Democrats’ big win on Election Day, which saw them take control of both the House and Senate, has ramifications for the Cybersecurity and Infrastructure Security Agency, artificial intelligence, surveillance policy and much more.

Here’s what lawmakers and cybersecurity experts have to say about the short-term and long-term prospects on Capitol Hill.

Leadership plans ahead

Maggie Hassan, D-N.H. is in line to take the gavel on the Senate Homeland Security and Governmental Affairs Committee, with Sen. Gary Peters, Mich., retiring.

“Our government’s number one job is to keep people safe, and the Senate Homeland Security and Governmental Affairs Committee must work to ensure that our country remains safe, secure and free from all kinds of threats,” Hassan said in a statement to CyberScoop. “That work involves protecting against terrorism and fentanyl trafficking, but it also includes guarding against emerging threats like artificial intelligence security risks and strengthening our cybersecurity.”

“The Trump-Vance administration has undermined our security on these fronts, including by diverting resources away from combatting fentanyl trafficking and gutting CISA,” she continued. “We need to reverse these cuts, confront these challenges and put public safety first.”

Rep. Bennie Thompson, D-Miss., is poised to return once again as chair of the House Homeland Security Committee, said Democrats are taking over at a “pivotal time for CISA,” with it looking to add staff after cutting back by nearly one-third.

“First and foremost, we will aim to work with CISA to expedite its critical re-staffing effort and to ensure it has the expertise necessary to support stakeholders as they defend against the scale and velocity of AI-enabled cyber-attacks,” he said in a statement to CyberScoop. “Advances in AI can help defenders, but it will also accelerate the consequences of deferred investments in security and CISA must be well-positioned to help critical infrastructure owners and operators rapidly improve their cybersecurity posture.”

“We will prioritize getting resources straight into the hands for defenders — by extending the State and Local Cybersecurity Grant Program and improving support of under-resourced sectors, especially water,” he continued. “We will work to ensure CISA re-establishes its cross-sector coordination capacity, which was diminished when the Trump administration- terminated CIPAC, by making sure the Anchor-CI is eventually up and running and meets the needs of stakeholders. Finally, we will make sure CISA is well-positioned to support the secure development and deployment of AI.”

What happens in the lame-duck session

Before the GOP relinquishes control of the House and Senate to Democrats, though, there’s a lame-duck session ahead. 

Long-term renewal of the Cybersecurity Information Sharing Act of 2015 (CISA 2015) is a bipartisan and industry priority, with it set to expire Dec. 11. Current Senate Homeland Security and Governmental Affairs Chairman Rand Paul, R-Ky., has been the biggest obstacle to reauthorization, but he could get “rolled” by GOP leadership on an extension, said Michael Garcia, a former government cyber official and vice president of the cybersecurity practice at Monument Advocacy. Possible vehicles for CISA 2015 to hitch a ride include an omnibus funding bill or the annual defense policy bill.

The Department of Homeland Security, and its subagency CISA, are currently operating on a continuing resolution that’s also set to expire Dec. 11, where lawmakers could temporarily extend CISA 2015 if a long-term solution can’t be reached in the lame duck. Another continuing resolution before Dec. 11 in lieu of an omnibus spending bill is an option for the lame duck. Both a CR and omnibus spending bill would theoretically include DHS funding, although the agency’s funding has been made more difficult in the past by the presence of Immigration and Customs Enforcement within the department.

Republicans have talked about wanting to get the fiscal 2027 National Defense Authorization Act done in the lame duck. Besides the possibilities of CISA 2015 being included in the bill, Nicholas Leiserson, senior vice president for policy at the Institute for Security and Technology, said the Senate version of the legislation has a pair of very noteworthy cyber provisions: a “very broad” authorization for contractor-owned, contractor-operated offensive cyber operations, and a requirement that every artificial intelligence product sold to the Defense Department have an AI bill of materials.   

