Bills Introduced – 3-21-24

Yesterday, with both the House and Senate in session, there were 82 bills introduced. Three of those bills may receive additional attention in this blog:

HR 7781 To require a report on the economic and national security risks posed by the use of artificial intelligence in the commission of financial crimes, including fraud and the dissemination of misinformation, and for other purposes. Nunn, Zachary [Rep.-R-IA-3]

S 4024 A bill to amend the Homeland Security Act of 2002 to enable secure and trustworthy technology through other transaction contracting authority. Peters, Gary C. [Sen.-D-MI] 

S 4045 A bill to require a study on public health impacts as a consequence of the February 3, 2023, train derailment in East Palestine, Ohio.

All three of these bills appear to address issues that are tangentially similar to topics that I routinely cover in this blog. While I am normally able to point to specific issues that I would be looking for in such bills, all three of these bills address issues that may be more complex than I would be able to put into a routine ‘looking for’ statement. I suspect that S 4045 will be the most likely bill to receive further consideration here.

The Missing Bill

I had expected to see the House resolution that I discussed yesterday that forms the basis for the consideration of the 2^nd FY 2024 spending minibus. I have no idea why it was not introduced, but it is still on the list of legislation scheduled for consideration in the House today. It will almost certainly be one of the first things considered today so that there will be some time available for the Senate to take up the HR 2882, the bill that would be amended to be the spending bill. With any kind of luck, Sen Schumer (D,NY) has come to some sort of agreement about a list of amendments that will get floor votes before the final vote on the amended HR 2882. If that final vote does not happen by midnight, a technical shutdown will occur, but the effects would be somewhat limited because it is the weekend. If the Senate must adjourn, before the final vote on the bill (or the bill fails in a final vote), the partial government shutdown becomes more than technical.

S 4024 Introduced – Cybersecurity Advisory Committee

Last month Sen Perdue (R,GA) introduced S 4024, the Cybersecurity Advisory Committee Authorization Act of 2020. The bill would require the DHS Cybersecurity and Infrastructure Security Agency (CISA) to establish a Cybersecurity Advisory Committee to advise, consult with, report to, and make recommendations to the Director on the development, refinement, and implementation of policies, programs, planning, and training pertaining to the cybersecurity mission of the Agency.

The Committee would consist of not more than 35 people from a cross-section industries and State and local governments. The Committee would meet at least twice a year and one meeting per year would be required to be open to the public. Committee members would not be compensated. There are no funds appropriated in this bill.

The Committee would not be subject to the requirements of the Federal Advisory Committee Act (FACA, 5 USC APP).

Moving Forward

Perdue is not a member of the Senate Homeland Security and Governmental Affairs Committee to which this bill was assigned for consideration. His cosponsor {Sen Sinema (D,AZ)}, however, is a member. This means that there is a chance that the bill may be considered in Committee. Unfortunately, in this COVID-19 restricted election year, the chance of this bill being considered is low.

I see nothing in the language of the bill that would engender any significant opposition to the bill.

Similar language to this bill was included as §6614 in the Substitute Language (SA 2301, pg S3944) for S 4049, the FY 2020 National Defense Authorization Act.

Commentary

This type of advisory committee has been very useful in providing a wide range of expertise and experience to the government for little or no expense. The DOT, for example, has found this type of committee very helpful in crafting regulatory language.

The FACA exception is necessary because it is expected that this Committee will handle classified and sensitive but unclassified information. FACA has no provisions for exempting such information from the open records requirements of the act.

Bills Introduced – 6-22-20

Yesterday with the Senate in Washington and the House meeting in pro forma session there were 41 bills introduced. Two of those bills are likely to see additional coverage in this blog:

S 4023 A bill to enhance maritime cybersecurity. Sen. Markey, Edward J. [D-MA]

S 4024 A bill to establish in the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security a Cybersecurity Advisory Committee. Sen. Perdue, David [R-GA] 

I will be watching both bills for definitions and language that specifically include control system cybersecurity issues.