As many as five separate cybersecurity bills could hit the House floor next week, dealing with a range of issues from critical infrastructure to encouraging cyber-research and development. CQ's Tim Starks brings us an update on the state of the various House measures, which could be consolidated when they reach the floor. The leadership wants to pass a package that encourages information sharing between the private sector and government without including any mandatory new security regulations for companies. The goal is to put pressure on the Senate to find some sort of compromise.
The two most notable pieces of legislation come from the House Intelligence Committee (HR 3523) and the House Homeland Security Subcommittee on Cybersecurity (HR 3674). Cybersecurity panel Chairman Dan Lungren, R-Calif., who has been in close consultation with cybersecurity experts and industry, was tasked with addressing the threat to vital economic sectors such as utility companies and communications providers. As a result, Lungren has shown more openness than fellow Republicans to some type of baseline security standards for these critical infrastructure providers. Others in the GOP have struck a staunchly anti-regulatory note on the issue. The most likely result is voluntary security standards for certain crucial sectors.
Stakeholders will be watching the Homeland Security Committee's markup of the bill this morning closely to determine whether the legislation and Lungren's latest amendment (PDF) go far enough to satisfy the Senate and White House without upsetting industry. A letter (PDF) sent Tuesday to House leadership from a host of industry groups including TechAmerica and CTIA-The Wireless Association appeared to endorse the House's approach and warned that "policymakers should not complicate or duplicate existing security-related industry standards with government-specific standards and bureaucracies." The trade groups urge the House to move forward on cybersecurity without issuing regulations that would shift the focus from security to compliance.
The House Intel legislation faces a steeper climb, thanks to mounting opposition from privacy and civil rights advocates concerned the bill would allow companies to hand over information to the government with few limits on how it would be used. Despite a new draft that tightens the bill's definitions and claims of progress from Intelligence Chairman Mike Rogers, R-Mich., privacy advocates say their concerns have still not been addressed. Regardless, Rogers has lined up strong bipartisan support for his bill and expects it to pass when it reaches the House floor thanks to support from key Wall Street and Silicon Valley players like Facebook.
Awareness of Cyber Weaknesses Growing: CQ Homeland Security's Jennifer Scholtes reports a classified congressional briefing by senior Obama administration officials on cybersecurity threats facing critical infrastructure took place on Tuesday. Afterward, a DHS official said the government's awareness of specific weaknesses in the computer networks of critical infrastructure providers has grown drastically in recent years. The number of tips DHS receives about vulnerabilities at power plant, utilities and other such facilities rose from 10 in 2009 to 147 in 2011, thanks to growing awareness of cyberthreats to U.S. networks. DHS officials also plan to hold briefings Wednesday and Thursday to demonstrate how cyberattacks can disrupt the critical infrastructure ahead of Cybersecurity Week in the House next week. The Obama administration has pushed for Congress to place DHS in charge of safeguarding the nation's civilian computer networks, but Sen. John McCain, R-Ariz., and other chamber Republicans have questioned DHS' expertise and pushed for the military and intelligence community to play a larger role in cybersecurity. Quotable: "The nation’s critical infrastructure cyber vulnerabilities will not be addressed by information sharing alone. Also, while information sharing legislation is an essential component of comprehensive legislation to address critical infrastructure risks, information sharing provisions must include robust safeguards to preserve the privacy and civil liberties of our citizens. Legislation without new authorities to address our nation’s critical infrastructure vulnerabilities, or legislation that would sacrifice the privacy of our citizens in the name of security, will not meet our nation's urgent needs." — Deputy National Security Council Spokesperson Caitlin Hayden on yesterday's cyber briefing. Wireless Companies Lobby Against New Taxes, Fees: The Senate Finance Committee is facing heat from wireless carriers eager to stop state and local governments from introducing new taxes on cell phone services, according to a report from CQ's Ambreen Ali. Major wireless carriers wrote to the Committee ahead of next Wednesday's hearing on taxes, urging lawmakers to pass a moratorium on wireless taxes and fees, which constitute 16 percent of wireless bills on average. The wireless industry group Mobile Future is backing a bill (S 543) from Sen. Ron Wyden, D-Ore., that would impose such a moratorium for five years in order to give the industry some certainty. The House passed a companion measure (HR 1002) in November, but the Senate has yet to act on Wyden's bill. Senate Subcommittee Boosts NASA Funding: CQ's Anne Kim reports the Senate Appropriations Subcommittee on Commerce-Justice-Science approved a draft fiscal 2013 spending bill on Tuesday that would boost funding for NASA at the expense of the National Oceanic and Atmospheric Administration. The measure would provide $19.4 billion for NASA, a $1.6 billion boost over fiscal 2012 and 10 percent more than the $17.7 billion in President Obama's budget request. NOAA would receive $3.4 billion, a cut of $1.5 billion or 30 percent. The bill would also transfer funding for acquiring weather satellites from NOAA to NASA. Subcommittee chairwoman Barbara Mikulski, D-Md., pointed to cost overruns with the satellites and said NOAA would still operate them, but NASA would purchase them. The proposal also includes more funding for NASA's crew vehicle and heavy lift rocket than the president's request, but less money for commercial spaceflight activities. The Obama administration has emphasized developing the commercial space industry rather than focusing on enhancing NASA's human spaceflight program.