Showing posts with label HR 4263. Show all posts
Showing posts with label HR 4263. Show all posts

Wednesday, July 9, 2014

Two Other Homeland Security Bills Also Passed Yesterday

In addition to the passage of HR 4007 yesterday two other homeland security related bills that have been previously discussed in this blog were also passed under the suspension of the rules process. The two bills were passed with recorded votes that were substantially bipartisan.

The two bills are:


Both bills had substantial bipartisan support in the House Homeland Security Committee and that was reflected in the final votes on the floor of the House. HR 4263 passed by a vote of 375 to 19, with the opposition coming from Republicans. HR 4289 passed by a vote of 393 to 0.


If these bills get taken up by the Senate it will probably be under a unanimous consent process at the end of a slow day.

Monday, June 9, 2014

Congressional Hearings – Week of 6-8-14

Both the House and Senate will be working in Washington this week. Spending bills dominate; two spending markup hearings and a Rules Committee hearing make the list of potential specific interest to readers of this blog. Also included would be another markup hearing of miscellaneous homeland security bills and a Senate oversight hearing on DHS.

Spending Bills

The House Appropriations Committee will mark up the FY 2015 Defense spending bill on Tuesday and the DHS spending bill on Wednesday. Committee drafts are not yet publicly available.

The House Rules Committee will be holding a hearing on Tuesday that will include the Agriculture spending bill, HR 4800. The text of that bill and the Appropriations Committee report are both available on the Rules Committee web site.

The Full House will begin consideration of HR 4745, the FY 2015 THUD spending bill today under an open rule. I expect that we will see at least one crude oil train related amendment offered.

Homeland Security Markups

The House Homeland Security Committee will meet on Wednesday to mark up a number of bills. Of particular interest to readers of this blog will be:

HR 3202, the “Essential Transportation Worker Identification Credential Assessment Act”;
HR 4263, the "Social Media Working Group Act of 2014"’; and
HR 4289, the “Department of Homeland Security Interoperable Communications Act”

DHS Oversight

The Senate Judiciary Committee will hold an oversight hearing on DHS operations on Wednesday. This will be a high-level review with little in the way of details.

Thursday, March 27, 2014

Markup Results on DHS Communications Bills

This morning the Emergency Preparedness, Response, and Communications Subcommittee of the House Homeland Security Committee met to conduct a markup hearing on three communications related bills. Those bills were:

HR 3283, the Integrated Public Alert and Warning System Modernization Act of 2013;
HR 4263, the Social Media Working Group Act of 2014; and
HR 4289, the DHS Interoperable Communications Act.

The Subcommittee agreed to all three bills by voice vote. The first two were amended before being agreed to, but the last was agreed to without change.

HR 3283 Changes

As I noted earlier, Rep Brooks (R,IN) offered an amendment in the form of a substitute. This revised language was further amended by four amendments from Rep. Payne (D,NJ) that were considered en bloc; four amendments from Rep. Clarke (D,NY) that were considered en bloc; and a single amendment from Rep. Higgins (D,NY). All amendments were agreed to by voice vote.

Most of the Payne amendments were minor word changes, but the last one would require DHS to determine which commercial wireless devices were capable of receiving the warnings broadcast under the Integrated Public Alert and Warning System and to annually publish a list of those devices.

All four of the Clarke amendments were related to cybersecurity concerns. They included:

• A requirement to ensure that the Integrated Public Alert and Warning System is hardened ‘to the greatest extent practicable’ against cyber-attack (listed in two separate places);
• A requirement to add Under Secretary for Cybersecurity and Communications of the Department of Homeland Security to the members of the Advisory Committee; and
• A requirement for the Advisory Committee to conduct an assessment of the cybersecurity of the Integrated Public Alert and Warning System.

The Higgins amendment would require the Advisory Committee to consider lessons learned each time the Integrated Public Alert and Warning System is used.

HR 4263 Changes

Again, I reported earlier that Ranking Member Payne had offered an amendment in the form of a substitute for this markup. That language was further amended by a separate amendment from Mr. Payne that added the Office of Disability Integration and Coordination of FEMA to the Working Group.

An amendment from Higgins would add an additional requirement in the Working Group’s report to Congress about recommendations about how public awareness of the Department’s social media communications could be increased.

Moving Forward


The next step in the legislative process will be the full committee markup hearing and I expect that all three bills will again be marked up in a single hearing. How soon that hearing takes place will be a rough measure of the likelihood that this bill will make it to the floor of the House. If these bills don’t get to the floor before the summer recess, the only way they will likely make it to the President’s desk will to be included in the DHS spending bill.

Wednesday, March 26, 2014

Proposed Revisions to HR 3283 and HR 4263

As I noted in an earlier blog post the Subcommittee on Emergency Preparedness, Response and Communications will be holding a markup hearing on Thursday that will look at two bills that I have already covered (HR 3283and HR 4263). They will be considering substitute language in the hearing, so it seems logical to look at the changes that are already being considered.

