03-31-2025

Continuation of the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities

NoticeView the Original .pdf
View the Original .pdf

The 1-Minute Brief

What: This notice extends for one year a national emergency originally declared in 2015. This state of emergency grants the President powers to impose economic sanctions on foreign individuals and entities responsible for malicious cyberattacks against the United States.

Money: There is no direct cost to the American public associated with this continuation. However, it authorizes the Treasury Department to continue freezing assets and blocking transactions of designated foreign actors, which can involve significant sums of money belonging to those sanctioned entities.

Your Impact: For the average American, the direct impact is minimal. Indirectly, this action is intended to protect you by deterring and punishing foreign hackers who might otherwise steal your personal data, disrupt critical infrastructure like banks and power grids, or interfere in elections.

Status: The notice has been signed by the President and published in the Federal Register, continuing the national emergency for one year beyond April 1, 2025.

What's Actually in the Bill

This executive action is a formal notice that continues a national emergency declared under Executive Order 13694 on April 1, 2015. The original order, and its subsequent amendments, established a framework for the U.S. government to respond to cyber threats originating from outside the country. The continuation allows the President to utilize powers granted by the International Emergency Economic Powers Act (IEEPA) to counter these threats. This primarily involves identifying, sanctioning, and blocking the property of foreign individuals and entities engaged in significant malicious cyber activities.

Core Provisions:

  • The national emergency concerning significant malicious cyber-enabled activities is continued for 1 year beyond its expiration date of April 1, 2025.
  • It maintains the President's authority to take specific actions against foreign cyber threats, including those targeting U.S. national security, foreign policy, economic health, or financial stability.
  • The notice explicitly references several preceding executive orders (E.O. 13757, E.O. 13984, and E.O. 14144) that expanded the scope to include actions like interference in U.S. elections.

Stated Purpose (from the Sponsors):

The stated purpose of this continuation is to deal with the "unusual and extraordinary threat to the national security, foreign policy, and economy of the United States" posed by the "increasing prevalence and severity of malicious cyber-enabled activities" that come from outside the U.S.

  1. The White House asserts that these cyber threats are ongoing and require the continuation of the emergency powers to effectively address them.

Key Facts:

Affected Sectors: National Security, Foreign Policy, Technology, and the Economy.
Timeline: The extension is effective beyond April 1, 2025, for one year.
Scope: The action targets foreign individuals and entities located, in whole or in substantial part, outside the United States who are determined to be responsible for or complicit in malicious cyber activities.

The Backstory: How We Got Here

Timeline of Events:

The Dawn of Cyber Sanctions (2015-Present):

  • April 1, 2015: President Barack Obama signed Executive Order 13694, declaring a national emergency to counter the rising threat of foreign cyberattacks. This created the first-ever sanctions program to target malicious cyber actors.
  • December 28, 2016: President Obama amended the executive order with E.O. 13757, specifically adding the authority to sanction those who "interfere with or undermine election processes or institutions." This was a direct response to foreign interference in the 2016 presidential election.
  • January 19, 2021: President Donald Trump issued Executive Order 13984, which took additional steps to address the emergency by targeting the use of U.S. Infrastructure as a Service (IaaS) products by foreign malicious cyber actors.
  • March 27, 2025: The White House issued the latest notice, continuing the national emergency for another year, a routine step required by the National Emergencies Act to keep the authorities active.

Why Now? The Political Calculus:

  • Annual Requirement: The National Emergencies Act requires the President to periodically review and renew ongoing national emergencies. This notice is a procedural necessity to prevent the powers from automatically terminating.
  • Persistent Threats: There is broad consensus across the political spectrum that cyberattacks from foreign adversaries remain a critical threat to U.S. national and economic security.
  • Deterrence Tool: The sanctions authority provided by this emergency declaration is a key tool in the U.S. government's arsenal to deter and punish state-sponsored and criminal cyber actors, making its renewal a strategic priority.

Your Real-World Impact

The Direct Answer: This action primarily affects foreign individuals and organizations engaged in cyberattacks, but it indirectly protects all Americans by safeguarding the nation's digital infrastructure.

