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Code · BILL · 119th Congress · H.R. 3838 (Engrossed in House) — To authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military c... · Sec. 1094

Sec. 1094. Defense critical infrastructure protection interagency review

595 words·~3 min read·/bill/119/hr/3838/eh/section-1094

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Congress finds the following: Defense critical infrastructure, encompassing cyber and physical assets, is essential to national security and military readiness but faces growing threats from adversaries. Effective interagency coordination is vital to protect this infrastructure. The Department of Defense plays a key role in safeguarding critical infrastructure, but its efforts must align with broader Federal and private sector initiatives. It is the sense of Congress that strengthening interagency coordination, and coordination between the administration and the private sector is critical to securing defense-related infrastructure against emerging threats.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Homeland Security, the Director of National Intelligence, and heads of other relevant departments or agencies of the Federal Government, shall conduct a comprehensive review of interagency coordination mechanisms for the protection of defense critical infrastructure. The review under paragraph
(1)shall, at a minimum— assess the effectiveness of existing frameworks for information sharing, threat response, and risk mitigation among departments or agencies of the Federal Government, State and local governments, and private sector partners; identify gaps and inefficiencies in interagency efforts to safeguard cyber and physical infrastructure critical to national security; evaluate the integration of the Defense Information Assurance Program established by section 2224 of title 10, United States Code, with broader critical infrastructure protection initiatives; evaluate mission assurance cybersecurity priorities and determine whether the existing list of critical cyber missions, capabilities, functions, systems, and supporting assets is comprehensive; include any updates to guidance on replacing the Defense Infrastructure Sector Lead Agent and reevaluate the sectors it includes as part of defense critical infrastructure; and provide recommendations for improving collaboration, reducing bureaucratic obstacles, and enhancing the resilience of defense-related infrastructure. The Secretary of Defense shall concurrently assess the implementation by the Department of the following responsibilities: Ensuring proper classification and safeguarding of critical infrastructure security information from public disclosure pursuant to section 130e of title 10, United States Code. Assessing the role of the Department in ensuring the reliability and security of infrastructure vital to defense and national security pursuant to section 1016 of the USA PATRIOT Act ( 42 U.S.C. 5195c ). Ensuring Department of Defense compliance with information protection standards under the Critical Infrastructure Information Act of 2002 ( 6 U.S.C. 671 et seq. ) and part 29 of title 6, Code of Federal Regulations. Assessing Department of Defense oversight of cybersecurity requirements for contractors handling covered defense information pursuant to sections 252.204–7012 of the Defense Federal Acquisition Regulation Supplement. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees, detailing— findings of the interagency coordination review; recommendations to enhance Department of Defense-led critical infrastructure protection efforts; proposed policy or regulatory changes to improve national defense infrastructure security and cyber resilience; and recommendations for legislative or regulatory action, if necessary, to strengthen interagency cooperation and Department of Defense implementation of critical infrastructure protection mandates. The report under paragraph
(1)shall be submitted in an unclassified form but may contain a classified annex. Not later than 180 days after the date on which the Secretary submits the report under subsection (e), the Comptroller General of the United States shall submit to the congressional defense committees a report on the Department of Defense’s implementation of the review under subsection
(c)and an assessment of the recommendations under subsection (e). The report under paragraph
(1)shall be submitted in an unclassified form but may contain a classified annex.
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Sec. 1094
Defense critical infrastructure protection interagency review
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