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Union Calendar No. 615 

115TH CONGRESS 

2D SESSION H. R. 5240 

[Report No. 115–795] 

To provide for certain programs and developments in the Department of 

Energy concerning the cybersecurity and vulnerabilities of, and physical 

threats to, the electric grid, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2018 

Mr. MCNERNEY (for himself and Mr. LATTA) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

JUNE 28, 2018 

Additional sponsor: Ms. ROSEN

JUNE 28, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on March 9, 2018] 


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•HR 5240 RH

A BILL 

To provide for certain programs and developments in the 

Department of Energy concerning the cybersecurity and 

vulnerabilities of, and physical threats to, the electric 

grid, and for other purposes. 


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•HR 5240 RH

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 Grid Secu5 rity through Public-Private Partnerships Act’’. 

6 SEC. 2. PROGRAM TO PROMOTE AND ADVANCE PHYSICAL 

7 SECURITY AND CYBERSECURITY OF ELEC8 TRIC UTILITIES. 

9 (a) ESTABLISHMENT.—The Secretary of Energy, in 

10 consultation with State regulatory authorities, industry 

11 stakeholders, the Electric Reliability Organization, and 

12 other Federal agencies the Secretary determines appro13 priate, shall carry out a program to— 

14 (1) develop, and provide for voluntary imple15 mentation of, maturity models, self-assessments, and 

16 auditing methods for assessing the physical security 

17 and cybersecurity of electric utilities; 

18 (2) provide training to electric utilities to ad19 dress and mitigate cybersecurity supply chain man20 agement risks; 

21 (3) increase opportunities for sharing best prac22 tices and data collection within the electric sector; 

23 (4) assist with cybersecurity training for electric 

24 utilities; 


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1 (5) advance the cybersecurity of third-party ven2 dors that work in partnerships with electric utilities; 

3 and 

4 (6) provide technical assistance for electric utili5 ties subject to the program. 

6 (b) SCOPE.—In carrying out the program under sub7 section (a), the Secretary of Energy shall— 

8 (1) take into consideration different sizes of elec9 tric utilities and the regions that such electric utilities 

10 serve; 

11 (2) prioritize electric utilities with fewer avail12 able resources due to size or region; and 

13 (3) to the extent practicable, utilize and leverage 

14 existing Department of Energy programs. 

15 (c) PROTECTION OF INFORMATION.—Information pro16 vided to, or collected by, the Federal Government pursuant 

17 to this section— 

18 (1) shall be exempt from disclosure under section 

19 552(b)(3) of title 5, United States Code; and 

20 (2) shall not be made available by any Federal, 

21 State, political subdivision or tribal authority pursu22 ant to any Federal, State, political subdivision, or 

23 tribal law requiring public disclosure of information 

24 or records. 


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1 SEC. 3. REPORT ON CYBERSECURITY AND DISTRIBUTION 

2 SYSTEMS. 

3 (a) IN GENERAL.—The Secretary of Energy, in con4 sultation with State regulatory authorities, industry stake5 holders, and other Federal agencies the Secretary deter6 mines appropriate, shall submit to Congress a report that 

7 assesses— 

8 (1) priorities, policies, procedures, and actions 

9 for enhancing the physical security and cybersecurity 

10 of electricity distribution systems to address threats 

11 to, and vulnerabilities of, such electricity distribution 

12 systems; and 

13 (2) implementation of such priorities, policies, 

14 procedures, and actions, including an estimate of po15 tential costs and benefits of such implementation, in16 cluding any public-private cost-sharing opportunities. 

17 (b) PROTECTION OF INFORMATION.—Information pro18 vided to, or collected by, the Federal Government pursuant 

19 to this section— 

20 (1) shall be exempt from disclosure under section 

21 552(b)(3) of title 5, United States Code; and 

22 (2) shall not be made available by any Federal, 

23 State, political subdivision or tribal authority pursu24 ant to any Federal, State, political subdivision, or 

25 tribal law requiring public disclosure of information 

26 or records. 


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1 SEC. 4. ELECTRICITY INTERRUPTION INFORMATION. 

2 (a) INTERRUPTION COST ESTIMATE CALCULATOR.— 

3 The Secretary of Energy, in consultation with the Federal 

4 Energy Regulatory Commission, State regulatory authori5 ties, industry stakeholders, and other Federal agencies the 

6 Secretary determines appropriate, shall update the Inter7 ruption Cost Estimate Calculator, as often as appropriate 

8 and feasible, but not less than once every 2 years. 

9 (b) INDICES.—The Secretary of Energy, in consulta10 tion with the Federal Energy Regulatory Commission, 

11 State regulatory authorities, industry stakeholders, and 

12 other Federal agencies the Secretary determines appro13 priate, shall, as often as appropriate and feasible, update 

14 the following: 

15 (1) The System Average Interruption Duration 

16 Index. 

17 (2) The System Average Interruption Frequency 

18 Index. 

19 (3) The Customer Average Interruption Duration 

20 Index. 

21 (c) SURVEY.—The Administrator of the Energy Infor22 mation Administration shall collect information on elec23 tricity interruption costs, if available, from a representative 

24 sample of owners of electric grid assets through a biennial 

25 survey. 


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1 SEC. 5. DEFINITIONS. 

2 In the Act, the following definitions apply: 

3 (1) ELECTRIC RELIABILITY ORGANIZATION.—The 

4 term ‘‘Electric Reliability Organization’’ has the 

5 meaning given such term in section 215(a)(2) of the 

6 Federal Power Act (16 U.S.C. 824o(a)(2)). 

7 (2) ELECTRIC UTILITY.—The term ‘‘electric util8 ity’’ has the meaning given such term in section 3 of 

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

10 (3) STATE REGULATORY AUTHORITY.—The term 

11 ‘‘State regulatory authority’’ has the meaning given 

12 such term in section 3 of the Federal Power Act (16 

13 U.S.C. 796). 


amozie on DSK3GDR082PROD with BILLS
Union Calendar No. 615 

115TH CONGRESS 

2D SESSION H. R. 5240 

[Report No. 115–795] 

A BILL 

To provide for certain programs and developments 

poses. threats to, the electric grid, and for other purbersecurity and vulnerabilities of, and physical in the Department of Energy concerning the cyJUNE 28, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


amozie on DSK3GDR082PROD with BILLS