S.Amdt. 6247Senate117th Congress (2021-2023)2nd degree

S.Amdt. 6247

What it does: Adds SEC. 2868. ASSESSMENT OF RISKS TO DEFENSE COMMUNITIES at the end of subtitle D of title XXVIII
Submitted September 29, 2022

What it changes

1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text

Adds a section
  1. Adds SEC. 2868. ASSESSMENT OF RISKS TO DEFENSE COMMUNITIES at the end of subtitle D of title XXVIII

    Adds a section

    In S.Amdt. 5499 as proposed

    (b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2030.

    Inserted: SEC. 2868. ASSESSMENT OF RISKS TO DEFENSE COMMUNITIES.

    Inserted: (a) In General.--Subchapter I of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:

    Inserted: "Sec. 2817. Defense community vulnerability assessments and

    Inserted: exercises

    Inserted: "(a) Program.--The Secretary of Defense shall establish a program that ensures that, not later than one year after the date of the enactment of this section, the Secretary of each military department is able to--

    Inserted: "(1) conduct exercises to assess and to the degree feasible quantify the potential impact of current and projected risks to military installation resilience resulting from vulnerabilities to critical infrastructure inside and outside of the military installation, including community infrastructure not under the jurisdiction of the Secretary concerned; and

    Inserted: "(2) improve collaboration and information sharing of critical infrastructure vulnerabilities with stakeholders in the civilian community that are necessary to reduce the risks to military installation resilience.

    Inserted: "(b) Vulnerability Assessments.--In carrying out the program under subsection (a), consistent with the use of military installations and State-owned installations of the National Guard to ensure the readiness of the armed forces, the Secretary of each military department shall assess current and projected vulnerabilities related to military installation infrastructure and community infrastructure that impact military installation resilience described in section 2864(c) of this title, including vulnerabilities resulting from interdependencies in the following critical infrastructure sectors:

    Inserted: "(1) Energy generation, distribution, and transmission systems.

    Inserted: "(2) Water and wastewater treatment facilities.

    Inserted: "(3) Telecommunications and information technology systems.

    Inserted: "(4) Intermodal transportation nodes, including access roads, railways and railheads, bridges, and harbor and port infrastructure.

    Show 48 more inserted paragraphs

    Inserted: "(5) Emergency services.

    Inserted: "(6) Such other critical infrastructure sectors as the Secretary concerned determines are important to ensure military installation resilience.

    Inserted: "(c) Vulnerability Exercises.--(1) In carrying out the program under subsection (a), each year, the Secretary of each military department shall conduct a vulnerability exercise to assess and to the degree feasible quantify the potential impact of current and projected risks to military installation resilience at not fewer than five military installations and identify information gaps necessary to improve military installation resilience planning under section 2864(c) of this title.

    Inserted: "(2) The Secretary of each military department shall develop and conduct exercises under paragraph (1) in coordination with the following:

    Inserted: "(A) The Secretary of Homeland Security, acting through the director of the Cybersecurity and Infrastructure Security Agency and the Administrator of the Federal Emergency Management Agency.

    Inserted: "(B) The Secretary of Energy, acting through the director of the Resilience Optimization Center of the Idaho National Laboratory.

    Inserted: "(C) The Assistant Secretary of the Army for Civil Works, acting through the Chief of Engineers.

    Inserted: "(D) Representatives of State, tribal, and local emergency management agencies and resilience agencies, including the heads of such agencies, as appropriate.

    Inserted: "(E) Representatives of State, tribal, and local governments with expertise, oversight, or responsibility regarding the critical infrastructure sectors described in subsection (b).

    Inserted: "(F) Representatives of private service providers serving critical infrastructure sectors described in subsection (b).

    Inserted: "(G) Representatives of non-governmental organizations and local colleges and universities with access to the planning tools to provide local-level vulnerability analysis to assess current and projected critical infrastructure vulnerabilities inside and outside of a military installation.

    Inserted: "(H) The heads of such other Federal or State departments or agencies as the Secretary concerned considers appropriate for conducting the exercise under paragraph (1).

    Inserted: "(3) Each exercise under paragraph (1) shall model and analyze interdependency vulnerabilities related to military installation infrastructure and community infrastructure using a uniform method that seeks to combine, to the extent appropriate and applicable, the following:

    Inserted: "(A) An all hazards analysis that models military infrastructure and community infrastructure as regionally linked systems to assess the current and projected risks and consequences of manmade and natural disasters, including the impact of extreme weather, on those systems inside and outside the military installation.

    Inserted: "(B) A science-based analysis that provides for enhanced modeling of current and projected infrastructure risks to military installation resilience both within the boundaries of the military installation and in localities and communities in which the military installation is located.

    Inserted: "(4) The Secretary of each military department shall provide to the individuals described in paragraph (2) any information, in an appropriate form, that is used to develop the exercises described in paragraph (1), including--

    Inserted: "(A) projections from reliable and authorized sources used for the military installation resilience component of the installation master plans of the Department of Defense under section 2864 of this title;

    Inserted: "(B) modeling and analytical products described in paragraph (3); and

    Inserted: "(C) any additional material used to inform the conduct of the exercises under paragraph (1).

