[House Report 117-94]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {       117-94

======================================================================



 
                    ENERGY EMERGENCY LEADERSHIP ACT

                                _______
                                

 July 19, 2021.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3119]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 3119) to amend the Department of Energy 
Organization Act with respect to functions assigned to 
Assistant Secretaries, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                     Page
  I. Purpose and Summary..............................................  1
 II. Background and Need for the Legislation..........................  2
III. Committee Hearings...............................................  4
 IV. Committee Consideration..........................................  4
  V. Committee Votes..................................................  5
 VI. Oversight Findings...............................................  5
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures  5
VIII.Federal Mandates Statement.......................................  5
 
 IX. Statement of General Performance Goals and Objectives............  5
  X. Duplication of Federal Programs..................................  5
 XI. Committee Cost Estimate..........................................  6
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......  6
XIII.Advisory Committee Statement.....................................  6

XIV. Applicability to Legislative Branch..............................  6
 XV. Section-by-Section Analysis of the Legislation...................  6
XVI. Changes in Existing Law Made by the Bill, as Reported............  6

                         I. Purpose and Summary

    H.R. 3119, the ``Energy Emergency Leadership Act'', amends 
the Department of Energy Organization Act to include energy 
emergency and energy security among the functions that the 
Department of Energy (DOE) Secretary shall assign to an 
Assistant Secretary.
    H.R. 3119 provides that the functions to be assigned to an 
Assistant Secretary include responsibilities with respect to 
infrastructure, cybersecurity, emerging threats, supply and 
emergency planning, coordination, response, and restoration. It 
also provides that these functions include the provision of 
technical assistance, support, and response capabilities with 
respect to energy sector threats, risks, and incidents to 
State, local, and Tribal governments, and the energy sector. 
Finally, H.R. 3119 requires the Secretary of Energy (the 
Secretary) to ensure that the departmental functions added by 
this legislation are performed in coordination with relevant 
Federal agencies, such as the Department of Homeland Security.

                II. Background and Need for Legislation

    The United States maintains one of the most advanced and 
complex energy infrastructures in the world. This includes an 
extensive system transporting oil, natural gas, and refined 
product to consumers. It involves the storage capacity of more 
than 600 million barrels of oil and the storage of for natural 
gas equivalent to nearly 2 months of U.S. consumption. This 
also includes the vast, complex electricity systems that 
deliver uninterrupted power from producers to consumers. These 
intricate and highly interdependent systems enable every aspect 
of our daily lives.\1\ Our nation's economy, security, and the 
health and safety of its citizens depend upon the reliable and 
uninterrupted supply of fuels and electricity.
---------------------------------------------------------------------------
    \1\Department of Energy, Valuation of Energy Security for the 
United States (January 2017) (https://www.energy.gov/sites/prod/files/
2017/01/f34/Valuation%20of%20Energy%20Security%20
for%20the%20United%20States%20%28Full%20Report%29_1.pdf).
---------------------------------------------------------------------------
    The manner by which energy and power is generated, 
transmitted, and delivered continues to evolve in complexity. 
As advances in digital and information technologies layer onto 
existing practices and energy infrastructures, new risks 
emerge, and new vulnerabilities are exposed. Recent high-
profile attempts by foreign actors to infiltrate our nation's 
energy systems and infrastructure, including the successful 
ransomware attack on the Colonial Pipeline system, further 
highlight the need for legislation aimed at mitigating these 
significant and growing threats to the reliable supply of 
energy in the United States.

DOE's Authorities for Cybersecurity, Energy Security, and Emergency 
        Response

