I 

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. 

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 ‘‘Terrorism Prevention 

5 and Critical Infrastructure Protection Act of 2015’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) The Nation’s critical infrastructure provides 

9 the essential services that underpin American soci10 ety. Proactive and coordinated efforts are necessary 


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1 to strengthen and maintain secure, functioning, and 

2 resilient critical infrastructure, including assets, net3 works, and systems, that are vital to public con4 fidence and the Nation’s safety, prosperity, and well5 being. 

6 (2) The Nation’s critical infrastructure is di7 verse and complex. It includes distributed networks, 

8 varied organizational structures and operating mod9 els (including multinational ownership), inter10 dependent functions and systems in both the phys11 ical space and cyber space, and governance con12 structs that involve multilevel authorities, respon13 sibilities, and regulations. Critical infrastructure 

14 owners and operators are uniquely positioned to 

15 manage risks to their individual operations and as16 sets, and to determine effective strategies to make 

17 them more secure and resilient. 

18 (3) Critical infrastructure must be secured 

19 against terrorist attacks, and must be designed and 

20 maintained in such a way as to withstand and re21 cover quickly in the event of an attack. Achieving 

22 this will require integration with the national pre23 paredness system across prevention, protection, miti24 gation, response, and recovery efforts. 


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1 SEC. 3. POLICY. 

2 (a) SECURITY AND RESILIENCE.—The Secretary of 

3 Homeland Security shall work with critical infrastructure 

4 owners and operators and SLTTs to take proactive steps 

5 to manage risk and strengthen the security and resilience 

6 of the Nation’s critical infrastructure against terrorist at7 tacks that could have a debilitating impact on national se8 curity, economic stability, public health and safety, or any 

9 combination thereof. Such efforts shall seek to reduce 

10 vulnerabilities, minimize consequences, identify and dis11 rupt terrorism threats, and hasten response and recovery 

12 efforts related to critical infrastructure. 

13 (b) INTERNATIONAL PARTNERS.—The Secretary 

14 shall, in consultation with appropriate Federal agencies, 

15 establish terrorism prevention policy to engage with inter16 national partners to strengthen the security and resilience 

17 of domestic critical infrastructure and critical infrastruc18 ture located outside of the United States on which the Na19 tion depends. 

20 (c) INTEGRATED, HOLISTIC APPROACH.— 

21 (1) RESEARCH TASK FORCE.—The Secretary 

22 shall establish a research task force to conduct re23 search into the best means and methods to address 

24 the security and resilience of critical infrastructure 

25 in an integrated, holistic manner to reflect critical 


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1 infrastructure’s interconnectedness and interdepend2 ency. 

3 (2) DUTIES OF THE RESEARCH TASK FORCE.— 

4 The research task force shall provide the Secretary 

5 with— 

6 (A) a list of critical infrastructure; 

7 (B) the degree the critical infrastructure is 

8 reliant upon other infrastructure; 

9 (C) the cyber preparedness of suppliers, 

10 contractors, or service providers of critical in11 frastructure; 

12 (D) programs, projects, or professional de13 velopment for persons responsible for the secu14 rity and operation of critical infrastructure; and 

15 (E) vulnerabilities and threats that are 

16 found in software systems, firewalls, applica17 tions, and methods of accessing systems. 

18 (3) MEMBERSHIP.—The research task force 

19 shall consist of 19 members appointed by the Sec20 retary. The Secretary shall appoint one member to 

21 represent each of— 

22 (A) the National Institutes of Standards 

23 and Technology; 

24 (B) the Association of Computing Machin25 ery; 


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1 (C) IEEE (formerly the Institute of Elec2 trical and Electronic Engineers); 

3 (D) Carnegie Mellon Cylabs; 

4 (E) the Edison Electric Institute; 

5 (F) the National Telecommunication and 

6 Information Administration; 

7 (G) the Utilities Telecom Council; 

8 (H) the US Oil and Gas Association; 

9 (I) the American Chemistry Council; 

10 (J) the American Fuel and Petrochemical 

11 Manufacturers; 

12 (K) the Pharmaceutical Research Manu13 facturers of America; and 

14 (L) the National Oceanic and Atmospheric 

15 Administration. 

16 (4) REPORT.—The research task force shall 

17 provide a research report to the Secretary on its 

18 findings and recommendations 180 days after its es19 tablishment. 

