S.Amdt. 2573

1. Adds SEC. ____. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY wherever appropriate

   Adds a section

   Inserted: SEC. ____. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

   Inserted: (a) In General.--Part II of the Federal Power Act is amended by inserting after section 215 (16 U.S.C. 824o) the following:

   Inserted: "SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

   Inserted: "(a) Definitions.--In this section:

   Inserted: "(1) Bulk-power system; electric reliability organization; regional entity.--The terms 'bulk-power system', 'Electric Reliability Organization', and 'regional entity' have the meanings given those terms in section 215.

   Inserted: "(2) Critical electric infrastructure.--The term 'critical electric infrastructure' means a system or asset of the bulk-power system, whether physical or virtual, the incapacity or destruction of which would negatively affect national security, economic security, public health or safety, or any combination of those matters.

   Inserted: "(3) Critical electric infrastructure information.--

   Inserted: "(A) In general.--The term 'critical electric infrastructure information' means information related to critical electric infrastructure, or proposed critical electric infrastructure, generated by or provided to the Commission or other Federal agency, other than classified national security information, that is designated as critical electric infrastructure information by the Commission under subsection (c)(2).

   Inserted: "(B) Inclusions.--The term 'critical electric infrastructure information' includes information that qualifies as critical energy infrastructure information under regulations promulgated by the Commission.

   Inserted: "(4) Cybersecurity threat.--The term "cybersecurity threat' means the imminent danger of an act that severely disrupts, attempts to severely disrupt, or poses a significant risk of severely disrupting the operation of programmable electronic devices or communications networks (including hardware, software, and data) essential to the reliable operation of the bulk-power system.

   Inserted: "(5) Electromagnetic pulse.--The term 'electromagnetic pulse' means 1 or more pulses of electromagnetic energy emitted by a device capable of disabling or disrupting operation of, or destroying, electronic devices or communications networks, including hardware, software, and data, by means of such a pulse.

   Inserted: "(6) Geomagnetic storm.--The term 'geomagnetic storm' means a temporary disturbance of the magnetic field of the Earth resulting from solar activity.

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   Inserted: "(7) Grid security emergency.--The term 'grid security emergency' means the imminent danger of--

   Inserted: "(A) a malicious act using electronic communication or an electromagnetic pulse, or a geomagnetic storm event, that could disrupt the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of the bulk-power system; and

   Inserted: "(B) disruption of the operation of such devices or networks, with significant adverse effects on the reliability of the bulk-power system, as a result of such act or event.

   Inserted: "(8) Secretary.--The term 'Secretary' means the Secretary of Energy.

   Inserted: "(b) Authority to Address Grid Security Emergency.--

   Inserted: "(1) Authority.--

   Inserted: "(A) In general.--If the President issues and provides to the Secretary a written directive or determination identifying a cybersecurity threat or grid security emergency, the Secretary may, with or without notice, hearing, or report, issue such orders for emergency measures as are necessary in the judgment of the Secretary to protect the bulk-power system during the cybersecurity threat or grid security emergency.

   Inserted: "(B) Rules.--As soon as practicable but not later than 180 days after the date of enactment of this section, the Secretary shall, after notice and opportunity for comment, establish rules of procedure that ensure that the authority described in subparagraph (A) can be exercised expeditiously.

   Inserted: "(2) Notification of congress.--If the President issues and provides to the Secretary a written directive or determination under paragraph (1), the President shall promptly notify congressional committees of relevant jurisdiction, including the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, of the contents of, and justification for, the directive or determination.

   Inserted: "(3) Consultation.--Before issuing an order for emergency measures under paragraph (1), the Secretary shall, to the extent practicable in light of the nature of the cybersecurity threat or grid security emergency and the urgency of the need for action, consult with appropriate governmental authorities in Canada and Mexico, entities described in paragraph (4), the Commission, and other appropriate Federal agencies regarding implementation of the emergency measures.

   Inserted: "(4) Application.--An order for emergency measures under this subsection may apply to--

   Inserted: "(A) the Electric Reliability Organization;

   Inserted: "(B) a regional entity; or

   Inserted: "(C) any owner, user, or operator of the bulk-power system.

   Inserted: "(5) Expiration and reissuance.--

   Inserted: "(A) In general.--Except as provided in subparagraph (B), an order for emergency measures issued under paragraph (1) shall expire not later than 30 days after the issuance of the order.

   Inserted: "(B) Extensions.--The Secretary may reissue an order for emergency measures issued under paragraph (1) for subsequent periods, not to exceed 30 days for each such period, if the President, for each such period, issues and provides to the Secretary a written directive or determination that the cybersecurity threat or grid security emergency identified under paragraph (1) continues to exist or that the emergency measure continues to be required.

