

Executive Order on Coordinating National Resilience to Electromagnetic Pulses

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).

Sec. 3.  Policy.  (a)  It is the policy of the United States to prepare for the effects of EMPs through targeted approaches that coordinate whole-of-government activities and encourage private-sector engagement.  The Federal Government must provide warning of an impending EMP; protect against, respond to, and recover from the effects of an EMP through public and private engagement, planning, and investment; and prevent adversarial events through deterrence, defense, and nuclear nonproliferation efforts.  To achieve these goals, the Federal Government shall engage in risk-informed planning, prioritize research and development (R&D) to address the needs of critical infrastructure stakeholders, and, for adversarial threats, consult Intelligence Community assessments.

(b)  To implement the actions directed in this order, the Federal Government shall promote collaboration and facilitate information sharing, including the sharing of threat and vulnerability assessments, among executive departments and agencies (agencies), the owners and operators of critical infrastructure, and other relevant stakeholders, as appropriate.  The Federal Government shall also provide incentives, as appropriate, to private-sector partners to encourage innovation that strengthens critical infrastructure against the effects of EMPs through the development and implementation of best practices, regulations, and appropriate guidance.

Sec. 4.  Coordination.  (a)  The Assistant to the President for National Security Affairs (APNSA), through National Security Council staff and in consultation with the Director of the Office of Science and Technology Policy (OSTP), shall coordinate the development and implementation of executive branch actions to assess, prioritize, and manage the risks of EMPs.  The APNSA shall, on an annual basis, submit a report to the President summarizing progress on the implementation of this order, identifying gaps in capability, and recommending how to address those gaps.

(b)  To further the Federal R&D necessary to prepare the Nation for the effects of EMPs, the Director of OSTP shall coordinate efforts of agencies through the National Science and Technology Council (NSTC).  The Director of OSTP, through the NSTC, shall annually review and assess the R&D needs of agencies conducting preparedness activities for EMPs, consistent with this order.

Sec. 5.  Roles and Responsibilities.  (a)  The Secretary of State shall:

(i)   lead the coordination of diplomatic efforts with United States allies and international partners regarding enhancing resilience to the effects of EMPs; and

(ii)  in coordination with the Secretary of Defense and the heads of other relevant agencies, strengthen nuclear nonproliferation and deterrence efforts, which would reduce the likelihood of an EMP attack on the United States or its allies and partners by limiting the availability of nuclear devices.

(b)  The Secretary of Defense shall:

(i)    in cooperation with the heads of relevant agencies and with United States allies, international partners, and private-sector entities as appropriate, improve and develop the ability to rapidly characterize, attribute, and provide warning of EMPs, including effects on space systems of interest to the United States;

(ii)   provide timely operational observations, analyses, forecasts, and other products for naturally occurring EMPs to support the mission of the Department of Defense along with United States allies and international partners, including the provision of alerts and warnings for natural EMPs that may affect weapons systems, military operations, or the defense of the United States;

(iii)  conduct R&D and testing to understand the effects of EMPs on Department of Defense systems and infrastructure, improve capabilities to model and simulate the environments and effects of EMPs, and develop technologies to protect Department of Defense systems and infrastructure from the effects of EMPs to ensure the successful execution of Department of Defense missions;

(iv)   review and update existing EMP-related standards for Department of Defense systems and infrastructure, as appropriate;

(v)    share technical expertise and data regarding EMPs and their potential effects with other agencies and with the private sector, as appropriate;

(vi)   incorporate attacks that include EMPs as a factor in defense planning scenarios; and

(vii)  defend the Nation from adversarial EMPs originating outside of the United States through defense and deterrence, consistent with the mission and national security policy of the Department of Defense.

(c)  The Secretary of the Interior shall support the research, development, deployment, and operation of capabilities that enhance understanding of variations of Earth’s magnetic field associated with EMPs.

(d)  The Secretary of Commerce shall:

(i)   provide timely and accurate operational observations, analyses, forecasts, and other products for natural EMPs, exclusive of the responsibilities of the Secretary of Defense set forth in subsection (b)(ii) of this section; and

(ii)  use the capabilities of the Department of Commerce, the private sector, academia, and nongovernmental organizations to continuously improve operational forecasting services and the development of standards for commercial EMP technology.

