Securing Energy Infrastructure Act

I 116TH CONGRESS 1ST SESSION H. R. 680 To provide for the establishment of a pilot program to identify security vulnerabilities of certain entities in the energy sector. IN THE HOUSE OF REPRESENTATIVES JANUARY 17, 2019 Mr. RUPPERSBERGER (for himself and Mr. CARTER of Texas) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To provide for the establishment of a pilot program to iden- tify security vulnerabilities of certain entities in the en- ergy sector. 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 ‘‘Securing Energy Infra- 4 structure Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 01:57 Jan 31, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H680.IH H680 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 680 IH (1) APPROPRIATE COMMITTEE OF CONGRESS.— 1 The term ‘‘appropriate committee of Congress’’ 2 means— 3 (A) the Select Committee on Intelligence, 4 the Committee on Homeland Security and Gov- 5 ernmental Affairs, and the Committee on En- 6 ergy and Natural Resources of the Senate; and 7 (B) the Permanent Select Committee on 8 Intelligence, the Committee on Homeland Secu- 9 rity, and the Committee on Energy and Com- 10 merce of the House of Representatives. 11 (2) COVERED ENTITY.—The term ‘‘covered en- 12 tity’’ means an entity identified pursuant to section 13 9(a) of Executive Order 13636 of February 12, 14 2013 (78 Fed. Reg. 11742), relating to identifica- 15 tion of critical infrastructure where a cybersecurity 16 incident could reasonably result in catastrophic re- 17 gional or national effects on public health or safety, 18 economic security, or national security. 19 (3) EXPLOIT.—The term ‘‘exploit’’ means a 20 software tool designed to take advantage of a secu- 21 rity vulnerability. 22 (4) INDUSTRIAL CONTROL SYSTEM.— 23 (A) IN GENERAL.—The term ‘‘industrial 24 control system’’ means an operational tech- 25 VerDate Sep 11 2014 01:57 Jan 31, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H680.IH H680 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 680 IH nology used to measure, control, or manage in- 1 dustrial functions. 2 (B) INCLUSIONS.—The term ‘‘industrial 3 control system’’ includes supervisory control 4 and data acquisition systems, distributed con- 5 trol systems, and programmable logic or embed- 6 ded controllers. 7 (5) NATIONAL LABORATORY.—The term ‘‘Na- 8 tional Laboratory’’ has the meaning given the term 9 in section 2 of the Energy Policy Act of 2005 (42 10 U.S.C. 15801). 11 (6) PROGRAM.—The term ‘‘Program’’ means 12 the pilot program established under section 3. 13 (7) SECRETARY.—The term ‘‘Secretary’’ means 14 the Secretary of Energy. 15 (8) SECURITY VULNERABILITY.—The term ‘‘se- 16 curity vulnerability’’ means any attribute of hard- 17 ware, software, process, or procedure that could en- 18 able or facilitate the defeat of a security control. 19 SEC. 3. PILOT PROGRAM FOR SECURING ENERGY INFRA- 20 STRUCTURE. 21 Not later than 180 days after the date of enactment 22 of this Act, the Secretary shall establish a 2-year control 23 systems implementation pilot program within the National 24 Laboratories for the purposes of— 25 VerDate Sep 11 2014 01:57 Jan 31, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H680.IH H680 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 680 IH (1) partnering with covered entities in the en- 1 ergy sector (including critical component manufac- 2 turers in the supply chain) that voluntarily partici- 3 pate in the Program to identify new classes of secu- 4 rity vulnerabilities of the covered entities; and 5 (2) evaluating technology and standards, in 6 partnership with covered entities, to isolate and de- 7 fend industrial control systems of covered entities 8 from security vulnerabilities and exploits in the most 9 critical systems of the covered entities, including— 10 (A) analog and nondigital control systems; 11 (B) purpose-built control systems; and 12 (C) physical controls. 13 SEC. 4. WORKING GROUP TO EVALUATE PROGRAM STAND- 14 ARDS AND DEVELOP STRATEGY. 15 (a) ESTABLISHMENT.—The Secretary shall establish 16 a working group— 17 (1) to evaluate the technology and standards 18 used in the Program under section 3(2); and 19 (2) to develop a national cyber-informed engi- 20 neering strategy to isolate and defend covered enti- 21 ties from security vulnerabilities and exploits in the 22 most critical systems of the covered entities. 23 (b) MEMBERSHIP.