Cybersecurity policy continues to inch its way forward this year, as the Senate slowly works through votes on President Trump’s cabinet nominees and a key House committee chairman develops plans for a March hearing to examine multiple pressing questions beyond those involving Russian hacking and influence.
But heading into the President’s Day recess, the probe by various congressional panels into Russian efforts to influence the 2016 elections, and contacts between Trump representatives and Russian officials, continues to overshadow other cyber policy questions and needs.
“We need to resolve these issues so we can get on with cyber policy questions,” Sen. Claire McCaskill of Missouri, the new top Democrat on the Homeland Security and Governmental Affairs Committee, told InsideCybersecurity.com. “It’s hard to get to that until this is resolved.”
Couple that controversy with Senate Democrats’ slow-walking of Trump’s nominees and it’s little surprise that Congress has yet to dive deeply into other cybersecurity issues.
The Senate on Feb. 16 confirmed Mick Mulvaney as director of the Office of Management and Budget, which shares responsibility with Department of Homeland Security for securing federal networks.
OMB is expected to play a central role, along with DHS, in assessing federal agencies’ cyber readiness under a pending executive order on cybersecurity, according to drafts of that plan.
The Senate also took procedural steps to advance the nomination of Wilbur Ross to lead the Commerce Department, setting the stage for a final vote on his confirmation. The Commerce Department has been at the front of government-industry collaboration on cybersecurity.
Rick Perry, nominated for Energy secretary, is in line for a vote shortly after the Senate returns from the President’s Day recess. His department’s role on cyber is also expected to be enhanced by that executive order.
The Senate Intelligence Committee, meanwhile, has yet to schedule a hearing for former Sen. Dan Coats, R-Ind., nominated to serve as Director of National Intelligence.
“Dan Coats is waiting to be approved,” Trump complained at his Feb. 16 press conference. “I mean he is a senator and a highly respected one and he’s still waiting to be approved.”
Amid all that, the legislative gears are just beginning to turn.
House Homeland Security Chairman Michael McCaul, R-Texas, is planning for a March hearing on the Department of Homeland Security’s cyber role and broader cybersecurity policy questions.
“In March the Committee is planning a hearing to examine DHS’ civilian cyber defense mission and path forward,” a committee aide told InsideCybersecurity.com. “Cyber threats continue to evolve and DHS plays an essential role in keeping America safe through its information sharing relationships with the private sector and in its role securing the .gov domain.”
The exact date and agenda have yet to be announced.
But the aide continued, “The hearing will explore the nation’s civilian cyber defense needs and DHS’ role and mission while setting the stage for our legislative plans to reorganize [the department’s cyber functions] to most effectively carry out its cyber mission. We will work with the incoming DHS cyber folks on this. Exact timing is unknown, but we could foresee a scenario where [the legislation is] introduced late spring.”
That legislation was stalled last year in a turf fight between McCaul’s panel and the House Oversight and Government Reform and Energy and Commerce committees. Those panels have now signed a memorandum of understanding that McCaul hopes will clear away such obstacles and allow his DHS reform bill to pass.
In the meantime, the expanding Russia controversy continues to overshadow any question related to cybersecurity. That almost certainly will continue to be the case for the foreseeable future after Congress gets back from recess.
Charlie Mitchell is editor of InsideCybersecurity.com, an exclusive service covering cybersecurity policy from Inside Washington Publishers, and author of “Hacked: The Inside Story of America’s Struggle to Secure Cyberspace,” published by Rowman and Littlefield.
