(House of Representatives - July 18, 2017)

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[Congressional Record Volume 163, Number 121 (Tuesday, July 18, 2017)]
[Pages H5938-H5939]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                                OF 2017

  Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3050) to amend the Energy Policy and Conservation Act to provide 
Federal financial assistance to States to implement, review, and revise 
State energy security plans, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3050

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,


       This Act may be cited as the ``Enhancing State Energy 
     Security Planning and Emergency Preparedness Act of 2017''.


       (a) In General.--Part D of title III of the Energy Policy 
     and Conservation Act (42 U.S.C. 6321 et seq.) is amended by 
     adding at the end the following:


       ``(a) In General.--Federal financial assistance made 
     available to a State under this part may be used for the 
     implementation, review, and revision of a State energy 
     security plan that assesses the State's existing 
     circumstances and proposes methods to strengthen the ability 
     of the State, in consultation with owners and operators of 
     energy infrastructure in such State, to--
       ``(1) secure the energy infrastructure of the State against 
     all physical and cybersecurity threats;
       ``(2) mitigate the risk of energy supply disruptions to the 
     State and enhance the response to, and recovery from, energy 
     disruptions; and
       ``(3) ensure the State has a reliable, secure, and 
     resilient energy infrastructure.
       ``(b) Contents of Plan.--A State energy security plan 
     described in subsection (a) shall--
       ``(1) address all fuels, including petroleum products, 
     other liquid fuels, coal, electricity, and natural gas, as 
     well as regulated and unregulated energy providers;
       ``(2) provide a State energy profile, including an 
     assessment of energy production, distribution, and end-use;
       ``(3) address potential hazards to each energy sector or 
     system, including physical threats and cybersecurity threats 
     and vulnerabilities;
       ``(4) provide a risk assessment of energy infrastructure 
     and cross-sector interdependencies;
       ``(5) provide a risk mitigation approach to enhance 
     reliability and end-use resilience; and
       ``(6) address multi-State, Indian Tribe, and regional 
     coordination planning and response, and to the extent 
     practicable, encourage mutual assistance in cyber and 
     physical response plans.
       ``(c) Coordination.--In developing a State energy security 
     plan under this section, the energy office of the State 
     shall, to the extent practicable, coordinate with--
       ``(1) the public utility or service commission of the 
       ``(2) energy providers from the private sector; and
       ``(3) other entities responsible for maintaining fuel or 
     electric reliability.
       ``(d) Financial Assistance.--A State is not eligible to 
     receive Federal financial assistance under this part, for any 
     purpose, for a fiscal year unless the Governor of such State 
     submits to the Secretary, with respect to such fiscal year--
       ``(1) a State energy security plan described in subsection 
     (a) that meets the requirements of subsection (b); or
       ``(2) after an annual review of the State energy security 
     plan by the Governor--
       ``(A) any necessary revisions to such plan; or
       ``(B) a certification that no revisions to such plan are 
       ``(e) Technical Assistance.--Upon request of the Governor 
     of a State, the Secretary may provide information and 
     technical assistance, and other assistance, in the 
     development, implementation, or revision of a State energy 
     security plan.
       ``(f) Sunset.--This section shall expire on October 31, 
       (b) Authorization of Appropriations.--Section 365(f) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is 
       (1) by striking ``$125,000,000'' and inserting 
     ``$90,000,000''; and
       (2) by striking ``2007 through 2012'' and inserting ``2018 
     through 2022''.
       (c) Technical and Conforming Amendments.--
       (1) Conforming amendments.--Section 363 of the Energy 
     Policy and Conservation Act (42 U.S.C. 6323) is amended--
       (A) by redesignating subsection (f) as subsection (e); and
       (B) by striking subsection (e).
       (2) Technical amendment.--Section 366(3)(B)(i) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6326(3)(B)(i)) 
     is amended by striking ``approved under section 367''.
       (3) Reference.--The item relating to ``Department of 
     Energy--Energy Conservation'' in title II of the Department 
     of the Interior and Related Agencies Appropriations Act, 1985 
     (42 U.S.C. 6323a) is amended by striking ``sections 361 
     through 366'' and inserting ``sections 361 through 367''.
       (4) Table of sections.--The table of sections for part D of 
     title III of the Energy Policy and Conservation Act is 
     amended by adding at the end the following:

``Sec. 367. State energy security plans.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Upton) and the gentleman from Illinois (Mr. Rush) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.

                             General Leave

  Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days to revise and extend their remarks and insert 
extraneous material in the Record on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this is an important bill. It really is. This bill, H.R. 
3050, is a bipartisan bill introduced by myself and by my good friend 
and colleague across the aisle, Mr. Rush. It is bipartisan.
  This bill reauthorizes the State Energy Program and it strengthens 

