[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Pages 55830-55833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19550]
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DEPARTMENT OF HOMELAND SECURITY
[Docket ID: CISA-2022-0010]
Cyber Incident Reporting for Critical Infrastructure Act of 2022
Listening Sessions
AGENCY: Cybersecurity and Infrastructure Security Agency, Department of
Homeland Security
ACTION: Notice of public listening sessions.
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SUMMARY: The Cybersecurity and Infrastructure Security Agency (CISA) is
announcing a series of public listening sessions to receive input as
CISA develops proposed regulations required by the Cyber Incident
Reporting for Critical Infrastructure Act of 2022 (CIRCIA). CISA is
interested in receiving public input on potential aspects of the
proposed regulations prior to their publication in a Notice of Proposed
Rulemaking (NPRM), and issued a request for information in the Federal
[[Page 55831]]
Register on September 12, 2022 (the ``RFI'') as a means to receive that
input. These public listening sessions are intended to serve as an
additional means for interested parties to provide input to CISA on the
topics identified in the RFI prior to the publication of the NPRM.
DATES: Public listening sessions are scheduled to be held on the
following dates at the following locations:
Salt Lake City, Utah--September 21, 2022; Taylorsville State Office
Building, 4315 S 2700 W, Taylorsville, UT 84129.
Atlanta, Georgia--September 28, 2022; Georgia Emergency Management
Administration Building, 935 United Avenue SE, Atlanta, GA 30316.
Chicago, Illinois--October 5, 2022; 536 S. Clark/101 W. Ida B.
Wells Federal Building, USCIS Auditorium, 536 S. Clark Street/101 W.
Ida B. Wells Drive, Chicago, IL 60605.
Dallas/Fort Worth, Texas--October 5, 2022; Fritz G. Lanham Federal
Building, 819 Taylor Street, Fort Worth, TX 76102.
New York, New York--October 12, 2022; Alexander Hamilton U.S.
Custom House Smithsonian Museum of the American Indian, 1 Bowling
Green, New York, NY 10004.
Philadelphia, Pennsylvania--October 13, 2022; Federal Reserve Bank,
10 N. Independence Mall, W Philadelphia, PA 19106.
Oakland, California--October 26, 2022; Ronald V. Dellums Federal
Building, 1301 Clay Street, Oakland, CA 94612.
Boston, Massachusetts--November 2, 2022; Tip O'Neill Federal
Building, 10 Causeway, Boston, MA 02222.
Seattle, Washington--November 9, 2022; Henry Jackson Federal
Building, 915 2nd Avenue, Seattle, WA 98104.
Kansas City, Missouri--November 16, 2022; Two Pershing Square, 2300
Main Street, Kansas City, MO 64108.
CISA also plans to host a listening session in Washington, DC;
however, a date and location for that session has not yet been
finalized. CISA will publish a supplemental notice in the Federal
Register containing the date and location of the Washington, DC
listening session once those details have been finalized.
All of the listening sessions are tentatively scheduled to occur
from 11 a.m.-3 p.m. local time. CISA reserves the right to reschedule,
move to virtual, or cancel any of these sessions for any reason,
including a health emergency, severe weather, or an incident that
impacts the ability of CISA to safely conduct these sessions in person
at the proposed date, time, and location. Any changes or updates to
dates, locations, or start and end times for these listening sessions,
to include the date and location for the Washington, DC listening
session, will be posted on www.cisa.gov/circia.
CISA is committed to ensuring all participants have equal access to
these sessions regardless of disability status. If you require
reasonable accommodation due to a disability to fully participate,
please contact CISA at [email protected] or (202) 964-6869 as soon as
possible prior to the session you wish to attend.
Registration is encouraged for these public listening sessions and
priority access will be given to individuals who register. To register,
please visit www.cisa.gov/circia and follow the instructions available
there to complete registration. Registration for each in-person
listening session will be accepted until 5 p.m. (eastern daylight time)
two days before the listening session.
