§652a. Sector Risk Management Agencies

(a) Definitions

In this section:

(1) Appropriate congressional committees

The term "appropriate congressional committees" means-

(A) the Committee on Homeland Security and the Committee on Armed Services in the House of Representatives; and

(B) the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services in the Senate.

(2) Critical infrastructure

The term "critical infrastructure" has the meaning given that term in section 5195c(e) of title 42.

(3) Department

The term "Department" means the Department of Homeland Security.

(4) Director

The term "Director" means the Director of the Cybersecurity and Infrastructure Security Agency of the Department.

(5) Secretary

The term "Secretary" means the Secretary of Homeland Security.

(7) ¹ Sector Risk Management Agency

The term "Sector Risk Management Agency" has the meaning given the term in section 650 of this title.

(b) Critical infrastructure sector designation

(1) Initial review

Not later than 180 days after January 1, 2021, the Secretary, in consultation with the heads of Sector Risk Management Agencies, shall-

(A) review the current framework for securing critical infrastructure, as described in section 652(c)(4) of this title and Presidential Policy Directive 21; and

(B) submit to the President and appropriate congressional committees a report that includes-

(i) information relating to-

(I) the analysis framework or methodology used to-

(aa) evaluate the current framework for securing critical infrastructure referred to in subparagraph (A); and

(bb) develop recommendations to-

(AA) revise the current list of critical infrastructure sectors designated pursuant to Presidential Policy Directive 21, any successor or related document, or policy; or

(BB) identify and designate any subsectors of such sectors;

(II) the data, metrics, and other information used to develop the recommendations required under clause (ii); and

(ii) recommendations relating to-

(I) revising-

(aa) the current framework for securing critical infrastructure referred to in subparagraph (A);

(bb) the current list of critical infrastructure sectors designated pursuant to Presidential Policy Directive 21, any successor or related document, or policy; or

(cc) the identification and designation of any subsectors of such sectors; and

(II) any revisions to the list of designated Federal departments or agencies that serve as the Sector Risk Management Agency for a sector or subsector of such section, necessary to comply with paragraph (3)(B).

(2) Periodic evaluation by the Secretary

At least once every five years, the Secretary, in consultation with the Director and the heads of Sector Risk Management Agencies, shall-

(A) evaluate the current list of designated critical infrastructure sectors and subsectors of such sectors and the appropriateness of Sector Risk Management Agency designations, as set forth in Presidential Policy Directive 21, any successor or related document, or policy; and

(B) recommend, as appropriate, to the President-

(i) revisions to the current list of designated critical infrastructure sectors or subsectors of such sectors; and

(ii) revisions to the designation of any Federal department or agency designated as the Sector Risk Management Agency for a sector or subsector of such sector.

(3) Review and revision by the President

Not later than 180 days after the Secretary submits a recommendation pursuant to paragraph (1) or (2), the President shall-

(A) review the recommendation and revise, as appropriate, the designation of a critical infrastructure sector or subsector or the designation of a Sector Risk Management Agency; and

(B) submit to the appropriate congressional committees, the Majority and Minority Leaders of the Senate, and the Speaker and Minority Leader of the House of Representatives, a report that includes-

(i) an explanation with respect to the basis for accepting or rejecting the recommendations of the Secretary; and

(ii) information relating to the analysis framework, methodology, metrics, and data used to-

(I) evaluate the current framework for securing critical infrastructure referred to in paragraph (1)(A); and

(II) develop-

(aa) recommendations to revise-

(AA) the list of critical infrastructure sectors designated pursuant to Presidential Policy Directive 21, any successor or related document, or policy; or

(BB) the designation of any subsectors of such sectors; and

(bb) the recommendations of the Secretary.

(4) Publication

Any designation of critical infrastructure sectors shall be published in the Federal Register.

(c) Sector Risk Management Agencies

(1) Omitted

(2) Omitted

(3) References

Any reference to a Sector Specific Agency (including any permutations or conjugations thereof) in any law, regulation, map, document, record, or other paper of the United States shall be deemed to-

(A) be a reference to the Sector Risk Management Agency of the relevant critical infrastructure sector; and

(B) have the meaning given such term in section 650 of this title.

(4) Omitted

(d) Report and auditing

Not later than two years after January 1, 2021 and every four years thereafter for 12 years, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the effectiveness of Sector Risk Management Agencies in carrying out their responsibilities under section 665d of this title.

( Pub. L. 116–283, div. H, title XC, §9002, Jan. 1, 2021, 134 Stat. 4768 ; Pub. L. 117–263, div. G, title LXXI, §7143(d)(5), Dec. 23, 2022, 136 Stat. 3663 .)

Editorial Notes

Codification

Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 and not as part of the Homeland Security Act of 2002 which comprises this chapter.

Section is comprised of section 9002 of Pub. L. 116–283. Subsec. (c)(1) of section 9002 of Pub. L. 116–283 enacted section 665d of this title. Subsec. (c)(2) of section 9002 of Pub. L. 116–283 amended sections 195f, 321m, 651, 652, and 664 of this title. Subsec. (c)(4) of section 9002 of Pub. L. 116–283 amended the table of contents in section 1(b) of the Homeland Security Act of 2002.

Amendments

2022-Subsec. (a)(5). Pub. L. 117–263, §7143(d)(5)(A)(i), (ii), redesignated par. (6) as (5) and struck out former par. (5). Prior to amendment, text of par. (5) read as follows: "The term 'information sharing and analysis organization' has the meaning given that term in section 671(5) of this title."

Subsec. (a)(6), (7). Pub. L. 117–263, §7143(d)(5)(A)(ii), (iii), which redesignated par. (7) as (6) and then directed the general amendment of par. (7), was executed by making the redesignation and generally amending par. (6) as redesignated, to reflect the probable intent of Congress. As amended, such par. remained designated as (7). Prior to amendment, text of par. (7) read as follows: "The term 'sector risk management agency' has the meaning given the term 'Sector-Specific Agency' in section 651(5) of this title."

Subsec. (c)(3)(B). Pub. L. 117–263, §7143(d)(5)(B), which directed substitution of "given such term in section 650 of this title" for "given such term in section 651(5) of this title", was executed by making the substitution for "give such term in section 651(5) of this title", to reflect the probable intent of Congress.

Subsec. (d). Pub. L. 117–263, §7143(d)(5)(C), made technical amendment to reference in original act which appears in text as reference to section 665d of this title.

¹ So in original. Probably should be "(6)".