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handle is hein.crs/govedkx0001 and id is 1 raw text is: Congressional
~.Research Service
Critical Infrastructure Policy: Information
Sharing and Disclosure Requirements After
the Colonial Pipeline Attack
May 24, 2021
The ransomware attack against the Colonial Pipeline Company spurred panic buying and fuel shortages
along the Eastern Seaboard. Although the attack did not target pipeline control systems, it forced the
temporary suspension of fuel shipments via a major pipeline network, according to a company statement.
The Biden Administration announced Executive Order (E.O.) 14028 (the EO), Improving the Nation's
Cybersecurity on May 12, 2021, framing it as a response to the pipeline incident and other recent
cyberattacks. While the EO creates requirements that apply to federal agencies and government
contractors, the Administration hopes that these actions will have a secondary effect of improving
cybersecurity among critical infrastructure companies.
An official, briefing reporters about E.O. 14028, said, Anybody doing business with the U.S.
government will have to share incidents so that we can use that information to protect Americans more
broadly. Asked whether the Administration would support congressional efforts to expand information
sharing and incident reporting requirements to a broader set of private companies, perhaps starting with
critical infrastructure, such as Colonial, the official responded, Absolutely.
Using actions aimed at federal agencies to drive critical infrastructure security and resilience (CISR)
departs from the policy framework first instituted in the late 1990s and subsequently expanded. The 1998
Clinton Administration executive action, Presidential Decision Directive-63, Critical Infrastructure
Protection, established a framework for public-private partnerships across several designated critical
infrastructure sectors. The directive stated that these partnerships should be genuine, mutual and
cooperative, and that market incentives would be the first choice for addressing the problem of critical
infrastructure protection, with regulation used as a last resort in the case of a material market failure
affecting the health or safety of Americans.
Successive administrations have built upon this partnership and incentive based approach to private sector
information sharing and disclosure activities, even as CISR activities have grown and matured. The 2013
National Infrastructure Protection Plan (NIPP), which provides high-level CISR policy implementation
guidance to federal departments and agencies, envisions the growth of public-private partnerships in a
Congressional Research Service
https://crsreports.congress.gov
IN11683
CRS INSIGHT
Prepared for Members and
Committees of Congress

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