—The working group established 24 under subsection (a) shall be composed of not fewer than 25 VerDate Sep 11 2014 01:57 Jan 31, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H680.IH H680 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 680 IH 10 members, to be appointed by the Secretary, at least 1 1 member of which shall represent each of the following: 2 (1) The Department of Energy. 3 (2) The energy industry, including electric utili- 4 ties and manufacturers recommended by the Energy 5 Sector coordinating councils. 6 (3)(A) The Department of Homeland Security; 7 or 8 (B) the Industrial Control Systems Cyber 9 Emergency Response Team. 10 (4) The North American Electric Reliability 11 Corporation. 12 (5) The Nuclear Regulatory Commission. 13 (6)(A) The Office of the Director of National 14 Intelligence; or 15 (B) the intelligence community (as defined in 16 section 3 of the National Security Act of 1947 (50 17 U.S.C. 3003)). 18 (7)(A) The Department of Defense; or 19 (B) the Assistant Secretary of Defense for 20 Homeland Security and America’s Security Affairs. 21 (8) A State or regional energy agency. 22 (9) A national research body or academic insti- 23 tution. 24 (10) The National Laboratories. 25 VerDate Sep 11 2014 01:57 Jan 31, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H680.IH H680 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 680 IH SEC. 5. REPORTS ON THE PROGRAM. 1 (a) INTERIM REPORT.—Not later than 180 days 2 after the date on which funds are first disbursed under 3 the Program, the Secretary shall submit to the appro- 4 priate committees of Congress an interim report that— 5 (1) describes the results of the Program; 6 (2) includes an analysis of the feasibility of 7 each method studied under the Program; and 8 (3) describes the results of the evaluations con- 9 ducted by the working group established under sec- 10 tion 4(a). 11 (b) FINAL REPORT.—Not later than 2 years after the 12 date on which funds are first disbursed under the Pro- 13 gram, the Secretary shall submit to the appropriate com- 14 mittees of Congress a final report that— 15 (1) describes the results of the Program; 16 (2) includes an analysis of the feasibility of 17 each method studied under the Program; and 18 (3) describes the results of the evaluations con- 19 ducted by the working group established under sec- 20 tion 4(a). 21 SEC. 6. EXEMPTION FROM DISCLOSURE. 22 Information shared by or with the Federal Govern- 23 ment or a State, Tribal, or local government under this 24 Act shall be— 25 VerDate Sep 11 2014 01:57 Jan 31, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H680.IH H680 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 680 IH (1) deemed to be voluntarily shared informa- 1 tion; 2 (2) exempt from disclosure under section 552 of 3 title 5, United States Code, or any provision of any 4 State, Tribal, or local freedom of information law, 5 open government law, open meetings law, open 6 records law, sunshine law, or similar law requiring 7 the disclosure of information or records; and 8 (3) withheld from the public, without discretion, 9 under section 552(b)(3) of title 5, United States 10 Code, or any provision of a State, Tribal, or local 11 law requiring the disclosure of information or 12 records. 13 SEC. 7. PROTECTION FROM LIABILITY. 14 (a) IN GENERAL.—A cause of action against a cov- 15 ered entity for engaging in the voluntary activities author- 16 ized under section 3— 17 (1) shall not lie or be maintained in any court; 18 and 19 (2) shall be promptly dismissed by the applica- 20 ble court. 21 (b) VOLUNTARY ACTIVITIES.—Nothing in this Act 22 subjects any covered entity to liability for not engaging 23 in the voluntary activities authorized under section 3. 24 VerDate Sep 11 2014 01:57 Jan 31, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H680.IH H680 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 680 IH SEC. 8. NO NEW REGULATORY AUTHORITY FOR FEDERAL 1 AGENCIES. 2 Nothing in this Act authorizes the Secretary or the 3 head of any other department or agency of the Federal 4 Government to issue new regulations. 5 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 6 (a) PILOT PROGRAM.—There is authorized to be ap- 7 propriated $10,000,000 to carry out section 3. 8 (b) WORKING GROUP AND REPORT.—There is au- 9 thorized to be appropriated $1,500,000 to carry out sec- 10 tions 4 and 5. 11 (c) AVAILABILITY.—Amounts made available under 12 subsections (a) and (b) shall remain available until ex- 13 pended. 14 Æ VerDate Sep 11 2014 01:57 Jan 31, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H680.IH H680 pamtmann on DSKBFK8HB2PROD with BILLS