House Passes Three Bipartisan Cybersecurity Bills to Protect Critical Infrastructure

Jul 31, 2014

Reading Time : 3 min

NCCIPA directs the Secretary of Homeland Security to coordinate with federal, state and local government entities and, most notably, private entities and critical infrastructure owners and operators to perform numerous cybersecurity improvement tasks. Those tasks include facilitating information sharing, developing resiliency strategies and providing cyber incident response. The bill, introduced by House Homeland Security Committee Chairman Michael McCaul (R-TX), Ranking Member Bennie G. Thompson (D-MS), Subcommittee Chairman Patrick Meehan (R-PA) and Subcommittee Ranking Member Yvette Clarke (D-NY), also recognizes the National Cybersecurity and Communications Integration Center, a subdivision of DHS established in 2009, as the interface for sharing real-time cyber threat information.

CIRDA aims to enhance cybersecurity research and development, requiring the Secretary to submit to Congress (1) “a strategic plan to guide the overall direction of federal physical security and cybersecurity technology research and development efforts for protecting critical infrastructure” and (2) “a report on the Department’s utilization of public-private research and development consortiums for accelerating technology development for critical infrastructure protection,” both of which must be updated every two years. 

Finally, the Boots-on-the-Ground Act requires the Secretary of Homeland Security to classify and evaluate the individuals performing cybersecurity-related duties, identify weaknesses in the workforce, and develop a workforce strategy including a recruitment plan, 5-year implementation plan, and 10-year projection of needs.

Chairman McCaul noted that one of the primary purposes of the collective legislation was to address the “pre-9/11 mindset when it comes to cybersecurity.”2 Specifically, Chairman McCaul noted that an attack on the nation’s “oil and gas pipelines [or] power grids . . . could cause crippling economic damage and could even cost lives.” Furthermore, DHS has acknowledged both that “[t]he reliance of virtually all industries on electric power and fuels means that all sectors have some dependence on the Energy Sector,” and that “[m]ore than 80 percent of the country’s energy infrastructure is owned by the private sector.”3 Thus, it is significant that these House bills (1) recognize Energy as a “critical infrastructure sector” and (2) aim to utilize public-private sector cooperation to improve the nation’s cybersecurity.

Also, the proponents of the bills contend that they strike the right balance between security and privacy concerns. While any bill that requires information sharing, especially among government and private sector entities, will likely raise privacy concerns, Rep. Meehan was quick to note that these bills have received support from the American Civil Liberties Union (ACLU) as both “pro-privacy and pro-security.”4 The ACLU has previously supported the idea that from a transparency perspective, among the various federal agencies, DHS is best suited to handle cybersecurity issues.5


1 The full list of sectors includes:  Chemical; Commercial Facilities; Communications; Critical Manufacturing; Dams; Defense Industrial Base; Emergency Services; Energy; Financial Services; Food and Agriculture; Government Facilities; Health Care and Public Health; Information Technology; Nuclear Reactors, Materials, and Waste; Transportation Systems; and Water and Wastewater Systems. 

2 See Comm. on Homeland Sec., House Passes Bipartisan Legislation to Protect Critical Infrastructure from Cyber Attack (July 28, 2014) (“House Comm. on Homeland Sec. Press Release”).

3 See Dep’t of Homeland Sec., Energy Sector Overview (June 12, 2014), http://www.dhs.gov/energy-sector (emphasis added).

4 See House Comm. on Homeland Sec. Press Release.

5 See Am. Civil Liberties Union, Way to go DHS! And Shame on the Rest of You (Apr. 18, 2014), https://www.aclu.org/blog/national-security/way-go-dhs-and-shame-rest-you; DHS Cybersecurity: Roles and Responsibilities to Protect the Nation's Critical Infrastructure: Hearing Before the H. Comm. on Homeland Sec., 113th Cong. (2013) (statement of Michelle Richardson, Legislative Counsel, American Civil Liberties Union), available at http://docs.house.gov/meetings/HM/HM00/20130313/100390/HHRG-113-HM00-Wstate-RichardsonM-20130313.pdf.

Share This Insight

Previous Entries

Speaking Energy

February 13, 2025

Oil & gas companies continue to identify and capitalize on opportunities related to the deployment of new energy technologies, with their approaches broadly maturing and coalescing around maximizing synergies, leveraging available subsidies and responding to regulatory drivers.

...

Read More

Speaking Energy

February 11, 2025

On January 30, 2025, the Federal Energy Regulatory Commission (FERC or the Commission) approved a Stipulation and Consent Agreement (Agreement) between the Office of Enforcement (OE) and Stronghold Digital Mining Inc. (Stronghold) resolving an investigation into whether Stronghold had violated the PJM Interconnection, L.L.C. (PJM) tariff and Commission regulations by limiting the quantity of energy made available to the market to serve a co-located Bitcoin mining operation.1 This order appears to be the first instance of a public enforcement action involving co-located load and generation and comes at a time when both FERC and market operators2 are scrutinizing the treatment of co-located load due to the rapid increase in demand associated with data center development.

...

Read More

Speaking Energy

February 5, 2025

2024 was about post-consolidation deal flow and a steady uptick in activity across the oil & gas market. This year, mergers & acquisitions (M&A) activity looks set to take on a different tone as major consolidation plays bed down.

...

Read More

Speaking Energy

January 30, 2025

The oil & gas industry is experiencing a capital resurgence, driven by stabilizing interest rates and renewed attention from institutional investors. Private equity is leading the charge with private credit filling the void in traditional energy finance and hybrid capital instruments gaining in popularity. Family offices are also playing a crucial role, providing long-term, flexible investments.

...

Read More

Speaking Energy

January 23, 2025

Under a second Trump presidency, the U.S. is expected to consider reversal of many of the Biden administration’s climate and environmental policies, in addition to a markedly different approach to trade policy and oil & gas regulation. This includes expanding oil & gas development on public lands and offshore, lifting the pause on liquified natural gas (LNG) exports to non-Free Trade Agreement countries and repealing the methane fee.

...

Read More

Speaking Energy

January 15, 2025

We are pleased to share a recording of Akin’s recently presented webinar, “Drilling Down: What Oil & Gas Companies Can Expect from Federal Agencies During Trump’s Second Administration.”

...

Read More

Speaking Energy

January 9, 2025

On January 6, 2025, the Federal Energy Regulatory Commission (FERC) issued a Final Rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within FERC’s jurisdiction. The Final Rule is a result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires each federal agency to issue an annual inflation adjustment by January 15 for each civil monetary penalty provided by law within the agency’s jurisdiction. The adjustments in the Final Rule represent an increase of approximately 2.6% for each covered maximum penalty. FERC’s adjusted maximum penalty amounts, which will apply at the time of assessment of a civil penalty regardless of the date on which the violation occurred, are set forth here and will become effective upon publication in the Federal Register.

...

Read More

Speaking Energy

January 9, 2025

Join projects & energy transition partners Ike Emehelu and Shariff Barakat as well as climate change partner Ken Markowitz at Infocast's Projects & Money, where Ike will moderate the "The State of Project Finance – View from the C-Suite" panel, and Shariff will moderate the "Capital Markets & Other Capital Sources for Project Finance & Investment" panel. Ken will moderate the “Carbon Markets Forecast for 2025” panel.

...

Read More

© 2025 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.