Last week Sen. Hoeven (R,SD) introduced
S 3001,
the Department of Homeland Security Appropriations Act, 2017. As is the case
with this spending bill there is no specific language addressing cybersecurity
and only one brief mention of chemical safety/security provisions in the bill.
The Senate Appropriations
Committee
Report on the bill, however, contains numerous mentions of these topics
Chemical Defense
The one mention of chemical issues (okay just partially
chemical issues) is found in §518.
That section notes that funds appropriated for the establishment of the DHS Chemical,
Biological, Radiological, Nuclear, and Explosives Office cannot be spent until
Congress authorizes the establishment of the office (see
HR
3875 that has been passed in the House). Apparently the Appropriations
Committee feels that the bill will pass in the Senate. Section 518 also
required DHS to prepare a report to Congress on how it intends to stand up the
bill before any money is spent.
Chemical Security
The Chemical Facility Anti-Terrorism Standards (CFATS)
program is not mentioned by name in the Committee Report, but there is one
mention of the Chemical Security Inspectors that make that program work and the
funding level for the Infrastructure Security Compliance (the umbrella under
which CFATS operates) is addressed.
The Committee Report notes (pg 29) that DHS is looking at
how they support the dispersed inspection workforce for both CSI and the
Protective Security Advisors program. Since these personnel are dispersed
around the country DHS is looking at managing them on a regional basis instead
of centrally out of Washington. The Report calls for the OIG to undertake a
study of how DHS implements this change.
The funding level for ISCD has been set (pg 98) at $72.3
Million, about $6.3 Million less than requested and $6.0 Million less than last
year. The cuts are justified based upon the slow hiring rate. Like last year,
the Committee notes that there is no funding set for the Ammonium Nitrate
Security Program, reflecting the lack of progress on that rulemaking.
Recognizing the problems ISCD is having crafting a cost effective security
program the Committee again “encourages NPPD to continue working with
stakeholders that manufacture, sell, and transport explosive precursor
chemicals to achieve the objectives of the ammonium nitrate rulemaking process
taking into consideration the costs and benefits of any recommendations”.
Cybersecurity
The Committee Report starts off (pgs. 6-7) by noting that
cybersecurity is #2 of the top three priorities that the Committee has set
forth in crafting this bill. The Committee is recommending $1.8 Billion across
DHS for cybersecurity spending; more than a 10% increase over the FY 2016
spending level. The bulk (2/3rds) of this money is going to the National Protection
and Program Directorate that funds “programs specifically aimed at protecting
civilian, Federal, and State networks”. This includes (pg 7):
• A 19% increase in US CERT funding
to $117 Million;
• $281 Million for Federal Network
Security; and
• $480 Million for Network Security Deployment
(including Einstein)
• $13.9 Million for National
Computer Forensics Institute (pgs. 90-1);
• Only $2.5 Million of the
requested increase for ICS-CERT (pg 98);
Surface Transportation Security
Surface transportation security issues continue to get
systematically overlooked by Congress. The Committee is increasing the funding
for surface transportation security (pg 71) at TSA to $122 million. That
includes all non-aviation modes of transportation and is a 10% increase in
funding over FY 2016.
The report briefly mentions rail security (pg 110), but that
is a misnomer. What is actually being discussed is the importance of grant
funding for first responder training for rail accidents that include hazardous
chemical (most specifically crude oil) spills. No specific funding is
mentioned, but FEMA is required to prepare a report to Congress on the “unique
needs of first responders related to hazardous materials transportation
(including crude oil) and response to incidents”.
Coast Guard Security Issues
The Coast Guard is a big and expensive agency within DHS and
gets plenty of mention. Chemical safety and security issues only get passing
mention, however. The Committee report takes the CG to task for failing to
publish their Notice of Proposed Rulemaking (NPRM) on Facility Security Officer
Training; a rulemaking that is not even listed on the Spring 2016 Unified
Agenda or Long Term Agenda for the Coast Guard. The Committee directs the CG to
publish the NPRM next year.
Moving Forward
This bill should make it to the floor of the Senate for
consideration during the month of July. There is a very outside chance that the
House could take up their version of the bill (it should be introduced next
week) before the summer recess. It is unlikely, however, that the inevitable
differences could be worked out in the two bills during the abbreviated fall
schedule before the end of the physical year. I really expect that we will see a
continuing resolution that will tide the spending over until after the
election. What happens after the election is anyone’s guess at this point.
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