Overview
Title
To establish an interagency committee to harmonize regulatory regimes in the United States relating to cybersecurity, and for other purposes.
ELI5 AI
H. R. 10123 wants to create a team to help different U.S. government departments work together better on rules for keeping computers safe. The team will try out ideas with a few departments first and tell Congress how it’s going.
Summary AI
H. R. 10123 proposes the creation of a Harmonization Committee led by the National Cyber Director to streamline cybersecurity regulations across various U.S. agencies. The Committee's main goal is to create a unified regulatory framework that includes common and sector-specific cybersecurity requirements, ensuring these are consistent and not overly burdensome. The bill also introduces a pilot program involving at least three regulatory agencies to test the implementation of this framework and requires regular reporting to Congress on the Committee's progress and activities.
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AnalysisAI
General Summary of the Bill
The proposed legislation, titled the "Streamlining Federal Cybersecurity Regulations Act," aims to enhance the coordination and harmonization of cybersecurity regulations across various U.S. federal agencies. This bill calls for the establishment of an interagency group known as the Harmonization Committee, led by the National Cyber Director. The primary purpose of this committee is to create a regulatory framework that aligns cybersecurity requirements across sectors while allowing for sector-specific needs. The bill also mandates the development of pilot programs for implementing this framework and requires regular reports and updates to Congress on its progress and the incident reporting activities of the Cybersecurity and Infrastructure Security Agency.
Summary of Significant Issues
Several issues could impact the effectiveness and implementation of the bill. First, the bill does not clearly specify the budget and responsibilities for funding the newly established Harmonization Committee, which might lead to confusion regarding financial support and accountability. Additionally, the definitions of key terms such as "cybersecurity requirement," "harmonization," and "reciprocity" are broad and potentially open to varying interpretations, which could result in inconsistent application across different agencies. The authority granted to agencies to issue waivers during pilot programs raises concerns about consistency and regulatory oversight.
Another significant issue involves potential delays. The requirement for agencies to consult with the Harmonization Committee could create bottlenecks, especially if new or updated cybersecurity measures need swift implementation. Moreover, the term "exigent circumstance" lacks a clear definition, presenting a risk of being overused to bypass necessary checks and balances.
Finally, regular updates and yearly briefings, while aiming for transparency, might become bureaucratically burdensome and drain resources if they focus more on procedural compliance rather than producing substantive insights and improvements.
Impact on the Public
This bill has the potential to streamline cybersecurity regulations, benefiting the public by creating a more cohesive and comprehensive cybersecurity strategy across federal agencies. By aligning regulatory standards, it aims to enhance the security of information technology infrastructure, ultimately protecting individuals' personal and sensitive data. However, if the bill leads to delays in implementing necessary cybersecurity measures due to procedural requirements or ambiguous definitions, the public could face increased risk from cyber threats.
Impact on Specific Stakeholders
For regulatory agencies, the bill introduces a framework that might facilitate more efficient rule-making processes by standardizing cybersecurity requirements. However, the requirement to consult before prescribing new measures could strain agency resources and hinder timely response to cybersecurity threats.
Businesses and entities regulated under federal cybersecurity requirements might benefit from clearer and more uniform standards, reducing compliance costs and complexities. Nevertheless, they could face challenges if the waivers and pilot programs result in inconsistent application of regulations during the transition period.
For Congress and policymakers, this bill provides an oversight mechanism through regular reporting, which could enhance accountability and transparency. Yet, without clear benchmarks and criteria, evaluating the success of the regulatory framework and pilot programs may prove challenging.
In summary, while the "Streamlining Federal Cybersecurity Regulations Act" aims to improve the coordination of cybersecurity regulations across federal agencies, various issues related to budget, definitions, and potential delays must be addressed to ensure its goals are effectively realized.
Issues
The establishment and actions of the Harmonization Committee mentioned in Section 3 lack specificity regarding budget and funding sources, which raises concerns about potential unfunded mandates and unclear spending responsibilities.
The broad and potentially ambiguous definition of 'cybersecurity requirement' in Section 2 could lead to inconsistent interpretation and implementation across different regulatory agencies.
Section 3 grants regulatory agencies the authority to issue waivers and establish alternative procedures during the pilot program, which could lead to inconsistent cybersecurity requirements application and oversight, potentially bypassing established regulatory procedures.
The undefined term 'exigent circumstance' in Section 3 might allow for misuse or overuse, enabling agencies to bypass the Committee's consultation processes, potentially weakening cybersecurity regulations.
Section 4's requirement for status updates and yearly briefings could result in bureaucratic inefficiencies and resource drain if the focus becomes more on meeting deadlines than ensuring substantive updates.
The consultation requirements with the Harmonization Committee in Section 3 might result in delays or bottlenecks, affecting the timely implementation of necessary cybersecurity measures.
The annual and pilot program reporting requirements in Section 3 do not specify clear assessment criteria or benchmarks, making it difficult to evaluate the success or progress of the initiatives.
The broad definitions of terms like 'harmonization' and 'reciprocity' in Section 2 could create discrepancies or inconsistencies in application across regulatory agencies, impacting the effectiveness of cybersecurity harmonization efforts.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the Act specifies its short title, which is the “Streamlining Federal Cybersecurity Regulations Act”.
2. Definitions Read Opens in new tab
Summary AI
The section provides definitions for key terms used in the Act, such as “agency,” which is defined according to a specific U.S. Code section, “appropriate congressional committees,” which includes specific committees within Congress, and “cybersecurity requirement,” which covers measures related to information security. It also defines terms like “harmonization,” which involves aligning cybersecurity standards, “reciprocity,” meaning one agency accepting another's cybersecurity assessment, and “regulatory agency,” identifying bodies with authority over cybersecurity regulations.
3. Establishment of interagency committee to harmonize regulatory regimes in the United States relating to cybersecurity Read Opens in new tab
Summary AI
The text outlines the creation of a Harmonization Committee by the National Cyber Director to improve coordination of U.S. cybersecurity regulations. This committee is to include officials from various agencies and will develop a framework allowing consistent cybersecurity rules. It will also set up pilot programs to test these rules, consult with relevant agencies, and provide reports to Congress on its activities and findings.
4. Status updates on incident reporting Read Opens in new tab
Summary AI
The section requires the Cybersecurity and Infrastructure Security Agency to give regular updates to Congress on agreements between agencies related to incident reporting, starting 180 days after the law's enactment. Additionally, the Secretary of Homeland Security must provide annual briefings to certain congressional committees about the activities of the Cyber Incident Reporting Council for seven years following the enactment of the Streamlining Federal Cybersecurity Regulations Act.
5. Rule of construction Read Opens in new tab
Summary AI
This section of the bill makes it clear that it does not expand or change the powers of any regulatory agencies, except for specific exemptions related to a pilot program mentioned earlier. It also clarifies that it doesn't give these agencies any new powers.