20 (5) CRITICAL INFRASTRUCTURE DEFINED.—In 

21 this subsection, the term ‘‘critical infrastructure’’ 

22 means infrastructure of— 

23 (A) energy capture, refining, manufac24 turing, and delivery systems; 


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1 (B) transportation and transportation sys2 tems; 

3 (C) water and sewer capture, processing, 

4 and delivery systems; 

5 (D) healthcare systems, with respect to 

6 preventing threats to the quality and safety of 

7 medicines, medical devices, and delivery of life8 saving health care services; 

9 (E) food production, processing, and deliv10 ery systems; 

11 (F) virtual and physical communication 

12 systems; 

13 (G) financial systems; and 

14 (H) the electricity grid. 

15 (d) STRATEGIC IMPERATIVES.— 

16 (1) IN GENERAL.—The Secretary shall establish 

17 the Strategic Research Imperatives Program, which 

18 shall have the responsibility of leading the Depart19 ment of Homeland Security’s Federal civilian agency 

20 approach to strengthen critical infrastructure secu21 rity and resilience. 

22 (2) DUTIES.—The duties of the program are 

23 the following: 

24 (A) Collect data, refine and clarify func25 tional relationships across the Federal GovernVerDate Sep 11 2014 20:16 Jan 10, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H85.IH H85

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1 ment to advance the national unity of effort to 

2 strengthen critical infrastructure, terrorism pre3 vention, security, and resilience. 

4 (B) Investigate effective measures that 

5 support information exchange by identifying 

6 baseline data and systems requirements for the 

7 Federal Government. 

8 (C) Recommend methods to implement an 

9 integration and analysis function to inform 

10 planning and operations decisions regarding the 

11 protection of critical infrastructure from ter12 rorist threats. 

13 (e) GUIDANCE.—The Secretary of Homeland Secu14 rity shall make available research findings and guidance 

15 to Federal civilian department and agency heads (or their 

16 designees) for the identification, prioritization, assess17 ment, remediation, and security of their respective internal 

18 critical infrastructure to assist in the prevention, medi19 ation, and recovery from terrorism events. 

20 SEC. 4. ROLES AND RESPONSIBILITIES. 

21 (a) UNITY OF EFFORT.— 

22 (1) IN GENERAL.—The Secretary shall establish 

23 and appoint a research working group that shall— 

24 (A) study and make recommendations on 

25 how best to achieve and implement national 


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1 unity of effort to protect against terrorism 

2 threats, through investigation of strategic guid3 ance from existing laws, Presidential policy di4 rectives, and Executive orders; and 

5 (B) investigate the security and resilience 

6 of the Nation’s information assurance compo7 nents that provide protection against terrorism 

8 threats. 

9 (2) IN-DEPTH APPROACH.—The research work10 ing group shall also consider research by subject11 matter experts on cyber security in-depth approaches 

12 that study the following, and make recommendations 

13 thereon to the Secretary: 

14 (A) The program of the Department of 

15 Homeland Security to secure Federal agencies 

16 and critical infrastructure to create resilient se17 cure computer systems and networks. 

18 (B) Cyber security preparedness of ven19 dors, contractors, or nongovernment agency en20 tities that provide computer-related support or 

21 services to critical infrastructure owners and 

22 operators as well as government agencies 

23 charged with securing them. 


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1 (C) Investigation of the feasibility of devel2 oping industry- or sector-specific computer 

3 emergency rapid response teams. 

4 (D) The feasibility of the agency devel5 oping a guest visiting security researchers pro6 gram to provide instruction to private sector 

7 and civilian agency personnel responsible for 

8 cyber security. 

9 (3) MEMBERSHIP.—The research working 

10 group shall be comprised of individuals with exper11 tise and day-to-day engagement from the sector-spe12 cific agency terrorism prevention, remediation, and 

13 response experts, as well as the specialized or sup14 port terrorism prevention capabilities of other Fed15 eral departments and agencies, as well as experts 

16 who engage in strong collaboration with critical in17 frastructure owners and operators and SLTTs, and 

18 academic researchers with in-depth knowledge in 

19 computing security. 

20 (b) SECRETARY OF HOMELAND SECURITY.— 

21 (1) IN GENERAL.—The Secretary of Homeland 

22 Security shall establish a research program to pro23 vide strategic guidance, promote a national unity of 

24 effort, and coordinate the overall Federal effort to 


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1 promote the security and resilience of the Nation’s 

2 critical infrastructure from terrorist threats. 

