Grid Security Research and Development Act

IIB 116TH CONGRESS 2D SESSION H. R. 5760 IN THE SENATE OF THE UNITED STATES SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2020 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To provide for a comprehensive interdisciplinary research, development, and demonstration initiative to strengthen the capacity of the energy sector to prepare for and withstand cyber and physical attacks, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 05:57 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5760.RFS H5760 kjohnson on DSK79L0C42PROD with BILLS 2 HR 5760 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Grid Security Research 2 and Development Act’’. 3 SEC. 2. FINDINGS. 4 Congress finds the following: 5 (1) The Nation, and every critical infrastruc- 6 ture sector, depends on reliable electricity. 7 (2) Intelligent electronic devices, advanced ana- 8 lytics, and information systems used across the en- 9 ergy sector are essential to maintaining reliable op- 10 eration of the electric grid. 11 (3) The cybersecurity threat landscape is con- 12 stantly changing and attacker capabilities are ad- 13 vancing rapidly, requiring ongoing modifications, ad- 14 vancements, and investments in technologies and 15 procedures to maintain security. 16 (4) It is in the national interest for Federal 17 agencies to invest in cybersecurity research that in- 18 forms and facilitates private sector investment and 19 use of advanced cybersecurity tools and procedures 20 to protect information systems. 21 (5) The number of devices and systems con- 22 necting to the electric grid is increasing, and inte- 23 grating cybersecurity protections into information 24 systems when they are built is more effective than 25 VerDate Sep 11 2014 05:57 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5760.RFS H5760 kjohnson on DSK79L0C42PROD with BILLS 3 HR 5760 RFS modifying products after installation to meet 1 cybersecurity goals. 2 (6) An understanding of human factors can be 3 leveraged to understand the behavior of cyber threat 4 actors, develop strategies to counter threat actors, 5 improve cybersecurity training programs, optimize 6 the design of human-machine interfaces and cyberse- 7 curity tools, and increase the capacity of the energy 8 sector workforce to prevent unauthorized access to 9 critical systems. 10 SEC. 3. AMENDMENT TO ENERGY INDEPENDENCE AND SE- 11 CURITY ACT OF 2007. 12 Title XIII of the Energy Independence and Security 13 Act of 2007 (42 U.S.C. 17381 et seq.) is amended by add- 14 ing at the end the following: 15 ‘‘SEC. 1310. ENERGY SECTOR SECURITY RESEARCH, DEVEL- 16 OPMENT, AND DEMONSTRATION PROGRAM. 17 ‘‘(a) IN GENERAL.—The Secretary, in coordination 18 with appropriate Federal agencies, the Electricity Sub- 19 sector Coordinating Council, the Electric Reliability Orga- 20 nization, State, tribal, local, and territorial governments, 21 the private sector, and other relevant stakeholders, shall 22 carry out a research, development, and demonstration pro- 23 gram to protect the electric grid and energy systems, in- 24 cluding assets connected to the distribution grid, from 25 VerDate Sep 11 2014 05:57 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5760.RFS H5760 kjohnson on DSK79L0C42PROD with BILLS 4 HR 5760 RFS cyber and physical attacks by increasing the cyber and 1 physical security capabilities of the energy sector and ac- 2 celerating the development of relevant technologies and 3 tools. 4 ‘‘(b) DEPARTMENT OF ENERGY.—As part of the ini- 5 tiative described in subsection (a), the Secretary shall 6 award research, development, and demonstration grants 7 to— 8 ‘‘(1) identify cybersecurity risks to information 9 systems within, and impacting, the electricity sector, 10 energy systems, and energy infrastructure; 11 ‘‘(2) develop methods and tools to rapidly detect 12 cyber intrusions and cyber incidents, including 13 through the use of data and big data analytics tech- 14 niques, such as intrusion detection, and security in- 15 formation and event management systems, to vali- 16 date and verify system behavior; 17 ‘‘(3) assess emerging cybersecurity capabilities 18 that could be applied to energy systems and develop 19 technologies that integrate cybersecurity features 20 and procedures into the design and development of 21 existing and emerging grid technologies, including 22 renewable energy, storage, and demand-side manage- 23 ment technologies; 24 VerDate Sep 11 2014 05:57 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5760.RFS H5760 kjohnson on DSK79L0C42PROD with BILLS 5 HR 5760 RFS ‘‘(4) identify existing vulnerabilities in intel- 1 ligent electronic devices, advanced analytics systems, 2 and information systems; 3 ‘‘(5) work with relevant entities to develop tech- 4 nologies or concepts