79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–793 

ENERGY EMERGENCY LEADERSHIP ACT 

JUNE 28, 2018.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. WALDEN, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

[To accompany H.R. 5174] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 5174) to amend the Department of Energy Organization Act with respect to functions assigned to Assistant Secretaries, 

and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do 

pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1 

Background and Need for Legislation .................................................................... 2 

Committee Action .................................................................................................... 4 

Committee Votes ...................................................................................................... 5 

Oversight Findings and Recommendations ........................................................... 5 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 5 

Congressional Budget Office Estimate ................................................................... 5 

Federal Mandates Statement ................................................................................. 6 

Statement of General Performance Goals and Objectives .................................... 6 

Duplication of Federal Programs ............................................................................ 6 

Committee Cost Estimate ....................................................................................... 6 

Earmark, Limited Tax Benefits, and Limited Tariff Benefits ............................. 7 

Disclosure of Directed Rule Makings ..................................................................... 7 

Advisory Committee Statement .............................................................................. 7 

Applicability to Legislative Branch ........................................................................ 7 

Section-by-Section Analysis of the Legislation ...................................................... 7 

Changes in Existing Law Made by the Bill, as Reported ..................................... 7 

PURPOSE AND SUMMARY

H.R. 5174, Energy Emergency Leadership Act, was introduced by 

Rep. Tim Walberg (R–MI) and Rep. Bobby Rush (D–IL) on March 


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1See ‘‘Valuation of Energy Security for the United States,’’ Department of Energy, January 

2017. 

6, 2018. H.R. 5174 amends the Department of Energy Organization 

Act to include energy emergency and energy security among the 

functions that the Secretary of the Department of Energy shall assign to an Assistant Secretary. 

H.R. 5174 provides that the functions to be assigned to an Assistant Secretary include responsibilities with respect to infrastructure, cybersecurity, emerging threats, supply, and emergency planning, coordination, response, and restoration. It also provides that 

these functions include the provision of technical assistance, support, and response capabilities with respect to energy sector 

threats, risks, and incidents to State, local, and tribal governments 

and the energy sector. 

BACKGROUND AND NEED FOR LEGISLATION

The United States maintains one of the most advanced and complex energy infrastructures in the world. This includes an extensive 

system transporting oil, natural gas, and refined product to consumers. It involves the storage capacity of more than 600 million 

barrels of oil and the storage of for natural gas equivalent to nearly 

2 months of U.S. consumption. This also includes the vast, complex 

electricity systems that deliver uninterrupted power from producers to consumers. These intricate and highly interdependent 

systems enable every aspect of our daily lives.1 Our nation’s economy, security, and the health and safety of its citizens depend upon 

the reliable and uninterrupted supply of fuels and electricity. 

The manner by which energy and power is generated, transmitted, and delivered continues to increase in complexity. As advances in digital and information technologies layer onto existing 

practices and energy infrastructures, new risks emerge and new 

vulnerabilities are exposed. Recent high-profile attempts by foreign 

actors to infiltrate our nation’s energy systems and infrastructure 

further highlight the need for legislation aimed at mitigating these 

significant and growing threats to the reliable supply of energy in 

the United States. 

The Department of Energy’s Authorities for Cybersecurity, Energy 

Security, and Emergency Response 

When the Department of Energy was organized in 1977, energy 

security concerns revolved around oil supply shortages. As a result, 

energy security emergency functions in the Department of Energy 

Organization Act focused on distributing and allocating fuels in an 

emergency. Over time, these functions in DOE’s organic statute remained largely unchanged, but DOE’s responsibilities and authorities have evolved substantially beyond what was envisioned forty 

years ago. Energy delivery systems have become increasingly interconnected and digitized, while society has become more dependent 

on energy in all its forms—expanding the opportunities for cybersecurity threats and other hazards that may require emergency response. 

Today, DOE’s mission to advance the national, economic, and energy security of the United States requires it to act as the lead 

agency for the protection of electric power, oil, and natural gas inVerDate Sep 11 2014 06:52 Jun 30, 2018 Jkt 079006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR793.XXX HR793

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2Federal Power Act § 215A, 16 U.S.C. §§ 824o–1. 

frastructure. DOE has authority and responsibilities for the physical and cybersecurity of energy delivery systems from laws that 

Congress has passed and Presidential directives. Congress has provided DOE with a wide range of emergency response and cybersecurity authorities affecting multiple segments of the energy sector, 

including in the Department of Energy Organization Act, the Energy Policy and Conservation Act, the Natural Gas Act, the Federal 

Power Act, the Defense Production Act, and most recently the Fixing America’s Transportation Act (FAST Act). 

