,,ii #aafth ,,congress #b;d ,session ,s4 #cfhh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ab1 #bjbj,ms4 ,murkowski 7for herself and ,mr4 ,risch7 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 authorize the ,federal ,energy ,regulatory ,commission and the ,secretary of ,energy to offer assistance in securing the assets of the owners and operators of energy infrastructure against threats and increasing the security of the electric grid1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,energy ,infrastructure ,protection ,act of #bjbj4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 electrical energy is essential to civil society2 7#b7 the infrastructure that delivers electrical energy to the people of the ,united ,states has been vulnerable to attacks of varying scope for more than #ajj years2 7#c7 with the ready availability of information about electric infrastructure1 and the ease of international travel for individuals who seek to harm the ,united ,states1 threats to electric infrastructure have multiplied in recent years2 7#d7 the geographic barriers of the ,pacific ,ocean and the ,atlantic ,ocean no longer provide sufficient protection for the people of the ,united ,states against threats to electric infrastructure1 especially for threats coming from cyberspace2 7#e7 electric infrastructure around the world has been attacked during times of war and times of peace1 on the ground and in cyberspace1 by-- 7,a7 individuals2 7,b7 criminal organizations2 and 7,c7 foreign countries2 7#f7 like electric infrastructure1 the fuel suppliers and other vendors who supply the electricity industry are vulnerable to attacks designed to disrupt electricity service2 7#g7 before and during ,world ,war ,,ii1 the ,federal ,power ,commission assisted owners and operators of energy infrastructure in defending the assets of those owners and operators2 7#h7 the ,department of ,energy and the ,federal ,energy ,regulatory ,commission carry on the legacy of security assistance established by the ,federal ,power ,commission2 7#i7 the ,department of ,energy1 assisted by the expertise at the ,national ,laboratories1 and utilizing the statutory role of the ,department as the lead ,federal agency for cybersecurity in the energy sector1 has acted to assist owners and operators of electric infrastructure when those owners and operators defend their assets2 7#aj7 the ,federal ,energy ,regulatory ,commission1 utilizing the jurisdiction of the ,commission over matters of cost recovery and electric reliability1 has acted to assist owners and operators of electric infrastructure when those owners and operators defend their assets2 7#aa7 owners and operators of electric infrastructure1 entities involved with electric infrastructure1 the ,federal ,energy ,regulatory ,commission1 the ,department of ,energy1 other ,federal departments and agencies1 ,states1 and units of local government have information that-- 7,a7 can be used by those who seek to harm the ,united ,states to disrupt electricity service2 and 7,b7 should be protected from excessive disclosure2 and 7#ab7 owners and operators of electric infrastructure-- 7,a7 have been acting to reduce the vulnerability of their assets2 and 7,b7 should have better opportunities to further reduce the vulnerability of their assets4 #c4 ,protecting energy infrastructure 7a7 ,in general ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is amended-- 7#a7 by adding at the end the following3 ,b ,protecting energy infrastructure 2 7#b7 by redesignating section #bae;,a 7#af ,u4,s4,c4 #hbdo-#a7 as section #bcj1 and moving that section so as to appear at the beginning of subpart ,b 7as added by paragraph 7#a772 and 7#c7 by inserting after section #bja 7#af ,u4,s4,c4 #hbd7 the following3 ,a ,general requirements 4 7b7 ,definitions ,section #bcj of the ,federal ,power ,act 7as redesignated by subsection 7a77#b77 is amended-- 7#a7 in the section heading1 by striking ,critical ,electric ,infrastructure ,security and inserting ,definitions2 7#b7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking the subsection designation and heading and all that follows through this section3 and inserting the following3 ,in this subpart3 2 7,b7 in paragraph 7#a71 by striking such terms and all that follows through respectively4 and inserting the terms in section #bae7;a742 7,c7 by redesignating paragraphs 7#b71 7#c71 7#d71 7#e71 7#f71 7#g71 and 7#h7 as paragraphs 7#c71 7#d71 7#e71 7#f71 7#h71 7#i71 and 7#ab71 respectively2 7,d7 by inserting after paragraph 7#a7 the following3 7#b7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 2 7,e7 in paragraph 7#c7 7as so redesignated71 by inserting energy infrastructure or after means2 7,f7 by striking paragraph 7#d7 7as so redesignated7 and inserting the following3 7#d7 ,critical electric infrastructure information 7,a7 ,in general ,the term critical electric infrastructure information means information relating to critical electric infrastructure1 or proposed critical electric infrastructure1 that-- 7i7 is generated by1 or provided to1 the ,secretary1 the ,commission1 or any other ,federal department or agency2 7ii7 is not classified national security information2 and 7iii7 is designated as critical electric infrastructure information by the ,secretary or the ,commission under section #bca7;c7 or #bce4 7,b7 ,inclusions ,the term critical electric infrastructure information includes any information that qualified as critical energy infrastructure information under the regulations of the ,commission in effect on the day before the date of enactment of the ,energy ,infrastructure ,protection ,act of #bjbj4 2 7,g7 in paragraph 7#e7 7as so redesignated71 by striking subsection 7c7 and inserting section #bca7;b72 7,h7 by inserting after paragraph 7#f7 7as so redesignated7 the following3 7#g7 ,energy infrastructure ,the term energy infrastructure includes-- 7,a7 systems or assets comprising the bulk-power system2 7,b7 systems or assets owned by electric utilities2 7,c7 systems or assets that-- 7i7 allow for the transportation of fuel1 electricity1 water1 steam1 heat1 cold1 or any commodity that is used in