HR 3283

 The substitute language for the Integrated Public Alert and Warning System Modernization Act of 2013 contains the most modifications of the two bills. It starts out by changing the title slightly to reflect the change in the year and it eliminates the short hand name for the new alert system, preferring to use the full descriptive name; the ‘national integrated public alert and warning system’. Note the use of lower case in the name throughout the bill, a more formal name is yet to come.

Some relatively minor changes in wording are made in the findings section of the bill (§2). For example the words “integration, flexibility, comprehensiveness” are added to the description of the expected benefits in §2(2)(A). More significantly there is more emphasis on ‘individuals with disabilities’ in this section; adding §2(2)(D), “an improved ability to notify individuals with disabilities” to the description of benefits. Additionally, the coverage of ‘individuals with disabilities’ is expanded in many places in the bill to specifically address individuals with “sensory disabilities” {see, for example §2(6)}.

Section 526 that is added to the Homeland Security Act of 2002 has seen extensive revisions. In the paragraph describing the program implementation requirements {§526(b)} the first subparagraph was rewritten to explain that the system would be used for alerts related to “an act of terrorism, a natural disaster, war, other man-made disasters, or other hazards to public safety” {§526(b)(1)}. Three other sub-paragraphs were added:

(2) establish or adapt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the integrated public alert and warning system;

(3) include in the integrated public alert and warning system the capability to adapt the dissemination of homeland security information and other information, and the content of communications, on the basis of geographic location, risks, and multiple communications systems and technologies, as appropriate; and

(7) conduct periodic nationwide tests of the integrated public alert and warning system.

More interestingly, §526(b)(6) from the original bill was removed. That was the only place in the bill that referenced the current National Terrorism Advisory System. It would seem that the never used NTAS would be phased out if this bill becomes law.
Section 526(d), dealing with the establishment of the Integrated Public Alert and Warning System Advisory Committee (IPAWSAC), has some changes made to it as well. The subparagraph dealing with the Federal government representatives on the IPAWSAC adds the Director of the United States Geological Survey (or the Director’s designee) {§526(d)(2)(D)}. Changes are also made to the non-Federal representative in the next subparagraph:

• Adding a ‘consumer or privacy advocates’ category;
• Separating out as a separate category ‘national organizations representing the elderly’; and
• Changing ‘the cellular industry’ to the ‘commercial mobile radio service industry’.

HR 4263

The changes to the Social Media Working Group Act of 2014 are much less extensive, which is appropriate considering how recently it was introduced. Section 318 being added to the Homeland Security Act of 2002 is being changed in three places {§318(g)(1), (2) and (6)}  to add the phrase ‘other emergencies’ in describing when the use of social media is being considered in the bill.

It also amend the reporting requirement for the Social Media Group to require the recommended improvements to social media use be specifically targeted at the use of social media for emergency management purposes [emphasis added].

The Third Bill

The other piece of legislation has now been given the bill number HR 4289, the Department of Homeland Security Interoperable Communications Act. I have not yet had a chance to completely review the committee draft of that bill. It will be done before the Thursday hearing.


Monday, March 24, 2014

Homeland Security Committee Announces Markup Hearing

Today the House Homeland Security Committee announced that its Subcommittee on Emergency Preparedness, Response and Communications would hold a markup hearing on Thursday that would look at three separate bills. Those bills are:

HR 3283, the Integrated Public Alert and Warning System Modernization Act of 2013;
HR 4263, the Social Media Working Group Act of 2014; and
• A new bill, the Department of Homeland Security Interoperable Communications Act

Links to substitute language for both HR 3283 and HR 4263 have been provided. The hearing page also includes a link to the Committee Draft of the new bill. I’ll have appropriate comments on all three posted before the hearing.


I suspect that these three closely related bills will continue to work their way through the legislative process linked in close proximity to each other.

HR 4263 Introduced – Social Media Working Group

As I noted earlier Rep Brooks (R,IN) introduced HR 4263, theSocial Media Working Group Act of 2014. The bill would amend Title III, Science and Technology in the Support of Homeland Security, of the 2002 Homeland Security Act (6 USC 181 et seq) by adding §318 establishing a social media working group (Group) within DHS.

The Under Secretary for Science and Technology would head the Group which would be responsible for preparing “guidance and best practices to the emergency preparedness and response community on the use of social media technologies before, during, and after a terrorist attack” {§318(b)}. The Group would be “composed of a cross section of subject matter experts from Federal, State, local, tribal, and nongovernmental organization practitioners” {§318(c)(1)}.

The Group would meet at least twice a year and prepare an annual report to Congress {§318(g)}. That report would include reviews of:

• Current and emerging social media technologies being used to support preparedness and response activities related to terrorist attacks;
• Best practices and lessons learned on the use of social media during the response to terrorist attacks that occurred during the period covered by the report at issue; and
• Available training for Federal, State, local, and tribal officials on the use of social media in response to a terrorist attack.

The annual reports would also include recommendations to:

• The Department’s use of social media;
• Improve information sharing among the Department and its components; and
• Available training for Federal, State, local, and tribal officials on the use of social media in response to a terrorist attack.

