Cybersecurity: Current Legislation, Executive
Branch Initiatives, and Options for Congress
Catherine A. Theohary
Analyst in National Security Policy and Information Operations
John Rollins
Specialist in Terrorism and National Security
September 30, 2009
Congressional Research Service
7-5700
www.crs.gov
R40836
CRS Report for Congress
P
repared for Members and Committees of Congress
Cybersecurity: Current Legislation, Executive Branch Initiatives, Options for Congress
Summary
Increasing focus on current cyber threats to federal information technology systems, nonfederal
critical information infrastructure, and other nonfederal systems has led to numerous legislative
cybersecurity proposals and executive branch initiatives. The proposed National Defense
Authorization Act for Fiscal Year 2010 (NDAA FY2010) and the Intelligence Authorization Act
for Fiscal Year 2010 (IIA FY2010) both contain provisions that would affect programs and
funding for current and future cybersecurity-related programs. In May 2009, the Obama
Administration issued its 60-day review of cybersecurity policy, declaring that U.S. information
networks would be treated as a strategic national asset.
There is no single congressional committee or executive agency with primary responsibility over
all aspects of cybersecurity; each entity involved pursues cybersecurity from a limited vantage
point dictated by committee jurisdiction. Many different initiatives exist, but because of
fragmentation of missions and responsibilities, “stove-piping,” and a lack of mutual awareness
between stakeholders, it is difficult to ascertain where there may be programmatic overlap or gaps
in cybersecurity policy.
Drawing from common themes found in the Comprehensive National Cybersecurity Initiative
(CNCI), a study by the Center for Strategic and International Studies (CSIS) Commission for the
44th Presidency, and the proposed near-term action plan from the President’s recent Cyberspace
Policy Review, this report identifies priority areas in cybersecurity for policy consideration. The
report then lists and synopsizes current legislation that has been developed to address various
aspects of the cybersecurity problem. It then lists the current status of the legislation and
compares legislation with existing executive branch initiatives. Finally, analysis of information
contained in executive branch initiatives and congressional legislation is used to offer
cybersecurity-related considerations for Congress.
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Cybersecurity: Current Legislation, Executive Branch Initiatives, Options for Congress
Contents
Introduction ................................................................................................................................ 1
Research Methodology.......................................................................................................... 2
Difficulties in Addressing Cybersecurity Issues ........................................................................... 2
Recent Initiatives Addressing U.S. Cybersecurity Concerns................................................... 3
The Comprehensive National Cybersecurity Initiative ..................................................... 3
Commission on Cybersecurity for the 44th Presidency ..................................................... 4
Obama Administration 60-Day Cyberspace Policy Review.............................................. 5
Common Themes of Recent Cybersecurity Initiatives............................................................ 6
Representative Sampling of Preexisting Executive Branch Programs and Initiatives .............. 6
Comparison Matrix ............................................................................................................... 8
Considerations and Options for Congress .................................................................................. 10
Tables
Table 1. Comparison of Emerging Cybersecurity Themes ............................................................ 8
Appendixes
Appendix. Cybersecurity-Related Legislation in the 111th and 110th Congresses......................... 12
Contacts
Author Contact Information ...................................................................................................... 23
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Cybersecurity: Current Legislation, Executive Branch Initiatives, Options for Congress
Introduction
Comprehensively addressing national cybersecurity-related issues is a difficult task because of a
number of technical and policy considerations. A persistent set of issues has stymied significant
progress in detecting and deterring existing threats and implementing effective safeguard
measures.1 Issues that appear to continually challenge U.S. cybersecurity efforts include
• uncertainty of the geographic location of the perpetrators of cyber attacks;
• the evolving integration of mobile technology devices into critical information
infrastructure;
• the introduction of new vulnerabilities to the nation’s infrastructure from
increasingly sophisticated threats;
• a poorly coordinated federal-private sector approach to addressing emerging
risks; and
• legal ambiguities with respect to U.S. response and offensive actions.
While the ever-changing nature of modern technological devices is often noted as a complicating
factor in securing the nation’s telecommunications and cyber infrastructure, many security
observers suggest that an equally daunting group of strategy and policy challenges must be
addressed if the United States is to continue to rely on technology as a major component of
societal activities. Since 2008, a number of strategy and policy proposals have been offered that
may assist in addressing the appropriate balance of relying on emerging technology and network-
centric governance while safeguarding critical infrastructure and control systems, as well as
privacy and civil liberty considerations.
Recent events such as the April 2007 cyber attacks on Estonia and cyber attacks during the 2008
Georgian incursion have served to increase awareness that cybersecurity is not just about
protecting computers, but also has implications for U.S. national security and economic well-
being. The Obama Administration declared that U.S. critical information infrastructures are a
strategic national asset in a May 29, 2009, speech by the President.2 Recognizing the importance
of cyberspace over the past few years, both the legislative and executive branches of government
have developed cybersecurity legislation and related initiatives, respectively. However, just as
there is no single congressional committee that can claim primary jurisdiction over cyberspace,
neither is there a single executive agency or department with sole cybersecurity responsibility or
commensurate authorities. As the President stated, “No single official oversees cybersecurity
policy across the federal government, and no single agency has the responsibility or authority to
match the scope and scale of the challenge. Indeed, when it comes to cybersecurity, federal
agencies have overlapping missions and don't coordinate and communicate nearly as well as they
should—with each other or with the private sector.”3
1 For background in cyber vulnerabilities, see archived CRS Report RL33123, Terrorist Capabilities for Cyberattack:
Overview and Policy Issues, by John Rollins and Clay Wilson.
2 White House Office of the Press Secretary, “Remarks by the President on Securing our Nation’s Cyber
Infrastructure,” press release, May 29, 2009, http://www.whitehouse.gov/the_press_office/Remarks-by-the-President-
on-Securing-Our-Nations-Cyber-Infrastructure/.
3 Ibid.
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Cybersecurity is a cross-cutting field that affects many government and non-governmental
stakeholders. As such, one of the most basic concerns, but most difficult to address, is that the
term itself can carry different connotations for the various entities. For example, the U.S. military
views cyberspace as a warfighting domain as well as a force enabler, enhancing troops’ ability to
operate in real-time and with improved situational awareness. For the Department of Defense,
cybersecurity takes on an offensive or defensive national security role. For other government
stakeholders, cybersecurity means information security, or securing the information that resides
on cyber infrastructure such as telecommunications networks, or the processes these networks
enable. And for some, cybersecurity means protecting the information infrastructure from a
physical or electronic attack.
