Monday, January 23, 2023

Review - HR 285 Introduced – Vulnerability Remediation

Earlier this month, Rep Jackson-Lee introduced HR 285, the bill would amend 6 USC 659 to allow the National Cybersecurity and Communications Integration Center (NCCIC) to “identify, develop, and disseminate actionable protocols to mitigate cybersecurity vulnerabilities”. A report to Congress is also required. No funding is authorized in this bill. The language is very similar to the version of HR 2980 that was passed in the House last session.

Moving Forward

Jackson-Lee has not yet been assigned to any committees. This means that it is too early to tell if she will have sufficient influence to see the bill considered by the House Homeland Security Committee to which this bill was assigned for consideration. The bill would receive significant bipartisan support were it considered by the Committee and would again probably move to the floor of the House under the suspension of the rules process.

Commentary

The development of remediation protocols authorized by this bill is another example of Congress authorizing actions already being taken by CISA. This is, however, going to become more important because of changes made to the House rules for the consideration of spending bills. H Res 5 provides a point of order rule for spending bills to call out “for an expenditure not previously authorized by law”. It is unlikely that this particular activity by CISA would be the subject of a point of order objection, but it remains a possibility.


For more details about the provision of this bill, including differences from the previous version, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-285-introduced   - subscription required.

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