,,ii  #aadth ,,congress  #ast ,session  
,s4 #ajfh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #bc1    
#bjae ,mr4 ,risch 7for himself and ,mr4 
,heinrich7 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       
protect the bulk-power system from cyber
 security threats4  #a4 ,cyber security 
threats ,part ,,ii of the ,federal      
,power ,act 7#af ,u4,s4,c4 #hbd et seq47
 is amended by adding at the end the    
following3  #bbd4 ,cyber security       
threats  7a7 ,definitions ,in this      
section3 7#a7 ,bulk-power system ,the   
term bulk-power system has the meaning  
given the term in section #bae4  7#b7   
,cyber security threat ,the term cyber  
security threat means the imminent      
danger of a malicious act that disrupts1
 attempts to disrupt1 or poses a        
significant risk of disrupting the      
operation of programmable electronic    

devices or communications networks      
7including hardware1 software1 and data7
 essential to the reliable operation of 
the bulk-power system4  7#c7 ,electric  
,reliability ,organization ,the term    
,electric ,reliability ,organization has
 the meaning given the term in section  
#bae4  7#d7 ,secretary ,the term        
,secretary means the ,secretary of      
,energy4  7b7 ,emergency authority of   
,secretary  7#a7 ,in general ,if the    
,president submits to the ,secretary a  
written notice of a determination by the
 ,president that immediate action is    
necessary to protect the bulk-power     
system from a cyber security threat1 the
 ,secretary may require1 by order and   
with or without notice1 any entity that 
owns1 controls1 or operates a bulk-power
 system facility to take such actions as
 the ,secretary determines will best    
avert or mitigate the cyber security    
threat4  7#b7 ,coordination with ,canada
 and ,mexico ,in exercising the         
authority pursuant to this subsection1  

the ,secretary is encouraged to consult 
and coordinate with the appropriate     
officials in ,canada and ,mexico        
responsible for the protection of cyber 
security of the interconnected ,north   
,american electricity grid4  7#c7       
,consultation ,before exercising        
authority pursuant to this subsection1  
to the maximum extent practicable1      
taking into consideration the nature of 
an identified cyber security threat and 
the urgency of need for action1 the     
,secretary shall consult regarding      
implementation of actions that will     
effectively address the cyber security  
threat with--  7,a7 any entities        
potentially subject to the cyber        
security threat that own1 control1 or   
operate bulk-power system facilities2   
7,b7 the ,electric ,reliability         
,organization2  7,c7 the ,electricity   
,sub-sector ,coordinating ,council 7as  
defined in the document entitled        
,homeland ,security ,presidential       
,directive #g3 ,critical ,infrastructure

 ,identification1 ,prioritization1 and  
,protection72 and  7,d7 officials of    
other ,federal departments and agencies1
 as appropriate4  7#d7 ,cost recovery   
7,a7 ,in general ,the ,commission shall 
establish a mechanism that permits      
owners1 operators1 or users of the      
bulk-power system to seek recovery of   
prudently incurred costs required to    
implement actions ordered by the        
,secretary under this subsection4  7,b7 
,requirements ,any rate or charge       
approved under a mechanism established  
under this paragraph-- 7i7 shall be just
 and reasonable2 and  7ii7 shall not be 
unduly discriminatory or preferential4  
7c7 ,duration of emergency orders ,an   
order issued by the ,secretary pursuant 
to subsection 7b7 shall remain in effect
 for not longer than the #cj-;day period
 beginning on the effective date of the 
order1 unless1 during that #cj          
day-period1 the ,secretary--  7#a7      
provides to interested persons an       
opportunity to submit written data1     

recommendations1 and arguments2 and     
7#b7 affirms1 amends1 or repeals the    
order1 subject to the condition that an 
amended order shall not exceed a total  
duration of #ij days4  4