Cybersecurity legislation will be among the first bills considered by the Senate next week, according to a report from CQ's Tim Starks. Multiple sources said they expect the cybersecurity bill (S 3414) to come to the floor next week after a sportsmen bill. The legislation would establish voluntary security standards for critical infrastructure providers, which are opposed by companies that fear that could eventually become mandatory. The legislation failed in August when Republicans blocked it from coming to the floor, and there has been no indication that GOP or industry resistance has softened since then. Notably, the administration's threat to implement the rules via executive order has failed to move opponents, who appear ready to call the White House's bluff.
The president's decisive win on Tuesday means he will be free to issue the executive order and risk the displeasure of industry, which would prefer a more stripped-down information sharing measure like the one passed by the House (HR 3523). While the administration is adamant that it seeks only to establish voluntary best practices, companies are certain such rules would eventually become mandatory, or at least industry standard, creating additional costs. We don't expect the path to cybersecurity legislation to get any easier with Congress still divided, but the President is now finally free from the burden of re-election. That means he may choose to move ahead with the executive order, as politically unpopular as it may be. The order remains one of the national security community's highest priorities, and at the moment appears to be the only viable path toward new cybersecurity rules for industry in the near future.