the provision of electricity service2 and 7ii7 facilitate the delivery of-- 7,i7 electrical energy to consumers2 7,,ii7 wholesale transactions in electrical energy2 or 7,,iii7 the import or export of electrical energy2 and 7,d7 all systems or assets subject to the jurisdiction of the ,commission1 including-- 7i7 pipelines for the transportation of oil2 7ii7 natural gas pipelines2 and 7iii7 water resources4 2 7,i7 by inserting after paragraph 7#i7 7as so redesignated7 the following3 7#aj7 ,natural gas2 natural-gas company ,the terms natural gas and natural-gas company have the meanings given the terms in section #b of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;a74 7#aa7 ,oil2 oil pipeline ,the terms oil and oil pipeline have the meanings given the terms in section #ahjd of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #gagb note2 ,public ,law #ajb-dhf74 2 and 7,j7 by inserting after paragraph 7#ab7 7as so redesignated7 the following3 7#ac7 ,source of the information ,the term source of the information means-- 7,a7 the electric utility1 ,transmission ,organization1 natural-gas company1 licensee1 or oil pipeline that provides to the ,secretary or the ,commission1 as applicable1 critical electric infrastructure information1 including-- 7i7 critical electric infrastructure information that is provided directly to the ,secretary or the ,commission by the electric utility1 ,transmission ,organization1 natural-gas company1 licensee1 or oil pipeline2 and 7ii7 critical electric infrastructure information that is provided to the ,secretary or the ,commission by an intermediary2 7,b7 the ,secretary1 with respect to critical electric infrastructure information that is created by the ,secretary2 7,c7 the ,commission1 with respect to critical electric infrastructure information that is created by the ,commission2 and 7,d7 with respect to any critical electric infrastructure information not described in subparagraphs 7,a7 through 7,c71 the individual or entity that provides to the ,secretary or the ,commission1 as applicable1 the critical electric infrastructure information4 2 and 7#c7 by inserting before subsection 7b7 the following3 #bca4 ,critical electric infrastructure security 4 7c7 ,critical electric infrastructure security ,section #bca of the ,federal ,power ,act 7as designated by subsection 7b77#c77 is amended-- 7#a7 by redesignating subsections 7b7 through 7f7 as subsections 7a7 through 7e71 respectively2 7#b7 in paragraph 7#f77;,b7 of subsection 7a7 7as so redesignated71 by striking subsection 7c7 and inserting subsection 7b72 7#c7 in subsection 7c7 7as so redesignated7-- 7,a7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking ,not later and all that follows through shall and inserting ,each of the ,secretary and the ,commission1 after consultation with the other1 shall2 7ii7 in subparagraph 7,a71 by adding and at the end after the semicolon2 7iii7 in subparagraph 7,b71 by striking the semicolon at the end and inserting a period2 and 7iv7 by striking subparagraphs 7,c7 and 7,d72 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,authority to designate 7,a7 ,in general ,the ,secretary and the ,commission may each designate information as critical electric infrastructure information pursuant to the criteria and procedures established by the ,secretary or the ,commission1 as applicable1 under paragraph 7#b77;,a74 7,b7 ,submission of request for designation 7i7 ,in general ,any individual or entity may request that-- 7,i7 the ,secretary designate information in the possession of the ,secretary as critical electric infrastructure information2 and 7,,ii7 the ,commission designate information in the possession of the ,commission as critical electric infrastructure information4 7ii7 ,treatment of information submitted for designation ,on receipt of a request under clause 7i71 the ,secretary or the ,commission1 as applicable1 shall treat the information that is the subject of the request as critical electric infrastructure information until the earlier of-- 7,i7 the date on which the ,secretary or the ,commission1 as applicable1 designates the information as critical electric infrastructure information2 and 7,,ii7 the date that is #ba days after the date on which the ,secretary or the ,commission1 as applicable1 provides written notice to the individual or entity that submitted the request that the request is denied4 7,c7 ,conflicts between designations by the ,secretary and the ,commission 7i7 ,initial meeting ,in the event of a conflict between a designation made by the ,secretary and a designation made by the ,commission as to whether certain information is critical electric infrastructure information1 and the conflict has a material impact on the work of the ,secretary or the ,commission1 the ,secretary and the ,commission shall confer to resolve the conflict for the purpose of achieving consistency across the ,federal ,government in the designation of the information4 7ii7 ,unresolved conflicts ,if the ,secretary and the ,commission are unable to resolve a conflict under clause 7i7-- 7,i7 the ,commission may continue to designate any information in the possession of the ,commission according to the criteria and procedures established by the ,commission under paragraph 7#b77;,a72 and 7,,ii7 the ,secretary may continue to designate any information in the possession of the ,department of ,energy according to the criteria and procedures established by the ,secretary under paragraph 7#b77;,a74 2 7,c7 in paragraph 7#h7-- 7i7 by striking ,in implementing and all that follows through shall and inserting the following3 7,a7 ,in general ,in implementing this section1 the ,secretary and the ,commission shall reasonably attempt to 2 and 7ii7 by adding at the end the following3 7,b7 ,effect of failure to segregate information ,a failure to segregate any particular information under subparagraph 7,a7 shall not result in an inference or finding that the information should not be entitled to protection as critical electric infrastructure information4 2 7,d7 by striking paragraphs 7#i7 and 7#aj7 and inserting the following3 7#i7 ,duration of designation 