| House Commerce Committee
Adds Cyber Security Program to Homeland Security Bill |
7/11. The House
Commerce Committee amended and approved those portions of HR 5005,
the Homeland Security Act, that may fall within its
jurisdiction. The Committee approved its Committee
Print [PDF] by a unanimous voice vote.
This version of the bill adds new cyber security
responsibilities for the Under Secretary for Information
Analysis and Infrastructure Protection of the new Department
of Homeland Security (DHS). It creates an Under Secretary for
Research, Development, and Technology Systems. It transfers
the Computer Security Division to the DHS. And, it leaves out
any reference to the creation of any new Freedom of
Information Act exemption.
Cyber Security. The version of the bill approved by the
Committee contains additional language in Title II, which
pertains to information analysis and infrastructure
protection. It adds a new Section 205, titled "Federal
Cybersecurity Program".
Rep. Billy Tauzin
(R-LA), the Chairman of the Committee, stated that this
"will be a resource to other Federal agencies to help
identify and correct weaknesses in critical Federal computer
systems." He said that it was drafted with input from Rep. Heather Wilson
(R-NM), Rep. Jane
Harman (D-CA), and others.
This section provides that "The Secretary, acting through
the Under Secretary for Information Analysis and
Infrastructure Protection, shall establish and manage a
program to improve the security of Federal critical
information systems ..."
It further provides that the duties under this section are
"(1) to evaluate the increased use by civilian executive
agencies of techniques and tools to enhance the security of
Federal critical information systems, including, as
appropriate, consideration of cryptography; (2) to provide
assistance to civilian executive agencies in protecting the
security of Federal critical information systems, including
identification of significant risks to such systems; and (3)
to coordinate research and development for critical
information systems relating to supervisory control and data
acquisition systems, including, as appropriate, the
establishment of a test bed."
This new section also provides that "the Secretary shall
establish, manage, and support a Federal information system
security team whose purpose is to provide technical expertise
to civilian executive agencies to assist such agencies in
securing Federal critical information systems by conducting
information security audits of such systems, including
conducting tests of the effectiveness of information security
control techniques and performing logical access control tests
of interconnected computer systems and networks, and related
vulnerability assessment techniques."
FOIA Exemption. Section 204 of the bill, as introduced,
provides, in full, that "Information provided voluntarily
by non-Federal entities or individuals that relates to
infrastructure vulnerabilities or other vulnerabilities to
terrorism and is or has been in the possession of the
Department shall not be subject to section 552 of title 5,
United States Code." The version passed by the House
Commerce Committee leaves out this section.
Rep. John Shimkus
(R-IL) said that "freedom of information might be a
freedom to publish, which might be a freedom to target. And I
think that that is a valid concern, especially as we talk
about cyber security, in working with corporate
entities."
Rep. Billy Tauzin
(R-LA), the Chairman of the Committee, then explained the
reason that Section 204 is not in the committee version of the
bill. He said that there is concern "about publishing
unnecessary road maps for those who might want to harm this
country." He then said that "we understand that the
administration is working with the House in regards to that
issue, and we will have language for us by the time we get to
the floor. And, I suspect, we will have a chance to revisit
this at the proper time. The gentleman's concerns are indeed
valid."
Harman Amendment. Rep. Jane Harman
(D-CA) offered, but withdrew, an amendment that would have
established a single point of entry at the new DHS for private
sector entities with commercial technologies for homeland
security.
Her amendment would have amended Title III of the bill,
pertaining to research and development. Specifically, it would
have amended Section 301, which lists the responsibilities of
the Under Secretary for Research, Development, and Technology
Systems, by adding a new paragraph 8.
Her amendment provides that the Under Secretary shall have
responsibility for "serving as a single point of entry
for private sector entities with commercial technologies for
homeland security, through which the Secretary -- (A)
identifies homeland security commercial technological needs
and capabilities to improve federal, state, or local homeland
security activities; (B) reviews solicited and unsolicited
homeland security commercial technology proposals; (C) directs
homeland security commercial technology proposals to
appropriate Federal entities for additional review, purchase,
or use; and (D) advises the Secretary on the development or
streamlining of homeland security procurement policies."