The FAST Act, which was signed into law in 2015, designated 

DOE as the Sector-Specific Agency (SSA) for the energy sector and 

provided the Department with several new energy security authorities to respond to physical and cyberattacks to energy systems. Section 61003 of the FAST Act amended section 215 of the Federal 

Power Act (FPA) and created a new section 215A entitled, ‘‘Critical 

Electric Infrastructure Security.’’ Section 215 of the FPA states 

that when the President issues or provides to the Secretary of Energy a written directive or determination identifying a grid security 

emergency, the Secretary may, with or without notice, hearing, or 

report, issue orders for emergency measures to protect or restore 

the reliability of critical electric infrastructure or of defense critical 

electric infrastructure during an emergency.2

DOE’s cybersecurity roles and responsibilities are also guided by 

the Federal government’s operational framework, as provided by 

the Presidential Policy Directive 41 (PPD–41) issued in 2016 addressing ‘‘United States Cyber Incident Coordination.’’ A primary 

purpose of PPD–41 is to improve coordination across the Federal 

government by clarifying roles and responsibilities. Under the 

PPD–41 framework, DOE serves as the lead agency for the energy 

sector, coordinating closely with other agencies and the private sector to facilitate the response, recovery, and restoration of damaged 

energy infrastructure. 

DOE Leadership in Energy Supply Emergencies 

As the Energy SSA and pursuant to its other statutory authorities, DOE coordinates with multiple Federal and State agencies 

and collaborates with energy infrastructure owners and operators 

on activities associated with identifying vulnerabilities, mitigating 

incidents that may impact the energy sector, and assisting with 

preparation, recovery or restoration to ensure the supply of energy 

in emergencies. 

During the past two presidential administrations, DOE has 

strengthened these energy emergency functions, including for preparedness, response, and restoration of energy systems against all 

hazards. However, the growing interconnectedness of energy systems and the national importance of ensuring the supply and delivery of energy against cyber threats, underscore the need to consolidate and elevate the Department’s energy emergency functions. 

On February 14, 2018, Energy Secretary Rick Perry announced 

the establishment of a new Office of Cybersecurity, Energy Security, and Emergency Response (CESER) at DOE, noting ‘‘DOE 

plays a vital role in protecting our nation’s energy infrastructure 

from cyber threats, physical attack and natural disaster. This new 


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3See Press Release, U.S. Department of Energy, ‘‘Secretary of Energy Rick Perry Forms New 

Office of Cybersecurity, Energy Security, and Emergency Response.’’ (Feb. 14, 2018), https:// 

www.energy.gov/articles/secretary-energy-rick-perry-forms-new-office-cybersecurity-energysecurity-and-emergency. 4See oral Testimony of Under Secretary Mark Menezes, U.S. Department of Energy, Before 

the Subcommittee on Energy, Committee on Energy and Commerce, March 14, 2018. 5See Written Testimony of Tristan Vance, Director, Indiana Office of Energy Development, 

Chief Energy Officer of Indiana, Before the Subcommittee on Energy, Committee on Energy and 

Commerce, March 14, 2018. 

office best positions the Department to address the emerging 

threats of tomorrow while protecting the reliable flow of energy to 

Americans today.’’ The CESER office will be led by an Assistant 

Secretary who will focus on energy infrastructure security, support 

the expanded national security responsibilities assigned to DOE, 

and report to the Under Secretary of Energy.3

The Committee finds that H.R. 5174 would further enhance the 

execution of this core energy emergency mission by establishing in 

statute the assistant-secretary-level leadership of DOE’s emergency 

response and cybersecurity functions. Given the critical role DOE 

serves for the nation to coordinate, prepare for, and respond to all 

hazards to the supply of energy, including cybersecurity, such assistant-secretary level leadership will strengthen coordination 

across the department, ensure more effective interagency collaborations, and increase accountability to Congress. DOE Undersecretary Mark Menezes, agreed in testimony that elevating functions to 

Senate-confirmed level leadership would help intergovernmental 

and interagency communication, and information sharing. He noted 

further that assistant-secretary level leadership ‘‘increases visibility and accountability.’’ 4 Therefore, the Committee finds that 

elevating relevant energy emergency and security functions within 

DOE leadership will enhance the accountability for and the quality 

and speed of information sharing with the Department of Homeland Security. This in turn will strengthen the necessary coordination between the Cabinet agencies and the sharing of information 

across all critical infrastructure sectors. 

