Last month, Rep Ross (D,NC) introduced HR 302, the Energy Cybersecurity University Leadership Act of 2022. After finding that integrating “cybersecurity considerations into the research, design, and development of energy infrastructure represents a cost-effective approach to enhancing the security, resilience, and reliability”, this bill would require DOE to establish an “Energy Cybersecurity University Leadership Program”. No money is authorized by this bill for the program.
This bill is nearly identical to HR 7569 introduced in the last session by Ross. That bill was recommended favorably by the House Science, Space and Technology Committee without amendment. It was approved in the House in July 2022 by a vote of 336 to 90 as part of a en bloc consideration of twelve bills debated under the suspension of the rules process. The earlier bill included a Findings subsection that was not included in the current bill.
Definitions
Section 2(c) provides definitions of key terms used in the legislation. Most are terms describing specific types of educational institutions which are defined by reference to existing statutory definitions. There are no technical terms defined in this bill.
The Program
Section 2(a) requires DOE to establish an Energy Cybersecurity University Leadership Program. The program will:
Provide financial assistance, on a competitive basis, for scholarships, fellowships, and research and development projects at institutions of higher education to support graduate students and postdoctoral researchers pursuing a course of study that integrates cybersecurity competencies within disciplines associated with energy infrastructure needs,
Provide graduate students and postdoctoral researchers supported under the Program with research traineeship experiences at National Laboratories and utilities, and
Conduct outreach to historically Black colleges and universities, Tribal Colleges or Universities, and minority-serving institutions.
An obligatory report to Congress is required.
Moving Forward
The House is scheduled to consider HR 302 on Monday under the suspension of the rules process. That process provides for limited debate, allows for no floor amendments, and requires a super-majority for passage. Scheduling a bill for consideration under this procedure indicates that the leadership expects the bill to receive substantial bipartisan support.
Commentary
This bill does not authorize any funding for the Leadership Program. Historically, this has been a fairly common practice for relatively low-cost programs. Funding typically comes from the ‘fat’ in the appropriations bill. Under the 118th Congress, however, this may pose a problem. The new House Rules adopted last month allows anyone to raise a point of order against any money in a spending bill that is allocated to a program in excess of the amount specifically authorized by legislation. Whether this program would draw someone’s congressional ire come appropriations time is hard to predict.