Computer Security Division. President Bush's original
proposal provided for the transfer of the National Institute of Standards
and Technology's (NIST) Computer
Security Division (CSD) to the new DHS. On July 10, the House Science Committee
(HSC), passed a version of the bill that would keep the CSD at
the NIST. The House Commerce Committee's bill follows the
President's proposal of transferring the CSD to the DHS. The Computer & Communications
Industry Association (CCIA) and Members of Congress who
are active on technology issues have opposed transferring the
CSD to the DHS.
Markey Amendments. Much of the time at the two hour
mark up was devoted to consideration of an amendment offered
by Rep. Ed Markey
(D-MA) regarding radioactive materials. After a lively and
lengthy debate, it was ultimately ruled not germane to the
underlying bill.
Rep. Markey also offered, but withdrew, a second
amendment [PDF] that would have added a new Section 206 to
provide that "The Secretary shall require that the
private sector provide at least 50 percent of the costs of
private sector compliance with Federal requirements with
respect to the security of critical infrastructure owned and
operated by the private sector." |
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| Select Committee Holds
Hearing on Homeland Security Act |
7/11. The House Select
Committee on Homeland Security held a hearing on HR 5005,
the Homeland Security Act. Secretary of State Colin Powell,
Secretary of Defense Donald Rumsfeld, Secretary of Treasury
Paul O'Neill, and Attorney General John Ashcroft testified in
support of the creation of the new Department of Homeland
Security.
See, prepared testimony of witnesses: Colin Powell,
Paul
O'Neill, Paul
Wolfowitz (Deputy Secretary of Defense), and John
Ashcroft. See also, prepared statements of Committee
members: Rep.
Dick Armey
(R-TX), Rep.
Tom DeLay (R-TX), Rep. J.C.
Watts (R-OK), Rep. Deborah
Pryce (R-OH), Honorable
Rob Portman (R-OH), Rep. Nancy
Pelosi (D-CA), Rep. Martin
Frost (D-TX), Rep. Robert
Menendez (D-NJ), Rep. Rosa
DeLauro (D-CT). |
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| Rep. Tauzin Writes Powell
Re Waiver of UWB Rules for GPR |
7/11. Rep. Billy
Tauzin (R-LA), the Chairman of the House Commerce Committee,
and six other members of the Committee, wrote a letter to Federal Communications Commission
(FCC) Chairman Michael Powell
regarding FCC rules affecting ground penetrating radar.
The seven Congressmen wrote "to express our strong
concerns regarding the consequences of the recent FCC revision
of Part 15 of the Commission's rules regarding ultra wideband
(UWB) transmission systems (FCC 02-48 released April 22,
2002). Specifically, the new rules could have the effect
of eliminating numerous existing businesses that employ Ground
Penetrating Radar (GPR). In order to prevent this, we believe
that the FCC should immediately provide a blanket waiver for
the manufacture and operation of GPR equipment at the Class B
emissions limit with no other restrictions."
They also pointed out that "By its very nature, GPR is
pointed at the ground (not into the air) for limited periods
of time, thus making any interference unnoticeable."
See, FCC's First
Report and Order [118 pages in PDF] in the proceeding
titled "In the matter of Revision of Part 15 of the
Commission’s Rules Regarding Ultra Wideband Transmission
Systems", and numbered ET Docket 98-153. |
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| House Passes Enterprise
Integration Act |
7/11. The House passed HR 2733,
the Enterprise Integration Act, by a vote of 397-22. See, Roll
Call No. 293. It would authorize the National Institute of Standards
and Technology (NIST) to work with major manufacturing
industries on an initiative of standards development and
implementation for electronic enterprise integration.
The bill's sponsor, Rep.
James Barcia (D-MI), stated that the bill "will lead
to dramatically shortened design cycle times and reduce the
costs of manufacturing complex products. Information on design
flaws will be instantly transmitted from repair shops to
manufacturers and their supply chains. Companies will be able
to exchange information of all types with their suppliers at
the speed of light."
