S.Amdt. 2690
What it does: Inserts new text at the end of section 104
Sen. Lisa Murkowski (R-AK)What it changes
1 change to S. 3414 · shown in the bill's text
Inserts new text at the end of section 104
InsertsIn S. 3414 · Placed on Calendar Senate
(iv) benefits of and impact on the economy and efficiency of the Federal procurement system, if preferential consideration were given in the procurement process to encourage the procurement of property and services that adhere to relevant baseline performance goals establishing under the Voluntary Cybersecurity Program for Critical Infrastructure.
Inserted: (d) Application of Benefits of Cybersecurity Program to Entities Subject to Mandatory Requirements.--
Inserted: (1) In general.--Subject to paragraphs (2) through (4), any entity subject to the jurisdiction of the Federal Energy Regulatory Commission under section 215 of the Federal Power Act (16 U.S.C. 824o) or to any facility subject to cybersecurity measures required by the Nuclear Regulatory Commission under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) shall be entitled to the benefits of certification provided under subsection (c) (other than subsection (c)(1)).
Inserted: (2) Eligibility.--To be eligible for the benefits of certification described in paragraph (1), an entity or facility shall demonstrate to the Secretary of Energy that it is an entity or facility described in paragraph (1).
Inserted: (3) Certified owner or operator.--If the Secretary of Energy determines that an entity or facility is an entity or facility described in paragraph (1), the entity or facility shall be considered a certified owner or operator under this section (other than subsection (c)(1)).
Inserted: (4) Effect on other laws.--Nothing in this subsection limits the applicability of any exemption from or limitation of liability or damages that a certified owner may have under any other Federal or State law (including regulations).
Inserted: (e) Federal Energy Laws.--Except as provided in subsection (d), nothing in this Act authorizes the imposition or modification of requirements relating to--
Inserted: (1)(A) the bulk-power system;
Inserted: (B) the promulgation or enforcement of reliability standards for the bulk power system (including for cybersecurity protection) by the certified Electric Reliability Organization; or
Inserted: (C) the approval or enforcement of the standards by the Federal Energy Regulatory Commission under section 215 of the Federal Power Act (16 U.S.C. 824o); or
Inserted: (2) nuclear facilities subject to cybersecurity measures required by the Nuclear Regulatory Commission under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
Original wording
At the end of section 104, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2690. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:
At the end of section 104, add the following:
(d) Application of Benefits of Cybersecurity Program to Entities Subject to Mandatory Requirements.--
(1) In general.--Subject to paragraphs (2) through (4), any entity subject to the jurisdiction of the Federal Energy Regulatory Commission under section 215 of the Federal Power Act (16 U.S.C. 824o) or to any facility subject to cybersecurity measures required by the Nuclear Regulatory Commission under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) shall be entitled to the benefits of certification provided under subsection (c) (other than subsection (c)(1)).
(2) Eligibility.--To be eligible for the benefits of certification described in paragraph (1), an entity or facility shall demonstrate to the Secretary of Energy that it is an entity or facility described in paragraph (1).
(3) Certified owner or operator.--If the Secretary of Energy determines that an entity or facility is an entity or facility described in paragraph (1), the entity or facility shall be considered a certified owner or operator under this section (other than subsection (c)(1)).
(4) Effect on other laws.--Nothing in this subsection limits the applicability of any exemption from or limitation of liability or damages that a certified owner may have under any other Federal or State law (including regulations).
(e) Federal Energy Laws.--Except as provided in subsection (d), nothing in this Act authorizes the imposition or modification of requirements relating to--
(1)(A) the bulk-power system;
(B) the promulgation or enforcement of reliability standards for the bulk power system (including for cybersecurity protection) by the certified Electric Reliability Organization; or
(C) the approval or enforcement of the standards by the Federal Energy Regulatory Commission under section 215 of the Federal Power Act (16 U.S.C. 824o); or
(2) nuclear facilities subject to cybersecurity measures required by the Nuclear Regulatory Commission under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
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Senate amendment submitted
July 31, 2012