Mikulski Urges President Obama to Sign Executive Order to Help Protect America's Critical Infrastructure from Cyber Attack

As Chairwoman of Commerce, Justice, Science Appropriations Subcommittee and Member of Senate Intelligence Committee, Mikulski Urges Action Following Failed Senate Vote

September 27, 2012

WASHINGTONU.S. Senator Barbara A. Mikulski (D-Md.), Chairwoman of the Commerce, Justice, Science Appropriations Subcommittee and a member of the Senate Intelligence Committee, today announced that she sent a letter to President Obama urging him to sign an executive order to address key aspects of critical infrastructure protection to safeguard American national security from a cyber-attack. Earlier this summer, the Senate failed to advance the Cybersecurity Act of 2012, important legislation which would have addressed vulnerabilities in key infrastructure, including our power grid and financial systems.  

"I am writing to urge you to sign an executive order addressing key elements of the critical infrastructure provisions of the Cybersecurity Act of 2012 (S.3414), which unfortunately failed to pass the Senate in July despite the best efforts of myself and members on both sides of the aisle who are devoted to this issue," Senator Mikulski wrote. "I remain a strong advocate for the bill and hope that it will one day be passed by the Senate. However, the need for better protection of our nation's critical infrastructure cannot wait for Senate procedures and politics to work themselves out- we must act now to safeguard our country from potentially devastating attacks to our power grid, financial systems and other vital infrastructure."  

Senator Mikulski has been a staunch advocate for protecting our nation from cyber-attack. During the Senate's debate on the Cybersecurity Act of 2012, she spoke on the Senate floor on the urgent need to move forward with cybersecurity legislation and led a bipartisan Senate working group on cyber security. Video of her remarks are available here.  

The full text of the letter follows:  

September 20, 2012  

The Honorable Barack Obama
President of the United States
The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500  

Dear Mr. President:  

I am writing to urge you to sign an executive order addressing key elements of the critical infrastructure provisions of the Cybersecurity Act of 2012 (S.3414), which unfortunately failed to pass the Senate in July despite the best efforts of myself and members on both sides of the aisle who are devoted to this issue. I remain a strong advocate for the bill and hope that it will one day be passed by the Senate. However, the need for better protection of our nation's critical infrastructure cannot wait for Senate procedures and politics to work themselves out- we must act now to safeguard our country from potentially devastating attacks to our power grid, financial systems and other vital infrastructure.  

I believe that the voluntary participation structures for cyber standards outlined in S.3414 provide a useful way to give critical infrastructure-related businesses the voice they deserve while also leveraging unique government expertise, both of which are essential to creating viable, sector-specific guidelines that companies can use. I hope that the model in the bill plays prominently in your deliberations for executive action. To the extent possible, I also hope that you will give full consideration and thought to important incentives for businesses to participate, short of ones that require legislation.   

To be sure, key elements of S.3414 still need congressional action, and I stand ready to work with you in pushing for movement in those areas. In particular I remain committed to ensuring the information-sharing portion of the bill gets addressed as soon as possible. I believe that information-sharing is critical to better protection of our nation's intellectual property, secrets and data, which are being pilfered by foreign actors and cybercriminals as we speak. As the senior Senator from Maryland, I share the urgency of General Keith Alexander, the Director of the National Security Agency and Cyber Command at Ft. Meade, in supporting an information-sharing model that respects civil liberties while giving businesses tangible incentives to share specific threat information with the government.  

You have shown great leadership in building our national cybersecurity policies. Now, a robust, forward-leaning executive order from you will show those who mean us harm that we will pursue every option to protect the nation in the cyber domain. As member of the Senate Select Committee on Intelligence and the principal appropriator for the FBI, I stand ready to work with you to consider all avenues to address this urgent issue.  

Sincerely,  

Barbara A. Mikulski
United States Senator