    Inserted: "(d) Reports.--(1) Not later than March 1 of each year, the Secretary of each military department shall submit to the appropriate congressional committees a report on the program conducted under this section, including the assessments conducted under subsection (b) and the exercises conducted under subsection (c), during the year preceding the report.

    Inserted: "(2) Each report submitted under paragraph (1) shall include the following:

    Inserted: "(A) The name and location of each military installation with respect to which an assessment and exercise was conducted under this section in the year covered by the report, including a list of stakeholders engaged as part of each exercise under subsection (c).

    Inserted: "(B) The name and location of where each military department plans to conduct assessments and exercises under this section in the following year.

    Inserted: "(C) An analysis of what current and future risks the assessments and exercises addressed and, to the degree feasible, quantified for each military installation and what information gaps, if any, persist following the assessments and exercises.

    Inserted: "(D) An explanation of how the Secretary concerned will address any persistent information gaps identified under subparagraph (C).

    Inserted: "(E) An explanation of how the assessments under subsection (b) informed or will inform military installation resilience projects under section 2815 of this title or any other provisions of this title or resilience-related projects under section 210 of title 23.

    Inserted: "(F) A plan for using available authorities to mitigate vulnerabilities to military infrastructure and community infrastructure, including through actions under section 2391 of this title.

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

    Inserted: "(1) The term 'appropriate congressional committees' means--

    Inserted: "(A) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and

    Inserted: "(B) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.

    Inserted: "(2) The terms 'community infrastructure' and 'military installation' have the meanings given those terms in section 2391(e) of this title.".

    Inserted: (b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2816 the following new item:

    Inserted: "2817. Defense community vulnerability assessments and exercises.".

    Inserted: SEC. 2869. ENHANCEMENT OF RESILIENCE OF DEFENSE COMMUNITY INFRASTRUCTURE.

    Inserted: Section 2391 of title 10, United States Code, is amended--

    Inserted: (1) in subsection (b)(5)(D)--

    Inserted: (A) by striking "The Secretary of Defense" and inserting "(i) The Secretary of Defense"; and

    Inserted: (B) by adding at the end of the following new clauses:

    Inserted: "(ii) In the case of funds provided under clause (i) for projects involving the preservation or restoration of natural features for the purpose of maintaining or enhancing military installation resilience--

    Inserted: "(I) such funds--

    Inserted: "(aa) may be provided in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities required for the preservation or restoration of such natural features; and

    Inserted: "(bb) may be placed by the recipient in an interest-bearing or other investment account; and

    Inserted: "(II) any interest or income shall be applied for the same purposes as the principal.

    Inserted: "(iii) Amounts appropriated or otherwise made available for assistance under this subparagraph shall remain available until expended.";

    Inserted: (2) in subsection (d)(1)(A) by inserting "to plan for and implement actions" after "to assist State and local governments"; and

    Inserted: (3) in subsection (e)(4)(B), by adding at the end the following new clause:

    Inserted: "(iv) A disaster mitigation or risk reduction project.".

    Original wording

    At the end of subtitle D of title XXVIII, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 6247. Mr. SCHATZ submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr.

Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title XXVIII, add the following:

SEC. 2868. ASSESSMENT OF RISKS TO DEFENSE COMMUNITIES.

(a) In General.--Subchapter I of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:

“Sec. 2817. Defense community vulnerability assessments and

exercises

“(a) Program.--The Secretary of Defense shall establish a program that ensures that, not later than one year after the date of the enactment of this section, the Secretary of each military department is able to--

“(1) conduct exercises to assess and to the degree feasible quantify the potential impact of current and projected risks to military installation resilience resulting from vulnerabilities to critical infrastructure inside and outside of the military installation, including community infrastructure not under the jurisdiction of the Secretary concerned; and

“(2) improve collaboration and information sharing of critical infrastructure vulnerabilities with stakeholders in the civilian community that are necessary to reduce the risks to military installation resilience.

“(b) Vulnerability Assessments.--In carrying out the program under subsection (a), consistent with the use of military installations and State-owned installations of the National Guard to ensure the readiness of the armed forces, the Secretary of each military department shall assess current and projected vulnerabilities related to military installation infrastructure and community infrastructure that impact military installation resilience described in section 2864(c) of this title, including vulnerabilities resulting from interdependencies in the following critical infrastructure sectors:

“(1) Energy generation, distribution, and transmission systems.

“(2) Water and wastewater treatment facilities.

“(3) Telecommunications and information technology systems.

“(4) Intermodal transportation nodes, including access roads, railways and railheads, bridges, and harbor and port infrastructure.

“(5) Emergency services.

“(6) Such other critical infrastructure sectors as the Secretary concerned determines are important to ensure military installation resilience.

