Review - S 4166 Introduced – State Grid Security Plans

Back in March, Sen Cortez-Masto (D,NV) introduced S 4166, the Securing Community Upgrades for a Resilient (SECURE) Grid Act. The bill would amend 42 USC 6326 to require States to include local distribution systems in their State Energy Security Plans described in that section. No new funding is authorized by this legislation. 

This bill is very similar to HR 7257 that was passed in the House this week. Most of the differences between the two bills are editorial changes in format. The one significant change is that S 4166 lacks the definition of the term ‘State Energy Security Plan’ found in subsection 3(c) of HR 7257. 

Moving Forward  

Cortez-Masto, and one of her two cosponsors {Sen Murkowski (R,AK)} are members of the Senate Energy and Natural Resources Committee to which this bill was assigned for consideration. This means that there may be sufficient influence to see the bill considered by the Committee. As was seen in the House, I would expect that the bill would receive significant bipartisan support if it were considered. 

If this bill was brought to the floor of the Senate for consideration, probably under the unanimous consent process, it would be as substitute language for HR 7257. The language from the Senate bill could also be added to the EWR spending bill, if/when that bill makes it to the floor of the Senate. 

For more information on the provisions of this bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/publish/posts/detail/204440771/share-center - subscription required. 

Review – Bills Introduced – 3-24-26

Yesterday, with both the House and Senate in Washington, there were 61 bills introduced. Two of those bills will receive additional coverage in this blog:

HR 8050 To direct owners and operators of gas distribution pipeline facilities to assess systems for the presence of Aldyl-A polyethylene, and for other purposes. Houlahan, Chrissy [Rep.-D-PA-6]

S 4166 A bill to amend the Energy Policy and Conservation Act to require States to include supporting the physical security, cybersecurity, and resilience of local distribution systems in State energy security plans, and for other purposes. Cortez Masto, Catherine [Sen.-D-NV] 

 

For more information on these bills, including legislative history for similar bills in the 118^th Congress, as well as a mention in passing about yet another bill that would provide some measure of pay equity for DHS employees during the shutdown, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/bills-introduced-3-24-26 - subscription required.

S 4166 Passed in Senate – Technological Hazards

On Wednesday (late reporting due to Congressional Record delay at Congress.gov) the Senate passed S 4166, the Technological Hazards Preparedness and Training Act by unanimous consent. There was no debate and no vote.

The bill would expand the operations of the FEMA Technological Hazards Division, allowing FEMA to provide support communities that surround CBRN research facilities, nuclear enrichment facilities, or chemical manufacturing facilities.

I expect that we may see action in the House under the suspension of the rules process, but not until after the election as the House will not return to Washington until November 14^th.

Review - S 4166 Reported in House – Technological Hazards

Last month, the Senate Homeland Security and Governmental Affairs Committee published their Report on S 4166, the Technological Hazards Preparedness and Training Act of 2022. The Committee took up the bill in a business meeting on May 25^th, 2022. Two amendments were considered with one being adopted by a voice vote. The Committee recommended that the bill, as amended, be recommended favorably to the full Senate, again by a voice vote. The bill would expand the operations of FEMA’s Technological Hazards Division.

Moving Forward

This bill is now cleared for consideration by the Senate. It is not, however, important enough to take the time necessary to go through the cloture, debate and amendment process associated with regular order consideration in the Senate, especially in the last four months of the Session. There is a chance that the bill could be considered under the unanimous consent process, but all sorts of political plays could interfere with that consideration. This bill is more likely to move forward as part of a large bill, either as part of substitute language or as an amendment from the floor.

For more details about the amendment and FEMA’s Technological Hazards Division, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-4166-reported-in-house - subscription required.

HSGA Committee Amends and Adopts Cybersecurity and Chemical Safety Bills

Yesterday, the Senate Homeland Security and Governmental Affairs Committee, held a business meeting where they considered 16 pieces of legislation including:

• S 4000, Intragovernmental Cybersecurity Information Sharing Act, and

• S 4166, Technological Hazards Preparedness and Training Act of 2022,

S 4000 would require DHS to enter into information sharing agreements with the House and Senate on cybersecurity issues. Substitute language was offered and adopted by a voice vote.

