[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 85 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                 H. R. 85

To codify the objective of Presidential Policy Directive 21 to improve 
    critical infrastructure security and resilience, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2015

 Ms. Jackson Lee introduced the following bill; which was referred to 
                   the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
To codify the objective of Presidential Policy Directive 21 to improve 
    critical infrastructure security and resilience, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Terrorism Prevention and Critical 
Infrastructure Protection Act of 2015''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The Nation's critical infrastructure provides the 
        essential services that underpin American society. Proactive 
        and coordinated efforts are necessary to strengthen and 
        maintain secure, functioning, and resilient critical 
        infrastructure, including assets, networks, and systems, that 
        are vital to public confidence and the Nation's safety, 
        prosperity, and well-being.
            (2) The Nation's critical infrastructure is diverse and 
        complex. It includes distributed networks, varied 
        organizational structures and operating models (including 
        multinational ownership), interdependent functions and systems 
        in both the physical space and cyber space, and governance 
        constructs that involve multilevel authorities, 
        responsibilities, and regulations. Critical infrastructure 
        owners and operators are uniquely positioned to manage risks to 
        their individual operations and assets, and to determine 
        effective strategies to make them more secure and resilient.
            (3) Critical infrastructure must be secured against 
        terrorist attacks, and must be designed and maintained in such 
        a way as to withstand and recover quickly in the event of an 
        attack. Achieving this will require integration with the 
        national preparedness system across prevention, protection, 
        mitigation, response, and recovery efforts.

SEC. 3. POLICY.

    (a) Security and Resilience.--The Secretary of Homeland Security 
shall work with critical infrastructure owners and operators and SLTTs 
to take proactive steps to manage risk and strengthen the security and 
resilience of the Nation's critical infrastructure against terrorist 
attacks that could have a debilitating impact on national security, 
economic stability, public health and safety, or any combination 
thereof. Such efforts shall seek to reduce vulnerabilities, minimize 
consequences, identify and disrupt terrorism threats, and hasten 
response and recovery efforts related to critical infrastructure.
    (b) International Partners.--The Secretary shall, in consultation 
with appropriate Federal agencies, establish terrorism prevention 
policy to engage with international partners to strengthen the security 
and resilience of domestic critical infrastructure and critical 
infrastructure located outside of the United States on which the Nation 
depends.
    (c) Integrated, Holistic Approach.--
            (1) Research task force.--The Secretary shall establish a 
        research task force to conduct research into the best means and 
        methods to address the security and resilience of critical 
        infrastructure in an integrated, holistic manner to reflect 
        critical infrastructure's interconnectedness and 
        interdependency.
            (2) Duties of the research task force.--The research task 
        force shall provide the Secretary with--
                    (A) a list of critical infrastructure;
                    (B) the degree the critical infrastructure is 
                reliant upon other infrastructure;
                    (C) the cyber preparedness of suppliers, 
                contractors, or service providers of critical 
                infrastructure;
                    (D) programs, projects, or professional development 
                for persons responsible for the security and operation 
                of critical infrastructure; and
                    (E) vulnerabilities and threats that are found in 
                software systems, firewalls, applications, and methods 
                of accessing systems.
            (3) Membership.--The research task force shall consist of 
        19 members appointed by the Secretary. The Secretary shall 
        appoint one member to represent each of--
                    (A) the National Institutes of Standards and 
                Technology;
                    (B) the Association of Computing Machinery;
                    (C) IEEE (formerly the Institute of Electrical and 
                Electronic Engineers);
                    (D) Carnegie Mellon Cylabs;
                    (E) the Edison Electric Institute;
                    (F) the National Telecommunication and Information 
                Administration;
                    (G) the Utilities Telecom Council;
                    (H) the US Oil and Gas Association;
                    (I) the American Chemistry Council;
                    (J) the American Fuel and Petrochemical 
                Manufacturers;
                    (K) the Pharmaceutical Research Manufacturers of 
                America; and
                    (L) the National Oceanic and Atmospheric 
                Administration.
            (4) Report.--The research task force shall provide a 
        research report to the Secretary on its findings and 
        recommendations 180 days after its establishment.
            (5) Critical infrastructure defined.--In this subsection, 
        the term ``critical infrastructure'' means infrastructure of--
                    (A) energy capture, refining, manufacturing, and 
                delivery systems;
                    (B) transportation and transportation systems;
                    (C) water and sewer capture, processing, and 
                delivery systems;
                    (D) healthcare systems, with respect to preventing 
                threats to the quality and safety of medicines, medical 
                devices, and delivery of life-saving health care 
                services;
                    (E) food production, processing, and delivery 
                systems;
                    (F) virtual and physical communication systems;
                    (G) financial systems; and
                    (H) the electricity grid.
    (d) Strategic Imperatives.--
            (1) In general.--The Secretary shall establish the 
        Strategic Research Imperatives Program, which shall have the 
        responsibility of leading the Department of Homeland Security's 
        Federal civilian agency approach to strengthen critical 
        infrastructure security and resilience.
            (2) Duties.--The duties of the program are the following:
                    (A) Collect data, refine and clarify functional 
                relationships across the Federal Government to advance 
                the national unity of effort to strengthen critical 
                infrastructure, terrorism prevention, security, and 
                resilience.
                    (B) Investigate effective measures that support 
                information exchange by identifying baseline data and 
                systems requirements for the Federal Government.
                    (C) Recommend methods to implement an integration 
                and analysis function to inform planning and operations 
                decisions regarding the protection of critical 
                infrastructure from terrorist threats.
    (e) Guidance.--The Secretary of Homeland Security shall make 
available research findings and guidance to Federal civilian department 
and agency heads (or their designees) for the identification, 
prioritization, assessment, remediation, and security of their 
respective internal critical infrastructure to assist in the 
prevention, mediation, and recovery from terrorism events.