Research Methodology
For purposes of this report, cybersecurity is broadly defined as the protection of critical
information infrastructure and its processes and content. This report does not discuss reorganizing
the executive branch to better address cybersecurity-related issues, nor does it discuss the
military’s role in securing federal cyber networks. The report presents the emerging issues in
cybersecurity as identified by the Comprehensive National Cybersecurity Initiative (CNCI), the
Center for Strategic and International Studies (CSIS) Report to the 44th President, and the Obama
Administration’s 60-day policy review report, and groups common themes into broad subject
areas. These issues are compared to the current statutory framework, new legislative efforts in the
111th Congress, and executive branch initiatives to identify commonalities and possible gaps.
Federal executive branch programs, strategy documents, and reports have been analyzed to
illustrate the government’s response to emerging challenges in cybersecurity. It should be noted
that some of the apparent gaps discovered may actually be addressed by existing classified
programs, which cannot be discussed in this unclassified report.
Difficulties in Addressing Cybersecurity Issues
Conceptual and definitional differences among agencies make a unified government strategic
approach to cybersecurity a difficult challenge to coordinate. For the Department of Defense,
cybersecurity is both the protection of its own networks, processes and content—sometimes
referred to as “information assurance”—as well as enabling the freedom of movement to fight
and win battles in cyberspace. This approach differs from that of the Department of Homeland
Security (DHS), which is tasked to coordinate cybersecurity between the rest of the federal
government and the private sector. DHS’s task is complicated, as cyberspace technology and
processes are largely owned and operated by the private sector, and as the authority of the federal
government to exert control over cybersecurity activities may be limited. Some point to the 2003
National Strategy to Secure Cyberspace as a framework for organizing and prioritizing federal
cybersecurity efforts, including the private sector. However, others note that this document fails to
take into account the rapid rate of change in technologies or fails to offer a comprehensive
strategy for combating current threats and anticipating future threats.
At the operational level, some security observers are concerned about the federal government’s
present ability to first detect and then respond in a coordinated way to a cyber incident of major
significance. Agencies may have their own response plans, procedures, and responsible entities
that vastly differ from those of other cooperating agencies. The Cyber Incident Annex to the
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National Response Plan of December 2004 describes many different authorities and policy
documents to guide a response, as well as many different organizations that must communicate
effectively in the event of a crisis. Multiple federal information systems enterprise networks make
a concerted strategic approach to network security even more difficult, in that each has its own
authentication procedures and security standards.
Another cybersecurity difficulty for the government is balancing the protection of civil liberties
and individual privacy protections with the desire for comprehensive security of networks and
information. It is difficult to secure information infrastructures and their content without tradeoffs
between security and the freedoms associated with the Internet. Many concerned about civil
liberties fear that the executive branch will use its national security powers and national defense
mandate as justification for encroaching on privacy without adequate oversight. Others regard
security measures, such as network traffic monitoring, as a violation of the Universal Declaration
of Human Rights, which states that “no one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence.”4 Complicating the issue is a lack of consensus on the
definition of “privacy” in the context of the Internet, and a lack of consensus on what sort of
government resolution may be necessary as a network security measure.
Recent Initiatives Addressing U.S. Cybersecurity Concerns
Since 2008, numerous executive branch, legislative, and think tank recommendations and
proposals have been offered to address various aspects of ongoing and emerging cybersecurity
issues. The Comprehensive National Cybersecurity Initiative (CNCI), the Center for Strategic and
International Studies (CSIS) Commission on Cybersecurity for the 44th Presidency,5 and the
White House 60-Day Cyberspace Policy Review (commonly referred to as the 60-Day Cyber
Security Review)6 are the most current attempts to frame the issue and are often referred to when
discussions arise regarding how best to identify challenges and implement changes to the current
U.S. approach to cybersecurity.
The Comprehensive National Cybersecurity Initiative
In January 2008, the Bush Administration initiated the Comprehensive National Cybersecurity
Initiative (CNCI) in an effort to make the United States more secure against cyber threats. The
Homeland Security Presidential Directive 23 and National Security Presidential Directive 54
establishing the CNCI are classified, although some details of the initiative have been made
public through departmental press releases, speeches by executive branch leaders, and analysis
offered by individuals who follow cybersecurity- and terrorism-related issues.
Reportedly, the CNCI “establishes the policy, strategy, and guidelines to secure federal systems.”7
The CNCI also delineates “an approach that anticipates future cyber threats and technologies, and
4 Article 12 of the Universal Declaration of Human Rights, accessed at http://www.un.org/en/documents/udhr/.
5 CSIS Commission on Cybersecurity for the 44th Presidency, Securing Cyberspace for the 44th Presidency, December
2008, http://www.csis.org/tech/cyber/.
6 The White House, Cyberspace Policy Review, May 29, 2009, http://www.whitehouse.gov/assets/documents/
Cyberspace_Policy_Review_final.pdf.
7 Department of Homeland Security, Fact Sheet: DHS End-of-Year Accomplishments, December 18, 2008,
http://www.dhs.gov/xnews/releases/pr_1229609413187.shtm.
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requires the federal government to integrate many of its technical and organizational capabilities
to better address sophisticated threats and vulnerabilities.”8 Rather than serving as an overarching
national strategy document with specific instructions for federal agency implementation
activities, the CNCI is seen as a plan of action for programs and initiatives to be addressed at the
operational and tactical level. Given the classified nature of the presidential directives and the
secrecy accompanying department and agency activities related to this issues, few details are
known about CNCI-related federal government implementation efforts. According to one media
account, Steven Chabinsky, Deputy Director of the Joint Interagency Cyber Task Force for the
Office of the Director of National Intelligence, stated at an information technology security
conference that there are 12 objectives supporting the initiative’s goal of comprehensively
addressing the nation’s cyber security concerns.9 These include the following:
1. Move toward managing a single federal enterprise network (an integrated
communications system architecture for the federal government with common
security standards across the network).
2. Deploy intrinsic detection systems.
3. Develop and deploy intrusion prevention tools.
4. Review and potentially redirect research and funding.
5. Connect current government cyber operations centers.
6. Develop a government-wide cyber intelligence plan.
7. Increase the security of classified networks.
8. Expand cyber education.
9. Define enduring leap-ahead technologies (investing in high-risk, high-reward
research and development to ensure transformational change).
10. Define enduring deterrent technologies and programs.
11. Develop multi-pronged approaches to supply chain risk management (potential
tampering within the production line and the risk associated with computer
products and parts made outside the United States).
12. Define the role of cybersecurity in private sector domains.
Commission on Cybersecurity for the 44th Presidency
A Cybersecurity Commission (the Commission) organized by the Center for Strategic and
International Studies (CSIS) was formed in 2008 to provide advice to the new Administration on
the creation and maintenance of a comprehensive cybersecurity strategy. In a December 2008
report, the Commission provided findings and recommendations to secure cyberspace during the
44th presidency and to help inform policymaking. The following actions were proposed in the
report as areas requiring priority attention:
• create a comprehensive national cybersecurity strategy;
8 Department of Homeland Security, Department Responsibilities: Maximize Use of Science, Technology and
Innovation, http://www.dhs.gov/xabout/gc_1244659918636.shtm.