The Committee also finds that H.R. 5174, by establishing energy 

emergency leadership explicitly in the Department of Energy Organization Act, ensures the benefits of elevated leadership over the 

relevant missions will endure. Tristan Vance, Chief Energy Officer 

of Indiana, testifying on behalf of the National Association of State 

Energy Officials, testified that the creation of the CSER office ‘‘is 

precisely the type of action needed to modernize and improve our 

states’ and the nation’s ability to respond to and mitigate the risks 

of energy supply disruptions from all hazards.’’ He also noted that 

the bill ‘‘would elevate and make permanent this core DOE function, and NASEO strongly supports the subcommittee’s action.’’ 5

COMMITTEE ACTION

On March 14, 2018 the Subcommittee on Energy held a hearing 

on H.R. 5175 entitled, ‘‘DOE Modernization: Legislation Addressing 

Cybersecurity and Emergency Response.’’ The Subcommittee received testimony from: 

• Mark Menezes, Under Secretary of Energy, U.S. Department of Energy; 

• Scott Aaronson, Vice President, Security and Preparedness, Edison Electric Institute; 


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• Mark Engels, Senior Enterprise Security Advisor, Dominion Energy; 

• Tristan Vance, Director, Office of Energy Development, 

State of Indiana on behalf of the National Association of State 

Energy Officials; 

• Zachary Tudor, Associate Laboratory Director for National 

and Homeland Security, Idaho National Laboratory; and, 

• Kyle Pistor, Vice President of Government Relations, National Electrical Manufacturers Association. 

On April 18, 2018, the Subcommittee on Energy met in open 

markup session and forwarded H.R. 5174, without amendment, to 

the full Committee by a voice vote. 

On May 9, 2018, the full Committee on Energy and Commerce 

met in open markup session and ordered H.R. 5174, without 

amendment, favorably reported to the House by a voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII requires the Committee to list the record 

votes on the motion to report legislation and amendments thereto. 

There were no record votes taken in connection with ordering H.R. 

5174 reported. 

OVERSIGHT FINDINGS AND RECOMMENDATIONS

Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of rule 

XIII, the Committee held a hearing and made findings that are reflected in this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

Pursuant to clause 3(c)(2) of rule XIII, the Committee finds that 

H.R. 5174 would result in no new or increased budget authority, 

entitlement authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII, the following is the cost 

estimate prepared by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 

1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, May 17, 2018. 

Hon. GREG WALDEN, 

Chairman, Committee on Energy and Commerce, House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5174, the Energy Emergency Leadership Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

KEITH HALL, 

Director. 


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Enclosure. 

H.R. 5174—Energy Emergency Leadership Act 

H.R. 5174 would amend the Department of Energy (DOE) Organization Act to include functions related to energy emergencies and 

energy security among the duties to be assigned by the Secretary 

of Energy to one of DOE’s assistant secretaries. Under the bill, that 

assistant secretary would be responsible for activities related to the 

physical and cybersecurity of energy infrastructure; planning and 

coordinating responses to energy emergencies; and providing security-related technical assistance to state, local and tribal governments. 

Using information from DOE, CBO estimates that enacting H.R. 

5174 would not significantly affect the federal budget. H.R. 5174 

would not affect the scope or cost of DOE’s activities related to energy emergencies or energy security; as a result, CBO expects that 

any changes in federal spending under the bill—which would be 

subject to appropriation—would be small. 

H.R. 5174 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting H.R. 5174 would not affect direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2029. 

H.R. 5174 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Megan Carroll. The estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII, the general performance 

goal or objective of this legislation is to ensure more effective implementation of the Department of Energy’s energy emergency and 

cybersecurity responsibilities. 

DUPLICATION OF FEDERAL PROGRAMS

Pursuant to clause 3(c)(5) of rule XIII, no provision of H.R. 5174 

is known to be duplicative of another Federal program, including 

any program that was included in a report to Congress pursuant 

to section 21 of Public Law 111–139 or the most recent Catalog of 

Federal Domestic Assistance. 

COMMITTEE COST ESTIMATE

Pursuant to clause 3(d)(1) of rule XIII, the Committee adopts as 

its own the cost estimate prepared by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional 

Budget Act of 1974. 


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EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the Committee 

finds that H.R. 5174 contains no earmarks, limited tax benefits, or 

limited tariff benefits. 

DISCLOSURE OF DIRECTED RULE MAKINGS

Pursuant to section 3(i) of H. Res. 5, the Committee finds that 

H.R. 5174 contains no directed rule makings. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 1 provides the short title of ‘‘Energy Emergency Leadership Act.’’ 

