II 

116TH CONGRESS 

1ST SESSION S. 2333 

To provide for enhanced energy grid security. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2019 

Ms. CANTWELL (for herself and Mr. HEINRICH) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for enhanced energy grid security. 

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 ‘‘Energy Cybersecurity 

5 Act of 2019’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) DEPARTMENT.—The term ‘‘Department’’ 

9 means the Department of Energy. 


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1 (2) ELECTRIC UTILITY.—The term ‘‘electric 

2 utility’’ has the meaning given the term in section 

3 3 of the Federal Power Act (16 U.S.C. 796). 

4 (3) ES–ISAC.—The term ‘‘ES–ISAC’’ means 

5 the Electricity Sector Information Sharing and 

6 Analysis Center. 

7 (4) NATIONAL LABORATORY.—The term ‘‘Na8 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 (5) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Energy. 

13 SEC. 3. ENHANCED GRID SECURITY. 

14 (a) CYBERSECURITY FOR THE ENERGY SECTOR RE15 SEARCH, DEVELOPMENT, AND DEMONSTRATION PRO16 GRAM.— 

17 (1) IN GENERAL.—The Secretary, in consulta18 tion with appropriate Federal agencies, the energy 

19 sector, the States, and other stakeholders, shall 

20 carry out a program— 

21 (A) to develop advanced cybersecurity ap22 plications and technologies for the energy sec23 tor— 

24 (i) to identify and mitigate 

25 vulnerabilities, including— 


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1 (I) dependencies on other critical 

2 infrastructure; and 

3 (II) impacts from weather and 

4 fuel supply; and 

5 (ii) to advance the security of field de6 vices and third-party control systems, in7 cluding— 

8 (I) systems for generation, trans9 mission, distribution, end use, and 

10 market functions; 

11 (II) specific electric grid elements 

12 including advanced metering, demand 

13 response, distributed generation, and 

14 electricity storage; 

15 (III) forensic analysis of infected 

16 systems; and 

17 (IV) secure communications; 

18 (B) to leverage electric grid architecture as 

19 a means to assess risks to the energy sector, in20 cluding by implementing an all-hazards ap21 proach to communications infrastructure, con22 trol systems architecture, and power systems 

23 architecture; 


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1 (C) to perform pilot demonstration projects 

2 with the energy sector to gain experience with 

3 new technologies; and 

4 (D) to develop workforce development cur5 ricula for energy sector-related cybersecurity. 

6 (2) AUTHORIZATION OF APPROPRIATIONS.— 

7 There is authorized to be appropriated to carry out 

8 this subsection $65,000,000 for each of fiscal years 

9 2020 through 2028. 

10 (b) ENERGY SECTOR COMPONENT TESTING FOR

11 CYBERRESILIENCE PROGRAM.— 

12 (1) IN GENERAL.—The Secretary shall carry 

13 out a program— 

14 (A) to establish a cybertesting and mitiga15 tion program to identify vulnerabilities of en16 ergy sector supply chain products to known 

17 threats; 

18 (B) to oversee third-party cybertesting; 

19 and 

20 (C) to develop procurement guidelines for 

21 energy sector supply chain components. 

22 (2) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated to carry out 

24 this subsection $15,000,000 for each of fiscal years 

25 2020 through 2028. 


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1 (c) ENERGY SECTOR OPERATIONAL SUPPORT FOR

2 CYBERRESILIENCE PROGRAM.— 

3 (1) IN GENERAL.—The Secretary may carry out 

4 a program— 

5 (A) to enhance and periodically test— 

6 (i) the emergency response capabilities 

7 of the Department; and 

8 (ii) the coordination of the Depart9 ment with other agencies, the National 

10 Laboratories, and private industry; 

11 (B) to expand cooperation of the Depart12 ment with the intelligence communities for en13 ergy sector-related threat collection and anal14 ysis; 

15 (C) to enhance the tools of the Department 

16 and ES–ISAC for monitoring the status of the 

17 energy sector; 

18 (D) to expand industry participation in 

19 ES–ISAC; and 

20 (E) to provide technical assistance to small 

21 electric utilities for purposes of assessing 

22 cybermaturity level. 

23 (2) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to carry out 


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1 this subsection $10,000,000 for each of fiscal years 

2 2020 through 2028. 

3 (d) MODELING AND ASSESSING ENERGY INFRA4 STRUCTURE RISK.— 

5 (1) IN GENERAL.—The Secretary shall develop 

6 an advanced energy security program to secure en7 ergy networks, including electric, natural gas, and 

8 oil exploration, transmission, and delivery. 

9 (2) SECURITY AND RESILIENCY OBJECTIVE.— 

10 The objective of the program developed under para11 graph (1) is to increase the functional preservation 

12 of the electric grid operations or natural gas and oil 

13 operations in the face of natural and human-made 

14 threats and hazards, including electric magnetic 

15 pulse and geomagnetic disturbances. 

16 (3) ELIGIBLE ACTIVITIES.—In carrying out the 

17 program developed under paragraph (1), the Sec18 retary may— 

19 (A) develop capabilities to identify 

20 vulnerabilities and critical components that pose 

21 major risks to grid security if destroyed or im22 paired; 

23 (B) provide modeling at the national level 

24 to predict impacts from natural or human-made 

25 events; 


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1 (C) develop a maturity model for physical 

2 security and cybersecurity; 

3 (D) conduct exercises and assessments to 

4 identify and mitigate vulnerabilities to the elec5 tric grid, including providing mitigation rec6 ommendations; 

7 (E) conduct research hardening solutions 

8 for critical components of the electric grid; 

9 (F) conduct research mitigation and recov10 ery solutions for critical components of the elec11 tric grid; and 

12 (G) provide technical assistance to States 

13 and other entities for standards and risk anal14 ysis. 

15 (4) AUTHORIZATION OF APPROPRIATIONS.— 

16 There is authorized to be appropriated to carry out 

17 this subsection $10,000,000 for each of fiscal years 

18 2020 through 2028. 

19 (e) LEVERAGING EXISTING PROGRAMS.—The pro20 grams established under this section shall be carried out 

21 consistent with— 

22 (1) the report of the Department entitled 

23 ‘‘Roadmap to Achieve Energy Delivery Systems Cy24 bersecurity’’ and dated 2011; 

25 (2) existing programs of the Department; and 


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1 (3) any associated strategic framework that 

2 links together academic and National Laboratory re3 searchers, electric utilities, manufacturers, and any 

4 other relevant private industry organizations, includ5 ing the Electricity Sub-sector Coordinating Council. 

6 (f) STUDY.— 

7 (1) IN GENERAL.—Not later than 180 days 

8 after the date of enactment of this Act, the Sec9 retary, in consultation with the Federal Energy Reg10 ulatory Commission and the North American Elec11 tric Reliability Corporation, shall conduct a study to 

12 explore alternative management structures and fund13 ing mechanisms to expand industry membership and 

14 participation in ES–ISAC. 

15 (2) REPORT.—The Secretary shall submit to 

16 the appropriate committees of Congress a report de17 scribing the results of the study conducted under 

18 paragraph (1). 

Æ 


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