   Inserted: "(6) Cost recovery for critical electric infrastructure.--If the Commission determines that owners, operators, or users of the critical electric infrastructure 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 owners, operators, or users, the Commission may, after notice and an opportunity for comment, prescribe standards for a public utility to seek to recover such costs by filing a rate schedule or tariff pursuant to section 205 for sales of electric energy or the transmission of electric energy subject to the jurisdiction of the Commission.

   Inserted: "(7) Temporary access to classified information.--The Secretary, and other appropriate Federal agencies, shall, to the extent practicable and consistent with the obligations of the Secretary and Federal agencies to protect classified information, provide temporary access to classified information related to a cybersecurity threat or grid security emergency for which emergency measures are issued under paragraph (1) to key personnel of any entity subject to the emergency measures to enable optimum communication between the entity and the Secretary and other appropriate Federal agencies regarding the cybersecurity threat or grid security emergency.

   Inserted: "(c) Protection and Sharing of Critical Electric Infrastructure Information.--

   Inserted: "(1) Protection of critical electric infrastructure.--Critical electric infrastructure information--

   Inserted: "(A) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and

   Inserted: "(B) shall not be made available by any State, political subdivision, or tribal authority pursuant to any State, political subdivision, or tribal law requiring disclosure of information or records.

   Inserted: "(2) Designation and sharing of critical electric infrastructure information.--Not later than 1 year after the date of enactment of this section, the Commission, in consultation with the Secretary, shall promulgate such regulations and issue such orders as necessary--

   Inserted: "(A) to designate critical electric infrastructure information;

   Inserted: "(B) to prohibit the unauthorized disclosure of critical electric infrastructure information; and

   Inserted: "(C) to ensure there are appropriate sanctions in place for Commissioners, officers, employees, or agents of the Commission who knowingly and willfully disclose critical electric infrastructure information in a manner that is not authorized under this section.

   Inserted: "(3) Considerations.--In promulgating regulations and issuing orders under paragraph (2), the Commission shall take into consideration the role of State commissions in--

   Inserted: "(A) reviewing the prudence and cost of investments;

   Inserted: "(B) determining the rates and terms of conditions for electric services; and

   Inserted: "(C) ensuring the safety and reliability of the bulk-power system and distribution facilities within the respective jurisdictions of the State commissions.

   Inserted: "(4) No required sharing of information.--Nothing in this section requires a person or entity in possession of critical electric infrastructure information to share the information with Federal, State, local, or tribal authorities, or any other person or entity.

   Inserted: "(5) Disclosure of noncritical electric infrastructure information.--In carrying out this section, the Commission shall segregate critical electric infrastructure information within documents and electronic communications, wherever feasible, to facilitate disclosure of information that is not designated as critical electric infrastructure information.

   Inserted: "(d) Security Clearances.--

   Inserted: "(1) In general.--The Secretary shall facilitate and, to the extent practicable, expedite the acquisition of adequate security clearances by key personnel of any entity subject to this section, to enable optimum communication with Federal agencies regarding threats to the security of the critical electric infrastructure.

   Inserted: "(2) Sharing.--The Secretary, the Commission, and other appropriate Federal agencies shall, to the extent practicable and consistent with the obligations of the Secretary, Commission, and Federal agencies to protect classified and critical electric infrastructure information, share timely actionable information regarding grid security with appropriate key personnel of owners, operators, and users of the critical electric infrastructure.

   Inserted: "(e) Clarifications of Liability.--

   Inserted: "(1) In general.--Except as provided in paragraph (3), 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 (b)(1), including any action or omission taken to voluntarily comply with the order, results in noncompliance with, or causes the entity not to comply with, any rule, order, regulation, or provision of this Act, including any reliability standard approved by the Commission pursuant to section 215, the action or omission shall not be considered a violation of the rule, order, regulation, or provision.

   Inserted: "(2) Relationship to other law.--Except as provided in paragraph (3), an action or omission taken by an owner, operator, or user of the bulk-power system to comply with an order for emergency measures issued under subsection (b)(1) shall be treated as an action or omission taken to comply with an order issued under section 202(c) for purposes of section 215.

   Inserted: "(3) Administration.--Nothing in this subsection requires dismissal of a cause of action against an entity that, in the course of complying with an order for emergency measures issued under subsection (b)(1) by taking an action or omission for which the entity would be liable but for paragraph (1) or (2), takes the action or omission in a grossly negligent manner.".

   Inserted: (b) Conforming Amendments.--Section 201 of the Federal Power Act (16 U.S.C. 824) is amended by inserting "215A," after "215," each place it appears in subsections (b)(2) and (e).

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As printed