HR 4512 Introduced
Digital Economy Cybersecurity
Back in July, Rep Pfluger (R,TX) introduced HR 4512, the Digital Economy Cybersecurity Advisory Act of 2023. The bill would formally authorize the DOC’s current Digital Economy Board of Advisors and expand the coverage of the Board to cover cybersecurity activities. It would amend the National Telecommunications and Information Administration Organization Act, by adding a new §106, Digital Economy and Cybersecurity Board of Advisors. No funding is authorized by this legislation.
Definitions
Subsection (f) provides the definitions for two key technical terms used in this section:
The Board
The Board would provide recommendations to NTIA (or the Secretary through the NTIA) on:
Technical cybersecurity best practices regarding how to drive economic growth while securing information and communications networks, including how to secure the Border Gateway Protocol used by Federal and non-Federal entities,
Cybersecurity policies to support the development and implementation of cybersecurity practices with respect to the internet and information and communications networks,
Policies that promote the security and resilience to cybersecurity incidents of information and communications networks while fostering innovation, including policies that promote secure supply chains for information and communications networks, and
Policies to remove barriers to trust, security, innovation, and commercialization with respect to information and communications networks.
The Board will consist of between 5 and 25 people appointed by NTIA. Registered lobbyists will not be eligible to serve on the Board. Members will be representative of:
Chief cybersecurity officers or other qualified individuals employed in cybersecurity positions, representing both the public and private sectors,
Persons who operate or maintain information and communications networks,
Vendors that produce or provide equipment used in information and communications networks,
Vendors that produce or provide software used in information and communications networks, and
Persons who operate or maintain internet applications.
The authorization for this Board will sunset four years after the enactment of this legislation.
Moving Forward
Pfluger is a member of the House Energy and Commerce Committee to which this bill was assigned for consideration. This means that there should be sufficient influence to see this bill considered in Committee. I see nothing in this bill that would engender any organized opposition. I suspect that there will be some level of bipartisan support for this bill. I do not know if there would be sufficient support to see the bill considered under the House’s suspension of the rules process.
Commentary
This is the first time that I have seen verbiage in a bill forming an advisory committee/board that specifically prohibits a registered lobbyist from serving on the committee/board. The bill uses the Lobbying Disclosure Act of 1995 (2 USC 1601 et seq.) to define the term ‘registered lobbyist’. While I understand the political urge to ‘drain the swamp’ and exclude lobbyists from a position that would see them participating in guiding DOC/NTIA policy development. Unfortunately, anyone that serves on the Board that receives compensation for their participation, is going to have to register as a lobbyist under §1603 because providing the recommendations outlined in §106(b) would be ‘lobbying activities’ defined in §1602(7).
The definition of lobbying contact does specifically have an exception {§1602(8)(b)(vi)} that covers participation in an advisory committee as long as the committee is subject to the provisions of 5 USC 10. There is nothing, however, in this bill that would require the Board to comply with those provisions. Language could be added to §106(c)(3) to correct this shortcoming:
“(3) CHAIR.—The Chair of the Board shall be the Associate Administrator of the National Telecommunications and Information Administration for Policy Analysis and Development. The Chair will ensure that the Board conducts it’s activities in accordance with 5 USC 10.”