9 Jill R. Aitoro, “National Cyber Security Initiative will have a dozen parts,” NextGov, August 1, 2008.
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• lead from the White House;
• reinvent public-private partnership;
• regulate cyberspace;
• authenticate digital identities;
• modernize legal authorities;
• use acquisitions to improve security;
• build capabilities through research training and education.
Obama Administration 60-Day Cyberspace Policy Review
On May 29, 2009, President Obama issued the results of the Administration’s 60-Day Cyberspace
Policy Review (60-day review). Following the issuance of the CNCI, the review’s goal was to
assess U.S. policies and organizational structures for cybersecurity. In order to develop a strategic
framework to ensure that the U.S. government’s initiatives are appropriately integrated,
resourced, and coordinated, the following near-term action plan issues were noted in the 60-day
review:
• Appoint a cybersecurity official to coordinate interagency strategy and policy.
• Prepare and update national strategy to secure the information and
communications infrastructure.
• Designate cybersecurity as one of the President’s key management priorities and
establish performance metrics.
• Designate a privacy and civil liberties official in the NSC cybersecurity
directorate.
• Convene appropriate interagency mechanisms to conduct legal analysis of
priority cybersecurity issues.10
• Initiate a national cybersecurity public awareness and education campaign.
• Develop U.S. government positions for an international cybersecurity policy
framework.
• Prepare a cybersecurity incident response plan.
• Develop a framework for research and development strategies that focus on
“game-changing” technologies that enhance security.
• Build a cybersecurity-based identity management vision and strategy that
addresses privacy and civil liberties interests.
10 For additional information and analysis regarding potential legal considerations of cybersecurity related issues, see
CRS Report R40427, Comprehensive National Cybersecurity Initiative: Legal Authorities and Policy Considerations,
by John Rollins and Anna C. Henning.
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Common Themes of Recent Cybersecurity Initiatives
Some common themes begin to emerge from the initiatives and recommendations suggested in
CNCI, the CSIS report, and the 60-day review. These themes are broadly captured under the
following headings:
National cybersecurity strategy—conceptualizing a current comprehensive approach toward a
government-wide cybersecurity solution, outlining ends, ways, and means along with a
prioritization of effort.
Executive branch organization—reorganizing existing executive branch structures, or standing
up new entities to coordinate cybersecurity throughout the interagency process.
Congressional oversight concerns—identifying committee jurisdictions to oversee budgetary
priorities and goals for cybersecurity programs.
Establish/update legal authorities—expanding and/or clarifying roles and responsibilities of
cybersecurity stakeholders.
Privacy and civil liberties—maintaining privacy and freedom of speech protections on the
Internet while devising cybersecurity procedures.
Awareness, research, education, and training—developing a workforce to meet cybersecurity
goals, raising citizenry awareness of cybersecurity best practices, and developing more secure
technologies.
Outreach, collaboration, and policy formation—working across government and with the
private sector to share information on threats and other data, and to develop shared approaches to
securing cyberspace.
These broad themes are used to compare current policy and legislative proposals with executive
branch initiatives. A description of selected executive branch initiatives is followed by a
comparison matrix that illustrates trends in cybersecurity efforts.
Representative Sampling of Preexisting Executive Branch Programs
and Initiatives
Upon release of the Administration’s 60-day review, President Obama announced the creation of
a new cabinet-level position to coordinate cybersecurity strategy and policy across the federal
government. This new “Cyber Coordinator,” sometimes referred to as a “Cyber Czar,” is to report
to the National Security Advisor and the Director of the National Economic Council. As of
September 2009, the position has not been filled.
Programs in several departments address various aspects of cybersecurity within their respective
areas of responsibility. While every department and agency has an individual and collective role
in securing federal cyber enterprises, some organizations have appeared to have greater authority
and capability than others. A few of the departments and their accompanying responsibilities are
noted below.
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The Department of Commerce’s National Institute of Standards and Technology (NIST) has
primary responsibility for reducing cyber vulnerabilities in the electrical grid. In the Energy
Independence and Security Act of 2007 (EISA; P.L. 110-139), Congress directed NIST to lead
the Department of Energy and other agencies in ensuring an interoperable, secure, and open
energy infrastructure that will enable all electric resources to contribute to an efficient and
reliable electricity network. Specifically, EISA gave NIST “primary responsibility to coordinate
development of a framework that includes protocols and model standards for information
management to achieve interoperability of smart grid devices and systems.” Cybersecurity and
associated standards are being addressed as part of this Smart Grid Interoperability Framework
that is under development.11 NIST is also tasked to promote the development of key security
standards and guidelines to support the implementation of and compliance with the Federal
Information Security Management Act of 2002 (FISMA; P.L. 107-347).12
The Department of Health and Human Services (HHS) has recently adopted new interoperability
standards for health care information technology. HHS is responsible for implementing privacy
and security standards for electronic personal health information.13
The Department of Homeland Security (DHS) leads the cybersecurity coordination for non-
military departments and agencies in the federal government. The National Cyber Security
Directorate works with private industry on a voluntary basis to promote safe cybersecurity
practices. DHS is also home to the National Cyber Security Center, a clearinghouse whose
mission is to coordinate information from all agencies to help secure cyber networks and systems,
foster collaboration, and improve situational awareness.
The Department of Defense (DOD) has a number of programs designed to address vulnerabilities
and threats to its own networks. Secretary Gates recently announced the creation of a new sub-
unified command under the U.S. Strategic Command, to be called U.S. Cyber Command
(CYBERCOM). This new command is to coordinate a unified approach to defending and
securing military cyber networks. The December 2006 National Military Strategy for Cyberspace
Operations (NMS-CO) guides computer network attack and defense principles. The Defense
Industrial Base (DIB) initiative provides a vehicle through which DOD and industry partners can
better share information on cyber threats and defense practices. DOD also has established a
Cybercrime Center (DC3) that assists in criminal, counterintelligence, counterterrorism, and fraud
investigations by the Defense Criminal Investigative Organizations (DCIOs) and DOD
counterintelligence activities. In addition to setting forensics standards, it provides training and
testing laboratories for protection of defense information systems.