The bill also authorizes the appropriation of $47 Million over
four years to the NIST. |
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| Powell Pressures Consumer
Electronics Industry on DTV Transition |
7/11. Federal Communications
Commission (FCC) Chairman Michael Powell
released a statement
on DTV transition. He wrote that "In April I challenged
several industries to take specific steps to move the DTV
transition forward. The plan challenged major broadcast and
cable networks to create more compelling digital content,
equipment manufacturers to produce more television sets with
digital tuners, and broadcasters, cable operators and
satellite providers to make digital content more accessible to
consumers." See, Chairman Powell's April statement
[PDF].
He continued that "Virtually every industry -- cable,
broadcast and satellite -- has either fully embraced my plan,
or made real commitments to advance the transition. I deeply
appreciate these efforts."
However, he added that "The missing piece of the DTV
puzzle is the consumer electronics industry. We have not yet
received a final response from the manufacturers on the
phased-in inclusion of DTV tuners in new sets. I hope they
will join their industry colleagues and come forward with real
and tangible commitments to advance the transition." |
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| NTIA Director Addresses
Broadband, Spectrum and ICANN Issues |
7/11. Nancy
Victory, head of the National
Telecommunications and Information Administration (NTIA),
gave speech
at the GBDe
Sherpa meeting in Washington DC in which she addressed
broadband, spectrum management and ICANN reform.
She again addressed the theme that rights of way obstacles are
delaying broadband deployment. She said that "The
Administration has also been working to identify and eliminate
unnecessary government impediments to broadband competition
and deployment. One issue where NTIA is taking the lead is on
rights of way management. This is one issue where all sectors
of the broadband industry -- Bell Operating Companies, CLECs,
cable providers, overbuilders, and wireless providers --
actually share the same point of view. All participants are
concerned that restrictions by certain municipalities and
federal government landowners on accessing public rights of
way and tower sites might be inhibiting or at least delaying
broadband network construction."
She also predicted that "the FCC will be taking action in
one or all of the broadband proceedings by the end of the
year."
She next addressed spectrum management by the NTIA and other
federal agencies. She said that the various government
agencies must work collaboratively, and "develop policies
that encourage spectrum efficiency".
She also said that government "must establish forward
looking policies that enable technological advances and
eliminate legacy regulations that stand in the way of
innovation", such as "creating secondary markets
that would permit parties to ``lease´´ their spectrum to
others", and unlicensed spectrum bands.
She also stated that ICANN should focus on core DNS management
responsibilities. She said that "ICANN was formed by
private sector interests in 1998 to bring more coordination
and sustainability to the domain name management system, as
the Internet grew into a large-scale global network. The
Department entered into a Memorandum of Understanding with
ICANN to carry out these functions. Recently, there have been
calls for ICANN to review its mission, structure and processes
for their efficacy and appropriateness in light of the needs
of today's Internet. ICANN itself has initiated its own
process of reform. The Department believes these discussions
are healthy and essential to ensuring the best path for stable
and secure Internet management in the future. My goal is to
ensure that ICANN reforms take place in a timely manner, are
focused on core DNS management activities, and instill
confidence and legitimacy in ICANN's operations."
Also, on July 8, Michael Gallagher, Deputy Director of the
NTIA, gave a speech
at a Center for Strategic and
International Studies event on spectrum management. He
addressed government management, Third Generation wireless
services, ultra wide band, receiver standards, introduction of
some market like approaches, and the international spectrum
management process. |
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| People and Appointments |
7/11. The Senate
Commerce Committee scheduled a hearing for Jonathan
Adelstein, Senate Majority Leader Tom Daschle's (D-SD)
choice to be a Commissioner of the Federal Communications Commission
(FCC). The hearing will be held on Tuesday, July 16 at 2:30
PM.
7/11. Alden Adkins was named Associate Director of the Securities and Exchange Commission's
(SEC) Division
of Market Regulation. He succeeds Belinda Blaine,
who left the SEC last month. He previously worked for the law
firm of Bingham
McCutchen. Before that, he worked for the National Association of
Securities Dealers. And before that, he worked at the SEC.
