Review – HR 2344 Introduced - Water ISAC Threat Protection Act

Last month Rep Schakowsky (D,IL) introduced HR 2344, the Water Intelligence, Security, and Cyber (Water ISAC) Threat Protection Act. The bill would require the EPA to carry out a program to support, and encourage participation in, the Water Information Sharing and Analysis Center (W-ISAC). The legislation would authorize $10-million for FY 2024 and FY 2025 to support this initiative.

This bill is very similar (with the exception of the bill’s short title) to HR 1367 that was introduced by Schakowsky in March 2023. No action was taken on that bill in the 118^th Congress.

Moving Forward

Schakowsky and her sole cosponsor, Rep Mullins (R,OK) are members of the House Energy and Commerce Committee to which the bill was assigned for secondary consideration. While this may provide sufficient influence to see the bill considered in that Committee, it will not provide sufficient influence to see the bill considered in the House Transportation and Infrastructure Committee to which this was assigned for primary consideration. In fact, the T&I chair may consider this bill an assault on that Committee’s oversight prerogatives, resulting in active opposition to the bill.

 

For more information on the provisions of the bill, including an expanded ‘Moving Forward’ section, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-2344-introduced - subscription required. 

S 660 Introduced – Water System Threats

Earlier this month, Sen Markey (D,MA) introduced S 660, the Water System Threat Preparedness and Resilience Act of 2023. This is a companion bill (identical wording) to HR 1367 that was introduced earlier this month in the House. The legislation would require the EPA to carry out a program to support, and encourage participation in, the Water Information Sharing and Analysis Center (W-ISAC). The legislation would authorize $10-million for FY 2024 and FY 2025 to support this initiative.

Moving Forward

Markey is a member of the Senate Environment and Public Works Committee to which this bill was assigned for consideration. This means that there should be sufficient influence to see the bill considered in committee. I see nothing in this bill that would engender any organized opposition, and the spending issue is less of a problem in the Senate than in the House. At this point, this bill is more likely to move forward in committee than is the House bill.

Commentary

While the undefined term ‘malevolent acts’ used in §2(b)(4)(B) would certainly seem to include cyber incursions or attacks, I would prefer to see cybersecurity specifically addressed. To that end, I would suggest changing subparagraph (B) to read:

“(B) enhancing the preparedness of community water systems and publicly owned treatment works to identify, protect against, detect, respond to, and recover from cybersecurity threats (as defined in 6 USC 1501), malevolent acts (within the meaning of section 1433 of the Safe Drinking Water Act (42 U.S.C. 300i–2)) or natural hazards.”

 

For more information about the provisions of this bill, see my article on HR 1367 at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-1367-introduced - subscription required.

Review - HR 1367 Introduced – Water System Threats

Earlier this month, Rep Schakowsky (D,IL) introduced HR 1367, the Water System Threat Preparedness and Resilience Act of 2023. The bill would require the EPA to carry out a program to support, and encourage participation in, the Water Information Sharing and Analysis Center (W-ISAC). The legislation would authorize $10-million for FY 2024 and FY 2025 to support this initiative.

Moving Forward

Schakowsky is not a member of the House Transportation and Infrastructure Committee to which this bill was assigned for primary consideration, but she is a member of the House Energy and Commerce Committee to which this bill was assigned for secondary consideration. This means that she may have sufficient influence to see the bill considered in that Committee. Unfortunately, without influence in the T&I Committee, this bill has little chance of moving forward.

I see nothing in this bill that would engender any organized opposition beyond the $10-million authorized. I would expect that there would be some Republican opposition to the additional spending, but support for local water treatment facilities will frequently overcome such philosophical opposition. This bill would probably receive some level of bipartisan support.

Commentary

While the undefined term ‘malevolent acts’ used in §2(b)(4)(B) would certainly seem to include cyber incursions or attacks, I would prefer to see cybersecurity specifically addressed. To that end, I would suggest changing subparagraph (B) to read:

“(B) enhancing the preparedness of community water systems and publicly owned treatment works to identify, protect against, detect, respond to, and recover from cybersecurity threats (as defined in 6 USC 1501), malevolent acts (within the meaning of section 1433 of the Safe Drinking Water Act (42 U.S.C. 300i–2)) or natural hazards.”

For more details about the provision of this bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-1367-introduced - subscription required.

Bills Introduced – 3-3-23

Yesterday, with just the House meeting in pro-forma session, there were 46 bills introduced. Four of those bills may receive additional attention in this blog:

HR 1340 To provide outreach and technical assistance to small providers regarding Open RAN networks, and for other purposes. Allred, Colin Z. [Rep.-D-TX-32]

HR 1345 To amend the National Telecommunications and Information Administration Organization Act to establish the Office of Policy Development and Cybersecurity, and for other purposes. Curtis, John R. [Rep.-R-UT-3]

HR 1360 To establish a cybersecurity literacy campaign, and for other purposes. Obernolte, Jay [Rep.-R-CA-23]

HR 1367 To establish a program to increase drinking water and wastewater system threat preparedness and resilience, and for other purposes.

I will be watching HR 1340 for definition and language that would specifically include control system and transportation system networks within the scope of the provisions of the bill.

 

I will be covering HR 1345.

 

I will be watching HR 1360 for language and definitions that include industrial workforce control system security literacy within the scope of the provisions of the bill. I do not really expect to see this.

 

I will be watching HR 1367 for language and definitions that specifically include water-system control-system cybersecurity within the scope of the provisions of the bill.