[Congressional Record Volume 164, Number 200 (Wednesday, December 19, 2018)]
[Senate]
[Pages S7953-S7954]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SECURING ENERGY INFRASTRUCTURE ACT
Mr. BOOZMAN. I ask unanimous consent that the Senate proceed to the
immediate consideration of Calendar No. 410, S. 79.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 79) to provide for the establishment of a pilot
program to identify security vulnerabilities of certain
entities in the energy sector.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Energy and Natural
Resources, with an amendment to strike all after the enacting clause
and insert in lieu thereof the following:
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
[[Page S7954]]
(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.
Mr. BOOZMAN. I ask unanimous consent that the committee-reported
substitute amendment be agreed to and that the bill, as amended, be
considered read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
agreed to.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. BOOZMAN. I know of no further debate on the bill.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall the bill pass?
The bill (S. 79), as amended, was passed.
Mr. BOOZMAN. I ask unanimous consent that the motion to reconsider be
considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________