7,a7 ,in general ,except as provided in subparagraph 7,b71 information may not be designated as critical electric infrastructure information for a period longer than the information is related to energy infrastructure in service4 7,b7 ,redesignation ,any information may be redesignated by the ,secretary or the ,commission as critical electric infrastructure information before1 on1 or after the date on which an earlier designation has expired4 7,c7 ,vulnerabilities and threats ,information about a vulnerability or threat to energy infrastructure1 or the planning and construction of a system or asset that is intended to address a vulnerability or threat to energy infrastructure1 may be designated as critical electric infrastructure information-- 7i7 for the period during which the vulnerability or threat exists2 and 7ii7 for any additional period determined to be appropriate by the ,secretary or the ,commission1 as applicable4 7#aj7 ,removal of designation ,the ,secretary or the ,commission1 as applicable1 shall remove the designation of critical electric infrastructure information1 in whole or in part1 from a document or electronic communication if the ,secretary or the ,commission1 as applicable1 determines that the unauthorized disclosure of the information so designated could no longer be used to impair the security or reliability of energy infrastructure1 the bulk-power system1 or distribution facilities4 2 and 7,e7 by adding at the end the following3 7#ab7 ,no immediate obligation to designate ,any request for designation submitted to the ,secretary or the ,commission need not be considered by the ,secretary or the ,commission1 as applicable1 until the information that is the subject of the request for designation becomes the subject of any request to disclose1 including a request under-- 7,a7 section #eeb of title #e1 ,united ,states ,code2 or 7,b7 any applicable law 7including any ,federal1 ,state1 political subdivision1 or ,tribal law7 requiring public disclosure of information or records4 7#ac7 ,effect of prior determinations ,a prior determination by the ,secretary or the ,commission that certain information is not critical electric infrastructure information shall not affect the authority of the ,secretary or the ,commission to later designate that information as critical electric infrastructure information4 2 and 7#d7 in subsection 7e7 7as so redesignated7-- 7,a7 in paragraph 7#a71 by striking subsection 7b77#a7 and inserting subsection 7a77#a72 7,b7 in paragraph 7#b71 by striking subsection 7b77#a7 and inserting subsection 7a77#a72 7,c7 in paragraph 7#c71 by striking subsection 7d7 and inserting subsection 7c7 or any of sections #bcb through #bce1 as applicable2 and 7,d7 in paragraph 7#d7-- 7i7 by striking subsection 7b77#a7 and inserting subsection 7a77#a72 and 7ii7 by striking paragraph 7#a7 or 7#b 7 and inserting paragraph 7#a7 or 7#b74 7d7 ,assistance1 access1 and enforcement ,subpart ,b of part ,,ii of the ,federal ,power ,act 7as added by subsection 7a77#a77 is amended by adding at the end the following3 #bcb4 ,authority of the ,commission to offer assistance to owners and operators of energy infrastructure 7a7 ,definition of eligible entity ,in this section1 the term eligible entity means-- 7#a7 an authority of a ,state1 political subdivision1 or ,indian ,tribe2 7#b7 a ,transmission ,organization2 7#c7 an electric utility2 7#d7 a natural-gas company2 7#e7 an oil pipeline2 and 7#f7 any other owner or operator of energy infrastructure4 7b7 ,voluntary assistance on request ,on request of an eligible entity1 the ,commission may provide assistance to the eligible entity-- 7#a7 by reviewing the configuration of the assets of the eligible entity against threats2 7#b7 by reviewing the capability of the eligible entity to operate its assets after attacks on those assets2 7#c7 by providing information about methods and tools that owners and operators of energy infrastructure may use to defend assets against threats2 7#d7 by providing information regarding other resources that may be available to assist the eligible entity2 and 7#e7 by reviewing data and other assets in the possession of the eligible entity-- 7,a7 for evidence that the data or other asset-- 7i7 has been tampered with2 or 7ii7 has otherwise been the subject of threat activity2 and 7,b7 while ensuring an adequate chain of custody to enable criminal investigation and prosecution4 7c7 ,release of information 7#a7 ,protection of information ,any information collected or created by the ,commission in carrying out activities under subsection 7b71 including any report prepared under subsection 7g77#a77;,a7-- 7,a7 to the extent that the information is not already designated as critical electric infrastructure information1 shall be handled by the ,commission as if it had been designated by the ,commission as critical electric infrastructure information under this subpart2 7,b7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7,c7 shall not be made available by any ,federal1 ,state1 political subdivision1 or ,tribal authority under any applicable law requiring public disclosure of information or records4 7#b7 ,voluntary release 7,a7 ,consent required ,subject to subparagraph 7,c71 if the source of any information described in paragraph 7#a7 provides consent1 the ,commission may share that information with-- 7i7 the ,electric ,reliability ,organization2 7ii7 a regional entity2 7iii7 an information sharing and analysis center2 or 7iv7 an authority of a ,state1 political subdivision1 or ,indian ,tribe that is involved in protecting energy infrastructure from threats4 7,b7 ,advance consent ,consent to the disclosure of information by the ,commission under subparagraph 7,a7 may-- 7i7 be provided in advance of the disclosure of that information to1 or the creation of that information by1 the ,commission2 and 7ii7 be a condition precedent to obtaining assistance from the ,commission under this section4 7,c7 ,limitation ,any information that is shared with an authority described in subparagraph 7,a77iv7 shall be exempt from disclosure by the authority as if that information were in the