that build or retrofit 5 cybersecurity features and procedures into— 6 ‘‘(A) information and energy management 7 system devices, components, software, firmware, 8 and hardware, including distributed control and 9 management systems, and building manage- 10 ment systems; 11 ‘‘(B) data storage systems, data manage- 12 ment systems, and data analysis processes; 13 ‘‘(C) automated- and manually-controlled 14 devices and equipment for monitoring and sta- 15 bilizing the electric grid; 16 ‘‘(D) technologies used to synchronize time 17 and develop guidance for operational contin- 18 gency plans when time synchronization tech- 19 nologies, are compromised; 20 ‘‘(E) power system delivery and end user 21 systems and devices that connect to the grid, 22 including— 23 ‘‘(i) meters, phasor measurement 24 units, and other sensors; 25 VerDate Sep 11 2014 05:57 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5760.RFS H5760 kjohnson on DSK79L0C42PROD with BILLS 6 HR 5760 RFS ‘‘(ii) distribution automation tech- 1 nologies, smart inverters, and other grid 2 control technologies; 3 ‘‘(iii) distributed generation, energy 4 storage, and other distributed energy tech- 5 nologies; 6 ‘‘(iv) demand response technologies; 7 ‘‘(v) home and building energy man- 8 agement and control systems; 9 ‘‘(vi) electric and plug-in hybrid vehi- 10 cles and electric vehicle charging systems; 11 and 12 ‘‘(vii) other relevant devices, software, 13 firmware, and hardware; and 14 ‘‘(F) the supply chain of electric grid man- 15 agement system components; 16 ‘‘(6) develop technologies that improve the 17 physical security of information systems, including 18 remote assets; 19 ‘‘(7) integrate human factors research into the 20 design and development of advanced tools and proc- 21 esses for dynamic monitoring, detection, protection, 22 mitigation, response, and cyber situational aware- 23 ness; 24 VerDate Sep 11 2014 05:57 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5760.RFS H5760 kjohnson on DSK79L0C42PROD with BILLS 7 HR 5760 RFS ‘‘(8) evaluate and understand the potential con- 1 sequences of practices used to maintain the 2 cybersecurity of information systems and intelligent 3 electronic devices; 4 ‘‘(9) develop or expand the capabilities of exist- 5 ing cybersecurity test beds to simulate impacts of 6 cyber attacks and combined cyber-physical attacks 7 on information systems and electronic devices, in- 8 cluding by increasing access to existing and emerg- 9 ing test beds for cooperative utilities, utilities owned 10 by a political subdivision of a State, such as munici- 11 pally-owned electric utilities, and other relevant 12 stakeholders; and 13 ‘‘(10) develop technologies that reduce the cost 14 of implementing effective cybersecurity technologies 15 and tools, including updates to these technologies 16 and tools, in the energy sector. 17 ‘‘(c) NATIONAL SCIENCE FOUNDATION.—The Na- 18 tional Science Foundation, in coordination with other Fed- 19 eral agencies as appropriate, shall through its cybersecu- 20 rity research and development programs— 21 ‘‘(1) support basic research to advance knowl- 22 edge, applications, technologies, and tools to 23 strengthen the cybersecurity of information systems, 24 VerDate Sep 11 2014 05:57 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5760.RFS H5760 kjohnson on DSK79L0C42PROD with BILLS 8 HR 5760 RFS including electric grid and energy systems, including 1 interdisciplinary research in— 2 ‘‘(A) evolutionary systems, theories, mathe- 3 matics, and models; 4 ‘‘(B) economic and financial theories, 5 mathematics, and models; and 6 ‘‘(C) big data analytical methods, mathe- 7 matics, computer coding, and algorithms; and 8 ‘‘(2) support cybersecurity education and train- 9 ing focused on information systems for the electric 10 grid and energy workforce, including through the 11 Advanced Technological Education program, the 12 Cybercorps program, graduate research fellowships, 13 and other appropriate programs. 14 ‘‘(d) DEPARTMENT OF HOMELAND SECURITY 15 SCIENCE AND TECHNOLOGY DIRECTORATE.—The Science 16 and Technology Directorate of the Department of Home- 17 land Security shall coordinate with the Department of En- 18 ergy, the private sector, and other relevant stakeholders, 19 to research existing cybersecurity technologies and tools 20 used in the defense industry in order to— 21 ‘‘(1) identify technologies and tools that may 22 meet civilian energy sector cybersecurity needs; 23 ‘‘(2) develop a research strategy that incor- 24 porates human factors research findings to guide the 25 VerDate Sep 11 2014 05:57 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5760.RFS H5760 kjohnson on DSK79L0C42PROD with BILLS 9 HR 5760 RFS modification of defense industry cybersecurity tools 1 for use in the civilian sector; 2 ‘‘(3) develop a strategy to accelerate efforts to 3 bring modified defense industry cybersecurity tools 4 to the civilian market; and 5 ‘‘(4) carry out other activities the Secretary of 6 Homeland Security considers appropriate to meet 7 the goals of this subsection. 