S.Amdt. 5389

1. Adds SEC. 1083. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS at the end of subtitle G of title X

   Adds a section

   In S. 3001 · Placed on Calendar Senate

   (2) in paragraph (2), by striking "implemented" and inserting "developed".

   Inserted: SEC. 1083. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.

   Inserted: (a) In General.--Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.) is amended by inserting after section 506A the following new section:

   Inserted: "vulnerability assessments of major systems

   Inserted: "Sec. 506B. (a) Initial Vulnerability Assessments.--The Director of National Intelligence shall conduct an initial vulnerability assessment for any major system and its significant items of supply that is proposed for inclusion in the National Intelligence Program prior to completion of Milestone B or an equivalent acquisition decision. The initial vulnerability assessment of a major system and its significant items of supply shall, at a minimum, use an analysis-based approach to--

   Inserted: "(1) identify vulnerabilities;

   Inserted: "(2) define exploitation potential;

   Inserted: "(3) examine the system's potential effectiveness;

   Inserted: "(4) determine overall vulnerability; and

   Inserted: "(5) make recommendations for risk reduction.

   Inserted: "(b) Subsequent Vulnerability Assessments.--(1) The Director of National Intelligence shall conduct subsequent vulnerability assessments of each major system and its significant items of supply within the National Intelligence Program--

   Inserted: "(A) periodically throughout the life span of the major system;

   Inserted: "(B) whenever the Director determines that a change in circumstances warrants the issuance of a subsequent vulnerability assessment; or

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   Inserted: "(C) upon the request of a congressional intelligence committee.

   Inserted: "(2) Any subsequent vulnerability assessment of a major system and its significant items of supply shall, at a minimum, use an analysis-based approach and, if applicable, a testing-based approach, to monitor the exploitation potential of such system and reexamine the factors described in paragraphs (1) through (5) of subsection (a).

   Inserted: "(c) Major System Management.--The Director of National Intelligence shall give due consideration to the vulnerability assessments prepared for a given major system when developing and determining the annual consolidated National Intelligence Program budget.

   Inserted: "(d) Congressional Oversight.--(1) The Director of National Intelligence shall provide to the congressional intelligence committees a copy of each vulnerability assessment conducted under subsection (a) not later than 10 days after the date of the completion of such assessment.

   Inserted: "(2) The Director of National Intelligence shall provide the congressional intelligence committees with a proposed schedule for subsequent vulnerability assessments of a major system under subsection (b) when providing such committees with the initial vulnerability assessment under subsection (a) of such system as required by subsection (d).

   Inserted: "(3) The results of vulnerability assessments conducted under subsection (b) shall be included in the report to Congress required by section 102A(q).

   Inserted: "(e) Definitions.--In this section:

   Inserted: "(1) The term 'items of supply'--

   Inserted: "(A) means any individual part, component, subassembly, assembly, or subsystem integral to a major system, and other property which may be replaced during the service life of the major system, including spare parts and replenishment parts; and

   Inserted: "(B) does not include packaging or labeling associated with shipment or identification of items.

   Inserted: "(2) The term 'major system' has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).

   Inserted: "(3) The term 'Milestone B' means a decision to enter into system development, integration, and demonstration pursuant to guidance prescribed by the Director of National Intelligence.

   Inserted: "(4) The term 'vulnerability assessment' means the process of identifying and quantifying vulnerabilities in a major system and its significant items of supply.".

   Inserted: (b) Clerical Amendment.--The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 506A the following:

   Inserted: "Sec. 506B. Vulnerability assessments of major systems.".

   Original wording

   At the end of subtitle G of title X, add the following:

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As printed