42 U.S.C. § 18721: Enhancing grid security…

Summary

The Secretary must run a program, working with the Secretary of Homeland Security and others, to help electric utilities make their physical and computer systems more secure. The program must create voluntary tools to measure and test security, give threat assessments and training, offer technical help, teach how to manage supply-chain cyber risks, improve vendor cybersecurity, and make it easier to share best practices and data. For utilities that own defense-critical electric infrastructure, the program must do full engineering reviews to find ways attackers could cause catastrophic harm and to recommend and put in protections so key functions can keep running even if sophisticated attackers break in. The Secretary must consider utility size and region and give priority to smaller or resource-limited utilities. The program should use existing Department and DHS programs when possible. Not later than 1 year after November 15, 2021, the Secretary, working with DHS, must report to Congress on priorities and actions for protecting distribution systems (including behind-the-meter generation, storage, and load devices), the costs and benefits of those actions, and public-private cost-sharing options. Information the Secretary reasonably believes could harm security must be exempt from disclosure under section 552(b)(3) of title 5 and must not be released under public records laws. Definitions used: Bulk-power system — the main high-voltage grid; Electric Reliability Organization — the group that sets reliability rules; Electric utility — companies that deliver electricity; State regulatory authority — the state agency that oversees utilities.

Title 42, §18721

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Definitions

In this section: (1) Bulk-power system; Electric Reliability Organization

(2)Electric utility; State regulatory authority

The terms “electric utility” and “State regulatory authority” have the meanings given the terms in section 796 of title 16.

(b)Program to promote and advance physical security and cybersecurity of electric utilities

(1)Establishment

The Secretary, in coordination with the Secretary of Homeland Security and in consultation with, as the Secretary determines to be appropriate, the heads of other relevant Federal agencies, State regulatory authorities, industry stakeholders, and the Electric Reliability Organization, shall carry out a program—

(A)to develop, and provide for voluntary implementation of, maturity models, self-assessments, and auditing methods for assessing the physical security and cybersecurity of electric utilities;

(B)to assist with threat assessment and cybersecurity training for electric utilities;

(C)to provide technical assistance for electric utilities subject to the program;

(D)to provide training to electric utilities to address and mitigate cybersecurity supply chain management risks;

(E)to advance, in partnership with electric utilities, the cybersecurity of third-party vendors that manufacture components of the electric grid;

(F)to increase opportunities for sharing best practices and data collection within the electric sector; and

(G)to assist, in the case of electric utilities that own defense critical electric infrastructure (as defined in section 824o–1(a) of title 16), with full engineering reviews of critical functions and operations at both the utility and defense infrastructure levels—

(i)to identify unprotected avenues for cyber-enabled sabotage that would have catastrophic effects to national security; and

(ii)to recommend and implement engineering protections to ensure continued operations of identified critical functions even in the face of constant cyber attacks and achieved perimeter access by sophisticated adversaries.

(2)Scope

In carrying out the program under paragraph (1), the Secretary shall—

(A)take into consideration—

(i)the different sizes of electric utilities; and

(ii)the regions that electric utilities serve;

(B)prioritize electric utilities with fewer available resources due to size or region; and

(C)to the maximum extent practicable, use and leverage—

(i)existing Department and Department of Homeland Security programs; and

(ii)existing programs of the Federal agencies determined to be appropriate under paragraph (1).

(c)Report on cybersecurity of distribution systems

Not later than 1 year after November 15, 2021, the Secretary, in coordination with the Secretary of Homeland Security and in consultation with, as the Secretary determines to be appropriate, the heads of other Federal agencies, State regulatory authorities, and industry stakeholders, shall submit to Congress a report that assesses—

(1)priorities, policies, procedures, and actions for enhancing the physical security and cybersecurity of electricity distribution systems, including behind-the-meter generation, storage, and load management devices, to address threats to, and vulnerabilities of, electricity distribution systems; and

(2)the implementation of the priorities, policies, procedures, and actions assessed under paragraph (1), including—

(A)an estimate of potential costs and benefits of the implementation; and

(B)an assessment of any public-private cost-sharing opportunities.

(d)Protection of information

Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric utility or the bulk-power system—

(1)shall be exempt from disclosure under section 552(b)(3) of title 5; and

(2)shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for

Construction

, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.

§18721 Enhancing Grid Security Through Public-private Partnerships

Summary

Title 42, §18721

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Construction

Citations & Metadata