See, SEC
release. (Bingham Dana, a Boston based firm, and McCutchen
Doyle, a California firm, merged on July 1, 2002 to form
Bingham McCutchen. See, release
[PDF].)
7/11. President Bush nominated Alia Ludlum to be a
judge of the U.S.
District Court for the Western District of Texas. See, White
House release. She is a former prosecutor. She is
currently a U.S. Magistrate Judge in Del Rio, Texas. |
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| More News |
7/10. The House
Commerce Committee's Subcommittee on Commerce, Trade, and
Consumer Protection amended and approved HR 5058,
The Financial Accounting Standards Board Act. The Subcommittee
approved an En
Bloc Amendment offered by Rep. Clifford Stearns
(R-FL), as amended by and amendment
by Rep. John Dingell
(D-MI).
7/11. Rep. Mike Oxley
(R-OH), Chairman of the House Financial
Services Committee, wrote a letter
[PDF] to Michael
Powell, Chairman of the Federal
Communications Commission (FCC) regarding FCC oversight of
WorldCom and other
telecommunications carriers.
7/11. The Federal Communications
Commission's (FCC) Daily Digest for July 11 states that
the FCC's Office of Plans
and Policy (OPP) released OPP Working Paper No. 36 titled
"The Potential Relevance to the United States of the
European Union's Newly Adopted Regulatory Framework for
Telecommunications". However, the provided hyperlink
[PDF] is not active. For more information, contact the author,
Scott Marcus, at 202 418-0611. |
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| Friday, July 12 |
The House will meet at 9:00 AM for legislative business. No
votes are expected after 6:00 PM.
10:00 AM. Hearing before the U.S.
District Court (EDVa) in Washington Post v. Gator
on the Washington
Post's motion for preliminary injunction. Plaintiffs
allege web based copyright infringement in their complaint
[99 pages in PDF] and Memorandum
in Support of Plaintiffs' Motion for Preliminary Injunction
[35 pages in PDF]. Tape recorders and cameras are prohibited
in the courtroom. Location: Room 800, 8th Floor, Albert Bryan
Courthouse, 401 Courthouse Square, Alexandria, VA.
12:00 NOON. The Cato Institute
will host a briefing titled Profiling and National IDs:
Security and Freedom in a Free Society. The speakers will
be Charlotte Twight (author of Dependent on D.C.: The Rise of
Federal Control over the Lives of Ordinary Americans), Robert
Levy (Cato), and Timothy Lynch (Cato). See, registration
page. Lunch will follow. Location: Room B-354, Rayburn
Building.
12:00 NOON - 2:00 PM. The Progress
and Freedom Foundation (PFF) will host a panel discussion
titled When Wireless Grows Up: Mandates vs. Markets for a
‘Mature’ Industry. The scheduled speakers include Rudy
Baca (Precursor Group), Steven Berry (CTIA)
and Kevin Krufky (office of Sen. Sam Brownback).
See, PFF
notice. To register, contact Rebecca Fuller at 202
289-8928 or rfuller@pff.org.
Location: Room B340, Rayburn Building. |
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| Monday, July 15 |
12:30 PM. Larry Mefford (Assistant Director, FBI Cyber
Division) will give a speech. Pre-registration is required to
attend; contact Kristin Woolley at 703 284-5323 or kwoolley @itaa.org.
Location: Oracle Corporation, 1910 Oracle Way, Reston, VA.
Day three of four of the National
Association of Patent Practitioners' (NAPP) annual
meeting. See, registration
and information page. At 9:00 AM, Steve Kunin (Deputy
Commissioner for Patent Examination Policy) will speak. At
10:00 AM, Robert Clarke (Office of Patent Legal
Administration) will speak on Section
102(e). At 12:15 PM, Nicholas Godici (Commissioner of
Patents) will give the luncheon address. Location: Wyndam
Washington DC, 1400 M Street, NW. |
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| Tuesday, July 16 |
9:30 AM. The FCC will hold a
meeting. Location: FCC, 445 12th Street, SW, Room TW-C05
(Commission Meeting Room).
