,i #aadth ,,congress #ast ,session ,h4 ,r4 #bbga ,,in ,,the ,,house ,,of ,,representatives ,may #ab1 #bjae ,mr4 ,latta 7for himself1 ,mr4 ,mc,nerney1 and ,mrs4 ,ellmers of ,north ,carolina7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,federal ,power ,act with respect to critical electric infrastructure security1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,critical ,electric ,infrastructure ,protection ,act4 #b4 ,critical electric infrastructure security 7a7 ,critical electric infrastructure security ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is amended by adding after section #bae the following new section3 #bae;,a4 ,critical electric infrastructure security 7a7 ,definitions ,for purposes of this section3 7#a7 ,bulk-power system2 electric reliability organization2 regional entity ,the terms bulk-power system1 ,electric ,reliability ,organization1 and regional entity have the meanings given such terms in paragraphs 7#a71 7#b71 and 7#g7 of section #bae7;a71 respectively4 7#b7 ,critical electric infrastructure ,the term critical electric infrastructure means a system or asset1 whether physical or virtual1 used for the generation1 transmission1 or distribution of electric energy affecting interstate commerce1 the incapacity or destruction of which would negatively affect national security1 economic security1 public health or safety1 or any combination of such matters4 7#c7 ,critical electric infrastructure information ,the term critical electric infrastructure information means information related to critical electric infrastructure1 or proposed critical electrical infrastructure1 generated by or provided to the ,commission1 other than classified national security information1 that is designated as critical electric infrastructure information by the ,commission under subsection 7d77#b74 7#d7 ,defense critical electric infrastructure ,the term defense critical electric infrastructure means any infrastructure located in the ,united ,states 7including the territories7 used for the generation1 transmission1 or distribution of electric energy that-- 7,a7 is not part of the bulk-power system2 and 7,b7 serves a facility designated by the ,secretary pursuant to subsection 7c71 but is not owned or operated by the owner or operator of such facility4 7#e7 ,electromagnetic pulse ,the term electromagnetic pulse means #a or more pulses of electromagnetic energy emitted by a device capable of disabling or disrupting operation of1 or destroying1 electronic devices or communications networks1 including hardware1 software1 and data1 by means of such a pulse4 7#f7 ,geomagnetic storm ,the term geomagnetic storm means a temporary disturbance of the ,earth's magnetic field resulting from solar activity4 7#g7 ,grid security emergency ,the term grid security emergency means the imminent danger of-- 7,a7 7i7 a malicious act using electronic communication or an electromagnetic pulse1 or a geomagnetic storm event1 that could disrupt the operation of those electronic devices or communications networks1 including hardware1 software1 and data1 that are essential to the reliability of the bulk-power system or of defense critical electric infrastructure2 and 7ii7 disruption of the operation of such devices or networks1 with significant adverse effects on the reliability of the bulk-power system or of defense critical electric infrastructure1 as a result of such act or event2 or 7,b7 7i7 a direct physical attack on the bulk-power system or on defense critical electric infrastructure2 and 7ii7 significant adverse effects on the reliability of the bulk-power system or of defense critical electric infrastructure as a result of such physical attack4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,authority ,to address grid security emergency 7#a7 ,authority ,whenever the ,president issues and provides to the ,secretary a written directive or determination identifying a grid security emergency1 the ,secretary may1 with or without notice1 hearing1 or report1 issue such orders for emergency measures as are necessary in the judgment of the ,secretary to protect the reliability of the bulk-power system or of defense critical electric infrastructure during such emergency4 ,as soon as practicable but not later than #ahj days after the date of enactment of this section1 the ,secretary shall1 after notice and opportunity for comment1 establish rules of procedure that ensure that such authority can be exercised expeditiously4 7#b7 ,notification of ,congress ,whenever the ,president issues and provides to the ,secretary a written directive or determination under paragraph 7#a71 the ,president shall promptly notify congressional committees of relevant jurisdiction1 including the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate1 