possession of the ,commission under this subsection4 7#c7 ,release to ,federal authorities 7,a7 ,consent not required ,the ,commission may share any information described in paragraph 7#a7 with a ,federal authority regardless of whether the source of that information consents to the disclosure4 7,b7 ,limitation ,any information that is shared with a ,federal authority under subparagraph 7,a7 shall be exempt from disclosure by the ,federal authority as if that information were in the possession of the ,commission under this subsection4 7d7 ,withdrawal of request 7#a7 ,in general ,an eligible entity may withdraw a request for assistance under subsection 7b7 at any time4 7#b7 ,effect ,on withdrawal of a request under paragraph 7#a71 the ,commission shall-- 7,a7 terminate all assistance2 and 7,b7 to the maximum extent practicable1 and subject to any ,federal law applicable to the ,commission regarding retention of records1 return to the eligible entity all information that the ,commission received from the eligible entity4 7e7 ,use of information 7#a7 ,information provided for assistance ,any information that is provided by an eligible entity to the ,commission for the purpose of obtaining assistance under subsection 7b7 may not be used as a basis for any order1 rule1 opinion1 or decision of the ,commission4 7#b7 ,information obtained by other means ,subject to applicable law1 if the information described in paragraph 7#a7 is obtained by the ,commission in a manner other than the manner described in that paragraph1 the ,commission may use that information in any manner that the ,commission determines to be appropriate if-- 7,a7 the ,commission segregates the information described in paragraph 7#a7 from information that is obtained by the ,commission in a manner not described in that paragraph2 and 7,b7 the information described in paragraph 7#a7 has been and is reviewed only by individuals authorized by the ,commission to provide assistance under subsection 7b74 7#c7 ,informal staff advice ,an officer1 employee1 agent1 or contractor of the ,commission may advise an eligible entity that information provided to the ,commission for the purpose of obtaining assistance under subsection 7b7 should also be provided to the ,commission for purposes unrelated to assistance under subsection 7b74 7f7 ,effect ,nothing in this section-- 7#a7 authorizes the ,commission to require any eligible entity to adopt any advice1 report1 recommendation1 best practice1 finding1 model1 tool1 method1 plan1 analysis1 or assessment made by the ,commission under this section2 or 7#b7 relieves an eligible entity from any obligation to comply with a lawful order or rule of the ,commission4 7g7 ,reports for eligible entities 7#a7 ,in general ,the ,commission may prepare reports-- 7,a7 for an eligible entity that requests assistance under subsection 7b72 and 7,b7 for eligible entities generally4 7#b7 ,authority ,the ,commission shall have sole discretion to prepare a report under paragraph 7#a74 7#c7 ,requirement ,a report under paragraph 7#a7 shall not identify an eligible entity without the consent of that eligible entity4 7#d7 ,effect ,a report under paragraph 7#a7-- 7,a7 shall not be binding on the ,commission2 and 7,b7 shall not relieve an eligible entity from any obligation to comply with any applicable order or rule of the ,commission4 7h7 ,savings clause ,nothing in this section affects in any manner the authority1 existing on the day before the date of enactment of the ,energy ,infrastructure ,protection ,act of #bjbj1 of-- 7#a7 the ,electric ,reliability ,organization2 7#b7 a regional entity2 7#c7 an information sharing and analysis center2 or 7#d7 a component of any ,federal department or agency other than the ,commission1 including the authority provided to-- 7,a7 the ,cybersecurity and ,infrastructure ,security ,agency2 7,b7 the national cybersecurity and communications integration center established under section #bbji7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fei7;b772 and 7,c7 the ,sector-,specific ,agency specified in section #fajjc7;c77#b7 of the ,,fast ,act 7#f ,u4,s4,c4 #aba note2 ,public ,law #aad-id74 #bcc4 ,authority of the ,secretary to offer assistance to owners and operators of energy infrastructure 7a7 ,definition of eligible entity ,in this section1 the term eligible entity means-- 7#a7 an authority of a ,state1 political subdivision1 or ,indian ,tribe2 7#b7 a ,transmission ,organization2 7#c7 an electric utility2 7#d7 a natural-gas company2 7#e7 an oil pipeline2 and 7#f7 any other owner or operator of energy infrastructure4 7b7 ,voluntary assistance on request ,on the request of an eligible entity1 the ,secretary may provide assistance to the eligible entity-- 7#a7 by reviewing the configuration of the assets of the eligible entity against threats2 7#b7 by reviewing the capability of the eligible entity to operate its assets after attacks on those assets2 7#c7 by providing information about methods and tools that owners and operators of energy infrastructure may use to defend their assets against threats2 7#d7 by providing information regarding other resources that may be available to assist the eligible entity2 7#e7 by reviewing data and other assets in the possession of the eligible entity-- 7,a7 for evidence that the data or other asset-- 7i7 has been tampered with2 or 7ii7 has otherwise been the subject of threat activity2 and 7,b7 while ensuring an adequate chain of custody to enable criminal investigation and prosecution2 7#f7 by monitoring sensor data and other information flows of the eligible entity2 and 7#g7 by testing equipment and other assets of the eligible entity4 7c7 ,research and planning ,the ,secretary shall carry out a program-- 7#a7 to gather information about the tools and methods that have been used to penetrate or defend any eligible entity or industrial control system1 including information about those tools and methods that is available from-- 7,a7 the ,department of ,homeland ,security2 7,b7 the ,department of ,defense2 7,c7 any other ,federal department or agency2 and 7,d7 any eligible entity2 7#b7 to research and plan