II 

Calendar No. 257 

116TH CONGRESS 

1ST SESSION H. R. 2114 

[Report No. 116–137] 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2019 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

OCTOBER 22, 2019 

Reported by Ms. MURKOWSKI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

To amend the Energy Policy and Conservation Act to provide 

Federal financial assistance to States to implement, review, and revise State energy security plans, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enhancing State En5 ergy Security Planning and Emergency Preparedness Act 

6 of 2019’’. 


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1 SEC. 2. STATE ENERGY SECURITY PLANS. 

2 (a) IN GENERAL.—Part D of title III of the Energy 

3 Policy and Conservation Act (42 U.S.C. 6321 et seq.) is 

4 amended by adding at the end the following: 

5 ‘‘SEC. 367. STATE ENERGY SECURITY PLANS. 

6 ‘‘(a) IN GENERAL.—Federal financial assistance 

7 made available to a State under this part may be used 

8 for the implementation, review, and revision of a State en9 ergy security plan that assesses the State’s existing cir10 cumstances and proposes methods to strengthen the abil11 ity of the State, in consultation with owners and operators 

12 of energy infrastructure in such State, to— 

13 ‘‘(1) secure the energy infrastructure of the 

14 State against all physical and cybersecurity threats; 

15 ‘‘(2) mitigate the risk of energy supply disrup16 tions to the State and enhance the response to, and 

17 recovery from, energy disruptions; and 

18 ‘‘(3) ensure the State has a reliable, secure, and 

19 resilient energy infrastructure. 

20 ‘‘(b) CONTENTS OF PLAN.—A State energy security 

21 plan described in subsection (a) shall— 

22 ‘‘(1) address all fuels, including petroleum 

23 products, other liquid fuels, coal, electricity, and nat24 ural gas, as well as regulated and unregulated en25 ergy providers; 


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1 ‘‘(2) provide a State energy profile, including 

2 an assessment of energy production, distribution, 

3 and end-use; 

4 ‘‘(3) address potential hazards to each energy 

5 sector or system, including physical threats and cy6 bersecurity threats and vulnerabilities; 

7 ‘‘(4) provide a risk assessment of energy infra8 structure and cross-sector interdependencies; 

9 ‘‘(5) provide a risk mitigation approach to en10 hance reliability and end-use resilience; and 

11 ‘‘(6) address multi-State, Indian Tribe, and re12 gional coordination planning and response, and to 

13 the extent practicable, encourage mutual assistance 

14 in cyber and physical response plans. 

15 ‘‘(c) COORDINATION.—In developing a State energy 

16 security plan under this section, the energy office of the 

17 State shall, to the extent practicable, coordinate with— 

18 ‘‘(1) the public utility or service commission of 

19 the State; 

20 ‘‘(2) energy providers from the private sector; 

21 and 

22 ‘‘(3) other entities responsible for maintaining 

23 fuel or electric reliability. 

24 ‘‘(d) FINANCIAL ASSISTANCE.—A State is not eligible 

25 to receive Federal financial assistance under this part, for 


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1 any purpose, for a fiscal year unless the Governor of such 

2 State submits to the Secretary, with respect to such fiscal 

3 year— 

4 ‘‘(1) a State energy security plan described in 

5 subsection (a) that meets the requirements of sub6 section (b); or 

7 ‘‘(2) after an annual review of the State energy 

8 security plan by the Governor— 

9 ‘‘(A) any necessary revisions to such plan; 

10 or 

11 ‘‘(B) a certification that no revisions to 

12 such plan are necessary. 

13 ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 

14 Governor of a State, the Secretary may provide informa15 tion and technical assistance, and other assistance, in the 

16 development, implementation, or revision of a State energy 

17 security plan. 

18 ‘‘(f) SUNSET.—This section shall expire on October 

19 31, 2024.’’. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 365(f) of the Energy Policy and Conservation Act (42 

22 U.S.C. 6325(f)) is amended— 

23 (1) by striking ‘‘$125,000,000’’ and inserting 

24 ‘‘$90,000,000’’; and 


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1 (2) by striking ‘‘2007 through 2012’’ and in2 serting ‘‘2021 through 2025’’. 

