Enhancing Grid Security through Public-Private Partnerships Act

Bill: 116-hr-359
Sponsor: full_name: Rep. McNerney, Jerry [D-CA-9]
Introduced: 2019-01-09
Policy area: Energy
Subjects: Computer security and identity theft

Congressional oversight

Electric power generation and transmission

Energy storage, supplies, demand

Government information and archives

Government studies and investigations

Public utilities and utility rates

Public-private cooperation
Latest action: action_date: 2020-09-30
text: Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 559.

Summaries:
action_date: 2019-01-09
action_desc: Introduced in House
text: <p><b>Enhancing Grid Security through Public-Private Partnerships Act </b></p> <p>This bill directs the Department of Energy to facilitate and encourage public-private partnerships in order to address and mitigate the physical security and cybersecurity risks of electric utilities.</p>

action_date: 2019-10-28
action_desc: Reported to House
text: <p><b>Enhancing Grid Security through Public-Private Partnerships Act </b></p> <p>This bill directs the Department of Energy (DOE) to implement a program to facilitate and encourage public-private partnerships in order to address and mitigate the physical security and cybersecurity risks of electric utilities.</p> <p>In carrying out the program, DOE must (1) take into consideration different sizes of electric utilities and the regions that such utilities serve, (2) prioritize electric utilities with fewer available resources due to size or region, and (3) utilize and leverage existing DOE programs.</p>

action_date: 2020-09-29
action_desc: Passed House
text: <p><b>Enhancing Grid Security through Public-Private Partnerships Act </b></p> <p>This bill directs the Department of Energy (DOE) to implement a program to facilitate and encourage public-private partnerships in order to address and mitigate the physical security and cybersecurity risks of electric utilities.</p> <p>In carrying out the program, DOE must take into consideration different sizes of electric utilities and the regions that such utilities serve, prioritize electric utilities with fewer available resources due to size or region, and utilize and leverage existing DOE programs.</p>

tv_txt: I 116th CONGRESS 1st Session H. R. 359 IN THE HOUSE OF REPRESENTATIVES January 9, 2019 Mr. McNerney (for himself and Mr. Latta ) introduced the following bill; which was referred to the Committee on Energy and Commerce 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.

1. Short title This Act may be cited as the Enhancing Grid Security through Public-Private Partnerships Act . 2. Program to promote and advance physical security and cybersecurity of electric utilities (a) Establishment The Secretary of Energy, in consultation with State regulatory authorities, industry stakeholders, the Electric Reliability Organization, and other Federal agencies the Secretary determines appropriate, shall carry out a program to— (1) develop, and provide for voluntary implementation of, maturity models, self-assessments, and auditing methods for assessing the physical security and cybersecurity of electric utilities; (2) provide training to electric utilities to address and mitigate cybersecurity supply chain management risks; (3) increase opportunities for sharing best practices and data collection within the electric sector; (4) assist with cybersecurity training for electric utilities; (5) advance the cybersecurity of third-party vendors that work in partnerships with electric utilities; and (6) provide technical assistance for electric utilities subject to the program. (b) Scope In carrying out the program under subsection (a), the Secretary of Energy shall— (1) take into consideration different sizes of electric utilities and the regions that such electric utilities serve; (2) prioritize electric utilities with fewer available resources due to size or region; and (3) to the extent practicable, utilize and leverage existing Department of Energy programs. (c) Protection of information Information provided to, or collected by, the Federal Government pursuant to this section— (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal, State, political subdivision or tribal authority pursuant to any Federal, State, political subdivision, or tribal law requiring public disclosure of information or records. 3. Report on cybersecurity and distribution systems (a) In general The Secretary of Energy, in consultation with State regulatory authorities, industry stakeholders, and other Federal agencies the Secretary determines appropriate, shall submit to Congress a report that assesses— (1) priorities, policies, procedures, and actions for enhancing the physical security and cybersecurity of electricity distribution systems to address threats to, and vulnerabilities of, such electricity distribution systems; and (2) implementation of such priorities, policies, procedures, and actions, including an estimate of potential costs and benefits of such implementation, including any public-private cost-sharing opportunities. (b) Protection of information Information provided to, or collected by, the Federal Government pursuant to this section— (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal, State, political subdivision or tribal authority pursuant to any Federal, State, political subdivision, or tribal law requiring public disclosure of information or records. 4. Electricity interruption information (a) Interruption cost estimate calculator The Secretary of Energy, in consultation with the Federal Energy Regulatory Commission, State regulatory authorities, industry stakeholders, and other Federal agencies the Secretary determines appropriate, shall update the Interruption Cost Estimate Calculator, as often as appropriate and feasible, but not less than once every 2 years. (b) Indices The Secretary of Energy, in consultation with the Federal Energy Regulatory Commission, State regulatory authorities, industry stakeholders, and other Federal agencies the Secretary determines appropriate, shall, as often as appropriate and feasible, update the following: (1) The System Average Interruption Duration Index. (2) The System Average Interruption Frequency Index. (3) The Customer Average Interruption Duration Index. (c) Survey The Administrator of the Energy Information Administration shall collect information on electricity interruption costs, if available, from a representative sample of owners of electric grid assets through a biennial survey. 5. Definitions In the Act, the following definitions apply: (1) Electric reliability organization The term Electric Reliability Organization has the meaning given such term in section 215(a)(2) of the Federal Power Act ( 16 U.S.C. 824o(a)(2) ). (2) Electric utility The term electric utility has the meaning given such term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (3) State regulatory authority The term State regulatory authority has the meaning given such term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ).