Additional leadership shuffle

While Paul is losing his gavel, he’s shown he can be a disruptive force on passing cybersecurity legislation through the Senate in the minority. That makes what he does next possibly determinative for cyber bills, Leiserson and Garcia said. “If he leaves HSGAC, let a thousand cyber bills flourish!” Garia quipped on social media. Paul could opt to become the top Republican on the Senate Health, Education, Labor and Pensions Committee instead of HSGAC.

Nebraska Sen. James Lankford would take over for Paul as top HSGAC Republican in that scenario, and an industry source said he’s viewed as a supporter of CISA 2015.

On Senate Intelligence, the panel’s leadership goes to a lawmaker who has placed a big emphasis on cybersecurity in his congressional career: Mark Warner, D-Va. 

On the House side, while Rep. Andrew Garbarino, R-N.Y., moves to the minority on the Homeland Security panel, he has proven willing to collaborate with Democrats on cybersecurity issues. Rep. Delia Ramirez, D-Ill., is poised to take the gavel of the panel’s cybersecurity subcommittee, and Rep. Vince Fong, R-of California looks set to become the subcommittee’s top Republican and has his own history of bipartisanship. Fong would replace current subcommittee chair Andy Ogles, the far-right Tennessee Republican who lost in the primaries.

One thing to watch in the House, Leiserson said, is how the House looks to tackle AI — through existing committees, a select committee or some other structure. Democrats haven’t put forward a unified front on AI guardrails yet.

With AI models uncovering as many vulnerabilities as they are, “highly capable frontier models are going to drive a lot of discussion” about AI and cybersecurity, said Craig Albright, the Business Software Alliance’s senior vice president for U.S. government relations.

Appropriations, oversight, legislation

If the NDAA or a CISA 2015 extension don’t pass in the lame duck, they’d be priorities in 2027, too.

“CISA 2015 has to happen, and if we can’t get it done, then we can’t move to the next thing,”  said Henry Young, BSA’s policy director. “Once we get it done, there’s an open question about which of these priorities that we’ve talked about gets to be number one. Is it post-quantum cryptography? Is it government IT modernization? Is it frontier AI cybersecurity systems? We don’t know that yet, and we can’t know until we pass this law.”

How damaged the agency CISA is by Trump administration’s budget cuts is something Democrats are expected to scrutinize closely. Another top budget issue is what to do with the expired State and Local Cybersecurity Grants Program housed at DHS, since even if it’s reauthorized, it will require appropriators taking steps to invest in it.

Democrats could take a look at a variety of other Trump administration changes at DHS and CISA, on topics like election security, the Cyber Safety Review Board, the Joint Cyber Defense Collaborative and more. 

More broadly, Leiserson said an area of Democratic cyber oversight is likely to be the Department of Government Efficiency that cut cyber personnel at agencies at and beyond CISA, and “particularly the integrity of systems that DOGE touched when they were given very high privileged access to federal systems.”

If the White House puts forward a permanent nominee for director of CISA, Democrats would be poised to vet that person. They also would have a say in who leads the Office of the National Cyber Director, should the incumbent, Sean Cairncross, depart.

So far, Democrats haven’t put forward a unified posture on expired surveillance authorities known as Section 702, although both Warner and incoming House Intelligence Chairman Jim Himes, D-Conn., have fought in the past for its renewal. The surveillance program is operating similarly still due to a court order, but that order only lasts through next spring.

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Hundreds of federal agencies should adopt an encryption tool to protect whistleblowers, veterans suffering from mental health crises and others from hackers who might target them when they reach out via agency websites, Sen. Ron Wyden said Monday.

The Oregon Democrat urged the Cybersecurity and Infrastructure Security Agency and Office of Management and Budget to take steps to adopt Encrypted Client Hello — a cybersecurity technology that protects the name of the website visited by a user — in a letter to the two agencies. His office identified at least 350 sites that don’t use its protections.

While almost all federal agency websites are encrypted, standard web encryption doesn’t secure some website names, Wyden said, using reportfraud.ftc.gov as an example.

“As data travels across the internet, hackers and foreign actors monitoring network connections can easily see these exposed website names,” he wrote. “This visibility could lead to malicious eavesdroppers identifying whistleblowers, profiling cleared federal personnel, tracking Americans seeking crisis support, and mapping interactions between agencies.”

