Pipeline Cybersecurity—Updated Directives

Pipeline Cybersecurity—Updated Directives

INSIGHTi

Pipeline Cybersecurity—Updated Directives
September 7, 2022
The May 2021 ransomware attack against the Colonial Pipeline caused widespread repercussions,
including regional gasoline shortages and significant lines at the pump. This was not the first domestic
cyberattack to disrupt physical infrastructure, but it was one of the most consequential. Before the attack,
the federal government did not regulate the cybersecurity of natural gas and hazardous liquids pipelines.
Following the incident, the Transportation Security Agency (TSA)—as the sector risk management
agency for pipelines—issued two Security Directives imposing mandatory requirements on pipeline
companies’ cybersecurity practices. A year later, the TSA revised and updated the directives. This Insight
reviews these actions and discusses issues for Congress.
TSA’s Regulatory Authority
Pipelines are part of the surface transportation critical infrastructure sector. TSA, within the Department
of Homeland Security (DHS), administers the federal program for pipeline security. The Aviation and
Transportation Security Act of 2001 (P.L. 107-71), which established TSA, authorizes the agency “to
issue, rescind, and revise such regulations as are necessary” to carry out its functions (§101). The
Implementing Recommendations of the 9/11 Commission Act of 2007 (P.L. 110-53) directs TSA to
promulgate pipeline security regulations and carry out necessary inspection and enforcement if the agency
determines that regulations are appropriate (§1557(d)). Prior to the Colonial Pipeline attack, TSA relied
upon industry’s voluntary compliance with the agency’s guidelines for pipeline physical security and
cybersecurity. The agency’s reliance on voluntary, rather than mandatory, compliance with recommended
security standards had long been questioned by industry stakeholders.
TSA’s 2021 Cybersecurity Directives
On May 27, 2021, TSA announced its first Security Directive applicable to owners and operators of
critical pipeline facilities (as identified by TSA). The directive required that companies designate and use
a Cybersecurity Coordinator and report any cybersecurity incidents to the Cybersecurity and
Infrastructure Security Agency (CISA). The directive also required pipeline companies to conduct a
cybersecurity vulnerability assessment (to determine whether their practices and systems aligned with
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TSA’s guidelines), identify gaps, identify gap remediation measures, and establish an implementation
timeline to address those gaps.
On July 20, 2021, TSA announced its second Security Directive, requiring critical pipeline companies “to
implement specific mitigation measures to protect against ransomware attacks and other known threats to
information technology and operational technology systems, develop and implement a cybersecurity
contingency and recovery plan, and conduct a cybersecurity architecture design review.” TSA’s
announcement did not provide specific details on those security measures because they were considered
Sensitive Security Information (SSI). The TSA Administrator testified that pipeline operators could seek
approval for alternatives to any specific measures, providing flexibility to achieve intended security
outcomes. The Security Directives were to be effective for one year from the date of issuance, with the
possibility of extension. (For more background, see CRS Report R46903, Pipeline Cybersecurity:
Federal Programs.)
Although pipeline operators worked to comply with the directives, from the outset, major pipeline trade
associations expressed concern that operators had not been adequately consulted and that the measures
were too prescriptive, failing to account for the uniqueness of each company’s systems, which could
potentially create operational problems. Some in Congress echoed these concerns. TSA subsequently
reported that, after issuing its second directive, the agency “received an unprecedented number—more
than 380—of alternative measure requests,” but had received no notifications of operational disruption
due to a directive requirement.
2022 Cybersecurity Directives
On May 29, 2022, TSA revised its first Security Directive, extending the incident reporting deadline to 24
hours and narrowing the definition of cybersecurity incident, while leaving the other requirements little
changed.
On July 21, 2022, TSA announced the revision and reissuance of its second security directive, with more
significant changes, taking “an innovative, performance-based approach ... allowing industry to leverage
new technologies and be more adaptive to changing environments.” The revised directive requires that
pipeline operators take certain actions to achieve a defined set of cybersecurity outcomes. The actions
include:
 submitting a Cybersecurity Implementation Plan,
 implementing operational technology (OT) and information technology (IT) network
segmentation policies and controls,
 implementing controls to prevent unauthorized access to critical systems,
 implementing continuous cybersecurity monitoring and detection programs,
 patching and updating systems promptly,
 developing and maintaining a Cybersecurity Incident Response Plan, and
 developing a program for proactively assessing and auditing cybersecurity measures.
The revised directive is no longer considered SSI, although cybersecurity information submitted to TSA
by operators remains confidential. As with the 2021 directives, the revised directives are effective for one
year, with the possibility of extension.

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Issues for Congress
Issues may arise regarding harmonization between TSA’s requirements for cyber incident and
ransomware reporting and future reporting regulations to be promulgated by CISA as required by the
Cyber Incident Reporting for Critical Infrastructure Act of 2022, enacted as part of the Consolidated
Appropriations Act, 2022 (P.L. 117-103). Some in industry also have been critical of TSA issuing Security
Directives under emergency authority rather than promulgating cybersecurity regulations through a
traditional rulemaking process with more opportunity for industry input. Some industry analysts have
questioned whether TSA has sufficient staff with enough cybersecurity and regulatory expertise to
effectively administer its pipeline cybersecurity program. The quality, quantity, and timeliness of
cybersecurity risk information originating with the government and being shared with the private sector
also continues to be an area of focus. Congress also may choose to consider how TSA’s ongoing pipeline
cybersecurity oversight will fit together with the nation’s overall strategy to protect critical infrastructure
from cybersecurity threats.

Author Information

Chris Jaikaran
Paul W. Parfomak
Specialist in Cybersecurity Policy
Specialist in Energy Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United
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