8 ‘‘SEC. 1311. GRID RESILIENCE AND EMERGENCY RESPONSE. 9 ‘‘(a) IN GENERAL.—Not later than 180 days after 10 the enactment of the Grid Security Research and Develop- 11 ment Act, the Secretary shall establish a research, devel- 12 opment, and demonstration program to enhance resilience 13 and strengthen emergency response and management per- 14 taining to the energy sector. 15 ‘‘(b) GRANTS.—The Secretary shall award grants to 16 eligible entities under subsection (c) on a competitive basis 17 to conduct research and development with the purpose of 18 improving the resilience and reliability of electric grid by— 19 ‘‘(1) developing methods to improve community 20 and governmental preparation for and emergency re- 21 sponse to large-area, long-duration electricity inter- 22 ruptions, including through the use of energy effi- 23 ciency, storage, and distributed generation tech- 24 nologies; 25 VerDate Sep 11 2014 05:57 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5760.RFS H5760 kjohnson on DSK79L0C42PROD with BILLS 10 HR 5760 RFS ‘‘(2) developing tools to help utilities and com- 1 munities ensure the continuous delivery of electricity 2 to critical facilities; 3 ‘‘(3) developing tools to improve coordination 4 between utilities and relevant Federal agencies to 5 enable communication, information-sharing, and sit- 6 uational awareness in the event of a physical or 7 cyber-attack on the electric grid; 8 ‘‘(4) developing technologies and capabilities to 9 withstand and address the current and projected im- 10 pact of the changing climate on energy sector infra- 11 structure, including extreme weather events and 12 other natural disasters; 13 ‘‘(5) developing technologies capable of early 14 detection of malfunctioning electrical equipment on 15 the transmission and distribution grid, including de- 16 tection of spark ignition causing wildfires and risks 17 of vegetation contact; 18 ‘‘(6) assessing upgrades and additions needed 19 to energy sector infrastructure due to projected 20 changes in the energy generation mix and energy de- 21 mand; and 22 ‘‘(7) upgrading tools used to estimate the costs 23 of outages longer than 24 hours. 24 VerDate Sep 11 2014 05:57 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5760.RFS H5760 kjohnson on DSK79L0C42PROD with BILLS 11 HR 5760 RFS ‘‘(8) developing tools and technologies to assist 1 with the planning, safe execution of, and safe and 2 timely restoration of power after emergency power 3 shut offs, such as those conducted to reduce risks of 4 wildfires started by grid infrastructure. 5 ‘‘(c) ELIGIBLE ENTITIES.—The entities eligible to re- 6 ceive grants under this section include— 7 ‘‘(1) an institution of higher education; 8 ‘‘(2) a nonprofit organization; 9 ‘‘(3) a National Laboratory; 10 ‘‘(4) a unit of State, local, or tribal government; 11 ‘‘(5) an electric utility or electric cooperative; 12 ‘‘(6) a retail service provider of electricity; 13 ‘‘(7) a private commercial entity; 14 ‘‘(8) a partnership or consortium of 2 or more 15 entities described in subparagraphs (1) through (7); 16 and 17 ‘‘(9) any other entities the Secretary deems ap- 18 propriate. 19 ‘‘(d) RELEVANT ACTIVITIES.—Grants awarded under 20 subsection (b) shall include funding for research and de- 21 velopment activities related to the purpose described in 22 subsection (b), such as— 23 ‘‘(1) development of technologies to use distrib- 24 uted energy resources, such as solar photovoltaics, 25 VerDate Sep 11 2014 05:57 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5760.RFS H5760 kjohnson on DSK79L0C42PROD with BILLS 12 HR 5760 RFS energy storage systems, electric vehicles, and 1 microgrids, to improve grid and critical end-user re- 2 silience; 3 ‘‘(2) analysis of non-technical barriers to great- 4 er integration and use of technologies on the dis- 5 tribution grid; 6 ‘‘(3) analysis of past large-area, long-duration 7 electricity interruptions to identify common elements 8 and best practices for electricity restoration, mitiga- 9 tion, and prevention of future disruptions; 10 ‘‘(4) development of advanced monitoring, ana- 11 lytics, operation, and controls of electric grid sys- 12 tems to improve electric grid resilience; 13 ‘‘(5) analysis of technologies, methods, and con- 14 cepts that can improve community resilience and 15 survivability of frequent or long-duration power out- 16 ages; 17 ‘‘(6) development of methodologies to maintain 18 cybersecurity during restoration of energy sector in- 19 frastructure and operati [Text truncated for display. 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