,,ii #aafth ,,congress #ast ,session ,s4 #beef ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bf1 #bjai ,ms4 ,murkowski 7for herself1 ,mr4 ,manchin1 ,mr4 ,risch1 ,ms4 ,cantwell1 and ,mr4 ,king7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,federal ,power ,act to provide energy cybersecurity investment incentives1 to establish a grant and technical assistance program for cybersecurity investments1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,resources ,on ,the ,electric grid with ,cybersecurity ,technology ,act of #bjai or the ,,protect ,act of #bjai4 #b4 ,incentives for advanced cybersecurity technology investment ,part ,,ii of the ,federal ,power ,act is amended by inserting after section #bai 7#af ,u4,s4,c4 #hbds7 the following3 #bai;,a4 ,incentives for cybersecurity investments 7a7 ,definitions ,in this section3 7#a7 ,advanced cybersecurity technology ,the term advanced cybersecurity technology means any technology1 operational capability1 or service1 including computer hardware1 software1 or a related asset1 that enhances the security posture of public utilities through improvements in the ability to protect against1 detect1 respond to1 or recover from a cybersecurity threat 7as defined in section #ajb of the ,cybersecurity ,act of #bjae 7#f ,u4,s4,c4 #aeja774 7#b7 ,advanced cybersecurity technology information ,the term advanced cybersecurity technology information means information relating to advanced cybersecurity technology or proposed advanced cybersecurity technology that is generated by or provided to the ,commission or another ,federal agency4 7b7 ,study ,not later than #ahj days after the date of enactment of this section1 the ,commission1 in consultation with the ,secretary of ,energy1 the ,north ,american ,electric ,reliability ,corporation1 the ,electricity ,subsector ,coordinating ,council1 and the ,national ,association of ,regulatory ,utility ,commissioners1 shall conduct a study to identify incentive-based1 including performance-based1 rate treatments for the transmission of electric energy subject to the jurisdiction of the ,commission that could be used to encourage-- 7#a7 investment by public utilities in advanced cybersecurity technology2 and 7#b7 participation by public utilities in cybersecurity threat information sharing programs4 7c7 ,incentive-,based rate treatment ,not later than #a year after the completion of the study under subsection 7b71 the ,commission shall establish1 by rule1 incentive-based1 including performance-based1 rate treatments for the transmission of electric energy in interstate commerce by public utilities for the purpose of benefitting consumers by encouraging-- 7#a7 investments by public utilities in advanced cybersecurity technology2 and 7#b7 participation by public utilities in cybersecurity threat information sharing programs4 7d7 ,factors for consideration ,in issuing the rule pursuant to this section1 the ,commission may provide additional incentives beyond those identified in subsection 7c7 in any case in which the ,commission determines that an investment in advanced cybersecurity technology or information sharing program costs will reduce cybersecurity risks to-- 7#a7 defense critical electric infrastructure 7as defined in section #bae;,a7a77 and other facilities subject to the jurisdiction of the ,commission that are critical to public safety1 national defense1 or homeland security1 as determined by the ,commission in consultation with-- 7,a7 the ,secretary of ,energy2 and 7,b7 appropriate ,federal agencies2 and 7#b7 facilities of small- or medium-sized public utilities with limited cybersecurity resources1 as determined by the ,commission4 7e7 ,ratepayer protection ,any rate approved under the rule issued pursuant to this section1 including any revisions to that rule1 shall be subject to the requirements of sections #bje and #bjf that all rates1 charges1 terms1 and conditions-- 7#a7 shall be just and reasonable2 and 7#b7 shall not be unduly discriminatory or preferential4 7f7 ,single-,issue rate filings ,the ,commission shall permit public utilities to apply for incentive-based rate treatment under the rule issued under this section on a single-issue basis by submitting to the ,commission a tariff schedule under section #bje that permits recovery of costs and incentives over the depreciable life of the applicable assets1 without regard to changes in receipts or other costs of the public utility4 7g7 ,protection of information ,advanced cybersecurity technology information that is provided to1 generated by1 or collected by the ,federal ,government under subsection 7b71 7c71 or 7f7 shall be considered to be critical electric infrastructure information under section #bae;,a4 4 #c4 ,rural and municipal utility advanced cybersecurity grant and technical assistance program 7a7 ,definitions ,in this section3 7#a7 ,advanced cybersecurity technology ,the term advanced cybersecurity technology means any technology1 operational capability1 or service1 including computer hardware1 software1 or a related asset1 that enhances the security posture of electric utilities through improvements in the ability to protect against1 detect1 respond to1 or recover from a cybersecurity threat 7as defined in section #ajb of the ,cybersecurity ,act of #bjae 7#f ,u4,s4,c4 #aeja774 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a rural electric cooperative2 7,b7 a utility owned by a political subdivision of a ,state1 such as a municipally owned electric utility2 7,c7 a utility owned by any agency1 authority1 corporation1 or instrumentality of one or more political subdivisions of a ,state2 and 7,d7 a not-for-profit entity that is in a partnership with not fewer than #f entities described in subparagraph 7,a71 7,b71 or 7,c74 7#c7 ,program ,the term ,program means the ,rural and ,municipal ,utility ,advanced ,cybersecurity ,grant and ,technical ,assistance ,program established under subsection 7b74 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,federal ,energy ,regulatory ,commission1 the ,north ,american ,electric ,reliability ,corporation1 and the ,electricity ,subsector ,coordinating ,council1 shall establish a program1 to be known as the ,rural and ,municipal ,utility ,advanced ,cybersecurity ,grant and ,technical ,assistance ,program1 to provide grants and technical assistance to1 and enter into cooperative agreements with1 eligible entities to protect against1 detect1 respond to1 and recover from cybersecurity threats4 7c7 ,objectives ,the objectives of the ,program shall be-- 7#a7 to deploy advanced cybersecurity technologies for electric utility systems2 and 7#b7 to increase the participation of eligible entities in cybersecurity threat information sharing programs4 7d7 ,awards 7#a7 ,in general ,the ,secretary-- 7,a7 shall award grants and provide technical assistance under the ,program to eligible entities on a competitive basis2 7,b7 shall develop criteria and a formula for awarding grants and providing technical assistance under the ,program2 7,c7 may enter into cooperative agreements with eligible entities that can facilitate the objectives described in subsection 7c72 and 7,d7 shall establish a process to ensure that all eligible entities are informed about and can become aware of opportunities to receive grants or technical assistance under the ,program4 7#b7 ,priority for grants and technical assistance ,in awarding grants and providing technical assistance under the ,program1 the ,secretary shall give priority to an eligible entity that1 as determined by the ,secretary-- 7,a7 has limited cybersecurity resources2 7,b7 owns assets critical to the reliability of the bulk power system2 or 7,c7 owns defense critical electric infrastructure 7as defined in section #bae;,a7a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo-#a7;a7774 7e7 ,protection of information ,information provided to1 or collected by1 the ,federal ,government under this section-- 7#a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7#b7 shall not be made available by any ,federal agency1 ,state1 political subdivision of a ,state1 or ,tribal authority under any applicable law requiring public disclosure of information or records4 7f7 ,funding ,there is authorized to be appropriated to carry out this section #ej1jjj1jjj for each of fiscal years #bjbj through #bjbd1 to remain available until expended4