Review - S 2625 Introduced – FY 2024 DHS Spending

Back in July, Sen Murphy (D,CT) introduced S 2625, the Department of Homeland Security Appropriations Act, 2024. The Senate Appropriations Committee published their Report on the bill. Beyond the funding for CISA there is no mention of cybersecurity in the bill, but there are a multitude of discussions of cybersecurity in the Report. Interestingly, the bill fully funds the Chemical Facility Anti-Terrorism Standards (CFATS) program, though it is only explained in the Report.

The House passed their version of the bill (HR 4367) on September 27^th, 2023 on a near party-line vote.

Moving Forward

Typically, the Senate takes up the House version of spending bills and then substitutes language from the Senate version of the bill as the first amendment considered. That is not going to happen this year with the DHS spending bill as the House (in §15 of H Res 723) prohibited the Clerk from notifying the Senate that HR 4367 had passed in the House until HR 2 (the House Republican signature border security bill) was enacted into law. Since the Democratic controlled Senate is not going to take up HR 2 and President Biden would not sign it if it were passed, the Senate will not be able to take action on HR 4367.

The easy way forward for the Senate would be to include the language from this bill along with their language for another spending bill (probably the DOD spending bill) when it considers that legislation. In any case, if the Senate does take up that bill (an open question if the confusion in the House continues for too long, imperiling the passage of spending bills by November 17^th), it will ultimately pass a version significantly different that the language in House version. A conference committee will then be formed to negotiate a version that could theoretically pass in both houses. We still have to see if there is language, this year, that could pass in both the House and Senate.

 

For more information on the provisions of this bill, including details on cybersecurity and CFATS spending – see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-2625-introduced - subscription required.

Bills Introduced – 7-27-23

Yesterday, with the House and Senate preparing to recess until September, there were 305 bills introduced. Eight of those bills may receive additional coverage in this blog:

HR 5017 To direct the Secretary of Homeland Security to issue guidance with respect to space systems, services, and technology as critical infrastructure, and for other purposes. Lieu, Ted [Rep.-D-CA-36] 

HR 5067 To require the Secretary of Energy to establish a task force to study and report on supply chains for local electric distribution grids in the United States, and for other purposes. Wittman, Robert J. [Rep.-R-VA-1]

S 2587 An original bill making appropriations for the Department of Defense for the fiscal year ending September 30, 2024, and for other purposes. Tester, Jon [Sen.-D-MT] 

S 2605 An original bill making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2024, and for other purposes. Merkley, Jeff [Sen.-D-OR]

S 2618 A bill to rename the Office of Technology Assessment as the Congressional Office of Technology, to revise the functions and duties of the Office, and for other purposes. Lujan, Ben Ray [Sen.-D-NM]

S 2624 An original bill making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2024, and for other purposes. Baldwin, Tammy [Sen.-D-WI]

S 2625 An original bill making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2024, and for other purposes. Murphy, Christopher [Sen.-D-CT]

S 2715 A bill to authorize the Secretary of Defense to conduct detection, monitoring, and other operations in cyberspace to counter Mexican transnational criminal organizations that are engaged in certain activities that cross the southern border of the United States, and for other purposes. Rounds, Mike [Sen.-R-SD]

I will be covering S 2587, S 2605, S 2624, S 2625, and S 2715,

I will be watching HR 5017, HR 5067, and S 2618 for language and definitions that would include control system cybersecurity within the scope of the coverage of the bill.

Mention in Passing

I would like to mention one bill in passing:

S 2597 A bill to amend the Clayton Act to establish a new Federal commission to regulate digital platforms, including with respect to competition, transparency, privacy, and national security. Warren, Elizabeth [Sen.-D-MA]

The Clayton Act is an outcome based anti-trust statute. It’s use to regulate ‘digital platforms’ looks to be a novel way to control the internet, especially the inclusion of ‘national security’ as one of the areas for potential regulations. With Warren being the sponsor it would be easy to pass this off as a liberal bill with little chance of proceeding, but her sole Cosponsor is Sen Graham (R,SC) who is anything but liberal.