[[Page H5939]]

energy emergency planning and preparedness efforts in a big-time way. 
This bill builds upon the Energy and Commerce Committee's impressive 
record of hearings and legislation focused on energy security, 
emergency preparedness, job creation, and infrastructure protection and 
  Across the country, States have to respond to a variety of hazards, 
including hurricanes, earthquakes, floods, fuel supply disruptions, 
physical and, yes, cyber threats, too. This legislation provides States 
with tools in the toolbox so that they have flexibility that they need 
to address local energy challenges.
  It ensures that State energy security planning efforts address fuel 
supply issues, assess State energy profiles, address potential hazards 
to each energy sector. It mitigates risk to enhance reliability and 
incorporate regional planning efforts.
  Let's face it, the consumer at home, businesses trying to put out a 
product, they want to make sure that the electricity is on. They don't 
care what the excuse is. They want it on.
  This bill makes significant strides to protect our Nation's fuel and 
electric infrastructure from physical and cybersecurity threats and 
vulnerabilities. It makes sure that we are thinking ahead not just 
about the actual threat, but, in fact, how our energy and electric 
systems might be vulnerable in a broader sense.
  The bill also encourages mutual assistance, an essential part of 
responding and restoring in the event of an energy emergency. Teamwork: 
prioritizing and elevating energy security planning and emergency 
preparedness is, yes, an important step in the face of increased 
threats, vulnerabilities, and interdependencies of energy 
infrastructure and end-use systems.
  This bill is important and is going to get to the President's desk in 
a bipartisan way. Again, I thank my good friend and colleague for his 
help in getting this bill through our committee and here to the House 
  Mr. Speaker, I reserve the balance of my time.
  Mr. RUSH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to also commend my friend and my colleague from 
the great State of Michigan, the chairman of the Energy Subcommittee, 
my longstanding friend, Mr. Upton, for working with my office to bring 
H.R. 3050, the Enhancing State Energy Security Planning and Emergency 
Preparedness Act of 2017, to the floor today.
  Mr. Speaker, this Upton-Rush bill represents bipartisan negotiation 
between Chairman Upton and myself to much-needed Federal guidance and 
resources to the States that are on the front lines when it comes to 
protecting critical energy infrastructure and responding once disaster 
  Members on both side of the aisle, Mr. Speaker, support the State 
Energy Program, and this bill will help provide resources to further 
develop and enhance the State energy security plans.
  Since their inception in the 1970s, State Energy Programs, bolstered 
by Federal aid, have assisted States in developing these energy 
security plans in order to help prevent disasters from happening and to 
mitigate the damage once they do occur.
  Mr. Speaker, funding provided in this bill will help States to 
implement, revise, and to review their energy security plans while also 
laying out criteria for the contents of these plans. These emergency 
plans have been instrumental in improving States' abilities to identify 
potential energy disruptions, quantify the effects of the disruptions, 
establish response plans, and limit the risk of further disturbances, 
whether they be natural or manmade.
  Federal funding and leadership has also been critical in helping 
States and local stakeholders identify the roles and responsibilities 
of the various agencies in times of emergencies while also supporting 
training and response exercises.
  Mr. Speaker, as the Trump administration weakens America's leadership 
role globally by signaling its intentions to withdraw from the Paris 
Agreement, it is even more vital that we provide the resources and 
funding needed for States to take more of a permanent role in advancing 
smart and sustainable energy policy.
  Mr. Speaker, Federal leadership and investment must continue to play 
a vital role in developing State Energy Assurance Plans, and it is my 
hope and my expectation that this legislation will indeed bolster these 
State-led programs by enhancing Federal support.
  Mr. Speaker, I yield back the balance of my time.
  Mr. UPTON. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Texas (Mr. Barton), former chairman and now vice 
chairman of the influential and powerful Energy and Commerce Committee, 
coming from the good State of Texas versus the great State of Michigan.
  (Mr. BARTON asked and was given permission to revise and extend his 
  Mr. BARTON. Mr. Speaker, it is the great State of Texas. I want to 
set the Record straight on that.
  I commend Chairman Upton and Ranking Member Rush for bringing this 
bipartisan bill the floor. All we hear is about how we don't get along, 
Mr. Speaker. Nobody is watching when we do get along. And all of the 
bills that are being debated and voted on on the House floor today are 
examples of bipartisanship at the Energy and Commerce Committee, and 
Mr. Upton, Mr. Rush, Mr. Pallone, Mr. Walden, and the other ranking 
members and subcommittee chairmen are to be commended for that.

  One of the bipartisan amendments, which was adopted in full committee 
on this bill, is a bipartisan amendment from Mr. McNerney, a Democrat 
from California, and myself, that deals with the cybersecurity and 
would suggest that, as these States provide these energy security plans 
to the Department of Energy, they include an assessment of 
  So I can't tell you that this is the most important amendment that 
has ever been added to a bill in our committee, but it is a very good 
amendment, a very positive amendment. As plans are developed, including 
an assessment of cybersecurity threats and solutions to those threats, 
it should make the grid better, more reliable, and help make our 
country safer.
  Mr. Speaker, I strongly support H.R. 3050. Again, I commend Mr. Upton 
and Mr. Rush for working together, and I hope the House very quickly 
passes this and sends it to the other body.
  Mr. UPTON. Mr. Speaker, I would like to conclude by saying that I 
thank the gentleman from Texas for his remarks. It was an important 
amendment. God help us if something happens in our country because of a 
physical or cyber attack. And if it does, we always wonder and ask the 
questions: What do we do?
  This is a step in advance to make sure that, in fact, we do have, as 
I said earlier, the tools in the toolbox to try and prevent such a 
travesty from happening that would impact the Nation in a major way. So 
it is important that this legislation pass this afternoon; that the 
Senate take it up as quickly as they can; that the President sign it; 
and that it then gets implemented to protect all of our citizens from 
East to West, to North, to South. It is an important issue.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Jody B. Hice of Georgia). The question 
is on the motion offered by the gentleman from Michigan (Mr. Upton) 
that the House suspend the rules and pass the bill, H.R. 3050, as 
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.