U.S. Senate Cybersecurity Legislation
Two major bills are before the Senate.
Senator Joseph I. Lieberman (D-CT), Chairman of the Senate Committee on Homeland Security and Governmental Affairs and Senator Susan Collins (R-ME), Ranking Member of the Senate Committee on Homeland Security and Governmental Affairs are sponsoring S. 2105, A Bill to Enhance the Security and Resiliency of the Cyber and Communications Infrastructure of the United States, also known as the Cybersecurity Act of 2012. This bipartisan cybersecurity legislation, which is favored by the Administration, would give regulatory authority to the Homeland Security Department to write security standards in conjunction with industry. The bill would also put the Department at the center of efforts to improve the sharing of threat information between businesses and the Federal government.
Senator John McCain (R-AZ), Ranking Member of the Senate Armed Services Committee and Member of the Senate Homeland Security and Governmental Affairs Committee, is sponsoring S. 2151, the Strengthening Enhancing Cybersecurity by Using Research, Education, Information and Technology Act of 2012 or SECURE IT. Senator McCain’s bill, which would set no such standards, is favored by Republicans. The bill would rely on the National Security Agency and the U.S. Cyber Command as the centers for improved information sharing between businesses and the Federal government. S. 2151 also authorizes private entities to employ counter measures on its own networks and allows nonfederal government agencies to voluntarily disclose cyber threat information.
In summary, Senator Lieberman’s bill favors security standards, performance requirements and the protection of the critical infrastructure networks and Senator McCain’s bill supports no such standards and improved information sharing.
Although Senators Lieberman and McCain have made efforts to discuss a compromise between the two bills, no agreement has been reached to date.
U.S. House of Representatives Cybersecurity Legislation
Two major cybersecurity bills are before the House.
Congressman Daniel E. Lungren (R-CA), Chairman of the House Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies, has sponsored H.R. 3674, the “Precise Act of 2011″ or the “Promoting and Enhancing Cybersecurity and Information Sharing Effectiveness Act of 2011.” This bill supports developing and conducting risk assessments for Federal systems and critical infrastructure information systems.
Congressman Mike J. Rogers (R-MI), Chair of the House Permanent Select Intelligence Committee and Congressman C.A. Dutch Ruppersberger (D-MD), Ranking Member of the House Permanent Select Intelligence Committee have sponsored H.R. 3523, the “Cyber Intelligence Sharing and Protection Act of 2011″ with 106 co-sponsors. This bill amends the National Security Act of 1947 to add provisions concerning cyber threat intelligence and information sharing. H.R. 3523 also requires the Director of National Intelligence to establish procedures to allow intelligence community elements to share cyber threat intelligence with private-sector entities and encourage the sharing of such intelligence.
In summary, Congressman Lungren’s bill supports developing and conducting risk assessments for the protection of critical infrastructure networks. The bill co-sponsored by Congressmen Rogers and Ruppersberger favors sharing of intelligence.
Looking Forward
Both the Senate and House are expected to consider cyber measures this spring. Capitol Hill anticipates that Senate Republicans will most likely strike out Senator Lieberman’s critical infrastructure language and House leadership may take up Senator McCain’s bill, which again, does not support standards. The House Homeland Security Committee expects to have a “cyber week” this spring, during which much legislative activity could occur. Senator Reid is confident that cyber legislation will be considered in May.
Sally Kenyon Grant
Federal Affairs Coordinator
Maryland Department of Business & Economic Development
Posted by CyberMaryland 