Common themes often noted by many cybersecurity experts underscore a lack of transparency
and dearth of defined departmental roles and responsibilities in addressing cyber-related issues
from a comprehensive national approach. Such concerns often assert that a continuation of
addressing cyber incidents as a myopic individual agency responsibility will eventually lead to
increased systemic national vulnerabilities and put the nation at greater risk. It is argued by some
11 Testimony of Cita M. Furlani, Director Information Technology Laboratory, National Institute of Standards and
Technology, United States Department of Commerce, Before the House Committee on Homeland Security
Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology, United States House of
Representatives July 21, 2009.
12 See CRS Report RL32357, Computer Security: A Summary of Selected Federal Laws, Executive Orders, and
Presidential Directives, by John D. Moteff.
13 See CRS Report RS20934, A Brief Summary of the HIPAA Medical Privacy Rule, by Gina Stevens.
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that a more strategic approach to detecting, identifying, mitigating, and responding to future cyber
incidences may strengthen both the individual agency and the whole-of-government approach to
securing the technologies that underpin every aspect of modern society.
Comparison Matrix
The following table is designed to assist in identifying emerging cybersecurity themes contained
within previously enumerated respective executive branch activities, including both
Administration-led initiatives, federal agency programs, statutes, and proposed legislation. While
the issue contained in the applicable legislation and executive branch initiatives do not always
perfectly align (based on the number of issues addressed and the degree of specificity), Table 1
notes corresponding legislation proposed in both the 111th Congress and the 110th Congress to
relevant existing statutory frameworks. Finally, current appropriations bills are shown to illustrate
congressional spending priorities. Overview lists and summaries of the cybersecurity-related
legislation are found in the Appendix.
Table 1. Comparison of Emerging Cybersecurity Themes
Executive Branch
Statutory
Emerging Issues
Activity
111th Congress
110th Congress
Framework
National
CNCI; 60-Day
S. 773
44 U.S.C. § 3541; 18
Cybersecurity
Review; 2003 NSSC;
U.S.C. § 1030
Strategy
NMS-CO
Executive Branch
Cyber Coordinator;
H.R. 1174; H.R.
Organization
CYBERCOM; DHS
1910; S. 921; H.R.
NCC, NCSD
2165; H.R. 2195; S.
778;
Congressional
S. 1494; S. 1438
Oversight Concerns
Establish/Update
S. 773; S. 946
Legal Authorities
Privacy and Civil
HHS Rules
H.R. 1
42 USC § 201; 18
Liberties
U.S.C. § 1030
Awareness,
DOD Cybercrime
H.R. 2200; H.R.
H.R. 1; H.R. 4986;
Research,
Center; DHS NCC
2454; S. 177; S.
H.R. 2764; H.R.
Education, Training
1391; H.R. 2647;
2638
H.R. 2892; H.R. 266;
H.R. 1
Outreach,
Cyber Coordinator;
S. 1436; H.R. 2020;
H.R. 6
Collaboration and
DIB Initiative; NIST
H.R. 1
Policy Formation
standards
Appropriations
H.R.
3293;
H.R. H.J.Res. 20
2892
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A common theme emerging from a review of the current proposals is the need for a current
comprehensive national cybersecurity strategy. The most recent strategy, the 2003 National
Strategy to Secure Cyberspace, outlined a unified, whole-of-government approach to dealing with
cybersecurity.14 Some say that the 2003 policy has not kept pace with the rapidly evolving
technologies and threats in cyberspace, and have called upon the Administration to craft 15a new
national cybersecurity strategy with the assistance of Congress. Others say it is not a
comprehensive strategy but is instead a set of recommendations, much like the CSIS Commission
report. The Administration’s 60-day review’s near-term action plan calls for preparing and
updating a new national strategy for securing communications and information infrastructure.
From the table, the legislative branch appears to share this concern; legislation proposed in S. 733
calls upon the President to present a national strategy within one year of the bill’s enactment. This
bill would also create a national advisory panel to oversee implementation of the strategic plan
and to periodically advise the president on the need for revising the strategy. Some have criticized
the provision, which would give the President emergency control over public and private
networks in the event of a crisis, and have argued that the bill is vague in addressing civil liberties
protections. As this legislation is marked up, alternative proposals may be considered.
Another area of interest is executive branch organization. As the federal government continues to
organize to defend its strategic cyber assets, some Members of Congress have proposed
legislation that would create new offices or positions, or give greater authority and direction to
existing positions. It is unclear how proposals such as S. 778 to establish the Office of the
National Cybersecurity Advisor within the Executive Office of the President fits with the
administration’s recently proposed Cyber Coordinator, a cabinet position that will report to both
the National Security Advisor and the Director of the National Economic Council.16
Privacy and civil liberties concerns appear to be lacking in recent congressional proposals.
However, there are Internet privacy and non-disclosure policies written into statutory frameworks
that may not specifically address cybersecurity, such as the Health Insurance Portability and
Accountability Act (HIPAA; P.L. 104-191) and personal health care information safeguards, or
the Gramm-Leach-Bliley Act (P.L. 106-102) and financial information for corporations or
individuals. Civil liberties is an area of concern for both Congress and privacy advocates, but
does not appear to be an immediate priority reflected in legislative action to date. This may
suggest to some that existing programs have emphasized securing networks before tackling the
attendant issues such as freedom of speech, privacy, and civil liberty protections as they pertain to
the Internet.
Upon review of the legislation contained in Table 1, another common area of focus appears to be
addressing issues related to workforce development, outreach, and collaboration-based initiatives.
The proposed S. 733 in its initial version contained provisions for presidential cybersecurity
authorities. Rewrites of this legislation reportedly may revise this provision.17 Such activities
14 George W. Bush, The National Strategy to Secure Cyberspace, (Washington, D.C.: The
White House, February 2003) http://www.dhs.gov/xlibrary/assets/National_Cyberspace_Strategy.pdf.
15 Declan McCullagh, “Bill would give president emergency control of Internet,” CNet News, August 28, 2009, pp.
http://news.cnet.com/8301-13578_3-10320096-38.html.
16 White House Office of the Press Secretary, “Remarks by the President on Securing our Nation’s Cyber
Infrastructure,” press release, May 29, 2009, http://www.whitehouse.gov/the_press_office/Remarks-by-the-President-
on-Securing-Our-Nations-Cyber-Infrastructure/.
17 David Sessions, “Cybersecurity Bill Gives President Broad Powers Over Internet,” PoliticsDaily, August 31, 2009,
(continued...)
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could be replaced or supplemented with the inclusion of additional focus on the training,
education, and research aspects of cybersecurity.
Considerations and Options for Congress
Questions of resources and appropriate organizational structures appear to dominate legislative
and executive branch efforts and proposals for federal cybersecurity programs. However, the lack
of a current and clearly articulated national strategy remains a concern to some. Without an
overall government strategy and underlying policies to outline cybersecurity priorities, goals, and
how to achieve them, executive organization and program funding may be a muddled process.