LOCATION CHANGE. 10:00 AM.
The Senate Banking
Committee will hold a hearing. Federal Reserve Board
Chairman Alan
Greenspan will deliver his semi annual report on monetary
policy. See also, media
advisory regarding procedures for covering this hearing.
Press contact: Jesse Jacobs at 202 224-1654. Location: Room
216, Hart Building.
10:00 AM. The Senate
Finance Committee will hold a hearing to examine homeland
security and international trade issues. Location: Room 215,
Dirksen Building.
2:00 PM. The Senate
Judiciary Committee's Subcommittee on Administrative
Oversight and the Courts will hold a hearing to examine the FBI's computer
hardware problems. Press contact: Mimi Devlin at 202
224-9437. Location: Room 226, Dirksen Building.
2:30 PM. The Senate
Commerce Committee will hold a hearing on the nomination
of Jonathan Adelstein to be a FCC
Commissioner. Location: Room 253, Russell Building.
Deadline to submit reply comments to the FCC regarding
its Notice of Proposed Rulemaking regarding the consequences
of the FCC's classification of cable modem service as an
information service. This is CS Docket No. 02-52. See, FCC
release [PDF] and notice
in Federal Register. |
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| Wednesday, July 17 |
9:30 AM. The Senate
Commerce Committee will hold a hearing on legislation to
authorize funding for the FTC. Location: Room 253,
Russell Building.
10:00 AM. Federal
Reserve Board Chairman Alan
Greenspan will testify before the House Financial
Services Committee. He will deliver his semi annual report
on monetary policy. See, notice.
Location: Room 2128, Rayburn Building.
12:00 NOON. The Congressional
Internet Caucus Advisory Committee will host a luncheon.
The scheduled speakers include Richard Clarke (Special Advisor
to the President for Cyberspace Security) and Kathleen
Abernathy (FCC Commissioner). An RSVP is required to
attend. Contact either rsvp@netcaucus.org
or call Danielle at 202-638-4370. Location: Reserve Officers
Association, 1st and Constitution, NE.
1:00 - 4:00 PM. The Department of Commerce's (DOC) Technology Administration
will host a workshop on digital entertainment and its
availability to consumers. Phil Bond (Under Secretary of
Commerce for Technology) and James Rogan (Director of the
USPTO) will co-host the event. For more information, contact
Chris Israel, Deputy Assistant Secretary for Technology
Policy, at 202 482-5687. See, notice
in the Federal Register, July 3, 2002, Vol. 67, No. 128, at
Page 44597. Location: Room 4830, Hoover Building, 1401
Constitution Ave., NW.
Extended deadline to submit reply comments to the FCC in response
to its notice of proposed rulemaking regarding its unbundling
analysis under § 251
of the Communications Act and the identification of specific
unbundling requirements for incumbent local exchange carriers.
See, May 29 order
[PDF] extending deadline from June 5 to July 17. See also, notice
in the Federal Register. This is CC Docket No. 01-338. |
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| Thursday, July 18 |
9:30 AM. The House
Commerce Committee's Subcommittee on Commerce, Trade, and
Consumer Protection will hold a hearing titled "Are
All Online Travel Sites Good for the Consumer: An Examination
of Supplier Owned Online Travel Sites". See, notice.
Webcast. Location: Room 2123, Rayburn Building.
2:30 PM. The Senate
Commerce Committee will hold a hearing on the nominations
of Kathie Olsen and Richard Russell to be Associate Directors
of the Office of Science and
Technology Policy. Location: Room 253, Russell Building.
Deadline to submit comments to the FCC in response
to its request for comments on the FCC's Office of Plans and Policy's
(OPP) Working
Paper No. 35 [PDF], titled "Horizontal Concentration
in the Cable Television Industry: An Experimental
Analysis" authored by Mark Bykowsky, Anthony Kwasnica and
William Sharkey. See, Public
Notice [PDF]. |
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