3 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 (1) CONFORMING AMENDMENTS.—Section 363 

5 of the Energy Policy and Conservation Act (42 

6 U.S.C. 6323) is amended— 

7 (A) by redesignating subsection (f) as sub8 section (e); and 

9 (B) by striking subsection (e). 

10 (2) TECHNICAL AMENDMENT.—Section 

11 366(3)(B)(i) of the Energy Policy and Conservation 

12 Act (42 U.S.C. 6326(3)(B)(i)) is amended by strik13 ing ‘‘approved under section 367’’. 

14 (3) REFERENCE.—The item relating to ‘‘De15 partment of Energy—Energy Conservation’’ in title 

16 II of the Department of the Interior and Related 

17 Agencies Appropriations Act, 1985 (42 U.S.C. 

18 6323a) is amended by striking ‘‘sections 361 

19 through 366’’ and inserting ‘‘sections 361 through 

20 367’’. 

21 (4) TABLE OF SECTIONS.—The table of sections 

22 for part D of title III of the Energy Policy and Con23 servation Act is amended by adding at the end the 

24 following: 

‘‘Sec. 367. State energy security plans.’’. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Enhancing State Energy 

3 Security Planning and Emergency Preparedness Act of 

4 2019’’. 

5 SEC. 2. STATE ENERGY SECURITY PLANS. 

6 (a) IN GENERAL.—Part D of title III of the Energy 

7 Policy and Conservation Act (42 U.S.C. 6321 et seq.) is 

8 amended by adding at the end the following: 

9 ‘‘SEC. 367. STATE ENERGY SECURITY PLANS. 

10 ‘‘(a) IN GENERAL.—Federal financial assistance made 

11 available to a State under this part may be used for the 

12 implementation, review, and revision of a State energy se13 curity plan that assesses the State’s existing circumstances 

14 and proposes methods to strengthen the ability of the State, 

15 in consultation with owners and operators of energy infra16 structure in such State, to— 

17 ‘‘(1) secure the energy infrastructure of the State 

18 against all physical and cybersecurity threats; 

19 ‘‘(2) mitigate the risk of energy supply disrup20 tions to the State and enhance the response to, and 

21 recovery from, energy disruptions; and 

22 ‘‘(3) ensure the State has a reliable, secure, and 

23 resilient energy infrastructure. 

24 ‘‘(b) CONTENTS OF PLAN.—A State energy security 

25 plan described in subsection (a) shall— 


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1 ‘‘(1) address all energy sources and regulated 

2 and unregulated energy providers; 

3 ‘‘(2) provide a State energy profile, including an 

4 assessment of energy production, distribution, and 

5 end-use; 

6 ‘‘(3) address potential hazards to each energy 

7 sector or system, including physical threats and cy8 bersecurity threats and vulnerabilities; 

9 ‘‘(4) provide a risk assessment of energy infra10 structure and cross-sector interdependencies; 

11 ‘‘(5) provide a risk mitigation approach to en12 hance reliability and end-use resilience; and 

13 ‘‘(6) address multi-State, Indian Tribe, and re14 gional coordination planning and response, and to 

15 the extent practicable, encourage mutual assistance in 

16 cyber and physical response plans. 

17 ‘‘(c) COORDINATION.—In developing a State energy se18 curity plan under this section, the energy office of the State 

19 shall, to the extent practicable, coordinate with— 

20 ‘‘(1) the public utility or service commission of 

21 the State; 

22 ‘‘(2) energy providers from the private sector; 

23 and 

24 ‘‘(3) other entities responsible for maintaining 

25 fuel or electric reliability. 


