Make-or-break time for cybersecurity bill

It’s make-or-break time for cybersecurity legislation in the Senate. 

Senate Majority Leader Harry ReidHarry ReidBill O'Reilly: Politics helped kill Kate Steinle, Zarate just pulled the trigger Tax reform is nightmare Déjà vu for Puerto Rico Ex-Obama and Reid staffers: McConnell would pretend to be busy to avoid meeting with Obama MORE (D-Nev.) will likely move to Sen. Joe Lieberman's (I-Conn.) cybersecurity bill this week once the upper chamber finishes up votes on taxes, an aide said. That could come as early as Wednesday or Thursday, while a procedural vote to move the bill to the floor is expected the following Monday. 

The stakes are high for industry groups and for Lieberman, the bill's lead co-sponsor, who has eyed the measure as a part of his legacy before he retires at the end of this Congress.

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Lieberman has said a cybersecurity bill would either move to the floor before the August recess or not at all, and has been working on a compromise that he hopes will attract GOP support.   

This past week, Lieberman and the four other co-sponsors of the cybersecurity bill — Sens. Susan CollinsSusan Margaret CollinsOvernight Health Care: 3.6M signed up for ObamaCare in first month | Ryan pledges 'entitlement reform' next year | Dems push for more money to fight opioids Study: ObamaCare bills backed by Collins would lower premiums Right scrambles GOP budget strategy MORE (R-Maine), Jay RockefellerJay RockefellerOvernight Tech: Trump nominates Dem to FCC | Facebook pulls suspected baseball gunman's pages | Uber board member resigns after sexist comment Trump nominates former FCC Dem for another term Obama to preserve torture report in presidential papers MORE (D-W.Va.), Dianne FeinsteinDianne Emiel FeinsteinGrassley blasts Democrats over unwillingness to probe Clinton Avalanche of Democratic senators say Franken should resign Blumenthal: ‘Credible case' of obstruction of justice can be made against Trump MORE (D-Calif.) and Tom CarperThomas (Tom) Richard CarperAvalanche of Democratic senators say Franken should resign Overnight Cybersecurity: Mueller probe cost .7M in early months | Senate confirms Homeland Security nominee | Consumer agency limits data collection | Arrest in Andromeda botnet investigation Senate panel moves forward with bill to roll back Dodd-Frank MORE (D-Del.) — introduced a revised version that attempts to soften provisions that would have required companies operating critical infrastructure to meet a set of security standards developed, in part, by the Homeland Security Department.

Republicans senators and the U.S. Chamber of Commerce strongly opposed the earlier infrastructure provisions, arguing they would saddle industry with burdensome regulations and create a bureaucratic nightmare.



A group of GOP senators led by Sen. John McCainJohn Sidney McCainGOP strategist donates to Alabama Democrat Meghan McCain knocks Bannon: 'Who the hell are you' to criticize Romney? Dems demand Tillerson end State hiring freeze, consult with Congress MORE (R-Ariz.), Kay Bailey Hutchison (R-Texas) and Saxby ChamblissClarence (Saxby) Saxby ChamblissLobbying World Former GOP senator: Let Dems engage on healthcare bill OPINION: Left-wing politics will be the demise of the Democratic Party MORE (R-Ga.) has introduced a rival bill — the SECURE IT Act — that does not include security mandates and is focused on improving information sharing about cyber threats between industry and the government.


Lieberman’s revised bill would establish a program where critical infrastructure operators would certify that they meet a set of performance standards in exchange for various incentives, such as liability protections. The idea was hatched by a bipartisan working group that was led by Sens. Sheldon WhitehouseSheldon WhitehouseOvernight Regulation: Net neutrality supporters predict tough court battle | Watchdog to investigate EPA chief's meeting with industry group | Ex-Volkswagen exec gets 7 years for emissions cheating Overnight Energy: Watchdog probes Pruitt speech to mining group | EPA chief promises to let climate scientists present their work | Volkswagen manager gets 7 years for emissions cheating EPA head pledges to protect climate scientists MORE (D-RI) and Jon Kyl (R-Ariz.).