    When DOE was organized in 1977, energy security concerns 
revolved around oil supply shortages. As a result, energy 
security emergency functions in the Department of Energy 
Organization Act focused on distributing and allocating fuels 
in an emergency. Over time, these functions in DOE's organic 
statute remained largely unchanged; however, DOE's 
responsibilities and authorities have evolved substantially 
beyond what was envisioned 40 years ago. Energy delivery 
systems have become increasingly interconnected and digitized, 
while society has become more dependent on energy in all its 
forms--expanding the opportunities for cybersecurity threats 
and other hazards that may require emergency response.
    Today, the mission of DOE to advance the national, 
economic, and energy security of the United States requires it 
to act as the lead agency for the protection of electric power, 
oil, and natural gas infrastructure. DOE has authority and 
responsibilities for the physical and cybersecurity of energy 
delivery systems from laws that Congress has passed and 
Presidential directives. Congress has provided DOE with a wide 
range of emergency response and cybersecurity authorities 
affecting multiple segments of the energy sector, including in 
the Department of Energy Organization Act, the Energy Policy 
and Conservation Act, the Natural Gas Act, the Federal Power 
Act (FPA), the Defense Production Act, and most recently with 
the Fixing America's Transportation Act (FAST Act).
    The FAST Act, which was signed into law in 2015, designated 
DOE as the Sector-Specific Agency (SSA) for the energy sector 
and provided the Department with several new energy security 
authorities to respond to physical and cyberattacks to energy 
systems. Section 61003 of the FAST Act amended the Federal 
Power Act to create a new section 215A entitled, ``Critical 
Electric Infrastructure Security.'' Section 215A of the FPA 
states that when the President issues or provides to the 
Secretary of Energy a written directive or determination 
identifying a grid security emergency, the Secretary may, with 
or without notice, hearing, or report, issue orders for 
emergency measures to protect or restore the reliability of 
critical electric infrastructure or of defense critical 
electric infrastructure during an emergency.\2\
---------------------------------------------------------------------------
    \2\Federal Power Act Sec. 215A, 16 U.S.C. Sec. Sec. 824o-1.
---------------------------------------------------------------------------
    DOE's cybersecurity roles and responsibilities are also 
guided by the Federal Government's operational framework, as 
provided by the Presidential Policy Directive 41 (PPD-41) 
issued in 2016 addressing ``United States Cyber Incident 
Coordination.'' A primary purpose of PPD-41 is to improve 
coordination across the Federal Government by clarifying roles 
and responsibilities. Under the PPD-41 framework, DOE serves as 
the lead agency for the energy sector, coordinating closely 
with other agencies and the private sector to facilitate the 
response, recovery, and restoration of damaged energy 
infrastructure.

DOE Leadership in Energy Supply Emergencies

    As the Energy SSA and pursuant to its other statutory 
authorities relating to the supply and delivery of energy, DOE 
coordinates with multiple Federal and State agencies and 
collaborates with energy infrastructure owners and operators on 
activities associated with identifying vulnerabilities, 
mitigating incidents that may impact the energy sector, and 
assisting with preparation, recovery, or restoration to ensure 
the supply of energy in emergencies.
    During the past two presidential administrations, DOE has 
strengthened these energy emergency functions, including for 
preparedness, response, and restoration of energy systems 
against all hazards. The growing interconnectedness of energy 
systems and the surpassing national importance of ensuring the 
supply and delivery of energy against cyber threats, however, 
underscore the need to further consolidate and elevate the 
Department's energy emergency functions which, as noted above, 
have not been updated since 1977.\3\
---------------------------------------------------------------------------
    \3\For example, at the end of his tenure, which included reforms to 
the Department's emergency management programs, Secretary Ernest Moniz 
noted the need to further reorganize and consolidate the Department's 
emergency programs in his ``Cabinet Exit Memo,'' Department of Energy, 
Cabinet Exit Memo of Secretary Ernest Moniz Memo (Jan. 5, 2017) 
(https://www.energy.gov/sites/prod/files/2017/01/f34/
Department%20of%20Energy%20Cabinet%20Exit%
20Memo.pdf).
---------------------------------------------------------------------------
    In keeping with this, on February 14, 2018, the Secretary 
of Energy announced establishment of a new Office of 
Cybersecurity, Energy Security, and Emergency Response (CESER) 
at DOE, noting
          DOE plays a vital role in protecting our Nation's 
        energy infrastructure from cyber threats, physical 
        attack and natural disaster. . . This new office best 
        positions the Department to address the emerging 
        threats of tomorrow while protecting the reliable flow 
        of energy to Americans today.\4\
---------------------------------------------------------------------------
    \4\Department of Energy, Secretary of Energy Rick Perry Forms New 
Office of Cybersecurity, Energy Security, and Emergency Response. (Feb. 
14, 2018) (press release) (https://www.energy.gov/articles/secretary-
energy-rick-perry-forms-new-office-cybersecurity-energy-security-and-
emergency).
---------------------------------------------------------------------------
    The CESER office focuses on energy infrastructure security, 
supporting the expanded national security responsibilities 
assigned to DOE. Currently, CESER is led by Acting Principal 
Deputy Assistant Secretary Puesh M. Kumar, who reports to the 
Under Secretary of Energy. DOE, through CESER, mobilized in May 
2021 to respond to a ransomware attack on the Colonial Pipeline 
Company. CESER provided situational awareness and impact 
analysis to industry and state partners and coordinated the 
whole-of-government response to help restore service on the 
Colonial Pipeline.\5\
---------------------------------------------------------------------------
    \5\Department of Energy, Colonial Pipeline Cyber Incident (https://
www.energy.gov/index.php/ceser/colonial-pipeline-cyber-incident).
---------------------------------------------------------------------------
    H.R. 3119 would further enhance the execution of this core 
energy emergency mission by establishing in statute the 
assistant secretary-level leadership of DOE's emergency 
response and cybersecurity functions. Given the critical role 
DOE serves for the nation to coordinate, prepare for, and 
respond to all hazards to the supply of energy, including 
cybersecurity, such assistant secretary-level leadership will 
strengthen coordination across the department, ensure more 
effective interagency collaborations, and increase 
accountability to Congress.
    H.R. 3119, by establishing energy emergency leadership 
explicitly in the Department of Energy Organization Act, 
ensures the benefits of elevated leadership over the relevant 
missions will endure.