tv_txt: IB Union Calendar No. 202 116th CONGRESS 1st Session H. R. 359 [Report No. 116–254] IN THE HOUSE OF REPRESENTATIVES January 9, 2019 Mr. McNerney (for himself and Mr. Latta ) introduced the following bill; which was referred to the Committee on Energy and Commerce October 28, 2019 Additional sponsors: Mr. Van Drew and Mr. Fitzpatrick October 28, 2019 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed 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.

1. Short title This Act may be cited as the Enhancing Grid Security through Public-Private Partnerships Act . 2. Program to promote and advance physical security and cybersecurity of electric utilities (a) Establishment The Secretary of Energy, in consultation with State regulatory authorities, industry stakeholders, the Electric Reliability Organization, and other Federal agencies the Secretary determines appropriate, shall carry out a program to— (1) develop, and provide for voluntary implementation of, maturity models, self-assessments, and auditing methods for assessing the physical security and cybersecurity of electric utilities; (2) provide training to electric utilities to address and mitigate cybersecurity supply chain management risks; (3) increase opportunities for sharing best practices and data collection within the electric sector; (4) assist with cybersecurity training for electric utilities; (5) advance the cybersecurity of third-party vendors that work in partnerships with electric utilities; and (6) provide technical assistance for electric utilities subject to the program. (b) Scope In carrying out the program under subsection (a), the Secretary of Energy shall— (1) take into consideration different sizes of electric utilities and the regions that such electric utilities serve; (2) prioritize electric utilities with fewer available resources due to size or region; and (3) to the extent practicable, utilize and leverage existing Department of Energy programs. (c) Protection of information Information provided to, or collected by, the Federal Government pursuant to this section— (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal, State, political subdivision or tribal authority pursuant to any Federal, State, political subdivision, or tribal law requiring public disclosure of information or records. 3. Report on cybersecurity and distribution systems (a) In general The Secretary of Energy, in consultation with State regulatory authorities, industry stakeholders, and other Federal agencies the Secretary determines appropriate, shall submit to Congress a report that assesses— (1) priorities, policies, procedures, and actions for enhancing the physical security and cybersecurity of electricity distribution systems to address threats to, and vulnerabilities of, such electricity distribution systems; and (2) implementation of such priorities, policies, procedures, and actions, including an estimate of potential costs and benefits of such implementation, including any public-private cost-sharing opportunities. (b) Protection of information Information provided to, or collected by, the Federal Government pursuant to this section— (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal, State, political subdivision or tribal authority pursuant to any Federal, State, political subdivision, or tribal law requiring public disclosure of information or records. 4. Electricity interruption information (a) Interruption cost estimate calculator The Secretary of Energy, in consultation with the Federal Energy Regulatory Commission, State regulatory authorities, industry stakeholders, and other Federal agencies the Secretary determines appropriate, shall update the Interruption Cost Estimate Calculator, as often as appropriate and feasible, but not less than once every 2 years. (b) Indices The Secretary of Energy, in consultation with the Federal Energy Regulatory Commission, State regulatory authorities, industry stakeholders, and other Federal agencies the Secretary determines appropriate, shall, as often as appropriate and feasible, update the following: (1) The System Average Interruption Duration Index. (2) The System Average Interruption Frequency Index. (3) The Customer Average Interruption Duration Index. (c) Survey The Administrator of the Energy Information Administration shall collect information on electricity interruption costs, if available, from a representative sample of owners of electric grid assets through a biennial survey. 5. Definitions In the Act, the following definitions apply: (1) Electric reliability organization The term Electric Reliability Organization has the meaning given such term in section 215(a)(2) of the Federal Power Act ( 16 U.S.C. 824o(a)(2) ). (2) Electric utility The term electric utility has the meaning given such term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (3) State regulatory authority The term State regulatory authority has the meaning given such term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ).