Wyden wrote that Encrypted Client Hello (ECH) is especially effective with Content Delivery Networks (CDNs) that connect hundreds of thousands of websites to the internet. For websites delivered by a CDN, ECH makes it so anyone intercepting user web traffic can view the network delivering the content but not the specific site.

Agencies using CDN infrastructure without Encrypted Client Hello include an FBI tipline that supports ECH but doesn’t enable it and a Department of Veteran Affairs online suicide prevention hotline that isn’t protected by ECH because Amazon doesn’t support it, as well as agencies offering things like national security personnel services and whistleblower channels.

Because of the lack of ECH protection, foreign adversaries might be able to identify someone submitting crime tips to the FBI, Wyden warned.

Wyden made two recommendations to the leaders of CISA and the OMB.

“CISA should require that civilian federal agencies enable the protections of ECH across all public-facing websites and inter-agency web systems,” he said. “OMB, in coordination with the Office of the National Cyber Director and CISA, should establish support for ECH protections as a mandatory condition for commercial cloud and network vendors seeking federal contracts.”

CISA and OMB didn’t immediately respond to a request for comment on the letter, first reported by NextGov/FCW.

Wyden’s Monday missive is his most recent aimed at improving security technology at federal agencies, following on the heels of a letter in July first reported by CyberScoop that urged feds to get rid of older, insecure, public-facing VPNs.

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Federal government contractors that handle sensitive information could soon face a “sea change” in rules about how they protect that information and report when it has been part of a breach.

Pending federal regulations on the handling of “controlled unclassified information,” or CUI, a category of sensitive data that falls short of classified — including people’s personal information such as Social Security numbers, information that could expose vulnerabilities in critical infrastructure and more — could arrive as soon as the end of this year, but likely no later than the end of President Donald Trump’s term, attorneys who specialize in federal procurement rules said. The changes are part of a larger overhaul of federal contracting rules.

As currently written, the proposed CUI rules mandate that unauthorized access of such data, including as a result of a cyberattack, would have to be reported to the federal government within 72 hours of discovery. The rules are a companion for most federal agencies to existing  Defense Department rules that cover the same subject. The 72-hour notice also is deliberately aligned with forthcoming rules from the Cybersecurity and Infrastructure Security Agency (CISA) for critical infrastructure owners and operators to report major cyber incidents under the Cybersecurity Incident Reporting for Critical Infrastructure Act (CIRCIA).

The CUI rules require contractors to adhere to minimum electronic security standards for protecting that sensitive information. Experts said the rules could expose contractors who fail to comply with cybersecurity guidelines to penalties under the False Claims Act, a lever that the federal government has been using increasingly since 2022 to punish contractors over lackluster cyber safeguards.

It’s “going to be a sea change for a lot of companies,” said Trayce Howard, a government contracts partner at Wiley Rein. 

“If it’s finalized in the form that it’s in now, it will be a fairly significant change for federal contractors,” said Ryan Burnette, a partner at Covington focused on government contracts and technology.

Susan Cassidy, another partner at Covington who advises government contractors, said the proposed regulation is part of a journey that began as far back as an executive order in 2010, when officials realized they couldn’t have sufficient, consistent requirements for protecting CUI given that so many agencies used different terminology for it: “sensitive but unclassified,” “for official use only,” and more.

The proposed rule is intended to “make it easier for contractors to comply with one set of standards, rather than many different types of standards” for the protection of CUI and the reporting on CUI incidents such as breaches, she said.

One industry source who spoke on condition of anonymity was candid about the difficulties CUI poses.

“CUI can be painful for many industry stakeholders because it’s not always clear what constitutes CUI,” the source said. “Many contractors will say they don’t necessarily know exactly what CUI is, despite their best efforts. Information from agencies isn’t always clearly marked as CUI.”

The reporting requirements

An earlier draft of the rule gave industry groups more heartburn: It had an 8-hour standard for reporting CUI incidents, rather than 72, and it required reporting of suspected incidents as well.

