[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 174 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 174
To provide for the establishment of a pilot program to identify
security vulnerabilities of certain entities in the energy sector.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 17, 2019
Mr. King (for himself, Mr. Risch, Mr. Heinrich, Ms. Collins, and Mr.
Crapo) introduced the following bill; which was read twice and referred
to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for the establishment of a pilot program to identify
security vulnerabilities of certain entities in the energy sector.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Energy Infrastructure
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate committee of congress.--The term
``appropriate committee of Congress'' means--
(A) the Select Committee on Intelligence, the
Committee on Homeland Security and Governmental
Affairs, and the Committee on Energy and Natural
Resources of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Homeland Security, and the Committee
on Energy and Commerce of the House of Representatives.
(2) Covered entity.--The term ``covered entity'' means an
entity identified pursuant to section 9(a) of Executive Order
13636 of February 12, 2013 (78 Fed. Reg. 11742), relating to
identification of critical infrastructure where a cybersecurity
incident could reasonably result in catastrophic regional or
national effects on public health or safety, economic security,
or national security.
(3) Exploit.--The term ``exploit'' means a software tool
designed to take advantage of a security vulnerability.
(4) Industrial control system.--
(A) In general.--The term ``industrial control
system'' means an operational technology used to
measure, control, or manage industrial functions.
(B) Inclusions.--The term ``industrial control
system'' includes supervisory control and data
acquisition systems, distributed control systems, and
programmable logic or embedded controllers.
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term 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) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) Security vulnerability.--The term ``security
vulnerability'' means any attribute of hardware, software,
process, or procedure that could enable or facilitate the
defeat of a security control.
SEC. 3. PILOT PROGRAM FOR SECURING ENERGY INFRASTRUCTURE.
Not later than 180 days after the date of enactment of this Act,
the Secretary 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 energy sector
(including critical component manufacturers in the supply
chain) that voluntarily participate in the Program to identify
new classes of security vulnerabilities of the covered
entities; and
(2) evaluating technology and standards, in partnership
with covered entities, to isolate and defend industrial control
systems of covered entities from security vulnerabilities and
exploits in the most critical systems of the covered entities,
including--
(A) analog and nondigital control systems;
(B) purpose-built control systems; and
(C) physical controls.
SEC. 4. WORKING GROUP TO EVALUATE PROGRAM STANDARDS AND DEVELOP
STRATEGY.
(a) Establishment.--The Secretary shall establish a working group--
(1) to evaluate the technology and standards used in the
Program under section 3(2); and
(2) to develop a national cyber-informed engineering
strategy to isolate and defend covered entities 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
Secretary, at least 1 member of which shall represent each of the
following:
(1) The Department of Energy.
(2) The energy industry, including electric utilities and
manufacturers recommended by the Energy Sector coordinating
councils.
(3)(A) The Department of Homeland Security; or
(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 institution.
(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 Secretary 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
(3) describes the results of the evaluations conducted by
the working group established under section 4(a).
(b) Final Report.--Not later than 2 years after the date on which
funds are first disbursed under the Program, the Secretary shall submit
to the appropriate committees 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 conducted by
the working group established under section 4(a).
SEC. 6. EXEMPTION FROM DISCLOSURE.
Information shared by or with the Federal Government or a State,
Tribal, or local government under this Act shall be--
(1) deemed to be voluntarily shared information;
(2) exempt from disclosure under section 552 of title 5,
United States Code, or any provision of any State, Tribal, or
local freedom of information law, open government law, open
meetings law, open records law, sunshine law, or similar law
requiring the disclosure of information or records; and
(3) withheld from the public, without discretion, under
section 552(b)(3) of title 5, United States Code, or any
provision of a State, Tribal, or local law requiring the
disclosure of information or records.
SEC. 7. PROTECTION FROM LIABILITY.
(a) In General.--A cause of action against a covered entity for
engaging in the voluntary activities authorized under section 3--
(1) shall not lie or be maintained in any court; and
(2) shall be promptly dismissed by the applicable 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. 8. NO NEW REGULATORY AUTHORITY FOR FEDERAL AGENCIES.
Nothing in this Act authorizes the Secretary or the head of any
other department or agency of the Federal Government to issue new
regulations.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Pilot Program.--There is authorized to be appropriated
$10,000,000 to carry out section 3.
(b) Working Group and Report.--There is authorized to be
appropriated $1,500,000 to carry out sections 4 and 5.
(c) Availability.--Amounts made available under subsections (a) and
(b) shall remain available until expended.
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