October 28, 2019 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: II Calendar No. 559 116th CONGRESS 2d Session H. R. 359 IN THE SENATE OF THE UNITED STATES September 30 (legislative day, September 29), 2020 Received; read twice and placed on the calendar AN ACT 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.

1. Short title This Act may be cited as the Enhancing Grid Security through Public-Private Partnerships Act . 2. Program to promote and advance physical security and cybersecurity of electric utilities (a) Establishment The Secretary of Energy, in coordination with relevant Federal agencies and in consultation with State regulatory authorities, industry stakeholders, and the Electric Reliability Organization, as the Secretary determines appropriate, shall carry out a program to— (1) develop, and provide for voluntary implementation of, maturity models, self-assessments, and auditing methods for assessing the physical security and cybersecurity of electric utilities; (2) provide training to electric utilities to address and mitigate cybersecurity supply chain management risks; (3) increase opportunities for sharing best practices and data collection within the electric sector; (4) assist with cybersecurity training for electric utilities; (5) advance the cybersecurity of third-party vendors that work in partnerships with electric utilities; and (6) provide technical assistance for electric utilities subject to the program. (b) Scope In carrying out the program under subsection (a), the Secretary of Energy shall— (1) take into consideration different sizes of electric utilities and the regions that such electric utilities serve; (2) prioritize electric utilities with fewer available resources due to size or region; and (3) to the extent practicable, utilize and leverage existing Department of Energy programs. (c) Protection of information Information provided to, or collected by, the Federal Government pursuant to this section— (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal, State, political subdivision or tribal authority pursuant to any Federal, State, political subdivision, or tribal law requiring public disclosure of information or records. 3. Report on cybersecurity and distribution systems (a) In general The Secretary of Energy, in coordination with relevant Federal agencies and in consultation with State regulatory authorities, industry stakeholders, and the Electric Reliability Organization, as the Secretary determines appropriate, shall submit to Congress a report that assesses— (1) priorities, policies, procedures, and actions for enhancing the physical security and cybersecurity of electricity distribution systems to address threats to, and vulnerabilities of, such electricity distribution systems; and (2) implementation of such priorities, policies, procedures, and actions, including an estimate of potential costs and benefits of such implementation, including any public-private cost-sharing opportunities. (b) Protection of information Information provided to, or collected by, the Federal Government pursuant to this section— (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal, State, political subdivision or tribal authority pursuant to any Federal, State, political subdivision, or tribal law requiring public disclosure of information or records. 4. Electricity interruption information (a) Interruption cost estimate calculator The Secretary of Energy, in coordination with relevant Federal agencies and in consultation with State regulatory authorities, industry stakeholders, and the Electric Reliability Organization, as the Secretary determines appropriate, shall update the Interruption Cost Estimate Calculator, as often as appropriate and feasible, but not less than once every 2 years. (b) Indices The Secretary of Energy, in coordination with relevant Federal agencies and in consultation with State regulatory authorities, industry stakeholders, and the Electric Reliability Organization, as the Secretary determines appropriate, shall, as often as appropriate and feasible, update the following: (1) The System Average Interruption Duration Index. (2) The System Average Interruption Frequency Index. (3) The Customer Average Interruption Duration Index. (c) Survey The Administrator of the Energy Information Administration shall collect information on electricity interruption costs, if available, from a representative sample of owners of electric grid assets through a biennial survey. 5. Definitions In the Act, the following definitions apply: (1) Electric reliability organization The term Electric Reliability Organization has the meaning given such term in section 215(a)(2) of the Federal Power Act ( 16 U.S.C. 824o(a)(2) ). (2) Electric utility The term electric utility has the meaning given such term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (3) State regulatory authority The term State regulatory authority has the meaning given such term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ).

