I 
115TH CONGRESS 
1ST SESSION H. R. 3958 
To establish a pilot program on securing energy infrastructure, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 4, 2017 
Mr. RUPPERSBERGER (for himself and Mr. CARTER of Texas) introduced the 
following bill; which was referred to the Committee on Science, Space, 
and Technology 
A BILL 
To establish a pilot program on securing energy 
infrastructure, 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 ‘‘Securing Energy Infra-
structure Act of 2017’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means an entity identified pursuant to section 
9(a) of Executive Order 13636 of February 12, 
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2013 (78 Fed. Reg. 11742) relating to identification 
of critical infrastructure where a cybersecurity inci-
dent could reasonably result in catastrophic regional 
or national effects on public health or safety, eco-
nomic security, or national security. 
(2) DIRECTOR.—Except as otherwise specifi-
cally provided, the term ‘‘Director’’ means the Direc-
tor of Intelligence and Counterintelligence of the De-
partment of Energy. 
(3) EXPLOIT.—The term ‘‘exploit’’ means a 
software tool designed to take advantage of a secu-
rity vulnerability. 
(4) INDUSTRIAL CONTROL SYSTEM.— 
(A) IN
GENERAL.—The term ‘‘industrial 
control system’’ means an operational tech-
nology used to measure, control, or manage in-
dustrial functions. 
(B) INCLUSIONS.—The term ‘‘industrial 
control system’’ includes supervisory control 
and data acquisition systems, distributed con-
trol systems, and programmable logic or embed-
ded controllers. 
(5) NATIONAL LABORATORY.—The term ‘‘Na-
tional Laboratory’’ has the meaning given the term 
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in section 2 of the Energy Policy Act of 2005 (42 
U.S.C. 15801). 
(6) PROGRAM.—The term ‘‘Program’’ means 
the pilot program established under section 3. 
(7) SECURITY VULNERABILITY.—The term ‘‘se-
curity vulnerability’’ means any attribute of hard-
ware, software, process, or procedure that could en-
able or facilitate the defeat of a security control. 
SEC. 3. PILOT PROGRAM FOR SECURING ENERGY INFRA-
STRUCTURE. 
Not later than 180 days after the date of enactment 
of this Act, the Director shall establish a 2-year control 
systems implementation pilot program within the National 
Laboratories for the purposes of— 
(1) partnering with covered entities in the en-
ergy sector (including critical component manufac-
turers in the supply chain) that voluntarily partici-
pate in the Program to identify new classes of secu-
rity vulnerabilities of the covered entities; and 
(2) researching, developing, testing, and imple-
menting technology platforms and standards, in 
partnership with covered entities, to isolate and de-
fend industrial control systems of covered entities 
from security vulnerabilities and exploits in the most 
critical systems of the covered entities, including— 
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(A) analog and nondigital control systems; 
(B) purpose-built control systems; and 
(C) physical controls. 
SEC. 4. WORKING GROUP TO EVALUATE PROGRAM STAND-
ARDS AND DEVELOP STRATEGY. 
(a) ESTABLISHMENT.—The Director shall establish a 
working group— 
(1) to evaluate the technology platforms and 
standards used in the Program under section 3(2); 
and 
(2) to develop a national cyber-informed engi-
neering strategy to isolate and defend covered enti-
ties from security vulnerabilities and exploits in the 
most critical systems of the covered entities. 
(b) MEMBERSHIP.—The working group established 
under subsection (a) shall be composed of not fewer than 
10 members, to be appointed by the Director, at least 1 
member of which shall represent each of the following: 
(1) The Department of Energy. 
(2) The energy industry, including electric utili-
ties and manufacturers recommended by the Energy 
Sector coordinating councils. 
(3)(A) The Department of Homeland Security; 
or 
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(B) the Industrial Control Systems Cyber 
Emergency Response Team. 
(4) The North American Electric Reliability 
Corporation. 
(5) The Nuclear Regulatory Commission. 
(6)(A) The Office of the Director of National 
Intelligence; or 
(B) the intelligence community (as defined in 
section 3 of the National Security Act of 1947 (50 
U.S.C. 3003)). 
(7)(A) The Department of Defense; or 
(B) the Assistant Secretary of Defense for 
Homeland Security and America’s Security Affairs. 
(8) A State or regional energy agency. 
(9) A national research body or academic insti-
tution. 
(10) The National Laboratories. 
SEC. 5. REPORTS ON THE PROGRAM. 
(a) INTERIM REPORT.—Not later than 180 days 
after the date on which funds are first disbursed under 
the Program, the Director shall submit to the appropriate 
committees of Congress an interim report that— 
(1) describes the results of the Program; 
(2) includes an analysis of the feasibility of 
each method studied under the Program; and 
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(3) describes the results of the evaluations con-
ducted by the working group established under sec-
tion 4(a). 
(b) FINAL REPORT.—Not later than 2 years after the 
date on which funds are first disbursed under the Pro-
gram, the Director shall submit to the appropriate com-
mittees of Congress a final report that— 
(1) describes the results of the Program; 
(2) includes an analysis of the feasibility of 
each method studied under the Program; and 
(3) describes the results of the evaluations con-
ducted by the working group established under sec-
tion 4(a). 
(c) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate commit-
tees of Congress’’ means— 
(1) the congressional intelligence committees; 
(2) the Committee on Energy and Natural Re-
sources of the Senate; and 
(3) the Committee on Energy and Commerce of 
the House of Representatives. 
SEC. 6. NO NEW REGULATORY AUTHORITY FOR FEDERAL 
AGENCIES. 
Nothing in this Act authorizes the Director or the 
head of any other Federal agency to issue new regulations. 
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SEC. 7. EXEMPTION FROM DISCLOSURE. 
Information shared by or with the Federal Govern-
ment or a State, tribal, or local government under this 
Act shall be— 
(1) deemed to be voluntarily shared informa-
tion; and 
(2) exempt from disclosure under any provision 
of Federal, State, tribal, or local freedom of infor-
mation law, open government law, open meetings 
law, open records law, sunshine law, or similar law 
requiring the disclosure of information or records. 
SEC. 8. PROTECTION FROM LIABILITY. 
(a) IN GENERAL.—A cause of action against a cov-
ered entity for engaging in the voluntary activities author-
ized under section 3— 
(1) shall not lie or be maintained in any court; 
and 
(2) shall be promptly dismissed by the applica-
ble court. 
(b) VOLUNTARY ACTIVITIES.—Nothing in this Act 
subjects any covered entity to liability for not engaging 
in the voluntary activities authorized under section 3. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
(a) PILOT PROGRAM.—There is authorized to be ap-
propriated $10,000,000 to carry out section 3. 
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(b) WORKING GROUP AND REPORT.—There is au-
thorized to be appropriated $1,500,000 to carry out sec-
tions 4 and 5. 
(c) AVAILABILITY.—Amounts made available under 
subsections (a) and (b) shall remain available until ex-
pended. 
Æ 
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