SEC. 4. ROLES AND RESPONSIBILITIES.

    (a) Unity of Effort.--
            (1) In general.--The Secretary shall establish and appoint 
        a research working group that shall--
                    (A) study and make recommendations on how best to 
                achieve and implement national unity of effort to 
                protect against terrorism threats, through 
                investigation of strategic guidance from existing laws, 
                Presidential policy directives, and Executive orders; 
                and
                    (B) investigate the security and resilience of the 
                Nation's information assurance components that provide 
                protection against terrorism threats.
            (2) In-depth approach.--The research working group shall 
        also consider research by subject-matter experts on cyber 
        security in-depth approaches that study the following, and make 
        recommendations thereon to the Secretary:
                    (A) The program of the Department of Homeland 
                Security to secure Federal agencies and critical 
                infrastructure to create resilient secure computer 
                systems and networks.
                    (B) Cyber security preparedness of vendors, 
                contractors, or nongovernment agency entities that 
                provide computer-related support or services to 
                critical infrastructure owners and operators as well as 
                government agencies charged with securing them.
                    (C) Investigation of the feasibility of developing 
                industry- or sector-specific computer emergency rapid 
                response teams.
                    (D) The feasibility of the agency developing a 
                guest visiting security researchers program to provide 
                instruction to private sector and civilian agency 
                personnel responsible for cyber security.
            (3) Membership.--The research working group shall be 
        comprised of individuals with expertise and day-to-day 
        engagement from the sector-specific agency terrorism 
        prevention, remediation, and response experts, as well as the 
        specialized or support terrorism prevention capabilities of 
        other Federal departments and agencies, as well as experts who 
        engage in strong collaboration with critical infrastructure 
        owners and operators and SLTTs, and academic researchers with 
        in-depth knowledge in computing security.
    (b) Secretary of Homeland Security.--
            (1) In general.--The Secretary of Homeland Security shall 
        establish a research program to provide strategic guidance, 
        promote a national unity of effort, and coordinate the overall 
        Federal effort to promote the security and resilience of the 
        Nation's critical infrastructure from terrorist threats.
            (2) Additional roles and responsibilities.--Additional 
        roles and responsibilities for the Secretary of Homeland 
        Security include the following:
                    (A) Identify and prioritize critical 
                infrastructure, considering physical and cyber threats, 
                vulnerabilities, and consequences of terrorist attacks, 
                in coordination with SSAs and other Federal departments 
                and agencies.
                    (B) Maintain national terrorism critical 
                infrastructure centers that shall provide a situational 
                awareness capability that includes integrated, 
                actionable information about potential terrorist 
                trends, imminent terrorist threats, and the status of 
                terrorist incidents that may impact critical 
                infrastructure.
                    (C) In coordination with SSAs and other Federal 
                departments and agencies, provide analysis, expertise, 
                and other technical assistance to critical 
                infrastructure owners and operators on terrorism 
                prevention security protocols and facilitate access to 
                and exchange of information and intelligence necessary 
                to strengthen the security and resilience of critical 
                infrastructure.
                    (D) Conduct comprehensive assessments of the 
                vulnerabilities of the Nation's critical infrastructure 
                in coordination with the SSAs and in collaboration with 
                SLTTs and critical infrastructure owners and operators.
                    (E) Coordinate Federal Government responses to 
                cyber or physical terrorism incidents affecting 
                critical infrastructure consistent with statutory 
                authorities.
                    (F) Support the Attorney General and law 
                enforcement agencies with their responsibilities to 
                investigate and prosecute threats to and terrorist 
                attacks against critical infrastructure.
                    (G) Coordinate with and utilize the expertise of 
                SSAs and other appropriate Federal departments and 
                agencies to map geospatially, image, analyze, and sort 
                critical infrastructure by employing commercial 
                satellite and airborne systems, as well as existing 
                capabilities within other departments and agencies.
                    (H) Report annually to Congress on the status of 
                national critical infrastructure efforts to meet the 
                objectives of this section.
    (c) Sector-Specific Agencies.--Recognizing existing statutory or 
regulatory authorities of specific Federal departments and agencies, 
and leveraging existing sector familiarity and relationships, the head 
of each SSA shall carry out the following roles and responsibilities 
for their respective sectors:
            (1) Serve as a day-to-day Federal interface for the dynamic 
        prioritization and coordination of sector-specific activities 
        related to cyber security critical infrastructure protection 
        from terrorism.
            (2) Carry out terrorism incident management 
        responsibilities consistent with statutory authority and other 
        appropriate policies, directives, or regulations.
            (3) Provide, support, or facilitate technical assistance 
        and consultations for such sectors to identify vulnerabilities 
        and help mitigate terrorism incidents, as appropriate.
    (d) Research and Report on Best Practices for Coordinating.--The 
Secretary shall conduct research and submit a report to Congress not 
later than 180 days after the date of the enactment of this Act on the 
best practices for coordinating with civilian agencies, private sector 
critical infrastructure owners, local, State, tribal, and territorial 
agencies, other relevant Federal departments and agencies, where 
appropriate with independent regulatory agencies, and SLTTs, as 
appropriate, to implement this Act.