FOR FURTHER INFORMATION CONTACT: Todd Klessman, Cyber Incident
Reporting for Critical Infrastructure Act of 2022 (CIRCIA) Rulemaking
Team Lead, Cybersecurity and Infrastructure Security Agency,
[email protected], 202-964-6869.
SUPPLEMENTARY INFORMATION:
I. Background
The growing number of cyber incidents, including ransomware
attacks, is one of the most serious economic and national security
threats our nation faces. From the theft of private, financial, or
other sensitive data, to cyber-attacks that damage computer networks or
facilitate the manipulation of operational or other control systems,
cyber incidents are capable of causing significant, lasting harm.
Reporting cyber incidents and ransom payments to the government has
many benefits. An organization that is a victim of a cyber incident,
including those that result in ransom payments, can receive assistance
from government agencies that are prepared to investigate the incident,
mitigate its consequences, and help prevent future incidents through
analysis and sharing of cyber threat information. CISA and our federal
law enforcement partners have highly trained investigators who
specialize in responding to cyber incidents for the express purpose of
disrupting threat actors who caused the incident, and providing
technical assistance to protect assets, mitigate vulnerabilities, and
offer on-scene response personnel to aid in incident recovery. When
supporting affected entities, the various agencies of the Federal
Government work in tandem to leverage their collective response
expertise, apply their knowledge of cyber threats, preserve key
evidence, and use their combined authorities and capabilities both to
minimize asset vulnerability and bring malicious actors to justice.
Timely reporting of incidents also allows CISA to share information
about indicators of compromise, tactics, techniques, procedures, and
best practices to reduce the risk of a cyber incident propagating
within and across sectors.
Recognizing the importance of cyber incident and ransom payment
reporting, in March 2022, Congress passed and President Biden signed
the Cyber Incident Reporting for Critical Infrastructure Act of 2022
(CIRCIA), Public Law 117-103, Div. Y (2022) (to be codified at 6 U.S.C.
681-681g). Enactment of CIRCIA marks an important milestone in
improving America's cybersecurity by, among other things, requiring
CISA to develop and implement regulations requiring covered entities to
report covered cyber incidents and ransom payments to CISA. These
reports will allow CISA, in conjunction with other federal partners, to
rapidly deploy resources and render assistance to victims suffering
attacks, analyze incoming reporting across sectors to spot trends and
understand how malicious cyber actors are perpetrating their attacks,
and quickly share that information with network defenders to warn other
potential victims.
Some of these new authorities are regulatory in nature and require
CISA to complete rulemaking activities before the reporting
requirements go into effect. CIRCIA requires that CISA develop and
publish a Notice of Proposed Rulemaking (NPRM), which will be open to
public comment, and a Final Rule. CIRCIA also mandates that CISA
consult with various entities, including Sector Risk Management
Agencies, the Department of Justice, and the DHS-chaired Cyber Incident
Reporting Council, throughout the rulemaking process. CISA is working
to complete these activities within the statutorily mandated
timeframes. In addition to the consultations required by CIRCIA, CISA
is interested in receiving input from the public on the best approaches
to implementing various aspects of this new regulatory authority. To
help support the gathering of this input, on September 12, 2022, CISA
published a Request for Information in the Federal Register.
[[Page 55832]]
II. Purpose
These public listening sessions are intended to serve as an
additional means for interested parties to provide input to CISA on
aspects of the proposed regulations prior to the publication of the
NPRM. While CISA welcomes input on other aspects of CIRCIA's regulatory
requirements, CISA is particularly interested in input on definitions
for and interpretations of the terminology to be used in the proposed
regulations; the form, manner, content, and procedures for submission
of reports required under CIRCIA; information regarding other incident
reporting requirements, including the requirement to report a
description of the vulnerabilities exploited; and other policies and
procedures, such as enforcement procedures and information protection
policies, that will be required for implementation of the regulations.
Key areas within these four topical areas on which CISA is particularly
interested in receiving stakeholder input are enumerated in section IV
below.
III. Public Listening Session Procedures and Participation
As the sole intent of the public listening sessions is to allow the
general public to provide input to CISA on aspects of potential
approaches to implementing CIRCIA's regulatory requirements, the
sessions have been designed to facilitate one-way communication.
