Panel adds cybersecurity program to homeland bill

The House Energy and Commerce Committee on Thursday passed its version of the bill (H.R. 5005) to establish a new Homeland Security Department with several changes, including the creation of a distinct program on cybersecurity.

The committee's bill "maintains the primary functions of the new undersecretary for information analysis and infrastructure protection and elaborates and expands upon his responsibility for cybersecurity," said committee Chairman W.J. "Billy" Tauzin, R-La. "We do this by establishing a new federal cybersecurity program within the department that will be a resource to other federal agencies to help identify and correct weaknesses in critical federal computer systems."

The cybersecurity program would require the department to evaluate the increased use by civilian executive agencies of cybersecurity systems, including cryptography. It also would provide assistance to agencies for providing security to information systems, including identification of "significant" risks. And it would require coordination of research and development for critical information systems "relating to supervisory control and data acquisition systems, including, as appropriate, the establishment of a test bed."

In addition, it would establish a federal information system security team to provide technical expertise to agencies by conducting security audits of information systems, including interconnected computer systems and networks.

The team would include technical experts and auditors, computer scientists and computer forensics analysts. The audits would be conducted under agreement with the agencies, with reports after the audit is completed.

The committee bill also made changes to H.R. 5005 on health-related issues, such as bioterrorism.

Despite supporting the bill, committee ranking Democrat John Dingell of Michigan raised several concerns about the need for a new department and process for creating a new agency.

"I am very dubious about the president's proposed new Cabinet agency for homeland security, and even more dubious about the unseemly and unhelpful rush by the Congress to legislate on this matter," Dingell said. "I don't like the process. I don't like the agency as proposed by the president. And I don't like the idea that this Congress may attempt to sell the American people an ineffectual bill of goods."

Rep. Diana DeGette, D-Colo., said she had the support of Tauzin and Dingell for an assessment of the impact on existing agencies of the transfer of some of their functions to the new department.

A procedural battle broke out in the committee when Rep. Edward Markey, D-Mass., tried to offer an amendment giving direction to the new department on control of radiological material to keep it out of terrorists' hands. Markey said he is concerned that those making decisions behind closed doors on the new department do not have sufficient expertise in many areas. "It is very disturbing to learn how little they know," he said. California Democrats Jane Harman and Anna Eshoo supported Markey.

But Tauzin, trying to prevent any further changes to his bill, ruled that the amendment was not germane to the bill and could not be considered. Markey appealed the decision, but the committee voted 37-7 to table his appeal.