,i  #aadth ,,congress  #ast ,session    
,h4 ,r4 #bdjb  ,,in ,,the ,,house ,,of  
,,representatives  ,may #ah1 #bjae ,ms4 
,lofgren 7for herself and ,mr4 ,gowdy7  
introduced the following bill2 which was
 referred to the ,committee on ,energy  
and ,commerce  ,a ,,bill  ,to amend the 
,federal ,power ,act to prohibit the    
public disclosure of protected          
information1 and for other purposes4    
#a4 ,short title ,this ,act may be cited
 as the ,protecting ,critical           
,infrastructure ,act4  #b4 ,protection  
of information  7a7 ,in general ,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 ,protection of   
information  7a7 ,protection of         
information  7#a7 ,prohibition of public
 disclosure of protected electric       
security information ,protected electric
 security 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 ,information sharing  7,a7 ,in     
general ,the ,commission shall          
promulgate such regulations and issue   
such orders as necessary to designate   
protected electric security information 
and to prohibit the unauthorized        
disclosure of such protected electric   
security information4  7,b7 ,sharing of 
protected electric security information 
,the regulations promulgated and orders 
issued pursuant to subparagraph 7,a7    
shall provide standards for and         
authorize the appropriate voluntary     
sharing of protected electric security  
information with1 between1 and by       
,federal1 ,state1 local1 and tribal     
authorities1 the ,electric ,reliability 
,organization1 regional entities1       
,information ,sharing and ,analysis     
,centers established pursuant to        

,presidential ,decision ,directive #fc1 
owners1 operators1 and users of the     
bulk-power system in the ,united        
,states1 and other entities determined  
appropriate by the ,commission4 ,in     
promulgating such regulations and       
issuing such orders1 the ,commission    
shall take account of 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  
,in promulgating such regulations and   
issuing such orders1 the ,commission may
 take into consideration the ,controlled
 ,unclassified ,information framework   
established by the ,president4 ,the     
,commission shall consult1 as           
appropriate1 with ,canadian and ,mexican
 authorities to develop protocols for   
the voluntary sharing of protected      
electric security information with1     

between1 and by appropriate ,canadian   
and ,mexican authorities and owners1    
operators1 and users of the bulk-power  
system outside the ,united ,states4     
7#c7 ,no required sharing of information
 ,nothing in this section shall require 
a person or entity in possession of     
protected electric security information 
to share such information with ,federal1
 ,state1 local1 or tribal authorities1  
or any other person or entity4  7#d7    
,submission of information to ,congress 
,nothing in this section shall permit or
 authorize the withholding of           
information from ,congress1 any         
committee or subcommittee thereof1 or   
the ,comptroller ,general4  7#e7        
,disclosure of non-protected information
 ,in implementing this section1 the     
,commission shall protect from          
disclosure only the minimum amount of   
information necessary to protect the    
security and reliability of the         
bulk-power system and distribution      
facilities4 ,the ,commission shall      

segregate protected electric security   
information within documents and        
electronic communications1 wherever     
feasible1 to facilitate disclosure of   
information that is not designated as   
protected electric security information4
  7#f7 ,duration of designation         
,information may not be designated as   
protected electric security information 
for longer than #e years1 unless        
specifically redesignated by the        
,commission4  7#g7 ,removal of          
designation ,the ,commission shall      
remove the designation of protected     
electric security information1 in whole 
or in part1 from a document or          
electronic communication if the         
,commission determines that the         
unauthorized disclosure of such         
information could no longer be used to  
impair the security or reliability of   
the bulk-power system or distribution   
facilities4  7#h7 ,judicial review of   
designations ,notwithstanding section   
#cac7;b71 any determination by the      

,commission concerning the designation  
of protected electric security          
information under this subsection shall 
be subject to review under chapter #g of
 title #e1 except that such review shall
 be brought in the district court of the
 ,united ,states in the district in     
which the complainant resides1 or has   
his principal place of business1 or in  
the ,district of ,columbia4 ,in such a  
case the court shall examine in camera  
the contents of documents or electronic 
communications that are the subject of  
the determination under review to       
determine whether such documents or any 
part thereof were improperly designated 
or not designated as protected electric 
security information4  7b7 ,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 section #bae4  7#b7 

,distribution facilities ,the term      
distribution facilities means facilities
 used in the local distribution of      
electric energy4  7#c7 ,electromagnetic 
pulse ,the term electromagnetic pulse   
means one or more pulses of             
electromagnetic energy emitted by a     
device capable of disabling1 disrupting1
 or destroying electronic equipment by  
means of such a pulse4  7#d7 ,grid      
security threat ,the term grid security 
threat means a substantial likelihood   
of-- 7,a7 7i7 a malicious act using     
electronic communication or an          
electromagnetic pulse that could disrupt
 the operation of those electronic      
devices or communications networks1     
including hardware1 software1 and data1 
that are essential to the security or   
reliability of the bulk-power system2   
and  7ii7 disruption of the operation of
 such devices or networks1 with         
significant adverse effects on the      
security or reliability of the          
bulk-power system1 as a result of such  

act or event2 or  7,b7  7i7 a direct    
physical attack on1 or intentional      
interference with1 the bulk-power       
system2 and  7ii7 significant adverse   
effects on the security or reliability  
of the bulk-power system as a result of 
such physical attack or interference4   
7#e7 ,grid security vulnerability ,the  
term grid security vulnerability means a
 weakness in the bulk-power system that1
 in the event of-- 7,a7 a malicious act 
using electronic communication or an    
electromagnetic pulse1 would pose a     
substantial risk of disruption to the   
operation of those electronic devices or
 communications networks1 including     
hardware1 software1 data1 and           
facilities1 that are essential to the   
security or reliability of the          
bulk-power system2 or  7,b7 a direct    
physical attack1 or intentional         
interference with1 the bulk-power       
system1 would pose a substantial risk of
 significant adverse effects on the     
security or reliability of the          

bulk-power system4  7#f7 ,protected     
electric security information ,the term 
protected electric security             
information-- 7,a7 means information    
generated by or provided to the         
,commission1 other than classified      
national security information1 that is  
designated as protected electric        
security information by the ,commission 
under subsection 7a77#b7--  7i7 that    
specifically discusses or identifies    
grid security threats1 grid security    
vulnerabilities1 or plans1 procedures1  
or measures to address such threats or  
vulnerabilities2 and  7ii7 the          
unauthorized disclosure of which could  
be used in a malicious manner to impair1
 attack1 or interfere with the security 
or reliability of the bulk-power system 
or distribution facilities2 and  7,b7   
includes data1 modeling1 or             
representations related to grid security
 that could be used to generate         
information described in subparagraph   
7,a74  7#g7 ,security ,the definition of

 security in section #c7af7 shall not   
apply to the provisions in this section4
  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