“(c) Vulnerability Exercises.--(1) In carrying out the program under subsection (a), each year, the Secretary of each military department shall conduct a vulnerability exercise to assess and to the degree feasible quantify the potential impact of current and projected risks to military installation resilience at not fewer than five military installations and identify information gaps necessary to improve military installation resilience planning under section 2864(c) of this title.

“(2) The Secretary of each military department shall develop and conduct exercises under paragraph (1) in coordination with the following:

“(A) The Secretary of Homeland Security, acting through the director of the Cybersecurity and Infrastructure Security Agency and the Administrator of the Federal Emergency Management Agency.

“(B) The Secretary of Energy, acting through the director of the Resilience Optimization Center of the Idaho National Laboratory.

“(C) The Assistant Secretary of the Army for Civil Works, acting through the Chief of Engineers.

“(D) Representatives of State, tribal, and local emergency management agencies and resilience agencies, including the heads of such agencies, as appropriate.

“(E) Representatives of State, tribal, and local governments with expertise, oversight, or responsibility regarding the critical infrastructure sectors described in subsection (b).

“(F) Representatives of private service providers serving critical infrastructure sectors described in subsection (b).

“(G) Representatives of non-governmental organizations and local colleges and universities with access to the planning tools to provide local-level vulnerability analysis to assess current and projected critical infrastructure vulnerabilities inside and outside of a military installation.

“(H) The heads of such other Federal or State departments or agencies as the Secretary concerned considers appropriate for conducting the exercise under paragraph (1).

“(3) Each exercise under paragraph (1) shall model and analyze interdependency vulnerabilities related to military installation infrastructure and community infrastructure using a uniform method that seeks to combine, to the extent appropriate and applicable, the following:

“(A) An all hazards analysis that models military infrastructure and community infrastructure as regionally linked systems to assess the current and projected risks and consequences of manmade and natural disasters, including the impact of extreme weather, on those systems inside and outside the military installation.

“(B) A science-based analysis that provides for enhanced modeling of current and projected infrastructure risks to military installation resilience both within the boundaries of the military installation and in localities and communities in which the military installation is located.

“(4) The Secretary of each military department shall provide to the individuals described in paragraph (2) any information, in an appropriate form, that is used to develop the exercises described in paragraph (1), including--

“(A) projections from reliable and authorized sources used for the military installation resilience component of the installation master plans of the Department of Defense under section 2864 of this title;

“(B) modeling and analytical products described in paragraph (3); and

“(C) any additional material used to inform the conduct of the exercises under paragraph (1).

“(d) Reports.--(1) Not later than March 1 of each year, the Secretary of each military department shall submit to the appropriate congressional committees a report on the program conducted under this section, including the assessments conducted under subsection (b) and the exercises conducted under subsection (c), during the year preceding the report.

“(2) Each report submitted under paragraph (1) shall include the following:

“(A) The name and location of each military installation with respect to which an assessment and exercise was conducted under this section in the year covered by the report, including a list of stakeholders engaged as part of each exercise under subsection (c).

“(B) The name and location of where each military department plans to conduct assessments and exercises under this section in the following year.

“(C) An analysis of what current and future risks the assessments and exercises addressed and, to the degree feasible, quantified for each military installation and what information gaps, if any, persist following the assessments and exercises.

“(D) An explanation of how the Secretary concerned will address any persistent information gaps identified under subparagraph (C).

“(E) An explanation of how the assessments under subsection (b) informed or will inform military installation resilience projects under section 2815 of this title or any other provisions of this title or resilience-related projects under section 210 of title 23.

“(F) A plan for using available authorities to mitigate vulnerabilities to military infrastructure and community infrastructure, including through actions under section 2391 of this title.

“(e) Definitions.--In this section:

“(1) The term ‘appropriate congressional committees' means--

“(A) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and

“(B) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.

“(2) The terms ‘community infrastructure' and ‘military installation' have the meanings given those terms in section 2391(e) of this title.”.

(b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2816 the following new item:

“2817. Defense community vulnerability assessments and exercises.”.

SEC. 2869. ENHANCEMENT OF RESILIENCE OF DEFENSE COMMUNITY INFRASTRUCTURE.

Section 2391 of title 10, United States Code, is amended--

(1) in subsection (b)(5)(D)--

(A) by striking “The Secretary of Defense” and inserting “(i) The Secretary of Defense”; and

(B) by adding at the end of the following new clauses:

“(ii) In the case of funds provided under clause (i) for projects involving the preservation or restoration of natural features for the purpose of maintaining or enhancing military installation resilience--

“(I) such funds--

“(aa) may be provided in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities required for the preservation or restoration of such natural features; and

“(bb) may be placed by the recipient in an interest-bearing or other investment account; and

“(II) any interest or income shall be applied for the same purposes as the principal.

“(iii) Amounts appropriated or otherwise made available for assistance under this subparagraph shall remain available until expended.”;

(2) in subsection (d)(1)(A) by inserting “to plan for and implement actions” after “to assist State and local governments”; and

(3) in subsection (e)(4)(B), by adding at the end the following new clause:

“(iv) A disaster mitigation or risk reduction project.”.

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Senate amendment submitted

September 29, 2022