Still, a number of industry groups objected to the 72-hour standard, despite it being part of a much-sought after attempt to align federal breach reporting notification standards under CIRCIA.

The Aerospace Industries Association, for instance, said in filed comments that it “reiterates concerns with these compressed timelines which will be difficult and costly for industry to comply with,” in reference to the 72-hour standard. “AIA recommends extending these timelines to 30 calendar days to accommodate improved reporting while reducing compliance costs.”

The industry source said that “72 hours is largely a policy decision, based on extensive public-private deliberation,” rather than one based on any study of what’s best.

Another point of discussion about the reporting rule as written is where contractors report incidents.

“While the 72-hour reporting window is a significant improvement over the 8-hour window in the January 2025 proposal, the June 2026 rulemaking still appears to require reporting to agency -specific points of contact … rather than to a single centralized hub,” the Chamber of Commerce wrote in its comments.

Cassidy said “it will be interesting to see how centralized reporting into CISA, which is the other place where civilian agencies go, is handled, and whether there’s coordination with DOD or whether or not we still see two separate streams going through.”

The standards

The other major aspect of the proposed rule is that contractors handling CUI would have to abide by certain cybersecurity standards set by the National Institute of Standards and Technology known as SP 800-171, which Howard and her Wiley coauthors said would be imposed “on a broader group of contractors than ever before.” Some contractors might also have to meet other cybersecurity requirements, too.

“Another thing that will affect contractors is they’re going to have to flow down these requirements to their subcontractors,” she said. “So they’re going to have to identify what CUI am I giving to my subcontractors, and do some sort of oversight to make sure that their subcontractors are appropriately handling CUI.”

Howard and other experts predict that the rules could expand who might be subjected to False Claims Act punishments.

“I do think that this creates some significant False Claims at risk for contractors,” she said. This is going to encompass a whole new universe of contractors that may not be quite ready for that… contractors that have been working for civilian agencies exclusively have not been subject to this before.”

Final steps

The next steps aren’t 100 percent clear. Howard said a final rule could arrive by the end of the year. Cassidy said either an interim rule could take effect soon, or a final rule could be issued. Burnette said a final rule might be farther away, though the Trump administration has made it clear it wants everything finalized before the end of its term.

That means contractors need to get ready, he said.

“I think contractors should really be looking at this, preparing for it in certain ways, at least by recognizing at a high level, where this is headed and the types of activities and steps they need to be doing internally,” Burnette said. “Some of the minutia and the details, those are still subject to ironing out. But generally speaking, if you look at this rule compared to the rule that we saw early last year, they are much more similar than they are different. So we are starting to see  some crystallization here of the requirements, and we’re starting to get an idea what might change and what is most likely baked at this point.”

The Office of Management and Budget did not respond to requests for comment.

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A group of leading House Democrats introduced legislation Monday requiring the Cybersecurity and Infrastructure Security Agency to conduct an assessment of its workforce to determine whether it’s up to the task after the exit of around 1,000 employees during President Donald Trump’s second term.

The concept of a force structure assessment is more common in military branches, including one that Congress previously ordered for Cyber Command. The CISA Force Structure Assessment Act would order the agency to carry out a review of whether the agency still has the necessary personnel, training and certifications after budget cuts and other Trump-era departures.

“America’s cyber defenses are only as strong as the people behind them,” Rep. James Walkinshaw, the Virginia Democrat serving as lead sponsor of the bill, said in a news release. “As cyber threats grow more sophisticated and technologies like artificial intelligence and quantum computing reshape the threat landscape, Congress needs a clear accounting of whether CISA has the workforce, skills, and resources required to keep Americans safe and enable mission delivery. This legislation will identify critical gaps and give Congress concrete information to address them.”

Also sponsoring the bill are the top Democrat on the House Homeland Security Committee, Bennie Thompson of Mississippi, and the top Democrat on its cybersecurity subcommittee, Delia Ramirez, D-Ill.

Additional elements of the force structure assessmewould include a review of the security of federal IT systems and support for state and local governments; the risks posed by AI, quantum computing and other cutting edge technologies; CISA’s threat-hunting and incident response capabilities; support for critical infrastructure and operating technology, including CISA’s role as a sector risk management agency for a number of industry sectors; the operation of the Joint Cyber Defense Collaborative; and international cooperation.