of the contents of1 and justification for1 such directive or determination4 7#c7 ,consultation ,before issuing an order for emergency measures under paragraph 7#a71 the ,secretary shall1 to the extent practicable in light of the nature of the grid security emergency and the urgency of the need for action1 consult with appropriate governmental authorities in ,canada and ,mexico1 entities described in paragraph 7#d71 the ,commission1 and other appropriate ,federal agencies regarding implementation of such emergency measures4 7#d7 ,application ,an order for emergency measures under this subsection may apply to-- 7,a7 the ,electric ,reliability ,organization2 7,b7 a regional entity2 or 7,c7 any owner1 user1 or operator of the bulk-power system or of defense critical electric infrastructure within the ,united ,states4 7#e7 ,expiration and reissuance 7,a7 ,in general ,except as provided in subparagraph 7,b71 an order for emergency measures issued under paragraph 7#a7 shall expire no later than #cj days after its issuance4 7,b7 ,extensions ,the ,secretary may reissue an order for emergency measures issued under paragraph 7#a7 for subsequent periods1 not to exceed #cj days for each such period1 provided that the ,president1 for each such period1 issues and provides to the ,secretary a written directive or determination that the grid security emergency identified under paragraph 7#a7 continues to exist or that the emergency measure continues to be required4 7#f7 ,cost recovery 7,a7 ,bulk-power system ,if the ,commission determines that owners1 operators1 or users of the bulk-power system have incurred substantial costs to comply with an order for emergency measures issued under this subsection and that such costs were prudently incurred and cannot reasonably be recovered through regulated rates or market prices for the electric energy or services sold by such owners1 operators1 or users1 the ,commission shall1 after notice and an opportunity for comment1 establish a mechanism that permits such owners1 operators1 or users to recover such costs4 7,b7 ,defense critical electric infrastructure ,to the extent the owner or operator of defense critical electric infrastructure is required to take emergency measures pursuant to an order issued under this subsection1 the owners or operators of a facility or facilities designated by the ,secretary pursuant to subsection 7c7 that rely upon such infrastructure shall bear the full incremental costs of the measures4 7#g7 ,temporary access to classified information ,the ,secretary1 and other appropriate ,federal agencies1 shall1 to the extent practicable and consistent with their obligations to protect classified information1 provide temporary access to classified information related to a grid security emergency for which emergency measures are issued under paragraph 7#a7 to key personnel of any entity subject to such emergency measures to enable optimum communication between the entity and the ,secretary and other appropriate ,federal agencies regarding the grid security emergency4 7c7 ,designation of critical defense facilities ,not later than #ahj days after the date of enactment of this section1 the ,secretary1 in consultation with other appropriate ,federal agencies and appropriate owners1 users1 or operators of infrastructure that may be defense critical electric infrastructure1 shall identify and designate facilities located in the ,united ,states 7including the territories7 that are-- 7#a7 critical to the defense of the ,united ,states2 and 7#b7 vulnerable to a disruption of the supply of electric energy provided to such facility by an external provider4 ,the ,secretary may1 in consultation with appropriate ,federal agencies and appropriate owners1 users1 or operators of defense critical electric infrastructure1 periodically revise the list of designated facilities as necessary4 7d7 ,protection and sharing of critical electric infrastructure information 7#a7 ,protection of critical electric infrastructure information ,critical electric infrastructure information-- 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 ,state1 local1 or tribal authority pursuant to any ,state1 local1 or tribal law requiring disclosure of information or records4 7#b7 ,designation and sharing of critical electric infrastructure information ,the ,commission shall promulgate such regulations and issue such orders as necessary to-- 7,a7 designate information as critical electric infrastructure information2 7,b7 prohibit the unauthorized disclosure of critical electric infrastructure information2 7,c7 ensure there are appropriate sanctions in place for commissioners1 officers1 employees1 or agents of the ,commission who knowingly and willfully disclose critical electric