SEC. 5. STRATEGIC IMPERATIVES.

    (a) Research and Report on the Most Efficient Means for Information 
Exchange by Identifying Baseline Data and Systems Requirements for the 
Federal Government.--The Secretary shall facilitate the timely exchange 
of terrorism threat and vulnerability information as well as 
information that allows for the development of a situational awareness 
capability for Federal civilian agencies during terrorist incidents. 
The goal of such facilitation is to enable efficient information 
exchange through the identification of requirements for data and 
information formats and accessibility, system interoperability, and 
redundant systems and alternate capabilities should there be a 
disruption in the primary systems.
    (b) Implementation of an Integration and Analysis Function To 
Inform Planning and Operational Decisions Regarding the Protection of 
Critical Infrastructure From Terrorism Events.--The Secretary of 
Homeland Security shall implement an integration and analysis function 
for critical infrastructure that includes operational and strategic 
analysis on terrorism incidents, threats, and emerging risks. Such 
function shall include establishment by the Secretary of 2 national 
centers to accomplish the following:
            (1) Implement a capability to collate, assess, and 
        integrate vulnerability and consequence information with threat 
        streams and hazard information to--
                    (A) aid in prioritizing assets and managing risks 
                to critical infrastructure;
                    (B) determine the staffing and professional need 
                for cyber security critical infrastructure protection;
                    (C) determine the agency staffing needed and to 
                support cyber security critical infrastructure 
                protection and report the findings to Congress;
                    (D) research and report findings regarding the 
                feasibility of exploring terrorist incident 
                correlations between critical infrastructure damage, 
                destruction, and diminished capacity, and what occurs 
                during certain natural disasters;
                    (E) anticipate interdependencies and cascading 
                impacts related to cyber telecommunications failures;
                    (F) recommend security and resilience measures for 
                critical infrastructure prior to, during, and after a 
                terrorism event or incident;
                    (G) support post-terrorism incident management and 
                restoration efforts related to critical infrastructure; 
                and
                    (H) make recommendations on preventing the collapse 
                or serious degrading of the telecommunication 
                capability in an area impacted by a terrorism event.
            (2) Support the Department of Homeland Security's ability 
        to maintain and share, as a common Federal service, a near 
        real-time situational awareness capability for critical 
        infrastructure that includes actionable information about 
        imminent terrorist threats, significant trends, and awareness 
        of incidents that may affect critical infrastructure.

