II
115th CONGRESS
2d Session
S. 2444
IN THE SENATE OF THE UNITED STATES
February 15, 2018
Ms. Cantwell (for herself and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To provide for enhanced energy grid security.
Short title
This Act may be cited as the Energy Cybersecurity Act of 2018
.
Definitions
In this Act:
Department
The term Department means the Department of Energy.
Electric utility
The term electric utility has the meaning given the term in section 3 of the Federal Power Act (16 U.S.C. 796).
ES–ISAC
The term ES–ISAC means the Electricity Sector Information Sharing and Analysis Center.
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).
Secretary
The term Secretary means the Secretary of Energy.
Enhanced grid security
Cybersecurity for the energy sector research, development, and demonstration program
In general
The Secretary, in consultation with appropriate Federal agencies, the energy sector, the States, and other stakeholders, shall carry out a program—
to develop advanced cybersecurity applications and technologies for the energy sector—
to identify and mitigate vulnerabilities, including—
dependencies on other critical infrastructure; and
impacts from weather and fuel supply; and
to advance the security of field devices and third-party control systems, including—
systems for generation, transmission, distribution, end use, and market functions;
specific electric grid elements including advanced metering, demand response, distributed generation, and electricity storage;
forensic analysis of infected systems; and
secure communications;
to leverage electric grid architecture as a means to assess risks to the energy sector, including by implementing an all-hazards approach to communications infrastructure, control systems architecture, and power systems architecture;
to perform pilot demonstration projects with the energy sector to gain experience with new technologies; and
to develop workforce development curricula for energy sector-related cybersecurity.
Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $65,000,000 for each of fiscal years 2018 through 2026.
Energy sector component testing for cyberresilience program
In general
The Secretary shall carry out a program—
to establish a cybertesting and mitigation program to identify vulnerabilities of energy sector supply chain products to known threats;
to oversee third-party cybertesting; and
to develop procurement guidelines for energy sector supply chain components.
Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2018 through 2026.
Energy sector operational support for cyberresilience program
In general
The Secretary may carry out a program—
to enhance and periodically test—
the emergency response capabilities of the Department; and
the coordination of the Department with other agencies, the National Laboratories, and private industry;
to expand cooperation of the Department with the intelligence communities for energy sector-related threat collection and analysis;
to enhance the tools of the Department and ES–ISAC for monitoring the status of the energy sector;
to expand industry participation in ES–ISAC; and
to provide technical assistance to small electric utilities for purposes of assessing cybermaturity level.
Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2018 through 2026.
Modeling and assessing energy infrastructure risk
In general
The Secretary shall develop an advanced energy security program to secure energy networks, including electric, natural gas, and oil exploration, transmission, and delivery.
Security and resiliency objective
The objective of the program developed under paragraph (1) is to increase the functional preservation of the electric grid operations or natural gas and oil operations in the face of natural and human-made threats and hazards, including electric magnetic pulse and geomagnetic disturbances.
Eligible activities
In carrying out the program developed under paragraph (1), the Secretary may—
develop capabilities to identify vulnerabilities and critical components that pose major risks to grid security if destroyed or impaired;
provide modeling at the national level to predict impacts from natural or human-made events;
develop a maturity model for physical security and cybersecurity;
conduct exercises and assessments to identify and mitigate vulnerabilities to the electric grid, including providing mitigation recommendations;
conduct research hardening solutions for critical components of the electric grid;
conduct research mitigation and recovery solutions for critical components of the electric grid; and
provide technical assistance to States and other entities for standards and risk analysis.
Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2018 through 2026.
Leveraging existing programs
The programs established under this section shall be carried out consistent with—
the report of the Department entitled Roadmap to Achieve Energy Delivery Systems Cybersecurity
and dated 2011;
existing programs of the Department; and
any associated strategic framework that links together academic and National Laboratory researchers, electric utilities, manufacturers, and any other relevant private industry organizations, including the Electricity Sub-Sector Coordinating Council.
Study
In general
Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Federal Energy Regulatory Commission and the North American Electric Reliability Corporation, shall conduct a study to explore alternative management structures and funding mechanisms to expand industry membership and participation in ES–ISAC.
Report
The Secretary shall submit to the appropriate committees of Congress a report describing the results of the study conducted under paragraph (1).