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Congressionol Research Service
Informing the IegisI9tive debate since 1914


December  17, 2024


Legislating on Cybersecurity

Introduction
Cybersecurity considerations for policymakers are broader
than those for managing cybersecurity at an organization.
When  thinking strategically about how to legislate for
cybersecurity, lawmakers may consider educating,
recruiting, and retaining knowledgeable workers;
authorizing and resourcing agencies; deterring and
responding to threats; securing international supply chains;
and understanding the resiliency of individual companies
and sectors.

This In Focus discusses key cybersecurity threats and
impacts, how Congress has addressed cyber risk, and some
general actions policymakers may consider in the future.

Threats and rpacts
The nation faces many threats in cyberspace. Threat actors
may  directly target the elements of cyberspace (e.g.,
networks and data) or use those elements to attack public
and private entities. The 2024 Annual Threat Assessment of
the U.S. Intelligence Community discusses five main threat
actors: the People's Republic of China (China), the Russia
Federation (Russia), Iran, North Korea, and criminals.
(Quotes below are from the Assessment.)

China is the most active and persistent cyber threat to U.S.
Government,  private-sector, and critical infrastructure
networks. Recently, China compromised
telecommunications systems to spy on campaigns, federal
officials, and sensitive government operations.

Russia views cyber disruptions as a foreign policy lever to
shape other countries' decisions and continuously refines
and employs its espionage, influence, and attack
capabilities against a variety of targets. In 2021, Russia
compromised  a technology services company so it could
spy on that company's clients.

Iran is growing expertise and willingness to conduct
aggressive cyber operations and takes an opportunistic
approach to attacks. In 2022, Iran exploited a severe bug in
widely used open-source software to attack web servers.

North Korea poses a sophisticated and agile espionage,
cybercrime, and attack threat and focuses on attacks that
lead to financial gain. North Korea has long used
ransomware  and hack-and-leak operations to steal money
and bolster North Korea's economy.

Criminal groups are likely to continue to be involved in
ransomware  operations ... extorting funds, disrupting
critical services, and exposing sensitive data. Earlier this
year, criminals deployed ransomware on systems that


forced a company to degrade their services, snarling health
care delivery nationwide.

Not all cyber incidents are caused by malicious actors. A
computer glitch resulted in mass transportation and
commerce  disruptions in 2024.

Recent Congressona Actons
For more than a decade, Congress has taken a sustained
interest in cybersecurity policy.

The 113th Congress (2013-2014) authorized many existing
executive branch activities. Congress directed the
Department of Homeland  Security (DHS) to serve as the
interface between the private sector and the government for
cybersecurity matters, and gave DHS a role in the
management  of federal agencies' cybersecurity.

The 114th Congress (2015-2016) expanded agency
authorities. Building on the previous Congress's work, this
Congress increased agency responsibilities for cyber
information sharing, required federal cybersecurity
protection actions, and directed strategy development.

The 115th Congress (2017-2018) created the Cybersecurity
and Infrastructure Security Agency (born out of an existing
organization within DHS) to manage national cyber risk.

The 116th Congress (2019-2020) sought to improve
interagency coordination. It created a Senate-confirmed
position in the White House to coordinate federal agency
actions and resourcing for cybersecurity.

The 117th Congress (2021-2022) increased cyber security
resources. This Congress provided $4 billion in new
funding for federal agencies, state and local governments,
and the private sector to modernize information technology
and improve cyber resilience. It also created a requirement
for private entities to report to the government when they
experience cyber incidents and make ransomware
payments.

The 118th Congress (2023-2024) added and clarified roles
for the Department of Defense and Department of State.

Legislative Activ ty
During each of the past six Congresses, Members have
introduced more than 40 pieces of legislation related to
cybersecurity. Approximately half of those got committee
consideration, and a smaller number were passed (or
adopted) by either the House or Senate. A portion of those
became  law, either as part of a broader package (e.g., the
National Defense Authorization Act) or as stand-alone
legislation. Table 1 shows the number of cyber bills that

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