Passed the House of Representatives September 29, 2020. Cheryl L. Johnson, Clerk

September 30 (legislative day, September 29), 2020 Received; read twice and placed on the calendar

tv_txt: I 116th CONGRESS 2d Session H. R. 359 IN THE HOUSE OF REPRESENTATIVES AN ACT 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.

1. Short title This Act may be cited as the Enhancing Grid Security through Public-Private Partnerships Act . 2. Program to promote and advance physical security and cybersecurity of electric utilities (a) Establishment The Secretary of Energy, in coordination with relevant Federal agencies and in consultation with State regulatory authorities, industry stakeholders, and the Electric Reliability Organization, as the Secretary determines appropriate, shall carry out a program to— (1) develop, and provide for voluntary implementation of, maturity models, self-assessments, and auditing methods for assessing the physical security and cybersecurity of electric utilities; (2) provide training to electric utilities to address and mitigate cybersecurity supply chain management risks; (3) increase opportunities for sharing best practices and data collection within the electric sector; (4) assist with cybersecurity training for electric utilities; (5) advance the cybersecurity of third-party vendors that work in partnerships with electric utilities; and (6) provide technical assistance for electric utilities subject to the program. (b) Scope In carrying out the program under subsection (a), the Secretary of Energy shall— (1) take into consideration different sizes of electric utilities and the regions that such electric utilities serve; (2) prioritize electric utilities with fewer available resources due to size or region; and (3) to the extent practicable, utilize and leverage existing Department of Energy programs. (c) Protection of information Information provided to, or collected by, the Federal Government pursuant to this section— (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal, State, political subdivision or tribal authority pursuant to any Federal, State, political subdivision, or tribal law requiring public disclosure of information or records. 3. Report on cybersecurity and distribution systems (a) In general The Secretary of Energy, in coordination with relevant Federal agencies and in consultation with State regulatory authorities, industry stakeholders, and the Electric Reliability Organization, as the Secretary determines appropriate, shall submit to Congress a report that assesses— (1) priorities, policies, procedures, and actions for enhancing the physical security and cybersecurity of electricity distribution systems to address threats to, and vulnerabilities of, such electricity distribution systems; and (2) implementation of such priorities, policies, procedures, and actions, including an estimate of potential costs and benefits of such implementation, including any public-private cost-sharing opportunities. (b) Protection of information Information provided to, or collected by, the Federal Government pursuant to this section— (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal, State, political subdivision or tribal authority pursuant to any Federal, State, political subdivision, or tribal law requiring public disclosure of information or records. 4. Electricity interruption information (a) Interruption cost estimate calculator The Secretary of Energy, in coordination with relevant Federal agencies and in consultation with State regulatory authorities, industry stakeholders, and the Electric Reliability Organization, as the Secretary determines appropriate, shall update the Interruption Cost Estimate Calculator, as often as appropriate and feasible, but not less than once every 2 years. (b) Indices The Secretary of Energy, in coordination with relevant Federal agencies and in consultation with State regulatory authorities, industry stakeholders, and the Electric Reliability Organization, as the Secretary determines appropriate, shall, as often as appropriate and feasible, update the following: (1) The System Average Interruption Duration Index. (2) The System Average Interruption Frequency Index. (3) The Customer Average Interruption Duration Index. (c) Survey The Administrator of the Energy Information Administration shall collect information on electricity interruption costs, if available, from a representative sample of owners of electric grid assets through a biennial survey. 5. Definitions In the Act, the following definitions apply: (1) Electric reliability organization The term Electric Reliability Organization has the meaning given such term in section 215(a)(2) of the Federal Power Act ( 16 U.S.C. 824o(a)(2) ). (2) Electric utility The term electric utility has the meaning given such term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (3) State regulatory authority The term State regulatory authority has the meaning given such term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ).

Passed the House of Representatives September 29, 2020. Cheryl L. Johnson, Clerk.