to ensure that the ,federal ,government has access to energy infrastructure during a time of war or national crisis2 and 7#c7 to research and plan the response of the ,secretary in the event that owners and operators of energy infrastructure are attacked4 7d7 ,release of information 7#a7 ,protection of information ,any information collected or created by the ,secretary in carrying out activities under subsection 7b71 including any report prepared under subsection 7h77#a77;,a7-- 7,a7 to the extent that the information is not already designated as critical electric infrastructure information1 shall be handled by the ,secretary as if it had been designated by the ,secretary as critical electric infrastructure information under this subpart2 7,b7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7,c7 shall not be made available by any ,federal1 ,state1 political subdivision1 or ,tribal authority under any applicable law requiring public disclosure of information or records4 7#b7 ,voluntary release 7,a7 ,consent required ,subject to subparagraph 7,c71 if the source of any information described in paragraph 7#a7 provides consent1 the ,secretary may share that information with-- 7i7 the ,electric ,reliability ,organization2 7ii7 a regional entity2 7iii7 an information sharing and analysis center2 or 7iv7 an authority of a ,state1 political subdivision1 or ,indian ,tribe that is involved in protecting energy infrastructure from threats4 7,b7 ,advance consent ,consent to the disclosure of information by the ,secretary under subparagraph 7,a7 may-- 7i7 be provided in advance of the disclosure of that information to1 or the creation of that information by1 the ,secretary2 and 7ii7 be a condition precedent to obtaining assistance from the ,secretary under this section4 7,c7 ,limitation ,any information that is shared with an authority described in subparagraph 7,a77iv7 shall be exempt from disclosure by the authority as if that information were in the possession of the ,secretary under this subsection4 7#c7 ,release to ,federal authorities 7,a7 ,consent not required ,the ,secretary may share any information described in paragraph 7#a7 with a ,federal authority regardless of whether the source of that information consents to the disclosure4 7,b7 ,limitation ,any information that is shared with a ,federal authority under subparagraph 7,a7 shall be exempt from disclosure by the ,federal authority as if that information were in the possession of the ,secretary under this subsection4 7e7 ,withdrawal of request 7#a7 ,in general ,an eligible entity may withdraw a request for assistance under subsection 7b7 at any time4 7#b7 ,effect ,on withdrawal of a request under paragraph 7#a71 the ,secretary shall-- 7,a7 terminate all assistance2 and 7,b7 to the maximum extent practicable1 and subject to any ,federal law applicable to the ,secretary regarding retention of records1 return to the eligible entity all information that the ,secretary received from the eligible entity4 7f7 ,use of information 7#a7 ,information provided for assistance ,any information that is provided by an eligible entity to the ,secretary for the purpose of obtaining assistance under subsection 7b7 may not be used as a basis for any order1 rule1 opinion1 or decision of the ,secretary4 7#b7 ,information obtained by other means ,subject to applicable law1 if the information described in paragraph 7#a7 is obtained by the ,secretary in a manner other than the manner described in that paragraph1 the ,secretary may use that information in any manner that the ,secretary determines to be appropriate if-- 7,a7 the ,secretary segregates the information described in paragraph 7#a7 from information that is obtained by the ,secretary in a manner not described in that paragraph2 and 7,b7 the information described in paragraph 7#a7 has been and is reviewed only by individuals authorized by the ,secretary to provide assistance under subsection 7b74 7#c7 ,informal staff advice ,an officer1 employee1 agent1 or contractor of the ,secretary may advise an eligible entity that information provided to the ,secretary for the purpose of obtaining assistance under subsection 7b7 should also be provided to the ,secretary for purposes unrelated to assistance under subsection 7b74 7g7 ,effect ,nothing in this section-- 7#a7 authorizes the ,secretary to require any eligible entity to adopt any advice1 report1 recommendation1 best practice1 finding1 model1 tool1 method1 plan1 analysis1 or assessment made by the ,secretary under this section2 or 7#b7 relieves an eligible entity from any obligation to comply with a lawful order or rule of the ,secretary4 7h7 ,reports for eligible entities 7#a7 ,in general ,the ,secretary may prepare reports-- 7,a7 for an eligible entity that requests assistance under subsection 7b72 and 7,b7 for eligible entities generally4 7#b7 ,authority ,the ,secretary shall have sole discretion to prepare a report under paragraph 7#a74 7#c7 ,requirement ,a report under paragraph 7#a7 shall not identify an eligible entity without the consent of that eligible entity4 7#d7 ,effect ,a report under paragraph 7#a7-- 7,a7 shall not be binding on the ,secretary2 and 7,b7 shall not relieve an eligible entity from any obligation to comply with any applicable order or rule of the ,secretary4 7i7 ,savings clause ,nothing in this section affects in any manner the authority1 existing on the day before the date of enactment of the ,energy ,infrastructure ,protection ,act of #bjbj1 of-- 7#a7 the ,electric ,reliability ,organization2 7#b7 a regional entity2 7#c7 an information sharing and analysis center2 or 7#d7 a component of any ,federal department or agency other than the ,department of ,energy1 including the authority provided to-- 7,a7 the ,cybersecurity and ,infrastructure ,security ,agency2 and 7,b7 the national cybersecurity and communications integration center established under section #bbji7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fei7;b774 #bcd4 ,access to critical electric infrastructure information 7a7 ,access 7#a7 ,in general ,except as provided in paragraph 7#b71 and subject to subsections 7c7 and 7e71 