II

107TH CONGRESS

1ST SESSION S. 1407

To establish a national competence for critical infrastructure protection, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 5, 2001

Mr. DOMENICI introduced the following bill; which was read twice and referred

to the Committee on Armed Services

A BILL

To establish a national competence for critical infrastructure

protection, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Critical Infrastructures

5 Protection Act of 2001’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:

8 (1) The Information revolution has transformed

9 the conduct of business and the operations of gov10 ernment as well as the infrastructure relied upon for
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1 the defense and national security of the United

2 States.

3 (2) Private business, government, and the na4 tional security apparatus increasingly depend on an

5 interdependent network of critical physical and in6 formation infrastructures, including telecommuni7 cations, energy, financial services, water, and trans8 portation sectors.

9 (3) A continuous national effort is required to

10 ensure the reliable provision of cyber and physical

11 infrastructure services critical to maintaining the na12 tional defense, continuity of government, economic

13 prosperity, and quality of life in the United States.

14 (4) This national effort requires extensive mod15 eling and analytic capabilities for purposes of evalu16 ating appropriate mechanisms to ensure the stability

17 of these complex and interdependent systems, and to

18 underpin policy recommendations, so as to achieve

19 the continuous viability and adequate protection of

20 the critical infrastructure of the nation.

21 SEC. 3. POLICY OF THE UNITED STATES.

22 It is the policy of the United States—

23 (1) that any physical or virtual disruption of

24 the operation of the critical infrastructures of the

25 United States be rare, brief, geographically limited
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1 in effect, manageable, and minimally detrimental to

2 the economy, essential human and government serv3 ices, and national security of the United States;

4 (2) that actions necessary to achieve the policy

5 stated in paragraph (1) be carried out in a public6 private partnership involving corporate and non-gov7 ernmental organizations; and

8 (3) to have in place a comprehensive and effec9 tive program to ensure the continuity of essential

10 Federal Government functions under all cir11 cumstances.

12 SEC. 4. ESTABLISHMENT OF NATIONAL COMPETENCE FOR

13 CRITICAL INFRASTRUCTURE PROTECTION.

14 (a) SUPPORT OF CRITICAL INFRASTRUCTURE PRO15 TECTION AND CONTINUITY BY NATIONAL INFRASTRUC16 TURE SIMULATION AND ANALYSIS CENTER.—

17 (1) IN GENERAL.—The National Infrastructure

18 Simulation and Analysis Center (NISAC) shall pro19 vide support for the activities of the President’s

20 Critical Infrastructure Protection and Continuity

21 Board under Executive Order ll.

22 (2) PARTICULAR SUPPORT.—The support pro23 vided for the Board under paragraph (1) shall in24 clude the following:
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1 (A) Modeling, simulation, and analysis of

2 the systems comprising critical infrastructures,

3 including cyber infrastructure, telecommuni4 cations infrastructure, and physical infrastruc5 ture, in order to enhance understanding of the

6 large-scale complexity of such systems and to

7 facilitate modification of such systems to miti8 gate the threats to such systems and to critical

9 infrastructures generally.

10 (B) Acquisition from State and local gov11 ernments and the private sector of data nec12 essary to create and maintain models of such

13 systems and of critical infrastructures gen14 erally.

15 (C) Utilization of modeling, simulation,

16 and analysis under subparagraph (A) to provide

17 education and training to members of the

18 Board, and other policymakers, on matters re19 lating to—

20 (i) the analysis conducted under that

21 subparagraph;

22 (ii) the implications of unintended or

23 unintentional disturbances to critical infra24 structures; and
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1 (iii) responses to incidents or crises

2 involving critical infrastructures, including

3 the continuity of government and private

4 sector activities through and after such in5 cidents or crises.

6 (D) Utilization of modeling, simulation,

7 and analysis under subparagraph (A) to provide

8 recommendations to members of the Board and

9 other policymakers, and to departments and

10 agencies of the Federal Government and private

11 sector persons and entities upon request, re12 garding means of enhancing the stability of,

13 and preserving, critical infrastructures.

14 (3) RECIPIENT OF CERTAIN SUPPORT.—Mod15 eling, simulation, and analysis provided under this

16 subsection to the Board shall be provided, in par17 ticular, to the Infrastructure Interdependencies com18 mittee of the Board under section 9(c)(8) of the Ex19 ecutive Order referred to in paragraph (1).

20 (b) ACTIVITIES OF PRESIDENT’S CRITICAL INFRA21 STRUCTURE PROTECTION AND CONTINUITY BOARD.—

22 The Board shall provide to the Center appropriate infor23 mation on the critical infrastructure requirements of each

24 Federal agency for purposes of facilitating the provision
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1 of support by the Center for the Board under subsection

2 (a).

3 SEC. 5. CRITICAL INFRASTRUCTURE DEFINED.

4 In this Act, the term ‘‘critical infrastructure’’ means

5 systems and assets, whether physical or virtual, so vital

6 to the United States that the incapacity or destruction of

7 such systems and assets would have a debilitating impact

8 on national security, national economic security, national

9 public health or safety, or any combination of those mat10 ters.

11 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

12 There is hereby authorized for the Department of De13 fense for fiscal year 2002, $8,000,000 for the Defense

14 Threat Reduction Agency for activities of the National In15 frastructure Simulation and Analysis Center under section

16 4 in that fiscal year.

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