Congress may consider drafting legislation that would outline a strategic security framework and
priority areas for the Obama Administration to address. With the advent of a new strategy,
Congress may then wish to review the authorization and appropriations legislation for
cybersecurity related programs for possible mission duplication and adherence to strategic goals.
Reportedly, the Homeland Security and Governmental Affairs Committee, recognizing calls for
lawmakers to combine efforts, is to work with the Armed Services, Commerce, Intelligence and
Judiciary panels to craft comprehensive cybersecurity legislation.18 In addition to the options and
recommendations contained in the legislative proposals, CNCI, White House 60-Day Cyber
Security Review, and the Commission on Cybersecurity for the 44th Presidency reports, Congress
may wish to consider other options when addressing current and emerging cyber risks to the
nation. Additional options may include the following:
• Drafting legislation, strategy, and policies that take into account rapidly changing
telecommunications and Internet-based technologies.
• Ensuring risk reduction education and training is a core component for all federal
government employee performance assessments, with an advanced course
provided to individuals who spend a majority of their work time undertaking
technology-related activities.
• Requiring the National Intelligence Council to produce classified and
unclassified annual reports addressing current and emerging cyber-related based
threats.
• Requiring the Department of Homeland Security annually to produce
cybersecurity risk assessments for all nonfederal government entities with
security responsibilities. The assessments could address issues relating to current
and emerging threats, current best security practices, and mitigation and
remediation recommendations, as well as provide a venue for the recipients of
this report to submit threat information and requests for assistance to the
Department.
• Legislatively defining U.S. cyber offensive and defensive responsibilities and
authorities.
(...continued)
http://www.politicsdaily.com/2009/08/31/cybersecurity-bill-gives-president-broad-powers-over-internet/.
18 Gautham Nagesh, “Lawmakers join forces on cybersecurity legislation,” September 14, 2009, p.
http://www.nextgov.com/nextgov/ng_20090914_5789.php?oref=topstory.
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• Establishing a permanent Congressional Commission or Task Force that would
assess and report to Congress successes and ongoing challenges in U.S.
cybersecurity programs and activities.
• Drafting legislation to mandate privacy and freedom of speech protections to be
incorporated into a national strategy.
• Assessing current congressional committee jurisdiction.
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Appendix. Cybersecurity-Related Legislation in the
111th and 110th Congresses
This appendix provides an overview list of legislative proposals in the 111th Congress, followed
by a brief summary of the related section. Following this is an overview list of legislation that
was proposed in the 110th Congress, indicating legislative initiatives extending back into the
previous Administration. The final section of the appendix summarizes existing statutory
foundations in cybersecurity. These lists are not exhaustive, but rather are designed to give a
representative overview of cybersecurity related activities in the federal government and to assist
in identifying priority areas where legislation may be necessary.
This information is current as of September 28, 2009. For the most up-to-date information, please
consult the Legislative Information System (LIS) at http://www.congress.gov/.
Overview list of Bills in the 111th Congress that Address a
Cybersecurity-Related Issue
Directly tied to cybersecurity
S. 1438 Fostering a Global Response to Cyber Attacks Act (referred to Senate committee).
H.R. 266 Cybersecurity Education Enhancement Act of 2009 (referred to House
subcommittee)—expansion of professional cybersecurity education programs.
S. 778 To establish, within the Executive Office of the President, the Office of the National
Cybersecurity Advisor (referred to Senate committee).
S. 773 Cybersecurity Act of 2009 (referred to Senate committee).
Cybersecurity components as part of broader legislation
H.R. 2195 To amend the Federal Power Act to provide additional authorities to adequately
protect the critical electric infrastructure against cyber attack, and for other purposes
(referred to House subcommittee)—protection of electric infrastructure from cyber attack.
H.R. 2165 Bulk Power System Protection Act of 2009 (referred to House committee)—to
amend Part II of the Federal Power Act to address known cybersecurity threats to the reliability of
the bulk power system, and to provide emergency authority to address future cybersecurity threats
to the reliability of the bulk power system.
S. 921 United States Information and Communications Enhancement Act of 2009 (referred to
Senate committee)—creation of the National Office for Cyberspace.
H.R. 2868 Chemical Facility Anti-Terrorism Act of 2009 (referred to House committee)—
several sections mention cybersecurity in connection with overall security for chemical facilities.
S. 1494 Intelligence Authorization Act for Fiscal Year 2010 (passed/agreed to in Senate)—has
an extensive and detailed section (340) on cybersecurity oversight.
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H.R. 1910 Chief Technology Officer Act of 2009 (referred to House subcommittee)—to create
the Office of the Chief Technology Officer within the Executive Office of the President.
Tied via appropriations or authorization
H.R. 2892 Department of Homeland Security Appropriations Act, 2010 (awaiting
conference)—“$1,700,000 shall be for the Center for Counterterrorism and Cyber Crime.”
H.R. 2647 National Defense Authorization Act for Fiscal Year 2010 (awaiting conference)—
civilian cybersecurity training authorization, creation of Joint Program Office for Cyber
Operations Capabilities.
S. 1391 Department of Defense Authorization Act for Fiscal Year 2010 (awaiting
conference)—civilian cybersecurity training authorization.
Peripheral cybersecurity related or mentions
P.L. 111-5 (H.R. 1) American Recovery and Reinvestment Act, 2009—under Title XXX
Health Information Technology and Quality, section 13001 directs privacy standards for
electronic health information.
Title VI directs the Commerce Department and the Federal Communications Commission (FCC)
to institute and expand the “broadband technologies and opportunities program.”
S. 177 Strengthening Our Economy Through Small Business Innovation Act of 2009
(referred to Senate committee)—cybersecurity mentioned as a research priority for small
businesses.
H.R. 1131 Community Protection and Response Act of 2009 (referred to House
subcommittee)—includes a cyber attack in the listing of major disaster.
H.R. 1174 FEMA Independence Act of 2009 (referred to House subcommittee)—an Assistant
Secretary for Cybersecurity is mentioned for an independent FEMA.
H.R. 2454 American Clean Energy and Security Act of 2009 (placed on calendar in Senate)—
cybersecurity mentioned as a concern.
H.R. 2200 Transportation Security Administration Authorization Act (referred to Senate
committee after being received from House)—mentions a cyber attack as a security concern.
S. 1436 Energy and Water Development and Related Agencies Appropriations Act, 2010
(placed on Calendar in Senate)—for the “purpose of forming and governing a national energy
sector cyber organization that have the knowledge and capacity to focus cybersecurity research
and development and to identify and disseminate best practices; organize the collection, analysis
and dissemination of infrastructure vulnerabilities and threats; work cooperatively with the
Department of Energy and other federal agencies to identify areas where federal agencies with
jurisdiction may best support efforts to enhance security of the bulk power electric grid.”
