Senate Republicans: Executive order would solidify divide on cybersecurity

A group of Senate Republicans urged President Obama on Tuesday not to issue an executive order on cybersecurity, arguing that only congressional action can adequately protect the nation's computer systems.

Administration officials have said they began drafting an executive order after Senate Republicans blocked cybersecurity legislation in August. Homeland Security Secretary Janet Napolitano said in a recent congressional hearing that the order is "close to completion." 

In Tuesday's letter, Sens. John McCainJohn Sidney McCainRubio asks Army to kick out West Point grad with pro-communist posts The VA's woes cannot be pinned on any singular administration Overnight Defense: Mattis offers support for Iran deal | McCain blocks nominees over Afghanistan strategy | Trump, Tillerson spilt raises new questions about N. Korea policy MORE (R-Ariz.), Kay Bailey Hutchison (R-Texas), Dan CoatsDaniel (Dan) Ray CoatsDon’t throw the baby out with the BATwater Overnight Cybersecurity: DHS bans agencies from using Kaspersky software | Panel calls Equifax CEO to testify | Facebook pulling ads from fake news Mueller investigation focusing on social media's role in 2016 election: report MORE (R-Ind.), Saxby ChamblissSaxby 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.), Jon Kyl (R-Ariz.) and Roy BluntRoy Dean BluntThe Hill's Whip List: Republicans try again on ObamaCare repeal Another health funding cliff puts care for millions at risk Top Senate Dem: We're going forward with understanding we can work with White House on DACA MORE (R-Mo.) said an executive order would fail to address the nation's cyber vulnerabilities.

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“An issue as far-reaching and complicated as cybersecurity requires all stakeholders to work together to develop an enduring legislative solution through formal consideration and approval by Congress," they wrote. "Yet, rather than build confidence and unity among key stakeholders, an Executive Order will solidify the present divide."

The Cybersecurity Act, which had the support of the White House and Senate Democrats, would have set voluntary cybersecurity standards for operators of critical infrastructure, such as gas pipelines and banks. The bill would have also authorized companies and the government to share information about cyber threats.

Republicans supported the information-sharing provisions, but they worried the security standards would have burdened businesses and done little to improve security. Democrats argued the standards were necessary to ensure that vital systems were safe from attack.

Many of the Republicans who signed Tuesday's letter had pushed for their own cybersecurity bill, the Secure IT Act, which would have focused only on information-sharing.

Of the six Republicans on the letter, only Coats voted for the Cybersecurity Act on the Senate floor.

According to officials familiar with the draft executive order, it would encourage companies to meet cybersecurity standards. Legal experts say that only Congress can enact the information-sharing provisions, which would change existing laws.

"We remain committed to this legislative process and urge you to work with Congress rather than act unilaterally through an Executive Order," the Republicans wrote.

A host of Democrats have urged President Obama to move ahead with the executive order.

Sens. Joe Lieberman (I-Conn.), 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 FeinsteinGun proposal picks up GOP support Gingrich: Banning rapid fire gun modification is ‘common sense’ House bill set to reignite debate on warrantless surveillance MORE (D-Calif.), Barbara MikulskiBarbara MikulskiGore wishes Mikulski a happy birthday at 'Inconvenient Sequel' premiere Bipartisan friendship is a civil solution to political dysfunction Dems press for paycheck fairness bill on Equal Pay Day MORE (D-Md.), Chris CoonsChristopher (Chris) Andrew CoonsThis week: Congress gets ball rolling on tax reform Lift the Jones Act and similar restrictions for humanitarian crises Overnight Tech: White House unveils tech education initiative | Bannon reportedly sought to spy on Facebook | Uber CEO to appeal London ban | John Oliver rips AT&T-Time Warner merger MORE (D-Del.) and Richard Blumenthal (D-Conn.) have all called on the president to issue an order in the light of the Senate's inaction.

Sen. Susan CollinsSusan Margaret CollinsGun proposal picks up GOP support Giffords, Scalise highlight party differences on guns Agricultural trade demands investment in MAP and FMD MORE (R-Maine), a key co-sponsor of the Cybersecurity Act, has said she does not support an executive order, but she did not sign the GOP letter.