Enhancing Grid Security through Public-Private Partnerships Act

II Calendar No. 559 116TH CONGRESS 2D SESSION H. R. 359 IN THE SENATE OF THE UNITED STATES SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2020 Received; read twice and placed on the calendar AN ACT 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. 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 VerDate Sep 11 2014 03:43 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H359.PCS H359 pbinns on DSKJLVW7X2PROD with BILLS 2 HR 359 PCS sultation with State regulatory authorities, industry stake- 1 holders, and the Electric Reliability Organization, as the 2 Secretary determines appropriate, shall carry out a pro- 3 gram to— 4 (1) develop, and provide for voluntary imple- 5 mentation of, maturity models, self-assessments, and 6 auditing methods for assessing the physical security 7 and cybersecurity of electric utilities; 8 (2) provide training to electric utilities to ad- 9 dress and mitigate cybersecurity supply chain man- 10 agement risks; 11 (3) increase opportunities for sharing best prac- 12 tices and data collection within the electric sector; 13 (4) assist with cybersecurity training for electric 14 utilities; 15 (5) advance the cybersecurity of third-party 16 vendors that work in partnerships with electric utili- 17 ties; and 18 (6) provide technical assistance for electric utili- 19 ties subject to the program. 20 (b) SCOPE.—In carrying out the program under sub- 21 section (a), the Secretary of Energy shall— 22 (1) take into consideration different sizes of 23 electric utilities and the regions that such electric 24 utilities serve; 25 VerDate Sep 11 2014 03:43 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H359.PCS H359 pbinns on DSKJLVW7X2PROD with BILLS 3 HR 359 PCS (2) prioritize electric utilities with fewer avail- 1 able resources due to size or region; and 2 (3) to the extent practicable, utilize and lever- 3 age existing Department of Energy programs. 4 (c) PROTECTION OF INFORMATION.—Information 5 provided to, or collected by, the Federal Government pur- 6 suant to this section— 7 (1) shall be exempt from disclosure under sec- 8 tion 552(b)(3) of title 5, United States Code; and 9 (2) shall not be made available by any Federal, 10 State, political subdivision or tribal authority pursu- 11 ant to any Federal, State, political subdivision, or 12 tribal law requiring public disclosure of information 13 or records. 14 SEC. 3. REPORT ON CYBERSECURITY AND DISTRIBUTION 15 SYSTEMS. 16 (a) IN GENERAL.—The Secretary of Energy, in co- 17 ordination with relevant Federal agencies and in consulta- 18 tion with State regulatory authorities, industry stake- 19 holders, and the Electric Reliability Organization, as the 20 Secretary determines appropriate, shall submit to Con- 21 gress a report that assesses— 22 (1) priorities, policies, procedures, and actions 23 for enhancing the physical security and cybersecurity 24 of electricity distribution systems to address threats 25 VerDate Sep 11 2014 03:43 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H359.PCS H359 pbinns on DSKJLVW7X2PROD with BILLS 4 HR 359 PCS to, and vulnerabilities of, such electricity distribution 1 systems; and 2 (2) implementation of such priorities, policies, 3 procedures, and actions, including an estimate of po- 4 tential costs and benefits of such implementation, in- 5 cluding any public-private cost-sharing opportunities. 6 (b) PROTECTION OF INFORMATION.—Information 7 provided to, or collected by, the Federal Government pur- 8 suant to this section— 9 (1) shall be exempt from disclosure under sec- 10 tion 552(b)(3) of title 5, United States Code; and 11 (2) shall not be made available by any Federal, 12 State, political subdivision or tribal authority pursu- 13 ant to any Federal, State, political subdivision, or 14 tribal law requiring public disclosure of information 15 or records. 16 SEC. 4. ELECTRICITY INTERRUPTION INFORMATION. 17 (a) INTERRUPTION COST ESTIMATE CALCULATOR.— 18 The Secretary of Energy, in coordination with relevant 19 Federal agencies and in consultation with State regulatory 20 authorities, industry stakeholders, and the Electric Reli- 21 ability Organization, as the Secretary determines appro- 22 priate, shall update the Interruption Cost Estimate Calcu- 23 lator, as often as appropriate and feasible, but not less 24 than once every 2 years. 25 VerDate Sep 11 2014 03:43 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H359.PCS H359 pbinns on DSKJLVW7X2PROD with BILLS 5 HR 359 PCS (b) INDICES.—The Secretary of Energy, in coordina- 1 tion with relevant Federal agencies and in consultation 2 with State regulatory authorities, industry stakeholders, 3 and the Electric Reliability Organization, as the Secretary 4 determines appropriate, shall, as often as appropriate and 5 feasible, update the following: 6 (1) The System Average Interruption Duration 7 Index. 8 (2) The System Average Interruption Fre- 9 quency Index. 10 (3) The Customer Average Interruption Dura- 11 tion Index. 12 (c) SURVEY.—The Administrator of the Energy In- 13 formation Administration shall collect information on elec- 14 tricity interruption costs, if available, from a representa- 15 tive sample of owners of electric grid assets through a bi- 16 ennial survey. 17 SEC. 5. DEFINITIONS. 18 In the Act, the following definitions apply: 19 (1) ELECTRIC RELIABILITY ORGANIZATION.— 20 The term ‘‘Electric Reliability Organization’’ has the 21 meaning given such term in section 215(a)(2) of the 22 Federal Power Act (16 U.S.C. 824o(a)(2)). 23 VerDate Sep 11 2014 03:43 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H359.PCS H359 pbinns on DSKJLVW7X2PROD with BILLS 6 HR 359 PCS (2) ELECTRIC UTILITY.—The term ‘‘electric 1 utility’’ has the meaning given such term in section 2 3 of the Federal Power Act (16 U.S.C. 796). 3 (3) STATE REGULATORY AUTHORITY.—The 4 term ‘‘State regulatory authority’’ has the meaning 5 given such term in section 3 of the Federal Power 6 Act (16 U.S.C. 796). 7 Passed the House of Representatives September 29, 2020. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 03:43 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H359.PCS H359 pbinns on DSKJLVW7X2PROD with BILLS VerDate Sep 11 2014 03:43 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H359.PCS H359 pbinns on DSKJLVW7X2PROD with BILLS Calendar No. 559 116TH CONGRESS 2D SESSION H. R. 359 AN ACT 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. SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2020 Received; read twice and placed on the calendar VerDate Sep 11 2014 03:43 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H359.PCS H359 pbinns on DSKJLVW7X2PROD with BILLS