Review - HR 1604 Introduced – Food & Ag Cybersecurity

Back in February Rep Finstad (R,MN) introduced HR 1604, the Farm and Food Cybersecurity Act of 2025. The bill would require USDA to periodically assess cybersecurity threats to, and vulnerabilities in, the agriculture and food critical infrastructure sector. Additionally, it would be required to conduct an annual cross-sector simulation exercise relating to a food-related emergency or disruption, and for other purposes. The bill would authorize $1 million per year through 2030 to fund such activities.

This bill is very similar to HR 7062 that Finstad introduced in January of 2024. No action was taken on that bill in the 118^th Congress. The most noticeable difference is that the new bill adds multiple references to ‘sector specific ISAC’ as well as references to ‘appropriate sector coordinating councils’. The most important change, however, is found in §3(a)(6), requesting that suggestions of legislative changes include:

“…intrusive, duplicative, or conflicting regulatory requirements that may divert attention and resources from operational risk management to a compliance regime that impedes actual security efforts.”

Moving Forward

Both Finstad and his three cosponsors {Rep. Tokuda (D,HI), Rep. Bacon (R,NE), and Rep. Davids (D,KS)} are all members of the House Agriculture Committee to which this bill was assigned for consideration. This means that there may be sufficient influence to see the bill considered in Committee. The main thing that would hold up this bill is the $1-million authorization for spending to support the activities outlined in the bill. In the current Congress, that is almost certainly a deal breaker.

 

For more information on the provisions of this bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-1604-introduced - subscription required.

Review - S 3661 Introduced – Food & Ag Cybersecurity

Last month, Sen Cotton (R,AR) introduced S 3661, the Farm and Food Cybersecurity Act of 2024. The bill would require USDA to periodically assess cybersecurity threats to, and vulnerabilities in, the agriculture and food critical infrastructure sector. Additionally, it would be required to conduct an annual cross-sector simulation exercise relating to a food-related emergency or disruption, and for other purposes. The bill would authorize $1 million per year through 2028 to fund such activities.

This bill is very similar to HR 7062, which was introduced shortly before this legislation. These are not technically companion measures as there are three significant differences between the two bills. First, the study to be conducted by USDA in both bills would be required to be conducted “in coordination with the Cybersecurity and Infrastructure Security Agency” in this version. The other two changes apply to the cross-sector exercise outline in §4. Both would add requirements to include “including sector-relevant information sharing and analysis centers” in the development and execution of those exercises. There was no mention of ISACS in the House bill.

Moving Forward

Cotton is not a member of the Senate Agriculture, Nutrition, and Forestry Committee to which this bill was assigned for consideration, but one of his seven cosponsors {Sen Gillibrand (D,NY)} is a member. This means that there may be sufficient influence to see the bill considered in Committee. Beyond, the spending issue, I see nothing in the bill that would engender any organized opposition to the bill. I suspect that there would be bipartisan support in the Committee for the bill, but I am not sure that it would be enough to overcome the opposition to the additional spending.

Commentary

As with HR 7062, I find it odd that this bill fails to mention the Food and Agriculture Sector Coordinating Council (FASCC). This group is a well-established public-private partnership designed to assist the USDA in their oversight of the Food and Agriculture Sector. They would be an invaluable asset to the USDA in developing and executing the requirements of this legislation. I would like to see language inserted in §3(a) and §4(a) requiring coordination with the FASCC for execution of both the study and the exercises.

 

For more details about the provisions of this bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-3661-introduced - subscription required.

Review - HR 7062 Introduced – Food & Ag Cybersecurity

Last month Rep Finstad (R,MN) introduced HR 7062, the Farm and Food Cybersecurity Act of 2024. The bill would require USDA to periodically assess cybersecurity threats to, and vulnerabilities in, the agriculture and food critical infrastructure sector. Additionally, it would be required to conduct an annual cross-sector simulation exercise relating to a food-related emergency or disruption, and for other purposes. The bill would authorize $1 million per year through 2028 to fund such activities.

Moving Forward

Finstad, and 12 of his 13 bipartisan cosponsors, are members of the House Agriculture Committee to which this bill was assigned for consideration. This means that there should be sufficient influence to see this bill considered in Committee. I suspect that, even with the $1 million price tag, this bill will have significant bipartisan support. There is a good chance that the language would be added to the farm bill.

Commentary

I find it odd that this bill fails to mention the Food and Agriculture Sector Coordinating Council (FASCC). This group is a well-established public-private partnership designed to assist the USDA in their oversight of the Food and Agriculture Sector. They would be an invaluable asset to the USDA in developing and executing the requirements of this legislation. I would like to see language inserted in §3(a) and §4(a) requiring coordination with the FASCC for execution of both the study and the exercises.

 

For more details about the provisions of this bill see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-7062-introduced - subscription required.

Bills Introduced – 1-22-24

Yesterday, with the Senate in Washington and the House meeting in pro forma session, there were 25 bills introduced. Three of those bills will receive additional attention in this blog:

HR 7062 To direct the Secretary of Agriculture to periodically assess cybersecurity threats to, and vulnerabilities in, the agriculture and food critical infrastructure sector and to provide recommendations to enhance their security and resilience, to require the Secretary of Agriculture to conduct an annual cross-sector simulation exercise relating to a food-related emergency or disruption, and for other purposes. Finstad, Brad [Rep.-R-MN-1] 

HR 7073 To improve public-private partnerships and increase Federal research, development, and demonstration related to the evolution of next generation pipeline systems, and for other purposes. Weber, Randy K., Sr. [Rep.-R-TX-14]

S 3635 A bill to improve the President's Cup Cybersecurity Competitions. Peters, Gary C. [Sen.-D-MI]