HR 3809 Introduced – Rural Water Cybersecurity

Last month, Rep Davis (D,NC) introduced HR 3809, the Cybersecurity for Rural Water Systems Act of 2023. The bill would expand the USDA’s support of the Circuit Rider program to provide cybersecurity technical assistance for rural water systems. The legislation would extend the authorization for the Circuit Rider program through 2028 and adds $7.5 million in additional annual funding to support the cybersecurity effort.

The bill amends 7 USC 1926(a)(22), inserting a new clause (ii) requiring that the Circuit Rider program includes “cybersecurity technical assistance for rural water systems serving fewer than 10,000 persons”. The assistance would be used to:

• Assess system efficacy in protecting against cyber threats, and

• Implement cybersecurity plans, procedures, and technologies to protect against cyber threats.

Moving Forward

Craig, along with all four of his co-sponsors {Rep Nunn (R,IA), Rep Craig, (D,MN), Rep Spanberger (D,VA), and Rep Costa (D,CA)}, are members of the House Agriculture Committee to which this bill was assigned for consideration. This should mean that there is sufficient influence to see the bill considered in Committee. While I expect that there will be bipartisan support for this bill in Committee, it would probably run afoul of the conservative Republican focus on cost cutting, so it would be difficult to get the bill before the full House. There is a chance that the bill could be considered as a floor amendment to HR 4638, the ARD spending bill.

Commentary

I have always been a little surprised at the 10,000-customer cut off for EPA regulations on water systems. Looking as 7 USC 1926, the reason becomes clear, the Agriculture Department is responsible for the oversight of these smaller water systems. This bill seems to provide a relatively low-cost program to begin to address cybersecurity issues at some of the smaller systems, but with only 147 circuit riders nationwide, it will take some time for the program to reach all of the potentially affected systems.