3 (2) ADDITIONAL ROLES AND RESPONSIBIL4 ITIES.—Additional roles and responsibilities for the 

5 Secretary of Homeland Security include the fol6 lowing: 

7 (A) Identify and prioritize critical infra8 structure, considering physical and cyber 

9 threats, vulnerabilities, and consequences of ter10 rorist attacks, in coordination with SSAs and 

11 other Federal departments and agencies. 

12 (B) Maintain national terrorism critical in13 frastructure centers that shall provide a situa14 tional awareness capability that includes inte15 grated, actionable information about potential 

16 terrorist trends, imminent terrorist threats, and 

17 the status of terrorist incidents that may im18 pact critical infrastructure. 

19 (C) In coordination with SSAs and other 

20 Federal departments and agencies, provide 

21 analysis, expertise, and other technical assist22 ance to critical infrastructure owners and oper23 ators on terrorism prevention security protocols 

24 and facilitate access to and exchange of infor25 mation and intelligence necessary to strengthen 


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1 the security and resilience of critical infrastruc2 ture. 

3 (D) Conduct comprehensive assessments of 

4 the vulnerabilities of the Nation’s critical infra5 structure in coordination with the SSAs and in 

6 collaboration with SLTTs and critical infra7 structure owners and operators. 

8 (E) Coordinate Federal Government re9 sponses to cyber or physical terrorism incidents 

10 affecting critical infrastructure consistent with 

11 statutory authorities. 

12 (F) Support the Attorney General and law 

13 enforcement agencies with their responsibilities 

14 to investigate and prosecute threats to and ter15 rorist attacks against critical infrastructure. 

16 (G) Coordinate with and utilize the exper17 tise of SSAs and other appropriate Federal de18 partments and agencies to map geospatially, 

19 image, analyze, and sort critical infrastructure 

20 by employing commercial satellite and airborne 

21 systems, as well as existing capabilities within 

22 other departments and agencies. 

23 (H) Report annually to Congress on the 

24 status of national critical infrastructure efforts 

25 to meet the objectives of this section. 


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1 (c) SECTOR-SPECIFIC AGENCIES.—Recognizing exist2 ing statutory or regulatory authorities of specific Federal 

3 departments and agencies, and leveraging existing sector 

4 familiarity and relationships, the head of each SSA shall 

5 carry out the following roles and responsibilities for their 

6 respective sectors: 

7 (1) Serve as a day-to-day Federal interface for 

8 the dynamic prioritization and coordination of sec9 tor-specific activities related to cyber security critical 

10 infrastructure protection from terrorism. 

11 (2) Carry out terrorism incident management 

12 responsibilities consistent with statutory authority 

13 and other appropriate policies, directives, or regula14 tions. 

15 (3) Provide, support, or facilitate technical as16 sistance and consultations for such sectors to iden17 tify vulnerabilities and help mitigate terrorism inci18 dents, as appropriate. 

19 (d) RESEARCH AND REPORT ON BEST PRACTICES

20 FOR COORDINATING.—The Secretary shall conduct re21 search and submit a report to Congress not later than 180 

22 days after the date of the enactment of this Act on the 

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1 ments and agencies, where appropriate with independent 

2 regulatory agencies, and SLTTs, as appropriate, to imple3 ment this Act. 

4 SEC. 5. STRATEGIC IMPERATIVES. 

5 (a) RESEARCH AND REPORT ON THE MOST EFFI6 CIENT MEANS FOR INFORMATION EXCHANGE BY IDENTI7 FYING BASELINE DATA AND SYSTEMS REQUIREMENTS

8 FOR THE FEDERAL GOVERNMENT.—The Secretary shall 

9 facilitate the timely exchange of terrorism threat and vul10 nerability information as well as information that allows 

11 for the development of a situational awareness capability 

12 for Federal civilian agencies during terrorist incidents. 

13 The goal of such facilitation is to enable efficient informa14 tion exchange through the identification of requirements 

15 for data and information formats and accessibility, system 

16 interoperability, and redundant systems and alternate ca17 pabilities should there be a disruption in the primary sys18 tems. 

