Citation[]
Fixing America's Surface Transportation (FAST) Act, Pub. L. No. 114-94, §§ 61002-04, 129 Stat. 1312, 1772-82 (2015) (codified at 16 U.S.C. §§ 824, 824a, and 824o-1.
Overview[]
The Act, which authorizes over $300 billion in spending for highway and transportation improvements, also applies to a range of regulated sectors, including cybersecurity protections for the electric grid. Specific cybersecurity provisions include:
- DOE is designated as the lead sector-specific agency for cybersecurity for the energy sector, and requires the Secretary of Energy to coordinate with DHS and other federal agencies, critical infrastructure entities, and state and local governments.
- Creation of a new information classification of Critical Electric Infrastructure Information (CEII) and requirement for DOE to issue regulations that establish procedures regarding the designation of CEII, prohibit its disclosure, and facilitate voluntary sharing of critical electric infrastructure information among and by federal, state, and local government, as well as the Electric Reliability Organization, regional entities, ISACs, and also owners and operators of critical electric infrastructure.
- The law also defines an "Electric Security Emergency," which is the presidential declaration that would allow the Secretary of Energy to issue orders to protect or restore reliability of critical electric infrastructure or defense critical infrastructure for the duration of the declared emergency.
- Establishes a renewed information-sharing regime for threats to the grid by requiring DOE, FERC, and other agencies to share timely actionable information regarding grid security with appropriate key personnel of owners, operators, and users of critical infrastructure.
- Establishes liability protections for critical infrastructure entities regarding the sharing or receipt of critical infrastructure information and for any acts relating to its compliance with orders by the Secretary of Energy during an Electric Security Emergency.