S 2103 Reported I Senate – FY 2024 Intel Authorization

Last month, the Senate Select Committee on Intelligence published a written report for S 2103, the Intelligence Authorization Act for Fiscal Year 2024. The publication of the reported version [note, since the Committee marked up the bill before it was introduced the reported version is the introduced version] of the bill took place back in June. The unclassified portion of the report does not include any additional information on cybersecurity matters.

Normally, this would be the end of this post, but there is an odd entry near the end of the Report (pg 21) under ‘Additional Views’. This area of the report is normally where the minority party explains their objections to items found in the bill. This time, however, the lead ‘Additional View’ is provided by Sen Warner (D,VA) the Committee Chair. He objects to two amendments that were passed without over his objections, neither one of specific interest here.

Those amendments added two new sections to the bill:

Section 312. Office of Intelligence and Analysis

Section 325. Pay cap for diversity, equity, and inclusion staff and contract employees of the Central Intelligence Agency

Interestingly, the next ‘Additional View’ (pg 23) is from Sen Rubio (R,FL) explaining Rubio’s support for §312.

S 2103 Introduced – FY 2004 Intel Authorization

Review - Last week, Sen Warner (D,VA) introduced S 2103, the Intelligence Authorization Act for Fiscal Year 2024. This annual, must-pass legislation, provides continuing authorization for the activities of the intelligence community. In the unclassified portions of this bill there are two cybersecurity related provisions (a workforce measure and an election security act) and one cybersecurity mention-in-passing.

Moving Forward

This bill is one of the must pass bills that Congress needs to deal with each year. Warner is the Chair of the Senate Intelligence Committee and the Committee will take up this legislation when they come back from their two week 4^th of July recess next month. I do not review this bill in enough detail (nor do I follow intelligence politics closely enough) to offer an opinion on the prospects for passage of this bill, nor the level of opposition to its many provisions. We will be better able to evaluate those matters when we see how the Committee votes on amendments their final recommendation on the bill.

 

For more details about the cybersecurity provisions of this bill, and a longer discussion about the recent politics of passing the intel authorization bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-2103-introduced - subscription required.

Bills Introduced – 6-22-23

Yesterday, with both the House and Senate in session, there were 191 bills introduced. Six of those bills may receive additional coverage in this blog:

S 2103 An original bill to authorize appropriations for fiscal year 2024 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. Warner, Mark R. [Sen.-D-VA] 

S 2127 An original bill making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2024, and for other purposes. Murray, Patty [Sen.-D-WA]

S 2131 An original bill making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2024, and for other purposes. Heinrich, Martin [Sen.-D-NM] 

S 2153 A bill to provide for the use of members of the Selected Reserve and Individual Ready Reserve to respond to significant cyber events. Peters, Gary C. [Sen.-D-MI]

S 2178 A bill to extend the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security, and for other purposes. Peters, Gary C. [Sen.-D-MI] 

S 2201 A bill to increase knowledge and awareness of best practices to reduce cybersecurity risks in the United States. Klobuchar, Amy [Sen.-D-MN] 

I will be covering S 2103, S 2153, and S 2178. A special note on S 2178, the Chemical Facility Anti-Terrorism Standards (CFATS) program will terminate on July 27^th, 2023, unless it is reauthorized by Congress. S 2178 is the first bill introduced in either the 117^th or 118^th Congress that would reauthorize the program.

I will be watching the two spending bills, S 2127 and S 2131, for language addressing cybersecurity issues, particularly those addressing control system issues.

I will be watching S 2201 for language and definitions that include control system cybersecurity risks within the scope of the legislation’s requirements.

Mentioned in Passing

There are three bills that I would like to mention in passing:

HR 4310 To ban the sale of products with a high concentration of sodium nitrite to individuals, and for other purposes. Rep. Trahan, Lori [D-MA-3]

H Res 537 Amending the Rules of the House of Representatives to clarify that the payment of a bail bond constitutes a gift for purposes of the Rules.  Rep. Cohen, Steve [D-TN-9]

S 2168 A bill to rescind discretionary appropriations in the event of a debt ceiling crisis period and to honor the full faith and credit of the debts of the United States in the event of a debt ceiling crisis. Braun, Mike [Sen.-R-IN]

RE HR4310 - In trying to figure out why Trahan would want to see sodium nitrate sales banned leads to two possibilities, sodium nitrate capsules are being used as poison for feral hogs (there is a certain level of appropriateness in that) and there has apparently been an increase in the number of individuals that use sodium nitrate as a poison for suicide.

RE H Res 537 – This is a further attempt to deal with the ‘Santos’ problem in Congress. Making bail bond payments gifts would require a congress critter to report them to the Ethics Committee.

RE S 2168 – This is a radical ‘solution’ to the debt limit ceiling problem. It would (really?) keep the financial community happy because debt service payments could continue to be made while Congress dithered. It would also protect military pay, Social Security checks, and other mandatory spending.