[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 425 Introduced in House (IH)]
110th CONGRESS
2d Session
H. CON. RES. 425
Expressing the sense of Congress regarding the need to pass meaningful
legislation to protect commercial and government data from data
breaches.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 24, 2008
Mr. Burgess (for himself and Mr. Gonzalez) submitted the following
concurrent resolution; which was referred to the Committee on Science
and Technology, and in addition to the Committee on Oversight and
Government Reform, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
CONCURRENT RESOLUTION
Expressing the sense of Congress regarding the need to pass meaningful
legislation to protect commercial and government data from data
breaches.
Whereas over 225 million records have been subject to a data breach in the
United States since 2005;
Whereas almost 8.4 million adults in the United States were victims of identity
fraud in 2007;
Whereas 66 percent of breaches involve data that the victim was unaware existed
on the system;
Whereas data breaches occur in a wide rage of institutions, including
government, military, education, health care companies, banking, and
credit and financial services;
Whereas, in 2007, the number of data security breaches at colleges and
universities increased over 67 percent from 2006, and the number of
educational institutions affected increased over 72 percent;
Whereas the Department of the Interior, the Nuclear Regulatory Commission, the
Department of Treasury, the Department of Veterans Affairs, and the
Department of Agriculture all scored an ``F'' on the 2007 Federal
Security Report Card;
Whereas a data breach at the Department of Veterans Affairs in 2006 put 26.5
million veterans' names, addresses, and Social Security numbers at risk;
Whereas, in 2008, medical data of over 3,000 patients at the National Institutes
of Health was stolen from an unencrypted government laptop;
Whereas, in 2006, three systems at the United States Department of Agriculture
were compromised, potentially making available the names, Social
Security numbers, and photos of 26,000 U.S.D.A. employees, contractors,
and retirees;
Whereas, since 2001, the Department of Commerce previously reported to the House
Committee on Government Reform that a total of 1,137 department laptops
have been stolen, lost, or reported missing;
Whereas the Government Accountability Office found in 2008 that significant
control weaknesses continue to threaten the confidentiality, integrity,
and availability of the Securities and Exchange Commission's financial
and sensitive information and information systems, and the S.E.C. has
not consistently implemented effective controls to prevent, limit, or
detect unauthorized access to computing resources;
Whereas the requested fiscal year 2009 Federal budget across all agencies for
information technology security of $7.2 billion, an increase of $600
million over the fiscal year 2008 budget, has yet to be enacted;
Whereas the Department of Homeland Security has the lead responsibility for
assuring the security, resiliency and reliability of the Nation's
information technology and communications infrastructure with only a
requested budget of $247 million for the Office of the Chief Information
Officer;
Whereas the Department of Homeland Security's Chief Information Officer, who has
primary oversight of information technology projects and reviews and
approves all information technology, currently has no established
qualifications for appointment as authorized by Congress;
Whereas the Inspector General of the Department of Homeland Security reports
that the department has not completed all the steps to produce a
prioritized inventory of its internal cyber critical infrastructure and
the department's Management Directorate has not been coordinating
related efforts to secure these assets;
Whereas, in 2006, Congress suffered computer attacks from a foreign government
where information was stolen;
Whereas data breaches are caused by a variety of sources, including 73 percent
from external sources, 18 percent caused by insiders, 39 percent by
business partners, and 30 percent where multiple parties are involved;
Whereas data breaches occur in a variety of ways, including 62 percent
attributed to significant error, 58 percent resulted from hacking and
intrusions, 31 percent from malicious code, 22 percent exploited a
vulnerability, and 15 percent were due to physical threats;
Whereas cyber crime is a growing international business that presents a
fundamental threat to the Internet;
Whereas 36 States have recognized the threat that data breaches pose and have
taken steps to pass their own data security legislation;
Whereas the total cost of the data security crisis to business and consumers is
approaching $50 billion annually, with the average breach costing a
consumer $1,200 and a business $5 million;
Whereas 87 percent of breaches are considered avoidable if reasonable controls
had been in place; and
Whereas solutions to these threats exist in the marketplace for relatively low
cost: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring),
That it is the sense of Congress that Congress should--
(1) before final adjournment of the 110th Congress, pass
meaningful legislation to protect commercial and government
data, which includes a robust definition of encryption tied to
National Institute of Standards and Technology standards and
requires leadership at the top levels of an organization to
take an active role in ensuring that their systems are secure;
and
(2) encourage leaders of government agencies and private
enterprises to take responsibility for the data collected and
stored within their institution by making data security a top
priority within the institution.
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