SEC. 6. PROTECTION OF PRIVACY AND CIVIL LIBERTIES.

    (a) In General.--The Secretary of Homeland Security shall support 
greater terrorism cyber security information sharing by civilian 
Federal agencies with the private sector that protects constitutional 
privacy and civil liberties rights. The heads of Federal departments 
and agencies shall ensure that all existing privacy principles, 
policies, and procedures are implemented consistent with applicable law 
and policy and shall include senior agency officials for privacy in 
their efforts to govern and oversee terrorism program information 
sharing properly.
    (b) Ensuring Independence of Privacy Officer.--
            (1) In general.--Section 222 of the Homeland Security Act 
        of 2002 (6 U.S.C. 142) is amended--
                    (A) in subsection (a), by striking so much as 
                precedes paragraph (1) and inserting the following:
    ``(a) In General.--There shall be in the Department a Privacy 
Officer who shall be appointed by the President, by and with the advice 
and consent of the Senate. The Privacy Officer shall report directly to 
the Secretary, and shall have primary responsibility in the Department 
for privacy policy, including--'';
                    (B) by striking ``senior official appointed under 
                subsection (a)'' each place it appears and inserting 
                ``Privacy Officer'';
                    (C) in subsection (b)(1)(A), by striking ``senior 
                official'' and inserting ``Privacy Officer'';
                    (D) in subsection (b)(1)(B), by striking ``senior 
                official's'' and inserting ``Privacy Officer's'';
                    (E) in subsection (b)(1)(C), by striking ``senior 
                official'' and inserting ``Privacy Officer'';
                    (F) in subsection (b)(1)(D), by striking ``senior 
                official'' and inserting ``Privacy Officer'';
                    (G) in subsection (c)(2)(B), by striking ``senior 
                official'' each place it appears and inserting 
                ``Privacy Officer'';
                    (H) in the heading for subsection (c)(2)(B)(iii), 
                by striking ``by senior official'';
                    (I) in subsection (d), by striking ``the senior 
                official appointed under subsection (a) or transfers 
                that senior official to another position or location 
                within the Department'' and inserting ``individual 
                appointed as Privacy Officer'';
                    (J) in the heading for subsection (e), by striking 
                ``by Senior Official''; and
                    (K) in subsection (e)--
                            (i) by striking ``senior official'' and 
                        inserting ``Privacy Officer''; and
                            (ii) by striking ``senior official's'' each 
                        place it appears and inserting ``Privacy 
                        Officer''.
            (2) Continued service.--The senior official serving as the 
        Privacy Officer of the Department of Homeland Security 
        immediately before the enactment of this Act may continue to 
        act as the Privacy Officer until a successor is appointed in 
        accordance with the amendments made by this subsection.

SEC. 7. INNOVATION AND RESEARCH AND DEVELOPMENT.

    The Secretary of Homeland Security may consult with other Federal 
departments and agencies to produce and submit to congressional 
oversight committees a report on how best to align federally funded 
research and development activities that seek to strengthen the 
security and resilience of the Nation's critical infrastructure, 
including--
            (1) promoting research and development to enable the secure 
        and resilient design and construction of critical 
        infrastructure and more secure accompanying cyber technology;
            (2) enhancing modeling capabilities to determine potential 
        impacts on critical infrastructure of an incident or threat 
        scenario, and cascading effects on other sectors;
            (3) facilitating initiatives to incentivize cyber security 
        investments and the adoption of critical infrastructure design 
        features that strengthen all-hazards security and resilience; 
        and
            (4) prioritizing efforts to support the strategic guidance 
        issued by the Secretary of Homeland Security.

SEC. 8. IMPLEMENTATION BY DEPARTMENT OF HOMELAND SECURITY.