                        III. Committee Hearings

    For the purposes of section 3(c) of rule XIII of the Rules 
of the House of Representatives, the following hearing was used 
to develop or consider H.R. 3119: The Subcommittee on Energy 
held a hearing on May 19, 2021, entitled ``The Fiscal Year 2022 
DOE Budget.'' The Subcommittee received testimony from the 
following witness:
           The Honorable Jennifer M. Granholm, 
        Secretary, Department of Energy

                      IV. Committee Consideration

    H.R. 3119, the ``Energy Emergency Leadership Act'', was 
introduced on May 11, 2021, by Representative Rush (D-IL) and 
one other original cosponsor and was referred to the Committee 
on Energy and Commerce. It was then referred to the 
Subcommittee on Energy on May 12, 2021. H.R. 3119 was 
discharged from the Subcommittee on Energy on June 9, 2021.
    The full Committee met in virtual open markup session, 
pursuant to notice, to consider H.R. 3119 and five other bills 
on June 10, 2021. No amendments were offered during 
consideration of H.R. 3119. Representative Pallone, Chairman of 
the committee, offered a motion to order H.R. 3119 reported 
favorably to the House, without amendment. The motion on final 
passage was agreed to by a voice vote, a quorum being present.

                           V. Committee Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. There were no record votes taken in connection with 
ordering H.R. 3119 reported.

                         VI. Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to ensure 
more effective implementation of the Department of Energy's 
energy emergency and cybersecurity responsibilities.

                   X. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 3119 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 3119 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                XIV. Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 provides That the Act may be sited as the 
``Energy Emergency Leadership Act''.

Sec. 2. Functions assigned to Assistant Secretaries

            (a) In General.
    Section 2(a) amends the Department of Energy Organization 
Act to include energy emergency and energy security among the 
functions that the Secretary shall assign to an Assistant 
Secretary; provides that these functions include 
responsibilities with respect to infrastructure, cybersecurity, 
emerging threats, supply and emergency planning, coordination, 
response, and restoration; and provides that these functions 
also include the provision of technical assistance, support, 
and response capabilities with respect to energy security 
threats, risks, and incidents to State, local, and Tribal 
governments and the energy sector.
            (b) Coordination.
    Section 2(b) requires the Secretary to ensure that the 
functions of the Secretary described in subsection (a) of this 
Act are performed in coordination with relevant Federal 
agencies.

