[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5313 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5313

    To require the Federal Energy Regulatory Commission to consider 
  cybersecurity risks from quantum computers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 6, 2026

 Mr. Coons (for himself and Mr. Rounds) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To require the Federal Energy Regulatory Commission to consider 
  cybersecurity risks from quantum computers, and for other purposes.

    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 ``Quantum Grid Utility Assurance and 
Resilient Defense Act of 2026'' or the ``Quantum-GUARD Act of 2026''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Bulk-power system.--The term ``bulk-power system'' has 
        the meaning given the term in section 215(a) of the Federal 
        Power Act (16 U.S.C. 824o(a)).
            (2) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (3) Electric reliability organization.--The term ``Electric 
        Reliability Organization'' has the meaning given the term in 
        section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
            (4) High-value.--The term ``high-value'', with respect to 
        an IT or OT system, means that the system is so critical to an 
        organization that the loss or corruption of information within 
        the system or loss of access to the system would have serious 
        impacts on the ability of the organization to perform its 
        mission or conduct business.
            (5) Information technology; it.--
                    (A) In general.--The term ``information 
                technology'' or ``IT'' means any equipment or 
                interconnected system or subsystem of equipment used in 
                the automatic acquisition, storage, analysis, 
                evaluation, manipulation, management, movement, 
                control, display, switching, interchange, transmission, 
                or reception of data or information.
                    (B) Inclusions.--The term ``information 
                technology'' or ``IT'' includes, at a minimum, 
                computers, ancillary equipment (including imaging 
                peripherals, input, output, and storage devices 
                necessary for security and surveillance), peripheral 
                equipment designed to be controlled by the central 
                processing unit of a computer, software, firmware and 
                similar procedures, services (including support 
                services), and related resources.
            (6) Operational technology; ot.--
                    (A) In general.--The term ``operational 
                technology'' or ``OT'' means any programmable system or 
                device that--
                            (i) interacts with the physical environment 
                        (or manages devices that interact with the 
                        physical environment); and
                            (ii) detects or causes a direct change 
                        through the monitoring or control of devices, 
                        processes, or events.
                    (B) Inclusions.--The term ``operational 
                technology'' or ``OT'' includes, at a minimum, 
                industrial control systems, building management 
                systems, fire control systems, and physical access 
                control mechanisms.
            (7) Post-quantum cryptography; pqc.--The term ``post-
        quantum cryptography'' or ``PQC'' means cryptographic 
        algorithms or methods that are assessed not to be specifically 
        vulnerable to attack by any of--
                    (A) a quantum computer (as defined in section 3 of 
                the Quantum Computing Cybersecurity Preparedness Act (6 
                U.S.C. 1526 note; Public Law 117-260)); or
                    (B) a classical computer (as defined in that 
                section).
            (8) PQC sandbox.--The term ``PQC sandbox'' means a program 
        for innovation and development with respect to the use of post-
        quantum cryptography in IT and OT applications for the electric 
        grid that--
                    (A) assembles relevant stakeholders, which may 
                include operators of the bulk-power system, IT and OT 
                vendors, relevant Federal agencies, relevant State and 
                local organizations, and distribution utilities (as 
                defined in section 217(a) of the Federal Power Act (16 
                U.S.C. 824q(a)));
                    (B) addresses challenges in PQC cybersecurity 
                development and adoption;
                    (C) prioritizes activities that support, encourage, 
                or enable PQC integration into--
                            (i) existing systems; and
                            (ii) during the 5-year period beginning on 
                        the date of enactment of this Act, systems that 
                        are expected to be deployed within that 5-year 
                        period;
                    (D) may include briefings, workshops, software 
                challenges, hardware modeling, grid simulations, or 
                red-teaming exercises; and
                    (E) may be used to develop and test demonstrations, 
                proofs of concept, interoperability between IT and OT 
                systems, and pilot applications.
            (9) Reliability standard.--The term ``reliability 
        standard'' has the meaning given the term in section 215(a) of 
        the Federal Power Act (16 U.S.C. 824o(a)).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy, acting through the Office of Cybersecurity, Energy 
        Security, and Emergency Response.

SEC. 3. FERC CONSIDERATION OF CYBERSECURITY RISKS FROM QUANTUM 
              COMPUTERS.

    Beginning on the date of enactment of this Act, in reviewing a 
proposed reliability standard, or a proposed modification to a 
reliability standard, under section 215 of the Federal Power Act (16 
U.S.C. 824o) or issuing an order under subsection (d)(5) of that 
section, the Commission shall--
            (1) consider--
                    (A) cybersecurity risks from quantum computers; and
                    (B) potential uses of post-quantum cryptography in 
                IT and OT systems to protect against those risks; and
            (2) take such action the Commission determines to be 
        appropriate based on that consideration.

SEC. 4. DOE PQC SANDBOX.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall establish a PQC sandbox.
    (b) Collaboration.--In establishing and maintaining the PQC sandbox 
under subsection (a), the Secretary may collaborate, as appropriate, 
with appropriate officials at other Federal agencies.
    (c) Outreach.--Not later than 3 years after the date of enactment 
of this Act, the Secretary shall publish a report describing the 
outcomes of, and recommendations arising from, PQC sandbox activities, 
to encourage PQC adoption by operators of the bulk-power system.

SEC. 5. PQC REPORT.

    (a) Study.--The Secretary, in consultation with the Electric 
Reliability Organization and other appropriate organizations, shall 
conduct a study of cybersecurity risks to the bulk-power system from 
quantum computers, including, at minimum--
            (1) risks to IT and OT systems; and
            (2) obstacles to transitioning high-value IT and OT systems 
        to PQC.
    (b) Requirements.--In conducting the study under subsection (a), 
the Secretary shall--
            (1) develop recommendations for actions that the Commission 
        could take to ensure reliable operations of the bulk-power 
        system; and
            (2) to the extent practicable, correlate the high-value IT 
        and OT systems considered in the study with appropriate 
        categories based on reliability standards, such as impact 
        categories relating to the Bulk Electric System (as defined by 
        the Electric Reliability Organization), so the results of the 
        study may be readily applied by the Electric Reliability 
        Organization.
    (c) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives a report on the study required under subsection 
        (a).
            (2) Form.--The report required under paragraph (1) shall be 
        in unclassified form, but may include a classified annex.
            (3) Public availability.--The Secretary shall make 
        available to the public the unclassified portion of the report 
        required under paragraph (1).
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