42 U.S.C. § 18725 — Cybersecurity plan
submitted 5 years ago by Pub. L. 117-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 402 words · no verdicts yet
The Department of Energy may require recipients of certain funding to submit a cybersecurity plan before receiving money. The plan must show how the recipient will protect its systems, keep watching for risks, and report breaches. Information in these plans that could endanger utility security is kept out of public disclosure.
(a) In general
The Secretary* may require -- whenever the Secretary decides it is appropriate -- that a recipient of any award or other funding under this division: (1) submit a cybersecurity plan before getting the money, showing how mature the recipient's cybersecurity is for that specific project*, and (2) set up a plan for maintaining and improving cybersecurity for as long as the funded project runs.
(b) Contents of cybersecurity plan
At minimum, the plan must describe how the recipient will: (1) keep cybersecurity between the networks, systems, devices, applications, and components inside the project, and at the outside connection points where the project meets the outside world; (2) keep evaluating cybersecurity risks throughout the project's life, so new problems get caught as they come up; (3) report any known or suspected break-in of the project's network or systems to the Secretary; and (4) use the Department's cybersecurity programs, including cyber vulnerability testing and security engineering evaluations.
(c) Additional guidance
Recipients should: (1) rely as much as possible on open guidance and standards -- especially the Department's Cybersecurity Capability Maturity Model (or whatever replaces it) and the National Institute of Standards and Technology's Framework for Improving Critical Infrastructure Cybersecurity; and (2) document any place they depart from open standards, and explain their use of proprietary standards where they decide that departure is necessary.
(d) Coordination
The Department's Office of Cybersecurity, Energy Security, and Emergency Response must review every cybersecurity plan submitted under subsection (a), to make sure it fits with the Department's research, development, and demonstration programs.
(e) Protection of information
If releasing information collected under this section could reasonably hurt the physical security or cybersecurity of an electric utility or the bulk-power system, that information: (1) is exempt from release under the Freedom of Information Act (section 552(b)(3) of title 5), and (2) cannot be released by any federal agency, state*, political subdivision of a state, or Tribal authority under a public-records law.
The Secretary* may require, as the Secretary determines appropriate, a recipient of any award or other funding under this division—
to submit to the Secretary, prior to the issuance of the award or other funding, a cybersecurity plan that demonstrates the cybersecurity maturity of the recipient in the context of the project* for which that award or other funding was provided; and
establish a plan for maintaining and improving cybersecurity throughout the life of the proposed solution of the project.
A cybersecurity plan described in subsection (a) shall, at a minimum, describe how the recipient described in that subsection—
plans to maintain cybersecurity between networks, systems, devices, applications, or components—
within the proposed solution of the project; and
at the necessary external interfaces at the proposed solution boundaries;
will perform ongoing evaluation of cybersecurity risks to address issues as the issues arise throughout the life of the proposed solution;
will report known or suspected network or system compromises of the project to the Secretary; and
will leverage applicable cybersecurity programs of the Department, including cyber vulnerability testing and security engineering evaluations.
Each recipient described in subsection (a) should—
maximize the use of open guidance and standards, including, wherever possible—
the Cybersecurity Capability Maturity Model of the Department (or a successor model); and
the Framework for Improving Critical Infrastructure Cybersecurity of the National Institute of Standards and Technology; and
document—
any deviation from open standards; and
the utilization of proprietary standards where the recipient determines that such deviation necessary.
The Office of Cybersecurity, Energy Security, and Emergency Response of the Department shall review each cybersecurity plan submitted under subsection (a) to ensure integration with Department research, development, and demonstration programs.
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—
shall be exempt from disclosure under section 552(b)(3) of title 5; and
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.
Source credit: (Pub. L. 117–58, div. D, title I, § 40126, Nov. 15, 2021, 135 Stat. 956.)
- 2021Enacted · Pub. L. 117-58 · 135 Stat. 956
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-58 on 2021-11-15.
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