the ,secretary or the ,commission1 as applicable1 shall not disclose or release critical electric infrastructure information to any individual or entity4 7#b7 ,exceptions 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary or the ,commission1 as applicable1 may disclose critical electric infrastructure information-- 7i7 to the source of the information2 7ii7 to a party or participant in a proceeding before the ,secretary or the ,commission1 if-- 7,i7 the information is relevant to that proceeding2 and 7,,ii7 each individual seeking access to the information has entered into a nondisclosure agreement with the source of the information2 7iii7 to an individual who is an officer1 employee1 agent1 or contractor of the ,secretary or the ,commission2 7iv7 to an officer1 employee1 agent1 or contractor of-- 7,i7 the ,electric ,reliability ,organization2 7,,ii7 a regional entity2 or 7,,iii7 an information sharing and analysis center2 7v7 to an officer1 employee1 agent1 or contractor of the ,federal ,government2 7vi7 to the ,president1 the ,national ,security ,council1 a member of ,congress1 a ,federal judge or magistrate1 or any officer of the ,united ,states appointed by the ,president with the advice and consent of the ,senate2 7vii7 to an individual who is an officer1 employee1 agent1 or contractor of ,congress1 the ,executive ,office of the ,president1 or a court created under article ,i or ,,iii of the ,constitution of the ,united ,states2 7viii7 to a landowner the property of which has a boundary that is crossed by1 or located within the vicinity of1 energy infrastructure1 as determined by the ,secretary or the ,commission1 as applicable1 if-- 7,i7 the landowner provides to the ,secretary or the ,commission1 as applicable1 proof of the property interest of the landowner2 and 7,,ii7 the critical electric infrastructure information consists of detailed alignment sheets concerning actual or proposed energy infrastructure within the vicinity of the property boundary1 as determined by the ,secretary or the ,commission1 as applicable2 7ix7 to an officer1 employee1 agent1 or contractor of an authority of a ,state1 political subdivision1 or ,indian ,tribe1 if each individual seeking access to the information has entered into a nondisclosure agreement with the ,secretary or ,commission1 as applicable2 7x7 to an individual holding a security clearance at the level of top secret or higher2 or 7xi7 to any other individual1 if-- 7,i7 the source of the information has given express consent to the disclosure of the information to the individual2 and 7,,ii7 a nondisclosure agreement between the source of the information and each individual seeking access to the information has been approved by-- 7aa7 an administrative law judge of1 or assigned to1 the ,department of ,energy2 or 7bb7 an administrative law judge of1 or assigned to1 the ,commission4 7,b7 ,disclosure for academic1 scientific1 or research purposes ,the ,secretary or the ,commission1 as applicable1 may disclose critical electric infrastructure information to an individual for academic1 scientific1 or research purposes1 including academic1 scientific1 or research work that is conducted by the ,department of ,energy at any laboratory of the ,department of ,energy1 if-- 7i7 the individual holds a security clearance at the level of top secret or higher2 or 7ii7 7,i7 the source of the information expressly consents to the disclosure of the information to the individual for the academic1 scientific1 or research work2 and 7,,ii7 a nondisclosure agreement between the source of the information and each individual seeking access to the information has been approved by-- 7aa7 an administrative law judge of1 or assigned to1 the ,department of ,energy2 or 7bb7 an administrative law judge of1 or assigned to1 the ,commission4 7,c7 ,authority to retain information 7i7 ,in general ,the ,secretary or the ,commission1 as applicable-- 7,i7 shall have no obligation to disclose critical electric infrastructure information to any individual or entity2 and 7,,ii7 may withhold disclosure of critical electric infrastructure information at any time1 for any reason1 at the sole discretion of the ,secretary or the ,commission1 as applicable4 7ii7 ,requirement 7,i7 ,in general ,if the ,secretary or the ,commission1 as applicable1 determines that the disclosure of critical electric infrastructure information to an individual or entity may jeopardize the common defense and security of the ,united ,states1 the information shall not be disclosed to that individual or entity4 7,,ii7 ,coordination ,the ,secretary shall share appropriate information and coordinate resources with the ,commission to ensure compliance with the requirement described in subclause 7,i74 7b7 ,nondisclosure agreements 7#a7 ,in general ,each nondisclosure agreement entered into or approved under this section shall-- 7,a7 reflect the individual circumstances concerning the parties to the agreement2 7,b7 permit the auditing of compliance with the agreement2 and 7,c7 be enforceable in law and equity by any district court of the ,united ,states4 7#b7 ,modification of standardized forms2 dispute resolution 7,a7 ,standardized forms 7i7 ,use of standardized forms permitted ,potential parties to a nondisclosure agreement may use a standardized form of agreement if that form is appropriate for the particular circumstances4 7ii7 ,modification by the parties ,notwithstanding any policy or rule of the ,secretary or the ,commission relating to standardized forms of nondisclosure agreements1 the express terms of a nondisclosure agreement shall be subject to appropriate revision by the parties to the agreement4 7,b7 ,dispute resolution 7i7 ,in general ,any dispute regarding a nondisclosure agreement1 including any dispute regarding the terms of a proposed nondisclosure agreement or compliance with an existing nondisclosure agreement1 shall be resolved by-- 7,i7 a district court of the ,united ,states2 7,,ii7 an administrative law judge of1 or assigned to1 the ,department of ,energy2 or 7,,iii7 an administrative law judge of1 or assigned to1 the ,commission4 7ii7 ,judicial review 