19 (b) IMPLEMENTATION OF AN INTEGRATION AND

20 ANALYSIS FUNCTION TO INFORM PLANNING AND OPER21 ATIONAL DECISIONS REGARDING THE PROTECTION OF

22 CRITICAL INFRASTRUCTURE FROM TERRORISM

23 EVENTS.—The Secretary of Homeland Security shall im24 plement an integration and analysis function for critical 

25 infrastructure that includes operational and strategic 


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1 analysis on terrorism incidents, threats, and emerging 

2 risks. Such function shall include establishment by the 

3 Secretary of 2 national centers to accomplish the fol4 lowing: 

5 (1) Implement a capability to collate, assess, 

6 and integrate vulnerability and consequence informa7 tion with threat streams and hazard information 

8 to— 

9 (A) aid in prioritizing assets and managing 

10 risks to critical infrastructure; 

11 (B) determine the staffing and professional 

12 need for cyber security critical infrastructure 

13 protection; 

14 (C) determine the agency staffing needed 

15 and to support cyber security critical infrastruc16 ture protection and report the findings to Con17 gress; 

18 (D) research and report findings regarding 

19 the feasibility of exploring terrorist incident cor20 relations between critical infrastructure dam21 age, destruction, and diminished capacity, and 

22 what occurs during certain natural disasters; 

23 (E) anticipate interdependencies and cas24 cading impacts related to cyber telecommuni25 cations failures; 


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1 (F) recommend security and resilience 

2 measures for critical infrastructure prior to, 

3 during, and after a terrorism event or incident; 

4 (G) support post-terrorism incident man5 agement and restoration efforts related to crit6 ical infrastructure; and 

7 (H) make recommendations on preventing 

8 the collapse or serious degrading of the tele9 communication capability in an area impacted 

10 by a terrorism event. 

11 (2) Support the Department of Homeland Secu12 rity’s ability to maintain and share, as a common 

13 Federal service, a near real-time situational aware14 ness capability for critical infrastructure that in15 cludes actionable information about imminent ter16 rorist threats, significant trends, and awareness of 

17 incidents that may affect critical infrastructure. 

18 SEC. 6. PROTECTION OF PRIVACY AND CIVIL LIBERTIES. 

19 (a) IN GENERAL.—The Secretary of Homeland Secu20 rity shall support greater terrorism cyber security infor21 mation sharing by civilian Federal agencies with the pri22 vate sector that protects constitutional privacy and civil 

23 liberties rights. The heads of Federal departments and 

24 agencies shall ensure that all existing privacy principles, 

25 policies, and procedures are implemented consistent with 


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1 applicable law and policy and shall include senior agency 

2 officials for privacy in their efforts to govern and oversee 

3 terrorism program information sharing properly. 

4 (b) ENSURING INDEPENDENCE OF PRIVACY OFFI5 CER.— 

6 (1) IN GENERAL.—Section 222 of the Home7 land Security Act of 2002 (6 U.S.C. 142) is amend8 ed— 

9 (A) in subsection (a), by striking so much 

10 as precedes paragraph (1) and inserting the fol11 lowing: 

12 ‘‘(a) IN GENERAL.—There shall be in the Depart13 ment a Privacy Officer who shall be appointed by the 

14 President, by and with the advice and consent of the Sen15 ate. The Privacy Officer shall report directly to the Sec16 retary, and shall have primary responsibility in the De17 partment for privacy policy, including—’’; 

18 (B) by striking ‘‘senior official appointed 

19 under subsection (a)’’ each place it appears and 

20 inserting ‘‘Privacy Officer’’; 

21 (C) in subsection (b)(1)(A), by striking 

22 ‘‘senior official’’ and inserting ‘‘Privacy Offi23 cer’’; 


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1 (D) in subsection (b)(1)(B), by striking 

2 ‘‘senior official’s’’ and inserting ‘‘Privacy Offi3 cer’s’’; 

4 (E) in subsection (b)(1)(C), by striking 

5 ‘‘senior official’’ and inserting ‘‘Privacy Offi6 cer’’; 

7 (F) in subsection (b)(1)(D), by striking 

8 ‘‘senior official’’ and inserting ‘‘Privacy Offi9 cer’’; 

10 (G) in subsection (c)(2)(B), by striking 

11 ‘‘senior official’’ each place it appears and in12 serting ‘‘Privacy Officer’’; 

13 (H) in the heading for subsection 

14 (c)(2)(B)(iii), by striking ‘‘BY SENIOR OFFI15 CIAL’’; 

16 (I) in subsection (d), by striking ‘‘the sen17 ior official appointed under subsection (a) or 

18 transfers that senior official to another position 

19 or location within the Department’’ and insert20 ing ‘‘individual appointed as Privacy Officer’’; 

21 (J) in the heading for subsection (e), by 

22 striking ‘‘BY SENIOR OFFICIAL’’; and 

23 (K) in subsection (e)— 

24 (i) by striking ‘‘senior official’’ and in25 serting ‘‘Privacy Officer’’; and 


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1 (ii) by striking ‘‘senior official’s’’ each 

2 place it appears and inserting ‘‘Privacy Of3 ficer’’. 