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1 ‘‘(d) FINANCIAL ASSISTANCE.—A State is not eligible 

2 to receive Federal financial assistance under this part, for 

3 any purpose, for a fiscal year unless the Governor of such 

4 State submits to the Secretary, with respect to such fiscal 

5 year— 

6 ‘‘(1) a State energy security plan described in 

7 subsection (a) that meets the requirements of sub8 section (b); or 

9 ‘‘(2) after an annual review of the State energy 

10 security plan by the Governor— 

11 ‘‘(A) any necessary revisions to such plan; 

12 or 

13 ‘‘(B) a certification that no revisions to 

14 such plan are necessary. 

15 ‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 

16 Governor of a State, the Secretary may provide information 

17 and technical assistance, and other assistance, in the devel18 opment, implementation, or revision of a State energy secu19 rity plan. 

20 ‘‘(f) REQUIREMENT.—Each State receiving Federal fi21 nancial assistance under this part shall provide reasonable 

22 assurance to the Secretary that the State has established 

23 policies and procedures designed to assure that the financial 

24 assistance will be used— 


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1 ‘‘(1) to supplement, and not to supplant, State 

2 and local funds; and 

3 ‘‘(2) to the maximum extent practicable, to in4 crease the amount of State and local funds that other5 wise would be available, in the absence of the finan6 cial assistance, for the implementation of the State 

7 energy security plan under this section. 

8 ‘‘(g) PROTECTION OF INFORMATION.—Information 

9 provided to, or collected by, the Federal Government under 

10 this section— 

11 ‘‘(1) shall be exempt from disclosure under sec12 tion 552(b)(3) of title 5, United States Code; and 

13 ‘‘(2) shall not be made available by any Federal 

14 agency, State, political subdivision of a State, or 

15 Tribal authority pursuant to any Federal, State, or 

16 Tribal law, as applicable, requiring public disclosure 

17 of information or records. 

18 ‘‘(h) SUNSET.—This section shall expire on October 31, 

19 2024.’’. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 365(f) of the Energy Policy and Conservation Act (42 

22 U.S.C. 6325(f)) is amended— 

23 (1) by striking ‘‘$125,000,000’’ and inserting 

24 ‘‘$90,000,000’’; and 


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1 (2) by striking ‘‘2007 through 2012’’ and insert2 ing ‘‘2021 through 2025’’. 

3 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 (1) CONFORMING AMENDMENTS.—Section 363 of 

5 the Energy Policy and Conservation Act (42 U.S.C. 

6 6323) is amended— 

7 (A) by striking subsection (e); and 

8 (B) by redesignating subsection (f) as sub9 section (e). 

10 (2) TECHNICAL AMENDMENT.—Section 

11 366(3)(B)(i) of the Energy Policy and Conservation 

12 Act (42 U.S.C. 6326(3)(B)(i)) is amended by striking 

13 ‘‘approved under section 367’’. 

14 (3) REFERENCE.—The matter under the heading 

15 ‘‘ENERGY CONSERVATION’’ under the heading ‘‘DE16 PARTMENT OF ENERGY’’ in title II of the Depart17 ment of the Interior and Related Agencies Appropria18 tions Act, 1985 (42 U.S.C. 6323a) is amended by 

19 striking ‘‘sections 361 through 366’’ and inserting 

20 ‘‘sections 361 through 367’’. 

21 (4) TABLE OF CONTENTS.—The table of contents 

22 for part D of title III of the Energy Policy and Con23 servation Act (Public Law 94–163; 89 Stat. 872; 92 

24 Stat. 3272; 104 Stat. 1006) is amended by adding at 

25 the end the following: 

‘‘Sec. 367. State energy security plans.’’. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Calendar No. 257 

116TH CONGRESS 

1ST SESSION H. R. 2114 

[Report No. 116–137] 

AN ACT 

To amend the Energy Policy and Conservation Act 

curity plans, and for other purposes. to implement, review, and revise State energy seto provide Federal financial assistance to States 

OCTOBER 22, 2019 

Reported with an amendment 


pamtmann on DSKBC07HB2PROD with BILLS