7,i7 ,in general ,any party to a proceeding to resolve a dispute described in clause 7i7 who is aggrieved by an order issued by an administrative law judge under that clause may obtain review of that order in a district court of the ,united ,states by filing1 in accordance with subclause 7,,ii71 a petition for review in-- 7aa7 the ,united ,states ,district ,court for the ,district of ,columbia2 or 7bb7 the district court of the ,united ,states for the judicial district in which any party to the nondisclosure agreement resides4 7,,ii7 ,petition for review ,a petition for review of any order subject to review under subclause 7,i7 shall-- 7aa7 be filed not later than #cj days after the date on which the administrative law judge issues the order2 and 7bb7 request that the order be modified or set aside in whole or in part4 7#c7 ,option for ,federal form of nondisclosure agreement ,the ,secretary or the ,commission1 as applicable1 may require an individual seeking access to critical electric infrastructure information from the ,secretary or the ,commission to enter into a nondisclosure agreement with the ,secretary or the ,commission1 as applicable1 in addition to any nondisclosure agreement entered into by that individual with the source of the information4 7c7 ,disclosure of indicators1 methods1 and tools ,notwithstanding subsection 7a77#a71 the ,secretary or the ,commission1 as applicable1 may disclose indicators1 methods1 and tools that have been used in penetrating or defending energy infrastructure if-- 7#a7 the source of the information consents to the release of that information2 and 7#b7 the ,secretary or the ,commission1 as applicable1 removes all information that would enable an individual to identify the source of the information4 7d7 ,protection of information ,any critical electric infrastructure information that is disclosed by the ,secretary or the ,commission under subsection 7a77#b71 or that is required to be disclosed under a rule issued pursuant to subsection 7e77#b7-- 7#a7 shall be protected from disclosure by the recipient2 7#b7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7#c7 shall not be made available by any ,federal1 ,state1 political subdivision1 or ,tribal authority under any applicable law requiring public disclosure of information or records4 7e7 ,savings clauses 7#a7 ,information controlled by owners and operators of energy infrastructure ,nothing in this section limits the ability of an owner or operator of energy infrastructure to handle the information controlled by that owner or operator1 including information that could be designated as critical electric infrastructure information1 in whatever manner the owner or operator believes will best serve the interests of the owner or operator1 including-- 7,a7 by exchanging that information with other owners or operators of energy infrastructure2 and 7,b7 by providing that information to officers1 employees1 agents1 and contractors of the owner or operator4 7#b7 ,disclosure to certain individuals and entities 7,a7 ,in general ,except as provided in subparagraph 7,c71 nothing in this section limits the ability of the ,commission to issue or enforce a rule of general applicability requiring a public utility to disclose certain critical electric infrastructure information to an eligible recipient described in subparagraph 7,b7 that requests the information4 7,b7 ,eligible recipient described ,an eligible recipient referred to in subparagraph 7,a7 is-- 7i7 an electric utility2 7ii7 a potential or existing interconnection customer of the public utility2 7iii7 a potential or existing transmission customer of the public utility2 7iv7 a ,state regulatory authority2 or 7v7 a member of the public4 7,c7 ,requirements ,any rule described in subparagraph 7,a7 issued or enforced by the ,commission shall-- 7i7 require that each request for critical electric infrastructure information be disclosed to the source of the information2 7ii7 require disclosure only if each individual seeking access to critical electric infrastructure information has entered into a nondisclosure agreement with the source of the information2 7iii7 provide that the source of the information shall have no liability for damages associated with misuse of the critical electric infrastructure information that results in an attack on energy infrastructure2 and 7iv7 with respect to a request submitted by a member of the public1 require disclosure only after each individual seeking access to critical electric infrastructure information has entered into a nondisclosure agreement with the source of the information that has been approved by-- 7,i7 an administrative law judge of1 or assigned to1 the ,department of ,energy2 or 7,,ii7 an administrative law judge of1 or assigned to1 the ,commission4 #bce4 ,designating information held by other governmental authorities 7a7 ,definition of eligible entity ,in this section3 7#a7 ,in general ,the term eligible entity means-- 7,a7 a ,federal1 ,state1 political subdivision1 or ,tribal authority2 and 7,b7 a utility owned or operated by #a or more of the authorities described in subparagraph 7,a71 including a joint action agency or similar entity4 7#b7 ,exclusions ,the term eligible entity does not include-- 7,a7 the ,secretary2 or 7,b7 the ,commission4 7b7 ,request for designation ,an eligible entity may submit to the ,secretary or the ,commission a request to designate information that is in the possession and control of the eligible entity as critical electric infrastructure information by providing to the ,secretary or the ,commission1 as applicable1 a description of-- 7#a7 the nature of the information for which the designation is requested2 and 7#b7 the basis for the designation4 7c7 ,timing2 effect2 future information 7#a7 ,timing 7,a7 ,submission ,a request under subsection 7b7 may be submitted to the ,secretary or the ,commission at any time1 including after disclosure of the relevant information has been requested under any applicable law requiring public disclosure of information or records4 7,b7 ,treatment of submitted information ,on receipt of a request under subsection 