Outside of introductory and logistical remarks, CISA will not be
providing substantive information on CIRCIA or potential content of the
NPRM, or responding to comments during the public listening sessions.
Each listening session is open to the public and each is expected to
last up to a total of four hours. To allow as many members of the
public as possible to speak, we are requesting speakers limit their
remarks to three minutes. Attendance at these listening sessions will
be capped consistent with room capacity limitations at each location.
Participants are encouraged to register for their desired session via
an on-line registration form available at www.cisa.gov/circia.
Registered individuals will be provided priority access to the room and
the opportunity to speak before individuals who did not register.
Please note that a public meeting may adjourn early if all commenters
present have had the opportunity to speak prior to the scheduled
conclusion of the meeting. All comments made during the sessions will
be documented and transcribed by CISA. A final transcript of each of
these sessions will be provided in the electronic docket for the CIRCIA
rulemaking, docket CISA-2022-0010, available at http://www.regulations.gov.
CISA also plans on holding sector-specific listening sessions at
dates and times to-be-determined. Information about those listening
sessions will be available on www.cisa.gov/circia when it becomes
available. Feedback from those listening sessions will be added to the
rulemaking docket for public consideration. Additionally, written
comments on proposed elements of the CIRCIA regulations may also be
submitted in response to CISA's RFI via the Federal eRulemaking Portal
identified by docket number CISA-2022-0010 through the duration of the
RFI's comment period.
IV. Key Inputs Solicited by the Agency
The below non-exhaustive list of topics, which mirrors those
contained in the RFI, is meant to assist members of the public in the
formulation of comments and is not intended to restrict the issues that
commenters may address:
(1) Definitions, Criteria, and Scope of Regulatory Coverage
a. The meaning of ``covered entity,'' consistent with the
definition provided in section 2240(5) of the Homeland Security Act of
2002 (as amended), taking into consideration the factors listed in
section 2242(c)(1).
b. The number of entities, either overall or in a specific industry
or sector, likely to be ``covered entities'' under the definition
provided in section 2240(5) of the Homeland Security Act of 2002 (as
amended), taking into consideration the factors listed in section
2242(c)(1).
c. The meaning of ``covered cyber incident,'' consistent with the
definition provided in section 2240(4), taking into account the
requirements, considerations, and exclusions in section 2242(c)(2)(A),
(B), and (C), respectively. Additionally, the extent to which the
definition of ``covered cyber incident'' under CIRCIA is similar to or
different from the definition used to describe cyber incidents that
must be reported under other existing federal regulatory programs.
d. The number of covered cyber incidents likely to occur on an
annual basis either in total or within a specific industry or sector.
e. The meaning of ``substantial cyber incident.''
f. The meaning of ``ransom payment'' and ``ransomware attack,''
consistent with the definitions provided in section 2240(13) and (14).
g. The number of ransom payments likely to be made by covered
entities on an annual basis.
h. The meaning of ``supply chain compromise,'' consistent with the
definition in section 2240(17).
i. The criteria for determining if an entity is a multi-stakeholder
organization that develops, implements, and enforces policies
concerning the Domain Name System (as described in section
2242(a)(5)(C)).
j. Any other terms for which a definition, or clarification of the
definition for the term contained in CIRCIA, would improve the
regulations and proposed definitions for those terms, consistent with
any definitions provided for those terms in CIRCIA.