    (a) Critical Infrastructure Terrorism Prevention Security and 
Computer Network Resilience Functional Relationships.--
            (1) In general.--Within 120 days after the date of the 
        enactment of this Act, the Secretary of Homeland Security shall 
        conduct research and develop a description of the functional 
        relationships within the Department of Homeland Security and 
        across the Federal Government related to critical 
        infrastructure security and resilience. The description shall--
                    (A) include the roles and functions of the 2 
                national critical infrastructure centers and a 
                discussion of the analysis and integration function;
                    (B) serve as a roadmap for critical infrastructure 
                owners and operators and SLTTs to navigate the Federal 
                Government's functions and primary points of contact 
                assigned to those functions for critical infrastructure 
                security and resilience against both physical and cyber 
                threats; and
                    (C) include identification of every contact within 
                the Federal Government for critical infrastructure 
                protection security and resilience, by company and 
                industry.
            (2) Coordination.--The Secretary shall prepare a report on 
        efforts to coordinate this effort with the SSAs and other 
        relevant Federal departments and agencies.
            (3) Provision to president.--The Secretary shall provide 
        the description, supported by agency-conducted research, to the 
        President through the Assistant to the President for Homeland 
        Security and Counterterrorism, and to the relevant 
        congressional homeland security oversight committees.
    (b) Evaluation of the Existing Public-Private Partnership Model.--
            (1) In general.--Within 150 days after the date of the 
        enactment of this Act, the Secretary of Homeland Security, in 
        coordination with the SSAs, other relevant Federal departments 
        and agencies, SLTTs, and critical infrastructure owners and 
        operators, shall conduct an analysis of the existing public-
        private partnership model, evaluate its effectiveness, and 
        recommend options for improving the effectiveness of the 
        partnership in both the physical and cyber space.
            (2) Contents.--The research and recommendations shall--
                    (A) consider options to streamline or automate (or 
                both) processes for collaboration and exchange of 
                terrorism-related information and to minimize 
                duplication of effort;
                    (B) consider how the model for terrorism 
                information exchange can be flexible and adaptable to 
                meet the unique needs of individual critical 
                infrastructure sectors while providing a focused, 
                disciplined, and effective approach for the Federal 
                Government to coordinate with the critical 
                infrastructure owners and operators and with SLTTs 
                governments; and
                    (C) result in recommendations to enhance 
                partnerships to be approved for implementation by the 
                President.
    (c) Identification of Baseline Data and Systems Requirements for 
the Federal Government To Enable Efficient Information Exchange.--
            (1) In general.--Within 18 months after the date of the 
        enactment of this Act, the Secretary of Homeland Security, in 
        coordination with the SSAs and other Federal departments and 
        agencies, shall convene a team of researchers to identify 
        baseline data and systems requirements--
                    (A) to enable the efficient exchange of terrorism 
                information and intelligence relevant to strengthening 
                the security and resilience of critical infrastructure; 
                and
                    (B) for sharing of data and interoperability of 
                systems to enable the timely exchange of terrorism or 
                terrorist threat data and information to secure 
                critical infrastructure and make it more resilient.
            (2) Experts included.--The experts shall include 
        representatives from--
                    (A) those entities that routinely possess 
                information important to critical infrastructure 
                security and resilience;
                    (B) those entities that determine and manage 
                information technology systems used to exchange 
                information; and
                    (C) those entities responsible for the security of 
                information being exchanged.
            (3) Analysis.--Analysis by such team of experts shall 
        include--
                    (A) interoperability with critical infrastructure 
                partners;
                    (B) identification of key data and the information 
                requirements of key Federal, SLTT, and private sector 
                entities;
                    (C) availability, accessibility, and formats of 
                data;
                    (D) the ability to exchange various classifications 
                of information;
                    (E) the security of those systems to be used; and
                    (F) appropriate protections for individual privacy 
                and civil liberties.
            (4) Provision to president.--The Secretary shall provide 