4 (2) CONTINUED SERVICE.—The senior official 

5 serving as the Privacy Officer of the Department of 

6 Homeland Security immediately before the enact7 ment of this Act may continue to act as the Privacy 

8 Officer until a successor is appointed in accordance 

9 with the amendments made by this subsection. 

10 SEC. 7. INNOVATION AND RESEARCH AND DEVELOPMENT. 

11 The Secretary of Homeland Security may consult 

12 with other Federal departments and agencies to produce 

13 and submit to congressional oversight committees a report 

14 on how best to align federally funded research and devel15 opment activities that seek to strengthen the security and 

16 resilience of the Nation’s critical infrastructure, includ17 ing— 

18 (1) promoting research and development to en19 able the secure and resilient design and construction 

20 of critical infrastructure and more secure accom21 panying cyber technology; 

22 (2) enhancing modeling capabilities to deter23 mine potential impacts on critical infrastructure of 

24 an incident or threat scenario, and cascading effects 

25 on other sectors; 


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1 (3) facilitating initiatives to incentivize cyber 

2 security investments and the adoption of critical in3 frastructure design features that strengthen all-haz4 ards security and resilience; and 

5 (4) prioritizing efforts to support the strategic 

6 guidance issued by the Secretary of Homeland Secu7 rity. 

8 SEC. 8. IMPLEMENTATION BY DEPARTMENT OF HOMELAND 

9 SECURITY. 

10 (a) CRITICAL INFRASTRUCTURE TERRORISM PRE11 VENTION SECURITY AND COMPUTER NETWORK RESIL12 IENCE FUNCTIONAL RELATIONSHIPS.— 

13 (1) IN GENERAL.—Within 120 days after the 

14 date of the enactment of this Act, the Secretary of 

15 Homeland Security shall conduct research and de16 velop a description of the functional relationships 

17 within the Department of Homeland Security and 

18 across the Federal Government related to critical in19 frastructure security and resilience. The description 

20 shall— 

21 (A) include the roles and functions of the 

22 2 national critical infrastructure centers and a 

23 discussion of the analysis and integration func24 tion; 


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1 (B) serve as a roadmap for critical infra2 structure owners and operators and SLTTs to 

3 navigate the Federal Government’s functions 

4 and primary points of contact assigned to those 

5 functions for critical infrastructure security and 

6 resilience against both physical and cyber 

7 threats; and 

8 (C) include identification of every contact 

9 within the Federal Government for critical in10 frastructure protection security and resilience, 

11 by company and industry. 

12 (2) COORDINATION.—The Secretary shall pre13 pare a report on efforts to coordinate this effort with 

14 the SSAs and other relevant Federal departments 

15 and agencies. 

16 (3) PROVISION TO PRESIDENT.—The Secretary 

17 shall provide the description, supported by agency18 conducted research, to the President through the As19 sistant to the President for Homeland Security and 

20 Counterterrorism, and to the relevant congressional 

21 homeland security oversight committees. 

22 (b) EVALUATION OF THE EXISTING PUBLIC-PRIVATE

23 PARTNERSHIP MODEL.— 

24 (1) IN GENERAL.—Within 150 days after the 

25 date of the enactment of this Act, the Secretary of 


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1 Homeland Security, in coordination with the SSAs, 

2 other relevant Federal departments and agencies, 

3 SLTTs, and critical infrastructure owners and oper4 ators, shall conduct an analysis of the existing pub5 lic-private partnership model, evaluate its effective6 ness, and recommend options for improving the ef7 fectiveness of the partnership in both the physical 

8 and cyber space. 

9 (2) CONTENTS.—The research and rec10 ommendations shall— 

11 (A) consider options to streamline or auto12 mate (or both) processes for collaboration and 

13 exchange of terrorism-related information and 

14 to minimize duplication of effort; 

15 (B) consider how the model for terrorism 

16 information exchange can be flexible and adapt17 able to meet the unique needs of individual crit18 ical infrastructure sectors while providing a fo19 cused, disciplined, and effective approach for 

20 the Federal Government to coordinate with the 

21 critical infrastructure owners and operators and 

22 with SLTTs governments; and 

23 (C) result in recommendations to enhance 

24 partnerships to be approved for implementation 

25 by the President. 