S 4166 would require FEMA to “maintain the capacity to provide States and local governments with technological hazards and related emerging [CBRN] threats technical assistance, training, and other preparedness programming to build community resilience to technological hazards and related emerging threats. Two amendments were offered for this bill. The Committee adopted the amendment offered by Sen Paul (R,TN) by a voice vote. A second amendment offered by Sen Scott (R,SC) was rejected by a voice vote..

Unfortunately, the HSGAC does not make amendments publicly available. So, we will not be able to tell what changes have been made to either bill until the Committee publishes their report.

Committee Hearings – Week of 5-22-22

This week with the Senate in Washington, and the House holding remote hearings, there is a moderately heavy hearing schedule. There are still a few FY 2023 budge hearings be held, but we only have about a month left before the House should start publishing FY 2023 spending bills (the Senate may or may not be publishing any). There is one markup hearing that includes cybersecurity bills.

FY 2023 Budget

Tuesday - Member Day – House – Homeland Security Subcommittee – Appropriations,

Wednesday – Member Day – House – THUD Subcommittee – Appropriations,

Wednesday – FEMA – House – Homeland Security Subcommittee – Appropriations,

‘Member Day’ hearings allow members of the House that are not members of the Appropriations Committee to testify before the Subcommittee on the appropriations process.

Markup Hearing

On Wednesday the Senate Homeland Security and Governmental Affairs Committee will be holding a business meeting that will include consideration of 15 bills and one naming bills. Bills of interest here include:

• S 4000, Intragovernmental Cybersecurity Information Sharing Act, and

• S 4166, Technological Hazards Preparedness and Training Act of 2022

Review - S 4166 Introduced – Technological Hazards

Earlier this month, Sen Portman (R,OH) introduced S 4166, the Technological Hazards Preparedness and Training Act of 2022. The bill would require FEMA to “maintain the capacity to provide States and local governments with technological hazards and related emerging threats technical assistance, training, and other preparedness programming to build community resilience to technological hazards and related emerging threats.” The bill would authorize funding at $20 million per year through FY 2024.

Moving Forward

Portman is the Ranking Member of the Senate Homeland Security and Governmental Affairs Committee to which this bill was assigned for consideration. Portman certainly has the influence to see this bill considered in Committee. I would like to think that this bill would receive bipartisan support in Committee, though I am not sure that that will be the case. I suspect that there will be some Republican opposition because this sounds like it could be an environmental justice bill and would certainly be labeled as such if it had been introduced by Sen Warren or Sen Markey, both Democrats from Massachusetts.

In any case, even if this bill were moved through the Committee, it would never make it to the floor of the Senate. The bill is too small and ‘unimportant’ to be considered under regular order and there are a number of Senators that could be expected to object if offered under the unanimous consent process.

Commentary

When this bill was introduced, I noted the odd phrasing used to describe the program: “support communities containing technological hazards and emerging threats” and I commented that: “on the off chance the ‘technological hazards and emerging threats’ include cybersecurity issues, I will be watching this bill when it is published.” Boy was I off-base. Instead of cyber issues this is about CBRN hazard planning and it is about time that someone put the responsibility for that in the hands of FEMA and not the EPA.

Unfortunately, because of the odd wording, this bill is unlikely to get serious consideration. That combined with the lack of specific direction and the very small budget ($20 million for just two years???) even if this were to pass it would not even be as effective as the EPA’s LPCs and very few of those have accomplished anything.

But, the fact that it is Portman that offered this bill instead of an environmental bomb thrower, does make me stop and hope that this is a sign that perhaps chemical emergency response planning (and yes, the remainder of the CBRN panoply) may start to receive some serious attention.

 

For more details about the provisions of the bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-4166-introduced - subscription required.

Bills Introduced – 5-10-22

Yesterday, with both the House and Senate in session, there were 50 bills introduced. One of those bills may receive additional attention in this blog:

S 4166 A bill to authorize preparedness programs to support communities containing technological hazards and emerging threats. Sen. Portman, Rob [R-OH]

Okay, the wording of this description (‘support communities containing technological hazards and emerging threats’???) confuses me, but on the off chance the ‘technological hazards and emerging threats’ include cybersecurity issues, I will be watching this bill when it is published. But seriously, I doubt that I will mention this here again.