Enhancing Grid Security through Public-Private Partnerships Act

IB Union Calendar No. 67 117TH CONGRESS 1ST SESSION H. R. 2931 [Report No. 117–93] To provide for certain programs and developments in the Department of Energy concerning the cybersecurity and vulnerabilities of, and physical threats to, the electric grid, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 30, 2021 Mr. MCNERNEY (for himself and Mr. LATTA) introduced the following bill; which was referred to the Committee on Energy and Commerce JULY 19, 2021 Additional sponsors: Mr. BUCSHON, Mrs. LESKO, Mr. KELLER, Mr. MCKIN- LEY, Mr. BURGESS, Ms. KUSTER, Mr. MICHAEL F. DOYLE of Pennsyl- vania, Mr. SOTO, Ms. SPANBERGER, Mr. DAVIDSON, and Mr. TAYLOR JULY 19, 2021 Reported from the Committee on Energy and Commerce; committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 03:59 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2931.RH H2931 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2931 RH A BILL To provide for certain programs and developments in the Department of Energy concerning the cybersecurity and vulnerabilities of, and physical threats to, the electric grid, and for other purposes. VerDate Sep 11 2014 03:59 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2931.RH H2931 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2931 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Enhancing Grid Secu- 4 rity through Public-Private Partnerships Act’’. 5 SEC. 2. PROGRAM TO PROMOTE AND ADVANCE PHYSICAL 6 SECURITY AND CYBERSECURITY OF ELEC- 7 TRIC UTILITIES. 8 (a) ESTABLISHMENT.—The Secretary of Energy, in 9 coordination with relevant Federal agencies and in con- 10 sultation with State regulatory authorities, industry stake- 11 holders, and the Electric Reliability Organization, as the 12 Secretary determines appropriate, shall carry out a pro- 13 gram to— 14 (1) develop, and provide for voluntary imple- 15 mentation of, maturity models, self-assessments, and 16 auditing methods for assessing the physical security 17 and cybersecurity of electric utilities; 18 (2) provide training to electric utilities to ad- 19 dress and mitigate cybersecurity supply chain man- 20 agement risks; 21 (3) increase opportunities for sharing best prac- 22 tices and data collection within the electric sector; 23 (4) assist with cybersecurity training for electric 24 utilities; 25 VerDate Sep 11 2014 03:59 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2931.RH H2931 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2931 RH (5) advance the cybersecurity of third-party 1 vendors that work in partnerships with electric utili- 2 ties; and 3 (6) provide technical assistance for electric utili- 4 ties subject to the program. 5 (b) SCOPE.—In carrying out the program under sub- 6 section (a), the Secretary of Energy shall— 7 (1) take into consideration different sizes of 8 electric utilities and the regions that such electric 9 utilities serve; 10 (2) prioritize electric utilities with fewer avail- 11 able resources due to size or region; and 12 (3) to the extent practicable, utilize and lever- 13 age existing Department of Energy programs. 14 (c) PROTECTION OF INFORMATION.—Information 15 provided to, or collected by, the Federal Government pur- 16 suant to this section— 17 (1) shall be exempt from disclosure under sec- 18 tion 552(b)(3) of title 5, United States Code; and 19 (2) shall not be made available by any Federal, 20 State, political subdivision or tribal authority pursu- 21 ant to any Federal, State, political subdivision, or 22 tribal law requiring public disclosure of information 23 or records. 24 VerDate Sep 11 2014 03:59 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2931.RH H2931 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2931 RH SEC. 3. REPORT ON CYBERSECURITY AND DISTRIBUTION 1 SYSTEMS. 2 (a) IN GENERAL.—The Secretary of Energy, in co- 3 ordination with relevant Federal agencies and in consulta- 4 tion with State regulatory authorities, industry stake- 5 holders, and the Electric Reliability Organization, as the 6 Secretary determines appropriate, shall submit to Con- 7 gress a report that assesses— 8 (1) priorities, policies, procedures, and actions 9 for enhancing the physical security and cybersecurity 10 of electricity distribution systems to address threats 11 to, and vulnerabilities of, such electricity distribution 12 systems; and 13 (2) implementation of such priorities, policies, 14 procedures, and actions, including an estimate of po- 15 tential costs and benefits of such implementation, in- 16 cluding any public-private cost-sharing opportunities. 17 (b) PROTECTION OF INFORMATION.—Information 18 provided to, or collected by, the Federal Government pur- 19 suant to this section— 20 (1) shall be exempt from disclosure under sec- 21 tion 552(b)(3) of title 5, United States Code; and 22 (2) shall not be made available by any Federal, 23 State, political subdivision or tribal authority pursu- 24 ant to any Federal, State, political subdivision, or 25 VerDate Sep 11 2014 03:59 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2931.RH H2931 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2931 RH tribal law requiring public disclosure of information 1 or records. 2 SEC. 4. ELECTRICITY INTERRUPTION INFORMATION. 3 (a) INTERRUPTION COST ESTIMATE CALCULATOR.— 4 The Secretary of Energy, in coordination with relevant 5 Federal agencies and in consultation with State regulatory 6 authorities, industry stakeholders, and the Electric Reli- 7 ability Organization, as the Secretary determines appro- 8 priate, shall update the Interruption Cost Estimate Calcu- 9 lator, as often as appropriate and feasible, but not less 10 than once every 2 years. 11 (b) INDICES.—The Secretary of Energy, in coordina- 12 tion with relevant Federal agencies and in consultation 13 with State regulatory authorities, industry stakeholders, 14 and the Electric Reliability Organization, as the Secretary 15 determines appropriate, shall, as often as appropriate and 16 feasible, update the following: 17 (1) The System Average Interruption Duration 18 Index. 19 (2) The System Average Interruption Fre- 20 quency Index. 21 (3) The Customer Average Interruption Dura- 22 tion Index. 23 (c) SURVEY.—The Administrator of the Energy In- 24 formation Administration shall collect information on elec- 25 VerDate Sep 11 2014 03:59 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2931.RH H2931 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2931 RH tricity interruption costs, if available, from a representa- 1 tive sample of owners of electric grid assets through a bi- 2 ennial survey. 3 SEC. 5. DEFINITIONS. 4 In the Act, the following definitions apply: 5 (1) ELECTRIC RELIABILITY ORGANIZATION.— 6 The term ‘‘Electric Reliability Organization’’ has the 7 meaning given such term in section 215(a)(2) of the 8 Federal Power Act (16 U.S.C. 824o(a)(2)). 9 (2) ELECTRIC UTILITY.—The term ‘‘electric 10 utility’’ has the meaning given such term in section 11 3 of the Federal Power Act (16 U.S.C. 796). 12 (3) STATE REGULATORY AUTHORITY.—The 13 term ‘‘State regulatory authority’’ has the meaning 14 given such term in section 3 of the Federal Power 15 Act (16 U.S.C. 796). 16 VerDate Sep 11 2014 03:59 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2931.RH H2931 kjohnson on DSK79L0C42PROD with BILLS Union Calendar No. 67 117TH CONGRESS 1ST SESSION H. R. 2931 [Report No. 117–93] A BILL To provide for certain programs and developments in the Department of Energy concerning the cy- bersecurity and vulnerabilities of, and physical threats to, the electric grid, and for other pur- poses. JULY 20, 2021 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 03:59 Jul 20, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H2931.RH H2931 kjohnson on DSK79L0C42PROD with BILLS