(e)  The Secretary of Energy shall conduct early-stage R&D, develop pilot programs, and partner with other agencies and the private sector, as appropriate, to characterize sources of EMPs and their couplings to the electric power grid and its subcomponents, understand associated potential failure modes for the energy sector, and coordinate preparedness and mitigation measures with energy sector partners.

(f)  The Secretary of Homeland Security shall:

(i)    provide timely distribution of information on EMPs and credible associated threats to Federal, State, and local governments, critical infrastructure owners and operators, and other stakeholders;

(ii)   in coordination with the heads of any relevant SSAs, use the results of risk assessments to better understand and enhance resilience to the effects of EMPs across all critical infrastructure sectors, including coordinating the identification of national critical functions and the prioritization of associated critical infrastructure at greatest risk to the effects of EMPs;

(iii)  coordinate response to and recovery from the effects of EMPs on critical infrastructure, in coordination with the heads of appropriate SSAs;

(iv)   incorporate events that include EMPs as a factor in preparedness scenarios and exercises;

(v)    in coordination with the heads of relevant SSAs, conduct R&D to better understand and more effectively model the effects of EMPs on national critical functions and associated critical infrastructure — excluding Department of Defense systems and infrastructure — and develop technologies and guidelines to enhance these functions and better protect this infrastructure;

(vi)   maintain survivable means to provide necessary emergency information to the public during and after EMPs; and

(vii)  in coordination with the Secretaries of Defense and Energy, and informed by intelligence-based threat assessments, develop quadrennial risk assessments on EMPs, with the first risk assessment delivered within 1 year of the date of this order.

(g)  The Director of National Intelligence shall:

(i)   coordinate the collection, analysis, and promulgation, as appropriate, of intelligence-based assessments on adversaries’ capabilities to conduct an attack utilizing an EMP and the likelihood of such an attack; and

(ii)  provide intelligence-based threat assessments to support the heads of relevant SSAs in the development of quadrennial risk assessments on EMPs.

(h)  The heads of all SSAs, in coordination with the Secretary of Homeland Security, shall enhance and facilitate information sharing with private-sector counterparts, as appropriate, to enhance preparedness for the effects of EMPs, to identify and share vulnerabilities, and to work collaboratively to reduce vulnerabilities.

(i)  The heads of all agencies that support National Essential Functions shall ensure that their all­hazards preparedness planning sufficiently addresses EMPs, including through mitigation, response, and recovery, as directed by national preparedness policy.

Sec. 6.  Implementation.  (a)  Identifying national critical functions and associated priority critical infrastructure at greatest risk.

(i)   Within 90 days of the date of this order, the Secretary of Homeland Security, in coordination with the heads of SSAs and other agencies as appropriate, shall identify and list the national critical functions and associated priority critical infrastructure systems, networks, and assets, including space-based assets that, if disrupted, could reasonably result in catastrophic national or regional effects on public health or safety, economic security, or national security.  The Secretary of Homeland Security shall update this list as necessary.

(ii)  Within 1 year of the identification described in subsection (a)(i) of this section, the Secretary of Homeland Security, in coordination with the heads of other agencies as appropriate, shall, using appropriate government and private-sector standards for EMPs, assess which identified critical infrastructure systems, networks, and assets are most vulnerable to the effects of EMPs.  The Secretary of Homeland Security shall provide this list to the President, through the APNSA.  The Secretary of Homeland Security shall update this list using the results produced pursuant to subsection (b) of this section, and as necessary thereafter.

(b)  Improving understanding of the effects of EMPs.

(i)    Within 180 days of the identification described in subsection (a)(ii) of this section, the Secretary of Homeland Security, in coordination with the heads of SSAs and in consultation with the Director of OSTP and the heads of other appropriate agencies, shall review test data — identifying any gaps in such data — regarding the effects of EMPs on critical infrastructure systems, networks, and assets representative of those throughout the Nation.

(ii)   Within 180 days of identifying the gaps in existing test data, as directed by subsection (b)(i) of this section, the Secretary of Homeland Security, in coordination with the heads of SSAs and in consultation with the Director of OSTP and the heads of other appropriate agencies, 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.  The heads of agencies identified in the plan shall implement the plan in collaboration with the private sector, as appropriate.

