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, re-
view, and revise State energy security plans, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Enhancing State En-
ergy Security Planning and Emergency Preparedness Act 
of 2019’’. 
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SEC. 2. STATE ENERGY SECURITY PLANS. 
(a) IN GENERAL.—Part D of title III of the Energy 
Policy and Conservation Act (42 U.S.C. 6321 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 367. STATE ENERGY SECURITY PLANS. 
‘‘(a)
IN
GENERAL.—Federal
financial
assistance 
made available to a State under this part may be used 
for the implementation, review, and revision of a State en-
ergy security plan that assesses the State’s existing cir-
cumstances and proposes methods to strengthen the abil-
ity of the State, in consultation with owners and operators 
of energy infrastructure in such State, to— 
‘‘(1) secure the energy infrastructure of the 
State against all physical and cybersecurity threats; 
‘‘(2) mitigate the risk of energy supply disrup-
tions to the State and enhance the response to, and 
recovery from, energy disruptions; and 
‘‘(3) ensure the State has a reliable, secure, and 
resilient energy infrastructure. 
‘‘(b) CONTENTS OF PLAN.—A State energy security 
plan described in subsection (a) shall— 
‘‘(1)
address
all
fuels,
including
petroleum 
products, other liquid fuels, coal, electricity, and nat-
ural gas, as well as regulated and unregulated en-
ergy providers; 
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‘‘(2) provide a State energy profile, including 
an assessment of energy production, distribution, 
and end-use; 
‘‘(3) address potential hazards to each energy 
sector or system, including physical threats and cy-
bersecurity threats and vulnerabilities; 
‘‘(4) provide a risk assessment of energy infra-
structure and cross-sector interdependencies; 
‘‘(5) provide a risk mitigation approach to en-
hance reliability and end-use resilience; and 
‘‘(6) address multi-State, Indian Tribe, and re-
gional coordination planning and response, and to 
the extent practicable, encourage mutual assistance 
in cyber and physical response plans. 
‘‘(c) COORDINATION.—In developing a State energy 
security plan under this section, the energy office of the 
State shall, to the extent practicable, coordinate with— 
‘‘(1) the public utility or service commission of 
the State; 
‘‘(2) energy providers from the private sector; 
and 
‘‘(3) other entities responsible for maintaining 
fuel or electric reliability. 
‘‘(d) FINANCIAL ASSISTANCE.—A State is not eligible 
to receive Federal financial assistance under this part, for 
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any purpose, for a fiscal year unless the Governor of such 
State submits to the Secretary, with respect to such fiscal 
year— 
‘‘(1) a State energy security plan described in 
subsection (a) that meets the requirements of sub-
section (b); or 
‘‘(2) after an annual review of the State energy 
security plan by the Governor— 
‘‘(A) any necessary revisions to such plan; 
or 
‘‘(B) a certification that no revisions to 
such plan are necessary. 
‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 
Governor of a State, the Secretary may provide informa-
tion and technical assistance, and other assistance, in the 
development, implementation, or revision of a State energy 
security plan. 
‘‘(f) SUNSET.—This section shall expire on October 
31, 2024.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
365(f) of the Energy Policy and Conservation Act (42 
U.S.C. 6325(f)) is amended— 
(1) by striking ‘‘$125,000,000’’ and inserting 
‘‘$90,000,000’’; and 
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(2) by striking ‘‘2007 through 2012’’ and in-
serting ‘‘2021 through 2025’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) CONFORMING AMENDMENTS.—Section 363 
of the Energy Policy and Conservation Act (42 
U.S.C. 6323) is amended— 
(A) by redesignating subsection (f) as sub-
section (e); and 
(B) by striking subsection (e). 
(2)
TECHNICAL
AMENDMENT.—Section 
366(3)(B)(i) of the Energy Policy and Conservation 
Act (42 U.S.C. 6326(3)(B)(i)) is amended by strik-
ing ‘‘approved under section 367’’. 
(3) REFERENCE.—The item relating to ‘‘De-
partment of Energy—Energy Conservation’’ in title 
II of the Department of the Interior and Related 
Agencies
Appropriations
Act,
1985
(42
U.S.C. 
6323a)
is
amended
by
striking
‘‘sections
361 
through 366’’ and inserting ‘‘sections 361 through 
367’’. 
(4) TABLE OF SECTIONS.—The table of sections 
for part D of title III of the Energy Policy and Con-
servation Act is amended by adding at the end the 
following: 
‘‘Sec. 367. State energy security plans.’’. 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Enhancing State Energy 
Security Planning and Emergency Preparedness Act of 
2019’’. 
SEC. 2. STATE ENERGY SECURITY PLANS. 
(a) IN GENERAL.—Part D of title III of the Energy 
Policy and Conservation Act (42 U.S.C. 6321 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 367. STATE ENERGY SECURITY PLANS. 
‘‘(a) IN GENERAL.—Federal financial assistance made 
available to a State under this part may be used for the 
implementation, review, and revision of a State energy se-
curity plan that assesses the State’s existing circumstances 
and proposes methods to strengthen the ability of the State, 
in consultation with owners and operators of energy infra-
structure in such State, to— 
‘‘(1) secure the energy infrastructure of the State 
against all physical and cybersecurity threats; 
‘‘(2) mitigate the risk of energy supply disrup-
tions to the State and enhance the response to, and 
recovery from, energy disruptions; and 
‘‘(3) ensure the State has a reliable, secure, and 
resilient energy infrastructure. 