Commentary

This is an odd little bill. The base concept of planning for the use of social media during a terrorist event does make a certain amount of sense, but limiting it to ‘in the event of a terrorist attack’ in so many places in the bill does sound odd and more than somewhat limiting.

The limiting of analysis of best practices and lessons learned to just during the period “during the response to terrorist attacks” {§318(g)(2)}, for example, seems to be somewhat self-defeating. Terrorist attacks happen so seldom (hopefully) that there would seem to be little to report in this area. It would probably be more helpful if this were expanded to any large scale emergency operation (for example during any presidentially declared emergency). That way those lessons learned would be available and applicable during the actual response to a terrorist event.

There are also puzzling references to ‘information sharing between the Department and appropriate stakeholders” {§318(b)}. I would like to think that this information sharing would be a tad bit more complex and detailed than one typically sees in social media.

On the other hand, I suppose that this could be taken to mean that DHS would use analysis of social media during a terrorist event to track what is going on. If that were the case, however, I would expect to see the mention of various critical infrastructure information and analysis centers (ISACs) and perhaps the Department’s Office of Intelligence and Analysis in the organizations that would be represented in the Working Group. They are conspicuously absent.

Moving Forward

Ms Brooks is the Chair of the Emergency Preparedness, Response, and Communications Subcommittee of the House Homeland Security Committee. One of the three cosponsors is Rep. Payne (D,NJ) the ranking member of the same Subcommittee. You can’t get much more bipartisan than that.

I expect that we will see a Subcommittee hearing on this in the next couple of weeks. How it moves from there will depend on how it fits in Chairman McCaul’s priorities for the full Committee. I don’t expect that there will be much, if any, opposition to this bill if it makes it to the floor of the House.


I don’t really expect that the Senate would take up this bill unless it attracts the positive attention of Sen. Reid, in which case it would get considered and passed under unanimous consent procedures. It is more likely to get passed if it gets added to the FY 2015 Homeland Security spending bill.

Saturday, March 15, 2014

Bills Introduced – 3-14-14

The Senate left early for their week-long trip back to their home states for personal contacts, voter schmoozing and fund raising. The House stuck around long enough to introduce 26 bills before they also left town for a week. Of those bills only two may be (remotely perhaps) of particular interest to readers of this blog:

HR 4258 Latest Title: To reauthorize and update certain provisions of the Secure Water Act. Sponsor: Rep Napolitano, Grace F. (D,CA)

HR 4263 Latest Title: To amend the Homeland Security Act of 2002 to authorize the Department of Homeland Security to establish a social media working group, and for other purposes. Sponsor: Rep Brooks, Susan W. (R,IN)

The Secure Water Act was actually a drought protection measure, but there is a remote possibility that this bill may include some actual security measures or, slightly more likely, some chemical protection measures. We will have to wait and see.


The Department’s use of social media is mixed at best, with some organizations (TSA is a good example) aggressively using social media and others not so much. The Department has taken some heat for monitoring social networks for situational awareness (NOTE: This blog has appeared on the lists of sites monitored; I welcome the attention). It will be interesting to see which side of that focus this bill falls.

Sunday, April 1, 2012

HR 4263 Introduced – Cyber Security

Last Tuesday Rep. Bono-Mack (R,CA) introduced HR 4263, the “Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology (SECURE IT) Act of 2012. While this bill has the same title as S 2151 and the language is nearly identical for large portions of the bill, there are a large number of not so subtle differences between the two bills.

First off there are a large number of relatively wording changes between the two bills. Most of these changes are insignificant and will be of interest only to legal scholars and lawyers arguing civil cases involving cybersecurity matters.

There are a number of significant additions in this bill not found in S 2151.  They include grant funding provisions (revised § 413), minor cloud computing provisions (new § 404), the creation of a cybersecurity university-industry task force (new § 405), the establishment of requirements of cybersecurity automation and checklists for government systems (new § 414) and the establishment of an NIST cybersecurity research program (new § 415).

Grant Funding


One thing this new bill does is to provide actual continuing funding authority for a number of cybersecurity grant programs over the next three fiscal years. Section 413 is completely re-written (from the S 2151 version) and it now provides funding for:

• Computer and Network Security Research Grants [$90,000,000/year]

• Computer and Network Security Research Centers [$4,500,000/year]

• Computer and Network Security Capacity Building Grants [$19,000,000/year]

• Scientific and Advanced Technology Act Grants [$2,500,000/year]

Of course there is no mention of where the money will come from for these grants. That will have to be worked out before this bill could come to the floor under House Rules.

Industrial Control Systems

 

None of the ICS security related provisions that I have identified in S 2151 have been significantly changed in this bill. There is one additional, if very brief, mention of industrial control systems in this legislation. It is found in the new §415 in a modification of §20 of the National Institute of Standards and Technology Act where it adds new ‘Intramural Security Research’ under sub-paragraph (e) it includes “carry out research associated with improving security of industrial control systems” {§415 adds §20(e)(4)}. It’s not much, but it is something.
 
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