(2) Report Contents and Submission Procedures
a. How covered entities should submit reports on covered cyber
incidents, the specific information that should be required to be
included in the reports (taking into consideration the requirements in
section 2242(c)(4)), any specific format or manner in which information
should be submitted (taking into consideration the requirements in
section 2242(c)(8)(A)), any specific information that should be
included in reports to facilitate appropriate sharing of reports among
federal partners, and any other aspects of the process, manner, form,
content, or other items related to covered cyber incident reporting
that would be beneficial for CISA to clarify in the regulations.
b. What constitutes ``reasonable belief'' that a covered cyber
incident has occurred, which would initiate the time for the 72-hour
deadline for reporting covered cyber incidents under section
2242(a)(1).
c. How covered entities should submit reports on ransom payments,
the specific information that should be required to be included in the
reports (taking into consideration the requirements in section
2242(c)(5)), any specific format or manner in which information should
be submitted (taking into consideration the requirements in section
2242(c)(8)(A)), and any other aspects of the process, manner, form,
content, or other items related to ransom payments that would be
beneficial for CISA to clarify in the regulations.
d. When should the time for the 24-hour deadline for reporting
ransom payments begin (i.e., when a ransom payment is considered to
have been ``made'').
e. How covered entities should submit supplemental reports, what
specific information should be included in supplemental reports, any
specific
[[Page 55833]]
format or manner in which supplemental report information should be
submitted, the criteria by which a covered entity determines ``that the
covered cyber incident at issue has concluded and has been fully
mitigated and resolved,'' and any other aspects of the process, manner,
form, content, or other items related to supplemental reports that
would be beneficial for CISA to clarify in the regulations.
f. The timing for submission of supplemental reports and what
constitutes ``substantial new or different information,'' taking into
account the considerations in section 2242(c)(7)(B) and (C).
g. What CISA should consider when ``balanc[ing] the need for
situational awareness with the ability of the covered entity to conduct
cyber incident response and investigations'' when establishing
deadlines and criteria for supplemental reports.
h. Guidelines or procedures regarding the use of third-party
submitters, consistent with section 2242(d).
i. Covered entity information preservation requirements, such as
the types of data to be preserved, how covered entities should be
required to preserve information, how long information must be
preserved, allowable uses of information preserved by covered entities,
and any specific processes or procedures governing covered entity
information preservation.
j. To clarify or supplement the examples provided in section
2242(d)(1), what constitutes a third-party entity who may submit a
covered cyber incident report or ransom payment report on behalf of a
covered entity.
k. How a third party can meet its responsibility to advise an
impacted covered entity of its ransom payment reporting
responsibilities under section 2242(d)(4).
(3) Other Incident Reporting Requirements and Security Vulnerability
Information Sharing
a. Other existing or proposed federal or state regulations,
directives, or similar policies that require reporting of cyber
incidents or ransom payments, and any areas of actual, likely, or
potential overlap, duplication, or conflict between those regulations,
directives, or policies and CIRCIA's reporting requirements.
b. What federal departments, agencies, commissions, or other
federal entities receive reports of cyber incidents or ransom payments
from critical infrastructure owners and operators.
c. The amount it typically costs and time it takes, including
personnel salary costs (with associated personnel titles if possible),
to compile and report information about a cyber incident under existing
reporting requirements or voluntary sharing, and the impact that the
size or type of cyber incident may have on the estimated cost of
reporting.
d. The amount it costs per incident to use a third-party entity to
submit a covered cyber incident report or ransom payment report on
behalf of a covered entity.
e. The amount it typically costs to retain data related to cyber
incidents.
f. Criteria or guidance CISA should use to determine if a report
provided to another federal entity constitutes ``substantially similar
reported information.''
g. What constitutes a ``substantially similar timeframe'' for
submission of a report to another federal entity.
h. Principles governing the timing and manner in which information
relating to security vulnerabilities may be shared, including any
common industry best practices and United States or international
standards.
(4) Additional Policies, Procedures, and Requirements
a. Policies, procedures, and requirements related to the
enforcement of regulatory requirements, to include the issuance of
requests for information, subpoenas, and civil actions consistent with
section 2244.
b. Information on protections for reporting entities under section
2245.
c. Any other policies, procedures, or requirements that it would
benefit the regulated community for CISA to address in the proposed
rule.
CISA notes that these public meetings are being held solely for
information and program-planning purposes. Inputs provided during the
public meetings do not bind CISA to any further actions.
Jennie M. Easterly,
Director, Cybersecurity and Infrastructure Security Agency.
[FR Doc. 2022-19550 Filed 9-9-22; 8:45 am]
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