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1 (c) IDENTIFICATION OF BASELINE DATA AND SYS2 TEMS REQUIREMENTS FOR THE FEDERAL GOVERNMENT

3 TO ENABLE EFFICIENT INFORMATION EXCHANGE.— 

4 (1) IN GENERAL.—Within 18 months after the 

5 date of the enactment of this Act, the Secretary of 

6 Homeland Security, in coordination with the SSAs 

7 and other Federal departments and agencies, shall 

8 convene a team of researchers to identify baseline 

9 data and systems requirements— 

10 (A) to enable the efficient exchange of ter11 rorism information and intelligence relevant to 

12 strengthening the security and resilience of crit13 ical infrastructure; and 

14 (B) for sharing of data and interoperability 

15 of systems to enable the timely exchange of ter16 rorism or terrorist threat data and information 

17 to secure critical infrastructure and make it 

18 more resilient. 

19 (2) EXPERTS INCLUDED.—The experts shall in20 clude representatives from— 

21 (A) those entities that routinely possess in22 formation important to critical infrastructure 

23 security and resilience; 


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1 (B) those entities that determine and man2 age information technology systems used to ex3 change information; and 

4 (C) those entities responsible for the secu5 rity of information being exchanged. 

6 (3) ANALYSIS.—Analysis by such team of ex7 perts shall include— 

8 (A) interoperability with critical infrastruc9 ture partners; 

10 (B) identification of key data and the in11 formation requirements of key Federal, SLTT, 

12 and private sector entities; 

13 (C) availability, accessibility, and formats 

14 of data; 

15 (D) the ability to exchange various classi16 fications of information; 

17 (E) the security of those systems to be 

18 used; and 

19 (F) appropriate protections for individual 

20 privacy and civil liberties. 

21 (4) PROVISION TO PRESIDENT.—The Secretary 

22 shall provide such analysis to the President through 

23 the Assistant to the President for Homeland Secu24 rity and Counterterrorism, and to congressional 

25 homeland security oversight committees. 


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1 (d) DEVELOP A RESEARCH PROGRAM TO INFORM

2 THE AGENCY OF A SITUATIONAL AWARENESS CAPA3 BILITY FOR CRITICAL INFRASTRUCTURE.—Within 2 years 

4 after the date of the enactment of this Act, the Secretary 

5 of Homeland Security shall demonstrate a near real-time 

6 situational awareness, research-based pilot project for crit7 ical infrastructure that— 

8 (1) includes threat streams and all-hazards in9 formation as well as vulnerabilities; 

10 (2) provides the status of critical infrastructure 

11 and potential cascading effects; 

12 (3) supports decisionmaking; 

13 (4) disseminates critical information that may 

14 be needed to save or sustain lives, mitigate damage, 

15 or reduce further degradation of a critical infra16 structure capability throughout an incident; and 

17 (5) is available for and covers physical and 

18 cyber elements of critical infrastructure, and enables 

19 an integration of information as necessitated by an 

20 incident. 

21 (e) UPDATE TO NATIONAL INFRASTRUCTURE PRO22 TECTION PLAN.— 

23 (1) IN GENERAL.—Within 18 months after the 

24 date of the enactment of this Act, the Secretary of 

25 Homeland Security shall provide to the President, 


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1 through the Assistant to the President for Home2 land Security and Counterterrorism and the congres3 sional homeland security oversight committees, a re4 search report that outlines the National Infrastruc5 ture Protection Plan to address the implementation 

6 of this Act, the requirements of title II of the Home7 land Security Act of 2002 (6 U.S.C. 121 et seq.), 

8 and alignment with the National Preparedness Goal 

9 and System required by Presidential Policy Directive 

10 8. 

11 (2) CONTENTS.—The plan shall include— 

12 (A) identification of a risk management 

13 framework to be used to strengthen the security 

14 and resilience of critical infrastructure against 

15 terrorist threats; 

16 (B) the methods to be used to prioritize 

17 critical infrastructure in the event of a ter18 rorism event that impacts multiple infrastruc19 ture systems; 

20 (C) the protocols to be used to synchronize 

21 communication and actions within the Federal 

22 Government to effectively respond to critical in23 frastructure terrorist threats or events; and 

24 (D) a metrics and analysis process to be 

25 used to measure the Nation’s ability to manage 


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1 and reduce terrorism risks to critical infrastruc2 ture. 