infrastructure information in a manner that is not authorized under this section2 and 7,d7 provide standards for and authorize the appropriate voluntary sharing of critical electric infrastructure information with1 between1 and by-- 7i7 ,federal1 ,state1 local1 and tribal authorities2 7ii7 the ,electric ,reliability ,organization2 7iii7 regional entities2 7iv7 ,information ,sharing and ,analysis ,centers established pursuant to ,presidential ,decision ,directive #fc2 7v7 owners1 operators1 and users of the bulk-power system in the ,united ,states2 and 7vi7 other entities determined appropriate by the ,commission4 7#c7 ,considerations ,in promulgating regulations and issuing orders under paragraph 7#b71 the ,commission shall take into consideration the role of ,state commissions in reviewing the prudence and cost of investments1 determining the rates and terms of conditions for electric services1 and ensuring the safety and reliability of the bulk-power system and distribution facilities within their respective jurisdictions4 7#d7 ,protocols ,the ,commission shall1 in consultation with ,canadian and ,mexican authorities1 develop protocols for the voluntary sharing of critical electric infrastructure information with1 between1 and by ,canadian and ,mexican authorities and owners1 operators1 and users of the bulk-power system outside the ,united ,states4 7#e7 ,no required sharing of information ,nothing in this section shall require a person or entity in possession of critical electric infrastructure information to share such information with ,federal1 ,state1 local1 or tribal authorities1 or any other person or entity4 7#f7 ,disclosure of non-critical electric infrastructure information ,in implementing this section1 the ,commission shall segregate critical electric infrastructure information within documents and electronic communications1 wherever feasible1 to facilitate disclosure of information that is not designated as critical electric infrastructure information4 7e7 ,security clearances ,the ,secretary shall facilitate and1 to the extent practicable1 expedite the acquisition of adequate security clearances by key personnel of any entity subject to the requirements of this section1 to enable optimum communication with ,federal agencies regarding threats to the security of the critical electric infrastructure4 ,the ,secretary1 the ,commission1 and other appropriate ,federal agencies shall1 to the extent practicable and consistent with their obligations to protect classified and critical electric infrastructure information1 share timely actionable information regarding grid security with appropriate key personnel of owners1 operators1 and users of the critical electric infrastructure4 7f7 ,clarifications of liability 7#a7 ,compliance with or violation of this ,act ,except as provided in paragraph 7#d71 to the extent any action or omission taken by an entity that is necessary to comply with an order for emergency measures issued under subsection 7b77#a71 including any action or omission taken to voluntarily comply with such order1 results in noncompliance with1 or causes such entity not to comply with any rule1 order1 regulation1 or provision of this ,act1 including any reliability standard approved by the ,commission pursuant to section #bae1 such action or omission shall not be considered a violation of such rule1 order1 regulation1 or provision4 7#b7 ,relation to section #bjb7;c7 ,except as provided in paragraph 7#d71 an action or omission taken by an owner1 operator1 or user of the bulk-power system or of defense critical electric infrastructure to comply with an order for emergency measures issued under subsection 7b77#a7 shall be treated as an action or omission taken to comply with an order issued under section #bjb7;c7 for purposes of such section4 7#c7 ,sharing or receipt of information ,no cause of action shall lie or be maintained in any ,federal or ,state court for the sharing or receipt of information under1 and that is conducted in accordance with1 subsection 7d74 7#d7 ,rule of construction ,nothing in this subsection shall be construed to require dismissal of a cause of action against an entity that1 in the course of complying with an order for emergency measures issued under subsection 7b77#a7 by taking an action or omission for which they would be liable but for paragraph 7#a7 or 7#b71 takes such action or omission in a grossly negligent manner4 4 7b7 ,conforming amendments 7#a7 ,jurisdiction ,section #bja7;b77#b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7;b77#b77 is amended by inserting #bae;,a1 after #bae1 each place it appears4 7#b7 ,public utility ,section #bja7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7;e77 is amended by inserting #bae;,a1 after #bae14