        such analysis to the President through the Assistant to the 
        President for Homeland Security and Counterterrorism, and to 
        congressional homeland security oversight committees.
    (d) Develop a Research Program To Inform the Agency of a 
Situational Awareness Capability for Critical Infrastructure.--Within 2 
years after the date of the enactment of this Act, the Secretary of 
Homeland Security shall demonstrate a near real-time situational 
awareness, research-based pilot project for critical infrastructure 
that--
            (1) includes threat streams and all-hazards information as 
        well as vulnerabilities;
            (2) provides the status of critical infrastructure and 
        potential cascading effects;
            (3) supports decisionmaking;
            (4) disseminates critical information that may be needed to 
        save or sustain lives, mitigate damage, or reduce further 
        degradation of a critical infrastructure capability throughout 
        an incident; and
            (5) is available for and covers physical and cyber elements 
        of critical infrastructure, and enables an integration of 
        information as necessitated by an incident.
    (e) Update to National Infrastructure Protection Plan.--
            (1) In general.--Within 18 months after the date of the 
        enactment of this Act, the Secretary of Homeland Security shall 
        provide to the President, through the Assistant to the 
        President for Homeland Security and Counterterrorism and the 
        congressional homeland security oversight committees, a 
        research report that outlines the National Infrastructure 
        Protection Plan to address the implementation of this Act, the 
        requirements of title II of the Homeland Security Act of 2002 
        (6 U.S.C. 121 et seq.), and alignment with the National 
        Preparedness Goal and System required by Presidential Policy 
        Directive 8.
            (2) Contents.--The plan shall include--
                    (A) identification of a risk management framework 
                to be used to strengthen the security and resilience of 
                critical infrastructure against terrorist threats;
                    (B) the methods to be used to prioritize critical 
                infrastructure in the event of a terrorism event that 
                impacts multiple infrastructure systems;
                    (C) the protocols to be used to synchronize 
                communication and actions within the Federal Government 
                to effectively respond to critical infrastructure 
                terrorist threats or events; and
                    (D) a metrics and analysis process to be used to 
                measure the Nation's ability to manage and reduce 
                terrorism risks to critical infrastructure.
            (3) Relationship to other provisions.--The plan shall 
        reflect the terrorism threat identification, prevention, 
        mediation, and recovery relationships within the Department of 
        Homeland Security and across the Federal Government identified 
        under this Act and the updates to the public-private 
        partnership model under this Act.
            (4) Energy and communication systems.--The plan shall 
        consider sector dependencies on energy and communications 
        systems during a terrorism event, and identify pre-event and 
        mitigation measures or alternate capabilities during 
        disruptions to those systems.
            (5) Coordination.--The Secretary shall coordinate 
        activities under this subsection with the SSAs, other relevant 
        Federal departments and agencies, SLTTs, and critical 
        infrastructure owners and operators.
            (6) Response plans.--The plan shall include an analysis of 
        the feasibility of developing terrorism response plans, based 
        on research conducted on the resilience of critical 
        infrastructure when faced with terrorism threats, that focus on 
        action plans to achieve a level of function and eventual 
        recovery of full operability of critical infrastructure post-
        cyber attack.
    (f) National Critical Infrastructure Security and Resilience R&D 
Plan.--Within 2 years after the date of the enactment of this Act, the 
Secretary of Homeland Security, in coordination with the Office of 
Science and Technology Policy, the SSAs, the Department of Commerce, 
and other Federal departments and agencies, shall provide to the 
President, through the Assistant to the President for Homeland Security 
and Counterterrorism, a National Critical Infrastructure Security and 
Resilience Research and Development Plan that takes into account the 
evolving threat landscape, annual metrics, and other relevant 
information to identify priorities and guide research and development 
requirements and investments. The Secretary shall reissue the plan 
every 4 years after its initial issuance, and make interim updates as 
needed.
    (g) Consistency in PPD-1.--Policy coordination, dispute resolution, 
and periodic in-progress reviews for the implementation of this Act 
shall be carried out consistent with Presidential Policy Directive 1, 
including the use of interagency policy committees coordinated by the 
national security staff.
    (h) Relationship to Other Authorities.--Nothing in this Act alters, 
supersedes, or impedes the authorities of Federal departments and 
agencies, including independent regulatory agencies, to carry out their 
functions and duties consistent with applicable legal authorities and 
other Presidential guidance and directives, including the designation 
of critical infrastructure under such authorities.