Section 2. Functions assigned to assistant secretaries 

Section 2 amends the Department of Energy Organization Act to 

include energy emergency and energy security among the functions 

that the Secretary of Energy shall assign to an Assistant Secretary; 

provides that these functions include responsibilities with respect 

to infrastructure, cybersecurity, emerging threats, supply and 

emergency planning, coordination, response, and restoration; and 

provides that these functions also include the provision of technical 

assistance, support, and response capabilities with respect to energy security threats, risks, and incidents to State, local, and tribal 

governments and the energy sector. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

DEPARTMENT OF ENERGY ORGANIZATION ACT 

* * * * * * * 

TITLE II—ESTABLISHMENT OF THE DEPARTMENT 

* * * * * * * 


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ASSISTANT SECRETARIES

SEC. 203. (a) There shall be in the Department 8 Assistant Secretaries, each of whom shall be appointed by the President, by and 

with the advice and consent of the Senate; who shall be compensated at the rate provided for at level IV of the Executive 

Schedule under section 5315 of title 5, United States Code; and 

who shall perform, in accordance with applicable law, such of the 

functions transferred or delegated to, or vested in, the Secretary as 

he shall prescribe in accordance with the provisions of this Act. The 

functions which the Secretary shall assign to the Assistant Secretaries include, but are not limited to, the following: 

(1) Energy resource applications, including functions dealing 

with management of all forms of energy production and utilization, including fuel supply, electric power supply, enriched uranium production, energy technology programs, and the management of energy resource leasing procedures on Federal 

lands. 

(2) Energy research and development functions, including 

the responsibility for policy and management of research and 

development for all aspects of— 

(A) solar energy resources; 

(B) geothermal energy resources; 

(C) recycling energy resources; 

(D) the fuel cycle for fossil energy resources; and 

(E) the fuel cycle for nuclear energy resources. 

(3) Environmental responsibilities and functions, including 

advising the Secretary with respect to the conformance of the 

Department’s activities to environmental protection laws and 

principles, and conducting a comprehensive program of research and development on the environmental effects of energy 

technologies and programs. 

(4) International programs and international policy functions, including those functions which assist in carrying out 

the international energy purposes described in section 102 of 

this Act. 

(6) Intergovernmental policies and relations including responsibilities for assuring that national energy policies are reflective of and responsible to the needs of State and local governments, and for assuring that other components of the Department coordinate their activities with State and local governments, where appropriate, and develop intergovernmental 

communications with State and local governments. 

(7) Competition and consumer affairs, including responsibilities for the promotion of competition in the energy industry 

and for the protection of the consuming public in the energy 

policymaking processes, and assisting the Secretary in the formulation and analysis of policies, rules, and regulations relating to competition and consumer affairs. 

(8) Nuclear waste management responsibilities, including— 

(A) the establishment of control over existing Government facilities for the treatment and storage of nuclear 

wastes, including all containers, casks, buildings, vehicles, 

equipment, and all other materials associated with such 

facilities; 


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(B) the establishment of control over all existing nuclear 

waste in the possession or control of the Government and 

all commercial nuclear waste presently stored on other 

than the site of a licensed nuclear power electric generating facility, except that nothing in this paragraph shall 

alter or effect title to such waste; 

(C) the establishment of temporary and permanent facilities for storage, management, and ultimate disposal of 

nuclear wastes; 

(D) the establishment of facilities for the treatment of 

nuclear wastes; 

(E) the establishment of programs for the treatment, 

management, storage, and disposal of nuclear wastes; 

(F) the establishment of fees or user charges for nuclear 

waste treatment or storage facilities, including fees to be 

charged Government agencies; and 

(G) the promulgation of such rules and regulations to 

implement the authority described in this paragraph, 

except that nothing in this section shall be construed as granting to the Department regulatory functions presently within 

the Nuclear Regulatory Commission, or any additional functions than those already conferred by law. 

(9) Energy conservation functions, including the development 

of comprehensive energy conservation strategies for the Nation, the planning and implementation of major research and 

demonstration programs for the development of technologies 

and processes to reduce total energy consumption, the administration of voluntary and mandatory energy conservation programs, and the dissemination to the public of all available information on energy conservation programs and measures. 

(10) Power marketing functions, including responsibility for 

marketing and transmission of Federal power. 

(11) Public and congressional relations functions, including 

responsibilities for providing a continuing liaison between the 

Department and the Congress and the Department and the 

public. 

(12) Energy emergency and energy security functions, including— 

(A) responsibilities with respect to infrastructure, cybersecurity, emerging threats, supply, and emergency planning, 

coordination, response, and restoration; and 

(B) upon request of a State, local, or tribal government 

or energy sector entity, and in consultation with other Federal agencies as appropriate, provision of technical assistance, support, and response capabilities with respect to energy security threats, risks, and incidents. 

(b) At the time the name of any individual is submitted for confirmation to the position of Assistant Secretary, the President shall 

identify with particularity the function or functions described in 

subsection (a) (or any portion thereof) for which such individual 

will be responsible. 

* * * * * * * 

Æ 


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