Some lawmakers and other observers have worried those areas have been greatly impacted by staffing cuts, ultimately hurting CISA’s ability to carry out its core functions.

Ramirez dinged GOP lawmakers for “a lack of interest in safeguarding our nation’s cybersecurity and our residents’ civil rights and privacy” in going along with the CISA cuts and other developments at the Department of Homeland Security.

Lawmakers on both sides of the aisle have voiced concern about the scope of cuts at CISA, but Republicans have approved some of them while pushing back on others. CISA itself is currently seeking to hire hundreds of new personnel, even as its latest budget blueprint calls for yet more funding reductions.

“With Iran targeting our critical infrastructure and frontier AI models creating new cyber risks, we must ensure we have a cybersecurity workforce to counter these growing threats,” Thompson said. “After Trump has spent the past two years targeting and slashing CISA’s workforce, we need the agency to assess if it has [the] right personnel in place to fulfill its mission.”

National Cyber Director Sean Cairncross has discussed White House plans to develop a cybersecurity academy meant to consolidate and enhance existing federal cyber training and education programs, with the aim of addressing cyber workforce shortages. His office has reportedly drafted an executive order that would establish that academy.

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Sen. Ron Wyden implored a trio of federal leaders Monday to lead a comprehensive campaign to purge older, insecure virtual private networks that are directly accessible via the public internet from federal agencies.

“For too long, federal agencies and government contractors have suffered devastating cyberattacks due to their reliance on legacy, insecure, internet-facing VPN servers to grant employees remote access,” Wyden, D-Ore., wrote in his missive to top officials at the Office of Management and Budget, Cybersecurity and Infrastructure Security Agency and National Institute of Standards and Technology. They should coordinate “require the adoption of modern, secure remote-access technology across the federal government,” he said.

Such VPNs serve as a digital “front door” accessible via the public internet that allows mobile devices and remote employees to log in, Wyden said in a letter first reported by CyberScoop.

Wyden referenced several attacks that have affected federal agencies, including the ArcaneDoor attacks on Cisco firewalls, the FortiBleed credential exposures across Fortinet gateways and vulnerabilities that hackers exploited across Ivanti and Check Point VPN appliances.

“Modern remote-access solutions eliminate this vulnerability entirely. Instead of leaving an open door accessible from the public internet, modern solutions provide remote access without broadcasting their presence,” he said. “This effectively makes these servers invisible, ensuring that hackers cannot attack an entry point they cannot see.”

Agencies should move away from what a Congressional Research Service report to Wyden called a “castle-and-moat” approach of assuming anyone inside the network is authorized to access an organization’s resources that VPNs rely upon by extending virtual bridges to a more remote workforce, he said. They should instead focus on zero-trust architecture that uses a never-trust, always-verify approach, he said.

Furthermore, CISA, the OMB and NIST need to fundamentally change how the federal government approaches agency vulnerabilities, Wyden wrote. 

“The federal government has become trapped in an endless game of ‘whack-a-mole’ in responding to widespread compromises of legacy remote access technologies,” he said. “To keep federal networks online, CISA has been forced to repeatedly issue extraordinary Emergency Directives and hyper-accelerated patch mandates. These reactive emergency mandates are unsustainable for federal cybersecurity teams, and fail to address the fundamental issue that these flaws are inherent in the use of legacy remote-access appliances.”

CISA needs to issue a binding operational directive that gives agencies two years to fully expunge legacy, public-facing remote access systems, he said. NIST needs to issue implementation standards for transitioning to zero-trust architectures.

OMB needs to issue a memo directing agencies to prioritize zero-trust architecture spending. And OMB needs to team with CISA and the Defense Department to update procurement rules to block agencies and defense contractors from buying network edge, VPN or other remote access solutions unless a vendor supplies an attestation that it complies with NIST zero-trust standards, Wyden wrote.

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A total of eight cyber personnel have served in a program that began in 2022 to rotate workers between federal agencies to bolster the workforce, a watchdog report said Thursday.

