,,ii #aaeth ,,congress #ast ,session ,s4 #gi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #aj1 #bjag,mr4 ,king 7for himself1 ,mr4 ,risch1 ,mr4 ,heinrich1 ,ms4 ,collins1 and ,mr4 ,crapo7 introduced the following bill2 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 sector4 #a4 ,short title ,this ,act may be cited as the ,securing ,energy ,infrastructure ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,covered entity ,the term covered entity means an entity identified pursuant to section #i7;a7 of ,executive ,order #acfcf of ,february #ab1 #bjac 7#gh ,fed4 ,reg4 #aagdb7 relating to identification of critical infrastructure where a cybersecurity incident could reasonably result in catastrophic regional or national effects on public health or safety1 economic security1 or national security4 7#b7 ,exploit ,the term exploit means a software tool designed to take advantage of a security vulnerability4 7#c7 ,industrial control system 7,a7 ,in general ,the term industrial control system means an operational technology used to measure1 control1 or manage industrial functions4 7,b7 ,inclusions ,the term industrial control system includes supervisory control and data acquisition systems1 distributed control systems1 and programmable logic or embedded controllers4 7#d7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#e7 ,program ,the term ,program means the pilot program established under section #c4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#g7 ,security vulnerability ,the term security vulnerability means any attribute of hardware1 software1 process1 or procedure that could enable or facilitate the defeat of a security control4 #c4 ,pilot program for securing energy infrastructure ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a #b-year control systems implementation pilot program within the ,national ,laboratories for the purposes of-- 7#a7 partnering with covered entities in the energy sector 7including critical component manufacturers in the supply chain7 that voluntarily participate in the ,program to identify new classes of security vulnerabilities of the covered entities2 and 7#b7 researching1 developing1 testing1 and implementing technology platforms and standards1 in partnership with covered entities1 to isolate and defend industrial control systems of covered entities from security vulnerabilities and exploits in the most critical systems of the covered entities1 including-- 7,a7 analog and non-digital control systems2 7,b7 purpose-built control systems2 and 7,c7 physical controls4 #d4 ,working group 7a7 ,establishment ,the ,secretary shall establish a working group-- 7#a7 to evaluate the technology platforms and standards used in the ,program under section #c7b72 and 7#b7 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 entities4 7b7 ,membership ,the working group established under subsection 7a7 shall be composed of not fewer than #aj members1 to be appointed by the ,secretary1 at least #a member of which shall represent each of the following3 7#a7 ,the ,department of ,energy4 7#b7 ,the energy industry1 including electric utilities and manufacturers recommended by the ,energy ,sector coordinating councils4 7#c7 7,a7 ,the ,department of ,homeland ,security2 or 7,b7 the ,industrial ,control ,systems ,cyber ,emergency ,response ,team4 7#d7 ,the ,north ,american ,electric ,reliability ,corporation4 7#e7 ,the ,nuclear ,regulatory ,commission4 7#f7 7,a7 ,the ,office of the ,director of ,national ,intelligence2 or 7,b7 the intelligence community 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc774 7#g7 7,a7 ,the ,department of ,defense2 or 7,b7 the ,assistant ,secretary of ,defense for ,homeland ,security and ,america's ,security ,affairs4 7#h7 ,a ,state or regional energy agency4 7#i7 ,a national research body or academic institution4 7#aj7 ,the ,national ,laboratories4 #e4 ,report ,not later than #b years after the date on which funds are first disbursed under the ,program1 the ,secretary shall submit to the appropriate committees of ,congress a final report that-- 7#a7 describes the results of the ,program2 7#b7 includes an analysis of the feasibility of each method studied under the ,program2 and 7#c7 describes the results of the evaluations conducted by the working group established under section #d7;a74 #f4 ,no new regulatory authority ,nothing in this ,act authorizes the ,secretary or the head of any other ,federal agency to issue new regulations4 #g4 ,exemption from disclosure ,information shared by or with the ,federal ,government or a ,state1 tribal1 or local government under this ,act shall be-- 7#a7 deemed to be voluntarily shared information2 and 7#b7 exempt from disclosure under any provision of ,federal1 ,state1 tribal1 or local freedom of information law1 open government law1 open meetings law1 open records law1 sunshine law1 or similar law requiring the disclosure of information or records4 #h4 ,protection from liability 7a7 ,in general ,a cause of action against a covered entity for engaging in the voluntary activities authorized under section #c-- 7#a7 shall not lie or be maintained in any court2 and 7#b7 shall be promptly dismissed by the applicable court4 7b7 ,voluntary activities ,nothing in this ,act subjects any covered entity to liability for not engaging in the voluntary activities authorized under section #c4 #i4 ,authorization of appropriations 7a7 ,pilot ,program ,there is authorized to be appropriated #aj1jjj1jjj to carry out section #c4 7b7 ,working ,group and ,report ,there is authorized to be appropriated #a1ejj1jjj to carry out sections #d and #e4 7c7 ,availability ,amounts made available under subsections 7a7 and 7b7 shall remain available until expended4