H.R. 3293 Departments of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2010 (placed on calendar in Senate)—provides $607,482,000 for
the public health and social services emergency fund “to support activities related to countering
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potential biological, nuclear, radiological, chemical, and cybersecurity threats to civilian
populations.”
Details on Bills in the 111th Congress that Address a Cybersecurity-
Related Issue
H.R. 2892 Department of Homeland Security Appropriations Act, 2010
Status of bill: Awaiting conference.
See under: Title III—Protection, Preparedness, Response, and Recovery; infrastructure
protection and information security.
See under: Title III—Protection, Preparedness, Response, and Recovery; Federal Emergency
Management Agency; State and local programs; item 12 (B).
Summary: The bill would allocate $1,700,000 for the Center for Counterterrorism and Cyber
Crime, located in Norwich University, Northfield, Vermont.
H.R. 2454 American Clean Energy and Security Act of 2009
Status of bill: Placed on Calendar in Senate.
See under: Section 216 A—Transmission Planning. Subsection on “objectives” (1), under
“Federal Policy” (a).
Summary: One of the objectives of the mentioned “federal policy” is to provide cybersecurity
for the regional electrical grid.
H.R. 3293 Departments of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2010
Status of bill: Placed on Calendar in Senate.
See under: Title II—Office of the Secretary, public health and social services emergency fund.
Summary: Provides $607,482,000 for the public health and social services emergency fund to
support activities related to countering potential threats to civilian populations, among them,
cybersecurity related threats. Cybersecurity threats are mentioned together with biological,
nuclear, radiological, and chemical threats.
S. 1436 Energy and Water Development and Related Agencies Appropriations Act, 2010
Status of bill: Placed on Calendar in Senate.
See under: Title III—Department of Energy; Energy Programs; Electricity Delivery and Energy
Reliability.
Summary: The section would allocate funding for the Department of Energy as it relates to
electricity delivery and energy reliability. As part of the funding the Secretary must establish an
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“independent national energy sector cyber security organization to institute research, development
and deployment priorities, including policies and protocol to ensure the effective deployment of
tested and validated technology and software controls to protect the bulk power electric grid and
integration of smart grid technology to enhance the security of the electricity grid.”
H.R. 2200 Transportation Security Administration Authorization Act
Status of bill: Referred to Senate Committee after being received from House.
See under: Title I—Authorization of Appropriations; Section 102. Risk-Based System for
Allocation of Resources; Assessment and Prioritization of Risks.
Summary: The section would require TSA to implement a system of risk-based allocation of
resources and provide a report that includes “a summary that ranks the risks within and across
transportation modes, including vulnerability of a cyber attack.”
H.R. 1910 Chief Technology Officer Act of 2009
Status of bill: Introduced in House—referred to House Subcommittee on Information Policy,
Consensus, and National Archives.
See under: Section 2—Office of the Chief Technology Officer; Policy Planning, Analysis and
Advice.
Summary: The bill would create the office of the Chief Technology Officer within the Executive
Office of the President. Section 2 would require the Chief Technology Officer to assess the
impact of information technology and networked information technology systems and
applications on cybersecurity and personal privacy and advise the President on steps necessary to
mitigate and manage security and privacy risks.
Beyond this specific cybersecurity concern, the CTO would also be responsible for “fact-
gathering, analysis, and assessment of the federal government’s information technology
infrastructures, information technology strategy, and use of information technology.” Other
responsibilities would be ensuring “the security and privacy of the federal information technology
infrastructure and networks” and “coordinating closely with other federal departments and
agencies having responsibilities regarding security and privacy of the infrastructure and
networks.”
H.R. 1174 FEMA Independence Act of 2009
Status of bill: Introduced in House—referred to House Subcommittee on Emergency
Communications, Preparedness, and Response.
See under: Title V—Other Offices and Functions; Section 514.
Summary: The section would create an “Assistant Secretary for Cybersecurity and
Communications” as part of an independent FEMA.
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H.R. 1131 Community Protection and Response Act of 2009
Status of bill: Introduced in House—referred to House Subcommittee on Early Childhood,
Elementary, and Secondary Education.
See under: Section 3—Definition of Major Disaster.
Summary: The section would amend the Disaster Relief and Emergency Assistance Act to
improve federal response efforts after a terrorist strike or other major disaster affecting homeland
security. In the section for the definition of a major disaster it would include cyber attack on
computer systems as one of the possibilities under “terrorist attack.”
S. 177 Strengthening Our Economy Through Small Business Innovation Act of 2009
Status of bill: Introduced in Senate—referred to Senate Committee on Small Business and
Entrepreneurship.
See under: Section 6—Inclusion of Energy, Security, Transportation, And Water Related
Research In The List of Topics Deserving Special Consideration As SBIR Research Topics.
Summary: The bill would extend allocation of funds for research programs related to the Small
Business Innovation Research program. Section 6 includes cybersecurity as one of the topics of
interest, in particular the research by the National Academy of Sciences relating to cybersecurity.
S. 1391 Department of Defense Authorization Act for Fiscal Year 2010
Status of bill: Awaiting conference.
See under: Title IX—Department of Defense Organization and Management; Subtitle D—Other
Matters; Section 932—Instruction of Private Sector Employees in Cyber Security Courses of the
Defense Cyber Investigations Training Academy.
Summary: The bill provides authority for the Secretary of Defense to permit private sector
employees to enroll in and receive instruction at the Defense Cyber Investigations Training
Academy. No more than 200 full-time student positions may be filled at any one time by private
sector employees enrolled under this section. Eligible private sector employees will be those
engaged in providing significant defense related support to the Department of Defense or other
federal agencies or those whose work product is relevant to national security policy or strategy.
In addition to the above section (932)—section 1222 “Report on Cuba and Cuba’s Relations With
Other Countries” includes “the status and extent of Cuba’s cyberwarfare program” as one of the
seven subjects to be addressed by the report on Cuba required from the Director of National
Intelligence.
H.R. 2647 National Defense Authorization Act for Fiscal Year 2010
Status of bill: Awaiting conference.
See under: Title IX—Department of Defense Organization and Management; Subtitle D—Other
Matters; Section 932—Instruction of Private Sector Employees in Cyber Security Courses of the
Defense Cyber Investigations Training Academy.
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Summary: The bill provides authority for the Secretary of Defense to permit private sector
employees to enroll in and receive instruction at the Defense Cyber Investigations Training
Academy. No more than 200 full-time student positions may be filled at any one time by private
sector employees enrolled under this section. Eligible private sector employees will be those
engaged in providing significant defense related support to the Department of Defense or other
federal agencies or those whose work product is relevant to national security policy or strategy.