7b71 the ,secretary or the ,commission1 as applicable1 shall treat the information that is the subject of the request as critical electric infrastructure information until the earlier of-- 7i7 the date on which the ,secretary or the ,commission1 as applicable1 designates the information as critical electric infrastructure information2 and 7ii7 the date that is #ba days after the date on which the ,secretary or ,commission1 as applicable1 provides written notice to the eligible entity that submitted the request that the request is denied4 7#b7 ,effect 7,a7 ,effect of request for public disclosure ,the submission of a request to the ,secretary or the ,commission under subsection 7b7 after a request for public disclosure of the relevant information has been made shall not prejudice any decision with respect to whether the information should be designated as critical electric infrastructure information4 7,b7 ,effect of failure to timely act on submission ,if the ,secretary or the ,commission1 as applicable1 fails to grant or deny a request submitted under subsection 7b7 by the date that is #a year after the date on which the request is submitted1 the information that is the subject of the request shall be designated as critical electric infrastructure information for a period of #aj years beginning on the date on which the request is submitted4 7#c7 ,future information ,a submission to the ,secretary or the ,commission under subsection 7b7 may concern-- 7,a7 existing information2 or 7,b7 information that is expected to be created after the date of the submission1 including any information that is expected to be created on a periodic or ongoing basis4 7d7 ,responsibility for a defense ,an eligible entity for which the ,secretary or the ,commission1 as applicable1 has granted a request to designate certain information as critical electric infrastructure information under this section1 or for which information has been designated as critical electric infrastructure information for a period of #aj years under subsection 7c77#b77;,b7-- 7#a7 shall not request that the ,secretary or the ,commission provide a defense against any claim for disclosure of the designated information2 and 7#b7 shall be entirely responsible for a defense1 including by paying for a defense1 against any claim for disclosure of the designated information under-- 7,a7 section #eeb of title #e1 ,united ,states ,code2 or 7,b7 any other applicable law 7including any ,federal1 ,state1 political subdivision1 or ,tribal law7 requiring public disclosure of information or records4 7e7 ,disclosure and release of information 7#a7 ,in general ,except as provided in paragraph 7#b7-- 7,a7 any information that is in the possession and control of an eligible entity shall not be subject to section #bcd7;d72 and 7,b7 an eligible entity may establish standards for the disclosure or release of information in the possession and control of the eligible entity4 7#b7 ,protection of certain information ,any critical electric infrastructure information that is disclosed to an eligible entity by the ,secretary or the ,commission under section #bcd7;a77#b7 or by a public utility under a rule issued pursuant to section #bcd7;e77#b7 shall be subject to section #bcd7;d74 #bcf4 ,wartime clearance 7a7 ,in general ,whenever ,congress declares that a state of war exists1 or in the event of a national disaster due to enemy attack1 the ,secretary and the ,commission are authorized1 during the state of war or period of national disaster due to enemy attack1 to confer with individuals and grant individuals access to critical electric infrastructure information pending further investigation of those individuals4 7b7 ,limitation ,the ,secretary and the ,commission may confer with individuals and grant individuals access to critical electric infrastructure information under subsection 7a7 only to the extent that1 and for so long as1 the ,secretary or the ,commission finds that such action is required to prevent impairment of the activities of the ,secretary or the ,commission that are in furtherance of the common defense and security4 #bcg4 ,enforcement and sanctions 7a7 ,enforcement ,any individual who fails to return critical electric infrastructure information by the date that is #ij days after the date on which the individual is served with a demand by the ,secretary or the ,commission to return that critical electric infrastructure information shall be subject to enforcement under sections #cad1 #caf1 and #caf;,a4 7b7 ,sanctions 7#a7 ,sanctions by the ,commission ,the ,commission shall ensure that appropriate sanctions are in place for-- 7,a7 any ,commissioner or former ,commissioner who knowingly and willfully discloses critical electric infrastructure information in a manner that is not authorized under this subpart1 with sanctions to include1 at a minimum-- 7i7 the potential loss of access to critical electric infrastructure information2 and 7ii7 the potential public issuance of letters of reprimand2 and 7,b7 any officer1 employee1 agent1 or contractor of the ,commission who knowingly and willfully discloses critical electric infrastructure information in a manner that is not authorized under this subpart4 7#b7 ,sanctions by the ,secretary ,the ,secretary shall ensure that appropriate sanctions are in place for any officer1 employee1 agent1 or contractor of the ,secretary who knowingly and willfully discloses critical electric infrastructure information in a manner that is not authorized under this subpart4 4 7e7 ,conforming amendments 7#a7 ,section #bja of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7 is amended-- 7,a7 in subsection 7b77#b7-- 7i7 by striking #bae;,a1 each place it appears2 7ii7 in the first sentence1 by inserting and subpart ,b after and #bbb2 and 7iii7 in the second sentence1 by striking #bbb1 and inserting #bbb or subpart ,b2 and 7,b7 in subsection 7e7-- 7i7 by striking #bae;,a12 and 7ii7 by inserting or subpart ,b after or #bbb4 7#b7 ,section #fjjc7;c77#a77;,a7 of the ,,fast ,act 7#f ,u4,s4,c4 #aba note2 ,public ,law #aad-id7 is amended by striking section #bae;,a and inserting section #bcj4