Tuesday, September 21, 2021

Cybersecurity Amendments to be Offered for HR 4350

The House Rules Committee has published the Rule for the consideration of HR 5305 (Continuing Resolution), HR 4350 (FY 2022 NDAA), and HR 3755 (e Women’s Health Protection Act). The rule provides for 437 amendments to be allowed to be submitted from the floor during the debate on HR 4350. House Report 117-125 provides both a list of those amendments and the text.

Eleven of the amendments covered cybersecurity issues of potential interest here. Those amendments are:

32. Langevin (D,RI): Makes a technical correction to Section 1752 of the FY21 NDAA (6 U.S.C. 1500) that will allow the Office of the National Cyber Director to accept the services of non-reimbursed detailees from departments and agencies. (text page 230)

37. Houlahan (D,PA) - Creates a cybersecurity training pilot program at the Department of Veterans Affairs for veterans and members of the Armed Forces transitioning from service to civilian life. Creates a registered apprenticeship program at the Cybersecurity and Infrastructure Security Agency (CISA) focused on cybersecurity and infrastructure security. Both programs are established in coordination with the Department of Defense. (text page 243)

107. Clarke, Yvette (D,NY) - Authorizes the CyberSentry program within the DHS Cybersecurity and Infrastructure Security Agency (CISA), a critical Industrial Control System (ICS) cybersecurity program that allows CISA to enter into strategic, voluntary partnerships with priority ICS owners and operators to provide enhanced cyber threat monitoring and detection. (text page 337)

108. Clarke, Yvette - Requires the DHS Cybersecurity and Infrastructure Security Agency (CISA) to establish requirements and procedures for covered critical infrastructure owners and operators to report covered cybersecurity incidents to a new Cyber Incident Review Office, to be established within CISA. (text page 340)

147. Garbarino (D,NY) - Creates a 5-year term for the Cybersecurity and Infrastructure Security Agency (CISA) Director and reaffirms that the position will be Presidentially appointed and Senate confirmed. (text page 436)

148. Garbarino - Establishes a Department of Homeland Security grant program to facilitate closer U.S.-Israel cybersecurity cooperation. (text page 437)

149. Garbarino – Establishes a cyber counseling certification program for Small Business Development Centers (SBDCs) assisting small businesses with planning and implementing cybersecurity measures. Authorizes the SBA to reimburse SBDCs for employee certification costs up to $350,000 per fiscal year. SBDC’s are established nationwide with nearly 1,000 local centers; given their reach, they are well positioned to assist small businesses with their cybersecurity needs. (text page 439)

150. Garbarino - Requires CISA to update its cyber incident response plan not less often then biennially, and requires CISA to consult with relevant Sector Risk Management Agencies and the National Cyber Director, to develop mechanisms to engage with stakeholders to educate them about Federal Government cybersecurity roles for cyber incident response. (text page 440)

158. Gonzales, Tony (R,TX) - Establish the National Digital Reserve Corps, a program within GSA that would allow private sector tech talent to work for the federal government for 30 days per calendar year to take on short term digital, cybersecurity, and AI projects. Reservists would report to GSA, who would then detail them to executive agencies as needed. (text page 449)

306. Neguse (D,CO) - Expands the annual report submitted by the Department of Defense on vulnerabilities of the National Technology and Industrial  Base to include the current and projected impacts of climate change and cyberattacks. (text page 714)

427. Thompson, Bennie - Adds a new title with measures related to the Department of Homeland Security (DHS), comprised of House-passed legislative provisions to strengthen and improve DHS headquarters, research and development, cybersecurity, and transportation security, among other matters. (text page 873)

Many of these amendments look (on quick review) like they have similar language to bills that have already been introduced in the House. Amendment 427 is the most obvious example of this and it runs to 111 pages. This is quickly turning into a cybersecurity bill. It will be interesting to see how many of these make it through the debate in the House.

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