3 (3) RELATIONSHIP TO OTHER PROVISIONS.— 

4 The plan shall reflect the terrorism threat identifica5 tion, prevention, mediation, and recovery relation6 ships within the Department of Homeland Security 

7 and across the Federal Government identified under 

8 this Act and the updates to the public-private part9 nership model under this Act. 

10 (4) ENERGY AND COMMUNICATION SYSTEMS.— 

11 The plan shall consider sector dependencies on en12 ergy and communications systems during a ter13 rorism event, and identify pre-event and mitigation 

14 measures or alternate capabilities during disruptions 

15 to those systems. 

16 (5) COORDINATION.—The Secretary shall co17 ordinate activities under this subsection with the 

18 SSAs, other relevant Federal departments and agen19 cies, SLTTs, and critical infrastructure owners and 

20 operators. 

21 (6) RESPONSE PLANS.—The plan shall include 

22 an analysis of the feasibility of developing terrorism 

23 response plans, based on research conducted on the 

24 resilience of critical infrastructure when faced with 

25 terrorism threats, that focus on action plans to 


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1 achieve a level of function and eventual recovery of 

2 full operability of critical infrastructure post-cyber 

3 attack. 

4 (f) NATIONAL CRITICAL INFRASTRUCTURE SECURITY

5 AND RESILIENCE R&D PLAN.—Within 2 years after the 

6 date of the enactment of this Act, the Secretary of Home7 land Security, in coordination with the Office of Science 

8 and Technology Policy, the SSAs, the Department of 

9 Commerce, and other Federal departments and agencies, 

10 shall provide to the President, through the Assistant to 

11 the President for Homeland Security and Counter12 terrorism, a National Critical Infrastructure Security and 

13 Resilience Research and Development Plan that takes into 

14 account the evolving threat landscape, annual metrics, and 

15 other relevant information to identify priorities and guide 

16 research and development requirements and investments. 

17 The Secretary shall reissue the plan every 4 years after 

18 its initial issuance, and make interim updates as needed. 

19 (g) CONSISTENCY IN PPD–1.—Policy coordination, 

20 dispute resolution, and periodic in-progress reviews for the 

21 implementation of this Act shall be carried out consistent 

22 with Presidential Policy Directive 1, including the use of 

23 interagency policy committees coordinated by the national 

24 security staff. 


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1 (h) RELATIONSHIP TO OTHER AUTHORITIES.—Noth2 ing in this Act alters, supersedes, or impedes the authori3 ties of Federal departments and agencies, including inde4 pendent regulatory agencies, to carry out their functions 

5 and duties consistent with applicable legal authorities and 

6 other Presidential guidance and directives, including the 

7 designation of critical infrastructure under such authori8 ties. 

9 SEC. 9. DESIGNATION OF CRITICAL INFRASTRUCTURE SEC10 TORS AND SECTOR-SPECIFIC AGENCIES. 

11 (a) DESIGNATION.— 

12 (1) IN GENERAL.—For purposes of this Act, 

13 the Secretary of Homeland Security shall determine 

14 which critical infrastructure sectors and sector spe15 cific agencies for such sectors should be engaged in 

16 efforts to detect, deter, mitigate, and lead recovery 

17 efforts related to terrorist incidents. 

18 (2) CULTIVATION OF RELATIONSHIPS.—The 

19 Secretary shall evaluate the appropriate relation20 ships among Federal agencies, SSAs, SLTTs, and 

21 critical infrastructure owners and operators to estab22 lish the most effective defense against terrorist at23 tacks. 

24 (b) FUNCTION.—The Secretary shall provide institu25 tional knowledge and specialized expertise to lead, faciliVerDate Sep 11 2014 20:16 Jan 10, 2015 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H85.IH H85

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1 tate, or support security and resilience programs and asso2 ciated terrorism prevention activities with respect to sec3 tors designated under subsection (a)(1). 

4 (c) CHANGES.—The Secretary of Homeland Security 

5 shall periodically evaluate the need for and make changes 

6 to plans and evaluations made under this section. The Sec7 retary shall consult with the Assistant to the President 

8 for Homeland Security and Counterterrorism and congres9 sional homeland security oversight committees before 

10 changing the designation of a critical infrastructure sector 

11 or SSA for a sector. 

