Date: 2002-07-25
Speaker: TOM DAVIS (republican)
Chamber: H
State: Virginia

Mr. Chairman. I rise in support of the cybersecurity information security language included in the Chairmans en bloc amendment. The events of September 11 and ensuing war on terrorism have raised an unprecedented awareness of the vulnerabilities we face. This has naturally focused more attention on security issues. particularly with respect to information security. From my work on the Committee on Government Reform. it is clear that the state of Federal information security suffers from a lack of coordinated. uniform management. Federal information systems continue to be woefully unprotected from both malignant and benign interruptions. Title XI in the managers amendment incorporates the major provisions of the Federal Information Security Management Act of 2002. FISMA. which will strengthen the information security management infrastructure within the Federal Government. FISMA will achieve several objectives vital to Federal information security. Specifically. it will remove GISRAs sunset clause. and permanently require a Federal agencywide riskbased approach to information security management with annual independent evaluations on agency information security practices. Second. it will iequire that all agencies implement a riskbased management approach to developing and implementing information security measures for all information and information systems. Third. it will streamline and make. technical corrections to GISRA to clarify and simplify its requirements. Fourth. it strengthens the role of the National Institute of Standards and Technology in the standardsetting process. and. finally. it requires OMB to implement minimum and mandatory standards for Federal information and information systems. and to consult with the Department of Homeland Security regarding the promulgation of these standards. The critical infrastructure information provisions included in H.R. 5005 will promote voluntary informationsharing among our Nations critical infrastructure and assets. The provisions are supported by every critical infrastructure sector. Critical infrastructures are those systems that are essential to the minimum operations of the economy and government. Traditionally these sectors operated in the private sector. largely independently of one another. and coordinated with government to protect themselves against threats posed by traditional warfare. Today the public and private sectors must learn how to protect themselves against unconventional threats. such as terrorist attacks and cyberintrusions. In Presidential Decision Directive 63. issued by the previous administration. concerns about the Freedom of Information Act. antitrust. and liability were identified as primary barriers to facilitating informationsharing with the private sector. The provisions in the amendment address these concerns by providing a limited FOIA exemption. civil litigation protection for sharing information. and a new process for resolving potential antitrust concerns for information shared among private sector companies for the purpose of correcting. avoiding. communicating. or disclosing information about a critical infrastructure threat or vulnerability. These provisions will enable the. private sector. including informationsharing organizations. to move forward without fear from government reprisals. and allow us to have a timely and accurate assessment of the vulnerabilities of each sector to physical and cyberattacks and allow for the formulation of proposals to eliminate these vulnerabilities without increasing government regulation. or expanding unfunded Federal mandates on the private sector. and I urge its adoption. We all know that the Federal. State and. local governments will spend billions and billions of dollars to fight the war against terror. Contentious floor debates aside. we all support these efforts. But to me. the question isnt simply how much we spend. but how well we spend it. Since the tragic events of 9/11 the Government. in general. and theOffice of Homeland Security. in particular has been overwhelmed by a flood of industry proposals offering various solutions to our homeland security challenges. Because of a lack of staffing expertise. many of these proposals have been sitting unevaluated. perhaps denying the Govemment breakthrough technology. In February. I held a hearing in my Subcommittee on Technology and Procurement Policy on homeland security challenges facing the Government. One theme that was expressed unanimously by industry was the need for an organized. cohesive.. comprehensive process within the Government to evaluate privatesector solutions to homeland security problems. Now we have part of the solution. with the creation of the new Department of Homeland Security in the bill on the floor today. Chairman ARMEY at my request included language in a new section 309 which his based on H.R. 4629. legislation I introduced in May. This language will close the loop and provide a vehicle to get these solutions into government and to the front lines in the war against terror. Chairman ARMEYS Managers amendment included a new section 309 in the Homeland Security Act to the establish within the Department a program to meet the current challenge faced by the Federal Government. as well as by State and local entities. in leveraging private sector innovation in the fight against terror. The amendment would establish a focused effort by: Creating a centralized -Federal clearinghouse in the new Department for information relating to terrorfighting technologies for dissemination to Federal. State. local and private sector entities and to issue announcements to industry seeking unique and innovative antiterror solutions. Establishing. a technical assistance team to assist in screening propdsals for terrorfighting technology to assess their feasibility. scientific and technical merit and cost. and Providing for the new Department to offer guidance. recommendation and technical assistance to Federal. State. local and private efforts to evaluate and use antiterror technologies and provide information relating to Federal funding. regulation. or acquisition regarding these technologies. Since September 11. we have all been struggling to understand what changes will occur in our daily lives. in our economy. and within the Government. We now will establish a new Department of Homeland Security to focus and coordinate the war against terror. The new section 309 in this landmark legislation will give the new Department the framework it needs to examine and act on the best innovations the private. sector has to offer. I would also like to offer my thanks to the staff of the Science and Energy and Commerce Commhittees who collaborated with my staff in crafting this consensus amendment.