In addition to the above section (932)—section 1222 “Report on Cuba and Cuba’s Relations With
Other Countries” includes “the status and extent of Cuba’s cyberwarfare program” as one of the
seven subjects to be addressed by the report required from the Director of National Intelligence
on Cuba.
S. 1494 Intelligence Authorization Act for Fiscal Year 2010
Status of bill: Passed/agreed to in Senate.
See under: Title III—General Intelligence Community Matters; Subtitle D—Congressional
Oversight, Plans, and Reports; Section 340 – Cybersecurity Oversight.
Summary: Section 340 would improve congressional oversight of federal cybersecurity
programs. S. 1494 would require that the President inform Congress about every cybersecurity
program currently in operation and every new program created thereafter. The program
notification must include some type of certification on the legality of the program as well as an
assessment on the program’s privacy impact.
H.R. 2868 Chemical Facility Anti-Terrorism Act of 2009
Status of bill: Introduced in House—referred to House Committee on the Judiciary.
See under: Title XXI – Regulations of Security Practices at Chemical Facilities; Section 2101—
Definitions.
Summary: The bill defines “chemical facility security performance standards” as including the
deterrence of cyber sabotage, “including by preventing unauthorized onsite or remote access to
critical process controls.” Later in the bill, cybersecurity is mentioned several times alongside
physical security as seemingly equally important for the overall security of chemical facilities.
S. 921 United States Information and Communications Enhancement Act of 2009
Status of bill: Introduced in Senate—referred to Senate Committee on Homeland Security and
Governmental Affairs.
See under: Subchapter II—Information Security; Subsection 3552—National Office for
Cyberspace.
Summary: S. 921 would establish the National Office for Cyberspace within the Executive
Office of the President. The Director of the National Office for Cyberspace is tasked with
developing and implementing a comprehensive national cyberspace strategy. The Office would
play a crucial role in deterring cyber attacks and defending the cyber critical infrastructure.
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H.R. 2165 Bulk Power System Protection Act of 2009
Status of bill: Introduced in House—referred to House Committee on Energy and Commerce.
See under: Section 3—Protection of Bulk Power System From Cybersecurity Threats.
Summary: The bill seeks to amend Part II of the Federal Power Act in order to address
cybersecurity threats to the reliability of the bulk power system. In addition, the Federal Energy
Regulatory Commission would be authorized to respond in cases of imminent cyber security
threats. The section also emphasizes ensuring that the Commission protects cybersecurity-related
information.
H.R. 2195 To amend the Federal Power Act to provide additional authorities to adequately
protect the critical electric infrastructure against cyber attack, and for other purposes
Status of bill: Introduced in House—referred to House Subcommittee on Emerging Threats,
Cybersecurity, and Science and Technology.
See under: Section 224—Critical Infrastructure; Part B—Assessment, Report, and
Determination.
Summary: The bill attempts to improve the cybersecurity of the critical electric infrastructure
through added powers and responsibilities for the Secretary of Homeland Security as well as the
Federal Energy Regulatory Commission. Beyond assessing the cyber threats to the critical
electric infrastructure, the Secretary of Homeland Security would be required to initiate several
interim measures to protect the system from cyber attack. The Secretary of Homeland Security
would then produce periodic assessments on the vulnerabilities and threats to the critical electric
infrastructure and provide those to Congress as well as to the Federal Energy Regulatory
Commission.
S. 773 Cybersecurity Act of 2009
Status of bill: Introduced in Senate—referred to Senate Committee on Commerce, Science, and
Transportation.
See under: Section 3—Cybersecurity Advisory Panel.
Summary: Section 3 would instruct the President to designate a Cybersecurity Advisory Panel.
See under: Section 4—Real-Time Cybersecurity Dashboard.
Summary: Section 4 would require the Secretary of Commerce to implement a system to provide
dynamic and real-time cybersecurity status and vulnerability information for all federal
government information systems and networks managed by the Department of Commerce.
See under: Section 5—State and Regional Cybersecurity Enhancement Program; Part A—
Creation and Support of Cybersecurity Centers.
Summary: The section would require the Secretary of Commerce to provide assistance for the
creation and support of Regional Cybersecurity Centers in order to promote and implement
cybersecurity standards at the state and regional levels.
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See under: Section 6—NIST Standards Development and Compliance.
Summary: The section would require the National Institute of Standards and Technology to
establish measurable security cybersecurity standards for all federal government, government
contractor, or grantee critical infrastructure information systems and networks in the following
areas: cybersecurity metrics research, security controls, and software security.
See under: Section 7—Licensing and Certification of Cybersecurity Professionals.
Summary: The section would require the Secretary of Commerce to develop and integrate a
national licensing, certification, and periodic recertification program for cybersecurity
professionals.
See under: Section 11—Federal Cybersecurity Research and Development.
Summary: The section would require the Director of the National Science Foundation to give
priority to computer, information science, and engineering research to ensure support is provided
to meet cybersecurity challenges.
See under: Section 18—Cybersecurity Responsibilities and Authority.
Summary: The section would require the President to develop and implement a comprehensive
national cybersecurity strategy that includes such thigs as a long-term plan of the nation’s
cybersecurity future as well as a Quadrennial Cyber Review.
S. 778 To establish, within the Executive Office of the President, the Office of the National
Cybersecurity Advisor
Status of bill: Introduced in Senate—referred to Senate Committee on Homeland Security and
Governmental Affairs.
See under: Section 1—Office of the National Cybersecurity Advisor.
Summary: The bill would establish an Office of the National Cybersecurity Advisor within the
Executive Office of the President. The position would serve the President as the principal advisor
for all cybersecurity related matters.
H.R. 266 Cybersecurity Education Enhancement Act of 2009
Status of bill: Introduced in House—referred to the Subcommittee on Higher Education,
Lifelong Learning, and Competitiveness.
See under: Section 2—Department of Homeland Security Cybersecurity Training Programs and
Equipment.
Summary: The bill would authorize the Secretary of Homeland Security to establish a program
to award grants to institutions of higher education for the establishment or expansion of
cybersecurity professional development programs.
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S. 1438 Fostering a Global Response to Cyber Attacks Act
Status of bill: Introduced in Senate—referred to Senate Committee on Foreign Relations.
See under: Section 4—Report On Improving Cybersecurity.
Summary: The bill expresses the interest of Congress is improving the nation’s cybersecurity
overall. Section 4 would require the Secretary of State to submit to the Senate and House a report
describing “any actions taken by the United States to work with the governments of foreign
countries to improve cybersecurity.”
Procurement
Title XLI—Procurement (in thousands of dollars)
Under “Procurement—Defense Wide”: Major Equipment DISA #027—Cyber Security Initiative
$18,188.
