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                                                                                                    March 1, 2017

Cybersecurity Legislation in the 113th and 114th Congresses


The legislative framework for cybersecurity is complex,
with more than 50 federal laws affecting various aspects of
it. Nevertheless, since the 11 Ith Congress, more than 300
bills have been introduced that would address a range of
cybersecurity issues. Several that were enacted in the 113th
and 114th Congresses are discussed below. Those bills
addressed five main topics:

Protection of Federal Information Systems: updating
federal agency requirements to reflect changes in
technology and the threat landscape, and establishing
Department of Homeland Security (DHS) authorities to
protect federal systems.

Information Sharing: facilitating public- and private-
sector sharing of information on cyberthreats and defensive
measures and permitting private-sector entities to monitor
and operate defenses on their information systems.

Statutory Authorization of Ongoing Activities:

* DHS-the National Cybersecurity and Communications
   Integration Center (NCCIC) and the intrusion-protection
   system known as EINSTEIN.
* National Institute of Standards and Technology
   (NIST)-relating to the Framework for Improving
   Critical Infrastructure (CI) Cybersecurity and the
   National Initiative for Cybersecurity Education (NICE).
* National Science Foundation (NSF)-the CyberCorps:
   Scholarship-for-Service program to train new
   cybersecurity professionals.

Research and Development (R&D): requiring a
multiagency strategic plan for cybersecurity R&D and
specifying areas of research for NSF.

Federal Cybersecurity Workforce: requiring the Office of
Personnel Management (OPM) to establish and implement
an employment-code structure for federal cybersecurity
personnel and improving the size, skills, and preparation of
the DHS cybersecurity workforce, including recruitment.

Other Provisions required the following:

* DHS to develop and exercise incident-response plans for
   cybersecurity risks to CI,
* DHS and NIST to assist states in improving
   cybersecurity for emergency response networks,
* the Department of Health and Human Services (HHS) to
   assist the healthcare sector in reducing cybersecurity
   risks,
* the Office of Management and Budget (OMB) to
   establish procedures for notification and other responses
   to federal agency data breaches of personal information,


*  the Department of State to produce an international
   cyberspace policy and engage in international
   consultations on measures against cybercriminals, and
*  various federal agencies to report to Congress on
   specified cybersecurity topics and activities.

The provisions summarized above are in the bills cited in
Table 1.

Table I. Cybersecurity Laws Enacted in 2014 and 2015
Public Law                      Title
P.L. 113-246 Cybersecurity Workforce Assessment Act
P.L. 113-274 Cybersecurity Enhancement Act of 2014
P.L. 113-277 Border Patrol Agent Pay Reform Act of 2014
P.L. 113-282 National Cybersecurity Protection Act of 2014-
             NCPA
P.L. 113-283 Federal Information Security Modernization Act
             of 2014-FISMA 2014
P.L. 114-113 Cybersecurity Act of 2015 (Division N)-CSA
             Cybersecurity Information Sharing Act (Title I)-
             CISA
             National Cybersecurity Protection Advancement
             Act of 2015 (Subtitle A of Title II)-NCPPA
             Federal Cybersecurity Enhancement Act of 2015
             (Subtitle B of Title II)-FCEA
             Federal Cybersecurity Workforce Assessment
             Act of 2015 (Title III)
             Other Cyber Matters (Title IV)
Source: CRS.

The Cybersecurity Workforce Assessment Act required
an assessment by DHS of its cybersecurity workforce and
development of a workforce strategy. The Border Patrol
Agent Pay Reform Act of 2014 provided additional hiring
and compensation authorities to DHS and required a DHS
assessment of workforce needs.

The Cybersecurity Enhancement Act contained the
provisions on R&D and on NIST and NSF program
authorizations described above.

NCPA provided statutory authority for the DHS NCCIC,
and specified both public- and private-sector members. The
act gave NCCIC responsibility for sharing timely and
actionable cybersecurity information, providing situational
awareness and coordination of information across sectors,
performing integration and analysis of risks and incidents,
providing technical assistance upon request, and making
recommendations for improving cybersecurity.

The act also requires DHS to develop and exercise incident-
response plans for cybersecurity risks to CI and to provide
security clearances to appropriate representatives.


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