‘‘(b) CONTENTS OF PLAN.—A State energy security 
plan described in subsection (a) shall— 
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‘‘(1) address all energy sources and regulated 
and unregulated energy providers; 
‘‘(2) provide a State energy profile, including an 
assessment of energy production, distribution, and 
end-use; 
‘‘(3) address potential hazards to each energy 
sector or system, including physical threats and cy-
bersecurity threats and vulnerabilities; 
‘‘(4) provide a risk assessment of energy infra-
structure and cross-sector interdependencies; 
‘‘(5) provide a risk mitigation approach to en-
hance reliability and end-use resilience; and 
‘‘(6) address multi-State, Indian Tribe, and re-
gional coordination planning and response, and to 
the extent practicable, encourage mutual assistance in 
cyber and physical response plans. 
‘‘(c) COORDINATION.—In developing a State energy se-
curity plan under this section, the energy office of the State 
shall, to the extent practicable, coordinate with— 
‘‘(1) the public utility or service commission of 
the State; 
‘‘(2) energy providers from the private sector; 
and 
‘‘(3) other entities responsible for maintaining 
fuel or electric reliability. 
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‘‘(d) FINANCIAL ASSISTANCE.—A State is not eligible 
to receive Federal financial assistance under this part, for 
any purpose, for a fiscal year unless the Governor of such 
State submits to the Secretary, with respect to such fiscal 
year— 
‘‘(1) a State energy security plan described in 
subsection (a) that meets the requirements of sub-
section (b); or 
‘‘(2) after an annual review of the State energy 
security plan by the Governor— 
‘‘(A) any necessary revisions to such plan; 
or 
‘‘(B) a certification that no revisions to 
such plan are necessary. 
‘‘(e) TECHNICAL ASSISTANCE.—Upon request of the 
Governor of a State, the Secretary may provide information 
and technical assistance, and other assistance, in the devel-
opment, implementation, or revision of a State energy secu-
rity plan. 
‘‘(f) REQUIREMENT.—Each State receiving Federal fi-
nancial assistance under this part shall provide reasonable 
assurance to the Secretary that the State has established 
policies and procedures designed to assure that the financial 
assistance will be used— 
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‘‘(1) to supplement, and not to supplant, State 
and local funds; and 
‘‘(2) to the maximum extent practicable, to in-
crease the amount of State and local funds that other-
wise would be available, in the absence of the finan-
cial assistance, for the implementation of the State 
energy security plan under this section. 
‘‘(g) PROTECTION
OF
INFORMATION.—Information 
provided to, or collected by, the Federal Government under 
this section— 
‘‘(1) shall be exempt from disclosure under sec-
tion 552(b)(3) of title 5, United States Code; and 
‘‘(2) shall not be made available by any Federal 
agency, State, political subdivision of a State, or 
Tribal authority pursuant to any Federal, State, or 
Tribal law, as applicable, requiring public disclosure 
of information or records. 
‘‘(h) SUNSET.—This section shall expire on October 31, 
2024.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section 
365(f) of the Energy Policy and Conservation Act (42 
U.S.C. 6325(f)) is amended— 
(1) by striking ‘‘$125,000,000’’ and inserting 
‘‘$90,000,000’’; and 
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(2) by striking ‘‘2007 through 2012’’ and insert-
ing ‘‘2021 through 2025’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) CONFORMING AMENDMENTS.—Section 363 of 
the Energy Policy and Conservation Act (42 U.S.C. 
6323) is amended— 
(A) by striking subsection (e); and 
(B) by redesignating subsection (f) as sub-
section (e). 
(2) 
TECHNICAL
AMENDMENT.—Section 
366(3)(B)(i) of the Energy Policy and Conservation 
Act (42 U.S.C. 6326(3)(B)(i)) is amended by striking 
‘‘approved under section 367’’. 
(3) REFERENCE.—The matter under the heading 
‘‘ENERGY CONSERVATION’’ under the heading ‘‘DE-
PARTMENT OF ENERGY’’ in title II of the Depart-
ment of the Interior and Related Agencies Appropria-
tions Act, 1985 (42 U.S.C. 6323a) is amended by 
striking ‘‘sections 361 through 366’’ and inserting 
‘‘sections 361 through 367’’. 
(4) TABLE OF CONTENTS.—The table of contents 
for part D of title III of the Energy Policy and Con-
servation Act (Public Law 94–163; 89 Stat. 872; 92 
Stat. 3272; 104 Stat. 1006) is amended by adding at 
the end the following: 
‘‘Sec. 367. State energy security plans.’’. 
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Calendar No. 257 
116TH CONGRESS 
1ST SESSION 
H. R. 2114 
[Report No. 116–137] 
AN ACT 
To amend the Energy Policy and Conservation Act 
to provide Federal financial assistance to States 
to implement, review, and revise State energy se-
curity plans, and for other purposes. 
OCTOBER 22, 2019 
Reported with an amendment 
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