(iii)  Within 1 year of the date of this order, and as appropriate thereafter, the Secretary of Energy, in consultation with the heads of other agencies and the private sector, as appropriate, shall review existing standards for EMPs and develop or update, as necessary, quantitative 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.

(iv)   Within 4 years of the date of this order, the Secretary of the Interior shall complete a magnetotelluric survey of the contiguous United States to help critical infrastructure owners and operators conduct EMP vulnerability assessments.

(c)  Evaluating approaches to mitigate the effects of EMPs.

(i)    Within 1 year of the date of this order, and every 2 years thereafter, the Secretary of Homeland Security, in coordination with the Secretaries of Defense and Energy, and in consultation with the Director of OSTP, the heads of other appropriate agencies, and private-sector partners as appropriate, shall submit to the President, through the APNSA, a report that analyzes the technology options available to improve the resilience of critical infrastructure to the effects of EMPs.  The Secretaries of Defense, Energy, and Homeland Security shall also identify gaps in available technologies and opportunities for future technological developments to inform R&D activities.

(ii)   Within 180 days of the completion of the activities directed by subsections (b)(iii) and (c)(i) of this section, the Secretary of Homeland Security, in coordination with the heads of other agencies and in consultation with the private sector as appropriate, shall develop and implement a pilot test to evaluate available engineering approaches for mitigating the effects of EMPs on the most vulnerable critical infrastructure systems, networks, and assets, as identified in subsection (a)(ii) of this section.

(iii)  Within 1 year of the date of this order, the Secretary of Homeland Security, in coordination with the heads of relevant SSAs, and in consultation with appropriate regulatory and utility commissions and other stakeholders, shall identify regulatory and non regulatory mechanisms, including cost recovery measures, that can enhance private-sector engagement to address the effects of EMPs.

(d)  Strengthening critical infrastructure to withstand the effects of EMPs.

(i)    Within 90 days of completing the actions directed in subsection (c)(ii) of this section, the Secretary of Homeland Security, in coordination with the Secretaries of Defense and Energy and in consultation with the heads of other appropriate agencies and with the private sector as appropriate, shall develop a plan to mitigate the effects of EMPs on the vulnerable priority critical infrastructure systems, networks, and assets identified under subsection (a)(ii) of this section.  The plan shall align with and build on actions identified in reports required by Executive Order 13800 of May 11, 2017 (Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure).  The Secretary of Homeland Security shall implement those elements of the plan that are consistent with Department of Homeland Security authorities and resources, and report to the APNSA regarding any additional authorities and resources needed to complete its implementation.  The Secretary of Homeland Security, in coordination with the Secretaries of Defense and Energy, shall update the plan as necessary based on results from the actions directed in subsections (b) and (c) of this section.

(ii)   Within 180 days of the completion of the actions identified in subsection (c)(i) of this section, the Secretary of Defense, in consultation with the Secretaries of Homeland Security and Energy, shall conduct a pilot test to evaluate engineering approaches used to harden a strategic military installation, including infrastructure that is critical to supporting that installation, against the effects of EMPs.

(iii)  Within 180 days of completing the pilot test described in subsection (d)(ii) of this section, the Secretary of Defense shall report to the President, through the APNSA, regarding the cost and effectiveness of the evaluated approaches.

(e)  Improving response to EMPs.

(i)    Within 180 days of the date of this order, the Secretary of Homeland Security, through the Administrator of the Federal Emergency Management Agency, in coordination with the heads of appropriate SSAs, shall review and update Federal response plans, programs, and procedures to account for the effects of EMPs.

(ii)   Within 180 days of the completion of actions directed by subsection (e)(i) of this section, agencies that support National Essential Functions shall update operational plans documenting their procedures and responsibilities to prepare for, protect against, and mitigate the effects of EMPs.

(iii)  Within 180 days of identifying vulnerable priority critical infrastructure systems, networks, and assets as directed by subsection (a)(ii) of this section, the Secretary of Homeland Security, in consultation with the Secretaries of Defense and Commerce, and the Chairman of the Federal Communications Commission, shall provide the Deputy Assistant to the President for Homeland Security and Counterterrorism and the Director of OSTP with an assessment of the effects of EMPs on critical communications infrastructure, and recommend changes to operational plans to enhance national response and recovery efforts after an EMP.

Sec. 7.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
March 26, 2019.