Under “Operational Systems Development” for the Navy: # 0301372N Cyber Security Initiative
GDIP unknown amount (classified).
Under “Research, Development, Test & Evaluation, Air Force”: Cybersecurity for control
networks research $4,000.
Under “Operational Systems Development”—Airforce: #0305103F Cybersecurity initiative
$2,065.
Under “RDT&E” Defense-wide: # 0305103E Cybersecurity initiative $30,400.
Under “Operational Systems Development” Defense-wide: # 0301371G Cybersecurity initiative
CCP unknown amount (classified).
Under “Operational Systems Development” Defense-wide: # 0301372L Cybersecurity initiative
GDIP unknown amount (classified).
Under “Operational Systems Development” Defense-wide: # 0305103D8Z Cybersecurity
initiative $993.
Under “Operational Systems Development” Defense-wide: # 0305103G Cybersecurity initiative
unknown amount (classified).
Under “Operational Systems Development” Defense-wide: # 0305103K Cybersecurity initiative
$10,080.
Title XLVI—Department of Energy National Security Programs
Under “Cyber security”: $122,511.
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Overview of Bills in the 110th Congress that Address(ed) a
Cybersecurity-Related Issue
Passed bills—public law
P.L. 110-5 (H.J.Res. 20) Revised Continuing Appropriations Resolution, 2007. Provides
$43,075,000 for “cybersecurity” activities for DOE.
P.L. 110-53 (H.R. 1) Implementing Recommendations of the 9/11 Commission Act of 2007.
Creates an Under Secretary responsible for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the Department.
Also, creates R&D program that can “research technologies that mitigate damages in the event of
a cyber attack.”
P.L. 110-139 (H.R. 6) Energy Independence and Security Act of 2007. Mandates that the
“smart grid” must incorporate “full cybersecurity.”
P.L. 110-181 (H.R. 4986) National Defense Authorization Act for Fiscal Year 2008. Indicates
that the annual report on the military power of the People’s Republic of China must include
“developments in China’s asymmetric capabilities, including efforts to acquire, develop, and
deploy cyberwarfare capabilities.”
Section 1814 requires the Secretary of Defense to prepare a plan for response to natural disasters
and terrorist events—including a “cyber attack’’ as one of the scenarios that must be included in
the plans.
Section 3123 includes cybersecurity threats as part of the “plan for addressing security risks
posed to nuclear weapons complex.”
P.L. 110-161 (H.R. 2764) Consolidated Appropriations Act, 2008. Includes $143,539,000 in
FBI salaries and expenses to “address emerging threats in counterterrorism and cybersecurity.”
P.L. 110-329 (H.R. 2638) Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009. Provides the Department of Homeland Security with $806,913,000
for “necessary expenses for infrastructure protection and information security programs and
activities” including $3,500,000 for State and local cybersecurity training; and $4,000,000 for the
Power and Cyber Systems Protection, Analysis, and Testing Program at the Idaho National
Laboratory.
Bills that did not become law
H.R. 263 Cybersecurity Education Enhancement Act of 2008. Would have directed the
Secretary of Homeland Security, acting through the Assistant Secretary of Cybersecurity, to
establish a program awarding competitive grants to institutions of higher education for (1)
cybersecurity professional development programs, (2) associate degree programs in
cybersecurity, and (3) the purchase of equipment to provide training in cybersecurity for
professional development and degree programs. (CRS summary)
Final status: Reported by the Committee on Homeland Security.
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H.R. 4791 Federal Agency Data Protection Act. In section 4, under the “authority of Director
of Office of Management and Budget to establish information security policies and procedures,”
it would have required agencies comply with a “minimally acceptable system configuration
requirements consistent with best practices, including checklists developed under section 8(c) of
the Cyber Security Research and Development Act (P.L. 107-305; 116 Stat. 2378) by the Director
of the National Institute of Standards and Technology.”
Final status: Referred to Senate Committee after being Received from House.
H.R. 5959 Intelligence Authorization Act for Fiscal Year 2009. Bill called for the President to
create a “comprehensive national cybersecurity initiative advisory panel” that would be
composed of representatives of Congress, the executive branch, and the private sector to report on
information security for the federal government, critical infrastructure, among other issues.
Final status: Placed on Calendar in Senate.
H.R. 7007 National Commission on American Cybersecurity Act of 2008. The bill would have
established the “American Cybersecurity Commission” to investigate the current threats to the
cybersecurity of American business and infrastructure from foreign entities. The commission
would have focused on “strategy for American business, national infrastructure, and United States
Government non-military and non-national security related computer systems.”
Final status: Introduced in House.
Summary list of Statutory Foundations for Cybersecurity
Legislation
44 U.S.C. § 3541 Federal Information Security Management Act of 2002
Status of bill: P.L. 107-347 on December 17, 2002.
See under: Title III of the E-Government Act of 2002.
Summary: Contains standards for securing information and information systems within federal
agencies, and requires compliance reports be submitted to the Office of Management and Budget
(OMB).
18 U.S.C. § 2510 Electronic Communications Privacy Act of 1986
Status of bill: P.L. 99-508 100 Stat. 1848, October 21, 1986.
See under: Titles I and II of the ECPA.
Summary: Title I of the ECPA protects wire, oral, and electronic communications while in
transit. It sets down requirements for search warrants that are more stringent than in other
settings. Title II of the ECPA, the Stored Communications Act (SCA) protects communication
held in electronic storage, most notably messages stored on computers.
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18 U.S.C. § 1030 Computer Fraud and Abuse Act of 1984
Status of bill: P.L. 98-473, 98 Stat. 2190 on October 12, 1984.
Summary: Defines criminality of security breaches and unauthorized access to data on federal
computer systems and certain financial institutions.
42 USC § 201 The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Status of bill: P.L. 104-191, 110 Stat. 1936.
See under: 45CFR164.501—Privacy rule.
Summary: Protects the privacy of individually identifiable health information in computerized
insurance records.
15 U.S.C. § 6801 Financial Services Modernization Act of 1999 (Gramm-Leach-Bliley)
Status of bill: P.L. 106-102, 113 Stat. 1338, enacted November 12, 1999.
See under: Disclosure of Nonpublic Personal Information (Financial Privacy Rule).
Summary: Requires financial institutions to provide consumers with a privacy notice at the time
the consumer relationship is established and annually thereafter. The privacy notice must explain
the information collected about the consumer, where that information is shared, how that
information is used, how that information is protected, and the option to opt-out of sharing with
third-party companies.
Author Contact Information
Catherine A. Theohary
John Rollins
Analyst in National Security Policy and Information Specialist in Terrorism and National Security
Operations
jrollins@crs.loc.gov, 7-5529
ctheohary@crs.loc.gov, 7-0844
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