"We are going to try carrots instead of sticks as we begin to improve our cyber defenses," Lieberman said in a statement. But he said if the voluntary measures don't work, "a future Congress will undoubtedly come back and adopt a more coercive system."

But whether those changes will be enough to get the 60 votes needed to advance most legislation through the Senate is uncertain. So far, Collins is the lone Republican backer of the bill, meaning the co-sponsors need to get at least another six GOP votes to hit 60.

Sens. Lindsey GrahamLindsey Olin GrahamGOP and Dems bitterly divided by immigration We are running out of time to protect Dreamers US trade deficit rises on record imports from China MORE (R-S.C.) and Roy BluntRoy Dean BluntDems push for more money for opioid fight Trump asked Senate Republicans to end Russia election interference investigation: report An overlooked solution to the opioid epidemic MORE (R-Mo.) are seen as possible swing votes because of their involvement in the compromise effort with Whitehouse and Kyl. Blunt emphasized that cybersecurity legislation must harden vulnerabilities in critical infrastructure during a colloquy with other members on the Senate floor this past week. 

Others are keeping an eye on Sens. Olympia Snowe (R-Maine), Scott Brown (R-Mass.) and Kelly AyotteKelly Ann AyotteExplaining Democratic victories: It’s gun violence, stupid Trump voter fraud panel member fights back against critics Dems plan to make gun control an issue in Nevada MORE (R-N.H.) as possible pick-ups for Democrats. Ayotte, however, had concerns with the original version of the Lieberman bill and has criticized the process used to draft it. 

Sen. Dan CoatsDaniel (Dan) Ray CoatsNational counterterrorism chief to retire at the end of year Former intel chief Hayden: Think twice on a Trump job offer Counterintelligence needs reboot for 21st century MORE (R-Ind.), a co-sponsor of the SECURE IT Act, was also seen as a possible convert because of his involvement in the Whitehouse-Kyl discussions, but has already expressed concerns with the new bill’s provisions.

“I strongly believe that Congress must pass a cyber security bill this year given the real and dangerous threat of a cyber attack on our country,” said Coats, a member of the Senate Intelligence Committee, in a statement. “While I am still reviewing the details of the revised Cybersecurity Act offered by Sens. Lieberman and Collins, I remain concerned that some of the provisions move beyond voluntary incentives and subject the private sector to mandatory requirements and burdensome regulations.”

Even if the bill clears the Senate, it has to make it through conference, and many of its provisions have long odds of passing the GOP-controlled House.

House Republican leaders have indicated they will not allow a vote on any cybersecurity bill that they view as creating burdensome regulations.

House Speaker John BoehnerJohn Andrew BoehnerJohn Feehery: A political forest fire Trump's pick for Federal Reserve chief is right choice at right time The two-party system is dying — let’s put it out of its misery MORE (R-Ohio) said in April that the president's support for cybersecurity mandates shows that the "White House believes the government ought to control the Internet, government ought to set standards and government ought to take care of everything that’s needed for cybersecurity."

GOP Rep. Dan Lungren (R-Calif.) authored a House bill that would have set mandatory standards for critical infrastructure, but was forced to scale back the requirements in a bid to win over House leaders.

His revised bill would have allowed the Homeland Security Department to help critical infrastructure companies protect their networks, but the system would have been entirely voluntary. But House leaders blocked a floor vote on it.

Despite the challenges, the activity is the closest Congress has come to passing major cybersecurity legislation in recent years. 

"If a major event happens, no one wants to be the one pointed to as having held up legislation," said Jessica Herrera-Flanigan, a partner at Monument Policy Group. 

"There has been a lot of compromise to reach this point, so the Senate is in the closest place it has been this year for passing cybersecurity, though there are obviously still challenges to getting it done."