S.Amdt. 6388Senate117th Congress (2021-2023)2nd degree

S.Amdt. 6388

What it does: Adds SEC. __. NATIONAL RISK MANAGEMENT CYCLE wherever appropriate
Submitted September 29, 2022

What it changes

1 change to S.Amdt. 5499

Adds a section
  1. Adds SEC. __. NATIONAL RISK MANAGEMENT CYCLE wherever appropriate

    Adds a section

    Inserted: SEC. __. NATIONAL RISK MANAGEMENT CYCLE.

    Inserted: (a) In General.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.), is amended by adding at the end the following:

    Inserted: "SEC. 2220E. NATIONAL RISK MANAGEMENT CYCLE.

    Inserted: "(a) National Critical Functions Defined.--In this section, the term '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.

    Inserted: "(b) National Risk Management Cycle.--

    Inserted: "(1) Risk identification and assessment.--

    Inserted: "(A) In general.--The Secretary, acting through the Director, shall establish a recurring process by which to identify, assess, and prioritize risks to critical infrastructure, considering both cyber and physical threats, the associated likelihoods, vulnerabilities, and consequences, and the resources necessary to address them.

    Inserted: "(B) Consultation.--In establishing the process required under subparagraph (A), the Secretary shall consult with, and request and collect information to support analysis from, Sector Risk Management Agencies, critical infrastructure owners and operators, the Assistant to the President for National Security Affairs, the Assistant to the President for Homeland Security, and the National Cyber Director.

    Inserted: "(C) Publication.--Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A), subject to any redactions the Secretary determines are necessary to protect classified or other sensitive information.

    Inserted: "(D) Report.--The Secretary shall submit to the President, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report on the risks identified by the process established under subparagraph (A)--

    Inserted: "(i) not later than 1 year after the date of enactment of this section; and

    Inserted: "(ii) not later than 1 year after the date on which the Secretary submits a periodic evaluation described in section 9002(b)(2) of title XC of division H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283).

    Show 16 more inserted paragraphs

    Inserted: "(2) National critical infrastructure resilience strategy.--

    Inserted: "(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary.

    Inserted: "(B) Elements.--Each strategy delivered under subparagraph (A) shall--

    Inserted: "(i) identify, assess, and prioritize areas of risk to critical infrastructure that would compromise or disrupt national critical functions impacting national security, economic security, or public health and safety;

    Inserted: "(ii) assess the implementation of the previous national critical infrastructure resilience strategy, as applicable;

    Inserted: "(iii) identify and outline current and proposed national-level actions, programs, and efforts to be taken to address the risks identified;

    Inserted: "(iv) identify the Federal departments or agencies responsible for leading each national-level action, program, or effort and the relevant critical infrastructure sectors for each; and

    Inserted: "(v) request any additional authorities necessary to successfully execute the strategy.

    Inserted: "(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex.

    Inserted: "(3) Congressional briefing.--Not later than 1 year after the date on which the President delivers a strategy under this section, and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate committees of Congress on--

    Inserted: "(A) the national risk management cycle activities undertaken pursuant to the strategy; and

    Inserted: "(B) the amounts and timeline for funding that the Secretary has determined would be necessary to address risks and successfully execute the full range of activities proposed by the strategy.".

    Inserted: (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended--

    Inserted: (1) by moving the item relating to section 2220D to appear after the item relating to section 2220C; and

    Inserted: (2) by inserting after the item relating to section 2220D the following:

    Inserted: "Sec. 2220E. National risk management cycle.".

    The amendment doesn't say where this goes; the clerk decides.

    Original wording

    At the appropriate place, insert the following:

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As printed

SA 6388. Ms. HASSAN (for herself and Mr. Rounds) 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 appropriate place, insert the following:

SEC. __. NATIONAL RISK MANAGEMENT CYCLE.

(a) In General.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.), is amended by adding at the end the following:

“SEC. 2220E. NATIONAL RISK MANAGEMENT CYCLE.

“(a) National Critical Functions Defined.--In this section, the term ‘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.

“(b) National Risk Management Cycle.--

“(1) Risk identification and assessment.--

“(A) In general.--The Secretary, acting through the Director, shall establish a recurring process by which to identify, assess, and prioritize risks to critical infrastructure, considering both cyber and physical threats, the associated likelihoods, vulnerabilities, and consequences, and the resources necessary to address them.

“(B) Consultation.--In establishing the process required under subparagraph (A), the Secretary shall consult with, and request and collect information to support analysis from, Sector Risk Management Agencies, critical infrastructure owners and operators, the Assistant to the President for National Security Affairs, the Assistant to the President for Homeland Security, and the National Cyber Director.

“(C) Publication.--Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A), subject to any redactions the Secretary determines are necessary to protect classified or other sensitive information.

“(D) Report.--The Secretary shall submit to the President, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report on the risks identified by the process established under subparagraph (A)--

“(i) not later than 1 year after the date of enactment of this section; and

“(ii) not later than 1 year after the date on which the Secretary submits a periodic evaluation described in section 9002(b)(2) of title XC of division H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283).

“(2) National critical infrastructure resilience strategy.--

“(A) In general.--Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary.

“(B) Elements.--Each strategy delivered under subparagraph (A) shall--

“(i) identify, assess, and prioritize areas of risk to critical infrastructure that would compromise or disrupt national critical functions impacting national security, economic security, or public health and safety;

“(ii) assess the implementation of the previous national critical infrastructure resilience strategy, as applicable;

“(iii) identify and outline current and proposed national-level actions, programs, and efforts to be taken to address the risks identified;

“(iv) identify the Federal departments or agencies responsible for leading each national-level action, program, or effort and the relevant critical infrastructure sectors for each; and

“(v) request any additional authorities necessary to successfully execute the strategy.

“(C) Form.--Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex.

“(3) Congressional briefing.--Not later than 1 year after the date on which the President delivers a strategy under this section, and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate committees of Congress on--

“(A) the national risk management cycle activities undertaken pursuant to the strategy; and

“(B) the amounts and timeline for funding that the Secretary has determined would be necessary to address risks and successfully execute the full range of activities proposed by the strategy.”.

(b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended--

(1) by moving the item relating to section 2220D to appear after the item relating to section 2220C; and

(2) by inserting after the item relating to section 2220D the following:

“Sec. 2220E. National risk management cycle.”.

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Senate amendment submitted

September 29, 2022