Over the life of the Federal Rotational Cyber Workforce program that effectively went away last year, 13 agencies offered 106 positions and received 634 applications, according to the Government Accountability Office. Eight workers won approval to participate.

The goal of the Office of Personnel Management-led program, established by bipartisan legislation, was that “participating employees develop knowledge and skills that they can bring back to their home agencies,” as the GAO noted.

A couple major factors account for the low participation, the study found. One was the sharp decline in eligible advertised positions: 75 in 2023, 31 in 2024 and none in 2025 or 2026.

As of December of last year, OPM said it planned to advertise positions on Connect.gov, but this year OPM said it didn’t do so and wouldn’t be advertising positions due to “budgetary constraints,” according to the report.

“OPM officials stated that they do not anticipate any agencies offering positions in 2026, and that OPM does not intend to invest resources in advertising and managing the program going forward,” the report reads. “As a result, OPM officials stated that the agency does not intend to post advertised positions in 2026.”

The other major factor was that even though there were 634 applications, OPM said there were issues with many of the applicants, including that they were underqualified, didn’t obtain necessary approval in advance of applying or were contractors who weren’t eligible.

Additionally, “It was often easier for agencies to allow employees to serve cyber rotations within their own agency,” OPM reported.

OPM evaluated possible shortcomings in implementing the program in late 2024 and developed plans for improving it, but never followed up on them, the GAO said. As of next summer the program will officially end, OPM said.

The program isn’t the only one that feds have tried to implement to address the persistent gap in cybersecurity skills and experience. Nor is it the only one to fall on hard times in President Donald Trump’s second term, as the administration slashed budgets at agencies and forced out cyber personnel.

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Trump administration budget chief Russell Vought told lawmakers Tuesday that he’s willing to work with Department of Homeland Security Secretary Markwayne Mullin on re-staffing up the Cybersecurity and Infrastructure Security Agency, following deep personnel cuts and further proposed reductions in the fiscal 2027 budget blueprint.

Mullin said last week at a House Appropriations Subcommittee on Homeland Security hearing that he would like to hire 600 more people at CISA, similar to remarks he made earlier this month at another House hearing. President Donald Trump has cut or lost more than 1,000 from an agency that stood around 3,400-strong at the end of the Biden administration — cuts criticized by lawmakers in both parties.

At a House Appropriations Subcommittee on Financial Services and General Government   hearing Tuesday, Rep. Mark Amodei, R-Nev., asked Vought about Mullin’s CISA remarks.

“You don’t just flip a light switch on, and you got 600 folks over in CISA now. What’s the plan for getting CISA fully operational?” Amodei, who chairs the panel’s Subcommittee on Homeland Security, asked. “How do we make sure we have a robust, effective, cost-effective CISA force? Because I don’t think anybody thinks we have it now.”

Vought, director of the Office of Management and Budget, said he hasn’t received a formal request from Mullin to increase CISA’s number of full-time employees, but knows that hiring isn’t instantaneous.

“He was not here when we developed this budget, so if he feels the need to have additional resources, we will work through that internally, and at the appropriate time, come up and brief you,” he answered Amodei. “I do think he’s in the process still of getting his arms wrapped around the department,” he said. Mullen became DHS secretary in late March.

“This is probably one of those things, particularly in the cyber world, you now have a year and a half of a new administration,” Vought continued, and referred to conservative complaints about how CISA handled election security and disinformation under Biden. “We saw this agency had major concerns with it in our four years outside of government and with new management, I think it’s now an agency, or could be an agency, that plays a very valuable part for DHS’s portfolio.”

Bringing hundreds of new CISA personnel on board could prove challenging for reasons beyond the usual bureaucratic hurdles and security clearance processes that slow any federal hires in the national security space. Past CISA employees and agency observers have said the way the Trump administration has purged personnel and treated those who have stayed could prove a further disincentive to future hires.

Acting CISA director Nick Andersen recently said that the agency has begun the process of hiring new CISA staffers, and expected to have nearly 200 job offers out by the end of this month.

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