12 (d) REPORTS.—The Secretary of Homeland Security 

13 shall seek periodic research reports on critical infrastruc14 ture protection from Federal agencies as considered nec15 essary by the Secretary. 

16 SEC. 10. EVALUATION OF ACHIEVEMENT OF OBJECTIVES. 

17 (a) IN GENERAL.—The National Research Council, 

18 beginning 12 months after the date of enactment of this 

19 Act, shall evaluate how well the Department of Homeland 

20 Security is meeting the objectives of this Act. 

21 (b) INCLUDED SUBJECTS.—The review shall include 

22 evaluation of— 

23 (1) cyber security threats to critical infrastruc24 ture; 


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1 (2) the success of Department programs in im2 plementing section 8; and 

3 (3) the long-term vulnerabilities faced by the 

4 Department, other Federal agencies, and critical in5 frastructure managers and owners. 

6 (c) COMPLETION.—The Council shall complete the 

7 review by not later than the end of the 18-month period 

8 beginning on the date of enactment of this Act, except that 

9 the Secretary of Homeland Security may extend such pe10 riod. 

11 (d) REPORT.—Upon the completion of the review, the 

12 Council shall submit to the Secretary a report on the find13 ings of the review, including recommendations based on 

14 such findings. 

15 SEC. 11. DEFINITIONS. 

16 For purposes of this Act: 

17 (1) ALL HAZARDS.—The term ‘‘all hazards’’ 

18 means a threat or an incident, natural or manmade, 

19 that warrants action to protect life, property, the en20 vironment, and public health or safety, and to mini21 mize disruptions of government, social, or economic 

22 activities. The term includes natural disasters, cyber 

23 incidents, industrial accidents, pandemics, acts of 

24 terrorism, sabotage, and destructive criminal activity 

25 targeting critical infrastructure. 


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1 (2) COLLABORATION.—The term ‘‘collabora2 tion’’ means the process of working together to 

3 achieve shared goals. 

4 (3) CRITICAL INFRASTRUCTURE.—The term 

5 ‘‘critical infrastructure’’ means systems and assets, 

6 whether physical or virtual, so vital to the United 

7 States that the incapacity or destruction of such sys8 tems and assets would have a debilitating impact on 

9 security, national economic security, national public 

10 health or safety, or any combination of those mat11 ters. 

12 (4) FEDERAL DEPARTMENTS AND AGENCIES.— 

13 The term ‘‘Federal departments and agencies’’ 

14 means any authority of the United States that is an 

15 ‘‘agency’’ under section 3502(1) of title 44, United 

16 States Code, other than those considered to be inde17 pendent regulatory agencies as defined in section 

18 3502(5) of such title. 

19 (5) NATIONAL ESSENTIAL FUNCTIONS.—The 

20 term ‘‘national essential functions’’ means that sub21 set of Government functions that are necessary to 

22 lead and sustain the Nation during a catastrophic 

23 emergency. 

24 (6) PRIMARY MISSION ESSENTIAL FUNC25 TIONS.—The term ‘‘primary mission essential funcVerDate Sep 11 2014 20:16 Jan 10, 2015 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H85.IH H85

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1 tions’’ means those Government functions that must 

2 be performed in order to support or implement the 

3 performance of the national essential functions be4 fore, during, and in the aftermath of an emergency. 

5 (7) RESILIENCE.—The term ‘‘resilience’’ means 

6 the ability to prepare for and adapt to changing con7 ditions and withstand and recover rapidly from dis8 ruptions. The term includes the ability to withstand 

9 and recover from deliberate attacks, accidents, or 

10 naturally occurring threats or incidents. 

11 (8) SECTOR-SPECIFIC AGENCY; SSA.—The 

12 terms ‘‘sector-specific agency’’ and ‘‘SSA’’ mean the 

13 Federal department or agency designated under this 

14 Act for a critical infrastructure sector. 

15 (9) SECURE; SECURITY.—The terms ‘‘secure’’ 

16 and ‘‘security’’ mean reducing the risk to critical in17 frastructure by physical means or defense cyber 

18 measures to intrusions, attacks, or the effects of 

19 natural or manmade disasters. 

20 (10) SLTT.—The term ‘‘SLTT’’ means State, 

21 local, tribal, and territorial entities. 

Æ 


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