       XVI. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                 DEPARTMENT OF ENERGY ORGANIZATION ACT




           *       *       *       *       *       *       *
TITLE II--ESTABLISHMENT OF THE DEPARTMENT

           *       *       *       *       *       *       *



                         assistant secretaries

  Sec. 203. (a) There shall be in the Department 8 Assistant 
Secretaries, each of whom shall be appointed by the President, 
by and with the advice and consent of the Senate; who shall be 
compensated at the rate provided for at level IV of the 
Executive Schedule under section 5315 of title 5, United States 
Code; and who shall perform, in accordance with applicable law, 
such of the functions transferred or delegated to, or vested 
in, the Secretary as he shall prescribe in accordance with the 
provisions of this Act. The functions which the Secretary shall 
assign to the Assistant Secretaries include, but are not 
limited to, the following:
          (1) Energy resource applications, including functions 
        dealing with management of all forms of energy 
        production and utilization, including fuel supply, 
        electric power supply, enriched uranium production, 
        energy technology programs, and the management of 
        energy resource leasing procedures on Federal lands.
          (2) Energy research and development functions, 
        including the responsibility for policy and management 
        of research and development for all aspects of--
                  (A) solar energy resources;
                  (B) geothermal energy resources;
                  (C) recycling energy resources;
                  (D) the fuel cycle for fossil energy 
                resources; and
                  (E) the fuel cycle for nuclear energy 
                resources.
          (3) Environmental responsibilities and functions, 
        including advising the Secretary with respect to the 
        conformance of the Department's activities to 
        environmental protection laws and principles, and 
        conducting a comprehensive program of research and 
        development on the environmental effects of energy 
        technologies and programs.
          (4) International programs and international policy 
        functions, including those functions which assist in 
        carrying out the international energy purposes 
        described in section 102 of this Act.
          (6) Intergovernmental policies and relations 
        including responsibilities for assuring that national 
        energy policies are reflective of and responsible to 
        the needs of State and local governments, and for 
        assuring that other components of the Department 
        coordinate their activities with State and local 
        governments, where appropriate, and develop 
        intergovernmental communications with State and local 
        governments.
          (7) Competition and consumer affairs, including 
        responsibilities for the promotion of competition in 
        the energy industry and for the protection of the 
        consuming public in the energy policymaking processes, 
        and assisting the Secretary in the formulation and 
        analysis of policies, rules, and regulations relating 
        to competition and consumer affairs.
          (8) Nuclear waste management responsibilities, 
        including--
                  (A) the establishment of control over 
                existing Government facilities for the 
                treatment and storage of nuclear wastes, 
                including all containers, casks, buildings, 
                vehicles, equipment, and all other materials 
                associated with such facilities;
                  (B) the establishment of control over all 
                existing nuclear waste in the possession or 
                control of the Government and all commercial 
                nuclear waste presently stored on other than 
                the site of a licensed nuclear power electric 
                generating facility, except that nothing in 
                this paragraph shall alter or effect title to 
                such waste;
                  (C) the establishment of temporary and 
                permanent facilities for storage, management, 
                and ultimate disposal of nuclear wastes;
                  (D) the establishment of facilities for the 
                treatment of nuclear wastes;
                  (E) the establishment of programs for the 
                treatment, management, storage, and disposal of 
                nuclear wastes;
                  (F) the establishment of fees or user charges 
                for nuclear waste treatment or storage 
                facilities, including fees to be charged 
                Government agencies; and
                  (G) the promulgation of such rules and 
                regulations to implement the authority 
                described in this paragraph,
        except that nothing in this section shall be construed 
        as granting to the Department regulatory functions 
        presently within the Nuclear Regulatory Commission, or 
        any additional functions than those already conferred 
        by law.
          (9) Energy conservation functions, including the 
        development of comprehensive energy conservation 
        strategies for the Nation, the planning and 
        implementation of major research and demonstration 
        programs for the development of technologies and 
        processes to reduce total energy consumption, the 
        administration of voluntary and mandatory energy 
        conservation programs, and the dissemination to the 
        public of all available information on energy 
        conservation programs and measures.
          (10) Power marketing functions, including 
        responsibility for marketing and transmission of 
        Federal power.
          (11) Public and congressional relations functions, 
        including responsibilities for providing a continuing 
        liaison between the Department and the Congress and the 
        Department and the public.
          (12) Energy emergency and energy security functions, 
        including--
                  (A) responsibilities with respect to 
                infrastructure, cybersecurity, emerging 
                threats, supply, and emergency planning, 
                coordination, response, and restoration; and
                  (B) upon request of a State, local, or tribal 
                government or energy sector entity, and in 
                consultation with other Federal agencies as 
                appropriate, provision of technical assistance, 
                support, and response capabilities with respect 
                to energy security threats, risks, and 
                incidents.
  (b) At the time the name of any individual is submitted for 
confirmation to the position of Assistant Secretary, the 
President shall identify with particularity the function or 
functions described in subsection (a) (or any portion thereof) 
for which such individual will be responsible.

           *       *       *       *       *       *       *


                                  [all]