What Could Change for You:

Potential Benefits:

  • Enhanced Security: Continued sanctions aim to disrupt the operations of foreign hackers, potentially reducing the number of data breaches that expose your personal information.
  • Protection of Critical Services: The measure helps protect essential services like banking, healthcare, and utilities from cyber disruptions.
  • Election Integrity: The authority to sanction entities that interfere in elections is designed to protect the democratic process from foreign influence.

Possible Disruptions or Costs:

Short-term:

  • For the vast majority of Americans, there are no direct short-term costs or disruptions.

Long-term:

  • The broad use of economic sanctions can have complex and sometimes unpredictable effects on global economic relationships, though these are not typically felt directly by individuals.

Who's Most Affected:

Primary Groups: Foreign governments, intelligence services, and criminal organizations designated by the U.S. Treasury for engaging in malicious cyber activities.
Secondary Groups: U.S. technology and financial companies that must comply with the sanctions by blocking transactions and services to designated entities.
Regional Impact: The impact is not specific to any U.S. region but is directed at foreign actors globally.

Bottom Line: This continuation allows the government to maintain economic pressure on foreign cyber adversaries, with the goal of protecting the digital lives and critical infrastructure of all Americans.

Where the Parties Stand

Republican Position: "A Strong National Defense"

Core Stance: Republicans generally support strong national security measures and have historically endorsed using economic power to counter foreign threats.

Their Arguments:

  • ✓ They support protecting U.S. critical infrastructure and industrial base from foreign cyber actors.
  • ⚠️ Some Republicans have expressed concern that increased cybersecurity regulation could hinder business and that robust encryption might protect criminals.
  • ✗ There is little to no opposition within the party to continuing a national emergency focused on foreign cyber threats.

Legislative Strategy: Generally support the annual continuation of this national emergency as a necessary component of national defense.

Democratic Position: "Protecting People and Processes"

Core Stance: Democrats strongly support measures to enhance cybersecurity, particularly to protect consumer data and the integrity of elections.

Their Arguments:

  • ✓ They strongly advocate for increased investment in cybersecurity and protecting personal data through strong national standards.
  • ⚠️ While supporting the goal, some Democrats may raise concerns about the broad executive power granted under national emergencies and the need for congressional oversight.
  • ✗ There is no significant opposition within the party to using sanctions to punish foreign entities for cyberattacks, especially those aimed at election interference.

Legislative Strategy: Overwhelmingly support the continuation of this authority, seeing it as crucial for protecting Americans' privacy and democratic institutions.

Constitutional Check

The Verdict: ✓ Constitutional

Basis of Authority:

The President's action is based on powers delegated by Congress through two key laws: the International Emergency Economic Powers Act (IEEPA) and the National Emergencies Act (NEA).

International Emergency Economic Powers Act (50 U.S.C. 1701): "[The President has the authority to] deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat."

Constitutional Implications:

Delegated Powers: The President is not acting unilaterally but is exercising powers explicitly granted by Congress through the IEEPA. This framework was established to allow the executive branch to respond swiftly to foreign threats.
Precedent: The use of IEEPA to impose sanctions in response to national emergencies has been a cornerstone of U.S. foreign policy for decades and has been invoked by presidents of both parties.
Federalism: This action concerns foreign policy and national security, which are powers vested in the federal government, and does not overstep into powers reserved for the states.

Potential Legal Challenges:

While the continuation of this specific national emergency is unlikely to face legal challenges, the broader use of IEEPA has been questioned. Some legal scholars and businesses have argued in court that presidents have exceeded the authority granted by IEEPA, for instance, by imposing tariffs. A court ruling that significantly narrows the President's powers under IEEPA could impact how this and other national emergencies are handled in the future.

Your Action Options

TO SUPPORT THIS BILL

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I support the continued use of executive authority under the national emergency to combat foreign cyber threats and protect our national security."

30-Minute Deep Dive:

  • Write a Detailed Email: Contact your representatives and senators through their official websites, expressing support for robust cybersecurity measures and the use of economic sanctions to deter foreign adversaries.
  • Join an Organization: Look for advocacy groups that focus on national security and technology policy.

TO OPPOSE THIS BILL

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I have concerns about the broad and long-lasting powers granted to the President under the National Emergencies Act. I urge Congress to review these powers."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper expressing your concerns about the long-term nature of national emergencies and the potential for executive overreach.
  • Join an Organization: Groups that advocate for civil liberties and limitations on executive power often monitor and critique the use of emergency authorities.