SEC. 9. DESIGNATION OF CRITICAL INFRASTRUCTURE SECTORS AND SECTOR-
              SPECIFIC AGENCIES.

    (a) Designation.--
            (1) In general.--For purposes of this Act, the Secretary of 
        Homeland Security shall determine which critical infrastructure 
        sectors and sector specific agencies for such sectors should be 
        engaged in efforts to detect, deter, mitigate, and lead 
        recovery efforts related to terrorist incidents.
            (2) Cultivation of relationships.--The Secretary shall 
        evaluate the appropriate relationships among Federal agencies, 
        SSAs, SLTTs, and critical infrastructure owners and operators 
        to establish the most effective defense against terrorist 
        attacks.
    (b) Function.--The Secretary shall provide institutional knowledge 
and specialized expertise to lead, facilitate, or support security and 
resilience programs and associated terrorism prevention activities with 
respect to sectors designated under subsection (a)(1).
    (c) Changes.--The Secretary of Homeland Security shall periodically 
evaluate the need for and make changes to plans and evaluations made 
under this section. The Secretary shall consult with the Assistant to 
the President for Homeland Security and Counterterrorism and 
congressional homeland security oversight committees before changing 
the designation of a critical infrastructure sector or SSA for a 
sector.
    (d) Reports.--The Secretary of Homeland Security shall seek 
periodic research reports on critical infrastructure protection from 
Federal agencies as considered necessary by the Secretary.

SEC. 10. EVALUATION OF ACHIEVEMENT OF OBJECTIVES.

    (a) In General.--The National Research Council, beginning 12 months 
after the date of enactment of this Act, shall evaluate how well the 
Department of Homeland Security is meeting the objectives of this Act.
    (b) Included Subjects.--The review shall include evaluation of--
            (1) cyber security threats to critical infrastructure;
            (2) the success of Department programs in implementing 
        section 8; and
            (3) the long-term vulnerabilities faced by the Department, 
        other Federal agencies, and critical infrastructure managers 
        and owners.
    (c) Completion.--The Council shall complete the review by not later 
than the end of the 18-month period beginning on the date of enactment 
of this Act, except that the Secretary of Homeland Security may extend 
such period.
    (d) Report.--Upon the completion of the review, the Council shall 
submit to the Secretary a report on the findings of the review, 
including recommendations based on such findings.

SEC. 11. DEFINITIONS.

    For purposes of this Act:
            (1) All hazards.--The term ``all hazards'' means a threat 
        or an incident, natural or manmade, that warrants action to 
        protect life, property, the environment, and public health or 
        safety, and to minimize disruptions of government, social, or 
        economic activities. The term includes natural disasters, cyber 
        incidents, industrial accidents, pandemics, acts of terrorism, 
        sabotage, and destructive criminal activity targeting critical 
        infrastructure.
            (2) Collaboration.--The term ``collaboration'' means the 
        process of working together to achieve shared goals.
            (3) Critical infrastructure.--The term ``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.
            (4) Federal departments and agencies.--The term ``Federal 
        departments and agencies'' means any authority of the United 
        States that is an ``agency'' under section 3502(1) of title 44, 
        United States Code, other than those considered to be 
        independent regulatory agencies as defined in section 3502(5) 
        of such title.
            (5) National essential functions.--The term ``national 
        essential functions'' means that subset of Government functions 
        that are necessary to lead and sustain the Nation during a 
        catastrophic emergency.
            (6) Primary mission essential functions.--The term 
        ``primary mission essential functions'' means those Government 
        functions that must be performed in order to support or 
        implement the performance of the national essential functions 
        before, during, and in the aftermath of an emergency.
            (7) Resilience.--The term ``resilience'' means the ability 
        to prepare for and adapt to changing conditions and withstand 
        and recover rapidly from disruptions. The term includes the 
        ability to withstand and recover from deliberate attacks, 
        accidents, or naturally occurring threats or incidents.
            (8) Sector-specific agency; ssa.--The terms ``sector-
        specific agency'' and ``SSA'' mean the Federal department or 
        agency designated under this Act for a critical infrastructure 
        sector.
            (9) Secure; security.--The terms ``secure'' and 
        ``security'' mean reducing the risk to critical infrastructure 
        by physical means or defense cyber measures to intrusions, 
        attacks, or the effects of natural or manmade disasters.
            (10) SLTT.--The term ``SLTT'' means State, local, tribal, 
        and territorial entities.
                                 <all>