Key cyber statutes at risk again as Congress works to avert shutdown

Key cybersecurity authorities are facing imminent lapse should the government shut down after Friday. Both statutes are tied to a Department of Homeland Security funding bill, which has stalled in Congress amid the ICE killing of Alex Pretti in Minnesota last week.

The Cybersecurity Information-Sharing Act of 2015 allows companies to transmit threat intelligence to government analysts with legal exemptions in place. Cyber intelligence often includes sensitive information about victims and organizations impacted by hacks.

The authority for that law recently expired during the 43-day government shutdown that occurred late last year. The continuing resolution that finally ended that shutdown and funded the government through Jan. 30 also extended the information sharing law’s authorization for that same length of time.

“Generally, [CISA 2015] enables timely sharing of cyber threat information,” said Jordan Burris, a former chief of staff in White House Office of the Federal Chief Information Officer and current head of public sector business at digital identity company Socure. “Failure to continue to move the legislation forward is pure negligence in terms of bolstering our national security.”

The funding extension timeline was also applied to the National Cybersecurity Protection System, an intrusion detection framework that monitors U.S. federal civilian network traffic for known threats, alerts agencies to potential cyberattacks and includes prevention and information-sharing capabilities to shield government IT infrastructure from hackers. Without legislative reauthorization, it too will lapse Friday night.

The DHS package is the vehicle currently set to reauthorize the State and Local Cybersecurity Grant Program, which has infused state and local authorities with $1 billion to improve their cybersecurity posture.

The federal government “shouldn’t leave states holding the bag on bolstering cyber defenses,” said Burris.

The various cyber measures would be funded through Sept. 30 of this year, assuming lawmakers reach a deal in time. 

An agreement was reached late Thursday between Senate Democrats and the White House to fund most federal agencies through the end of the fiscal year. A separate, two-week stopgap measure was put in place for the DHS, allowing reform negotiations to continue.

But Sen. Lindsey Graham, R-S.C., expressed misgivings, mainly the repeal of a provision that would have allowed senators to sue if their phone records were collected as part of former special counsel Jack Smith’s investigation into efforts to overturn the 2020 election results. 

During a Friday afternoon floor speech, Graham signaled his willingness to seek votes on the matter at a later date. He also said he wants votes on legislation aimed at cities that do not comply with federal immigration laws.

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