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Lame Duck and Beyond: A Policy Outlook on the Incoming

Congress

By Robert B. Dix, Jr.

The 2014 U.S. mid-term elections will produce a major shift of political power in our Nation’s
Capital. Republicans will control the U.S. Senate, its agenda, and committees. And in the House
of Representative, the Republican majority has grown. This can either ease the long-running
stalemate between the White House and Congress or aggravate it even more.

Republicans have an opportunity to demonstrate their ability to work on passing meaningful
legislation that will make a difference for the American people and send it to the White House to
sign… or not.

But, before the shift in power takes place in January, Democrats have a few months of Senate
control remaining. This is a period of congressional transition known as the lame duck session
to push forward with its agenda. What could the lame duck mean for cybersecurity and
technology policy issues? It could mean a lot.

Cybersecurity policy, defense and communications policies, patent reform, and perhaps even
corporate tax reform all stand to be impacted by revised political strategy and by changes in the
leadership of congressional committees that oversee these issues. Below we explore the
reverberations emanating from the elections and member retirements that will be seen through
the lame duck session and beyond.

Cybersecurity

For several years, policymakers have attempted to advance legislative initiatives that are
intended to address the growing risk environment in cyberspace. Improving the security of
government networks and the partnership between the security industry and government to
reduce cyber risks is a high priority. Legislation is necessary to improve bi-directional
information sharing and collaboration between the private sector and government, but also
could impact how network equipment is designed (such as the use of specific security controls
and mandatory implementation of certain technology standards) and how/when cybersecurity
incidents are reported.
The House has passed several cybersecurity bills pertaining to information sharing, cyber
workforce development, and government computer security reform. The Senate, however, has
passed no cybersecurity legislation. Why not?

This is largely because the Senate Democratic leadership has focused on passing a
comprehensive bill that addresses many issues in one bill. A previously introduced bill included
an expanded regulatory approach with static, costly, and compliance-based provisions that
would have stymied innovation and was largely opposed by industry. The measure twice failed
4 Cyber Warnings E-Magazine – November 2014 Edition
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