Critical Electric Infrastructure Protection Act

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Critical Electric Infrastructure 
Protection Act''.

SEC. 2. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

    (a) Critical Electric Infrastructure Security.--Part II of the 
Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding after 
section 215 the following new section:

``SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

    ``(a) Definitions.--For purposes of this section:
            ``(1) Bulk-power system; electric reliability organization; 
        regional entity.--The terms `bulk-power system', `Electric 
        Reliability Organization', and `regional entity' have the 
        meanings given such terms in paragraphs (1), (2), and (7) of 
        section 215(a), respectively.
            ``(2) Critical electric infrastructure.--The term `critical 
        electric infrastructure' means a system or asset, whether 
        physical or virtual, used for the generation, transmission, or 
        distribution of electric energy affecting interstate commerce, 
        the incapacity or destruction of which would negatively affect 
        national security, economic security, public health or safety, 
        or any combination of such matters.
            ``(3) Critical electric infrastructure information.--The 
        term `critical electric infrastructure information' means 
        information related to critical electric infrastructure, or 
        proposed critical electrical infrastructure, generated by or 
        provided to the Commission, other than classified national 
        security information, that is designated as critical electric 
        infrastructure information by the Commission under subsection 
        (d)(2).
            ``(4) Defense critical electric infrastructure.--The term 
        `defense critical electric infrastructure' means any 
        infrastructure located in the United States (including the 
        territories) used for the generation, transmission, or 
        distribution of electric energy that--
                    ``(A) is not part of the bulk-power system; and
                    ``(B) serves a facility designated by the Secretary 
                pursuant to subsection (c), but is not owned or 
                operated by the owner or operator of such facility.
            ``(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.
            ``(6) Geomagnetic storm.--The term `geomagnetic storm' 
        means a temporary disturbance of the Earth's magnetic field 
        resulting from solar activity.
            ``(7) Grid security emergency.--The term `grid security 
        emergency' means the imminent danger of--
                    ``(A)(i) 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 or of defense critical electric infrastructure; 
                and
                    ``(ii) disruption of the operation of such devices 
                or networks, with significant adverse effects on the 
                reliability of the bulk-power system or of defense 
                critical electric infrastructure, as a result of such 
                act or event; or
                    ``(B)(i) a direct physical attack on the bulk-power 
                system or on defense critical electric infrastructure; 
                and
                    ``(ii) significant adverse effects on the 
                reliability of the bulk-power system or of defense 
                critical electric infrastructure as a result of such 
                physical attack.
            ``(8) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
    ``(b) Authority To Address Grid Security Emergency.--
            ``(1) Authority.--Whenever the President issues and 
        provides to the Secretary a written directive or determination 
        identifying a 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 reliability of the bulk-power system 
        or of defense critical electric infrastructure during such 
        emergency. 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 such authority can be 
        exercised expeditiously.
            ``(2) Notification of congress.--Whenever 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, such directive or determination.
            ``(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 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 such 
        emergency measures.
            ``(4) Application.--An order for emergency measures under 
        this subsection may apply to--
                    ``(A) the Electric Reliability Organization;
                    ``(B) a regional entity; or
                    ``(C) any owner, user, or operator of the bulk-
                power system or of defense critical electric 
                infrastructure within the United States.
            ``(5) Expiration and reissuance.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an order for emergency measures 
                issued under paragraph (1) shall expire no later than 
                30 days after its issuance.
                    ``(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, provided that the President, for each such 
                period, issues and provides to the Secretary a written 
                directive or determination that the grid security 
                emergency identified under paragraph (1) continues to 
                exist or that the emergency measure continues to be 
                required.
            ``(6) Cost recovery.--
                    ``(A) Bulk-power system.--If the Commission 
                determines that owners, operators, or users of the 
                bulk-power system 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 shall, after notice 
                and an opportunity for comment, establish a mechanism 
                that permits such owners, operators, or users to 
                recover such costs.
                    ``(B) Defense critical electric infrastructure.--To 
                the extent the owner or operator of defense critical 
                electric infrastructure is required to take emergency 
                measures pursuant to an order issued under this 
                subsection, the owners or operators of a facility or 
                facilities designated by the Secretary pursuant to 
                subsection (c) that rely upon such infrastructure shall 
                bear the full incremental costs of the measures.
            ``(7) Temporary access to classified information.--The 
        Secretary, and other appropriate Federal agencies, shall, to 
        the extent practicable and consistent with their obligations to 
        protect classified information, provide temporary access to 
        classified information related to a grid security emergency for 
        which emergency measures are issued under paragraph (1) to key 
        personnel of any entity subject to such emergency measures to 
        enable optimum communication between the entity and the 
        Secretary and other appropriate Federal agencies regarding the 
        grid security emergency.
    ``(c) Designation of Critical Defense Facilities.--Not later than 
180 days after the date of enactment of this section, the Secretary, in 
consultation with other appropriate Federal agencies and appropriate 
owners, users, or operators of infrastructure that may be defense 
critical electric infrastructure, shall identify and designate 
facilities located in the United States (including the territories) 
that are--
            ``(1) critical to the defense of the United States; and
            ``(2) vulnerable to a disruption of the supply of electric 
        energy provided to such facility by an external provider.
The Secretary may, in consultation with appropriate Federal agencies 
and appropriate owners, users, or operators of defense critical 
electric infrastructure, periodically revise the list of designated 
facilities as necessary.
    ``(d) Protection and Sharing of Critical Electric Infrastructure 
Information.--
            ``(1) Protection of critical electric infrastructure 
        information.--Critical electric infrastructure information--
                    ``(A) shall be exempt from disclosure under section 
                552(b)(3) of title 5, United States Code; and
                    ``(B) shall not be made available by any State, 
                local, or tribal authority pursuant to any State, 
                local, or tribal law requiring disclosure of 
                information or records.
            ``(2) Designation and sharing of critical electric 
        infrastructure information.--The Commission shall promulgate 
        such regulations and issue such orders as necessary to--
                    ``(A) designate information as critical electric 
                infrastructure information;
                    ``(B) prohibit the unauthorized disclosure of 
                critical electric infrastructure information;
                    ``(C) 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; and
                    ``(D) provide standards for and authorize the 
                appropriate voluntary sharing of critical electric 
                infrastructure information with, between, and by--
                            ``(i) Federal, State, local, and tribal 
                        authorities;
                            ``(ii) the Electric Reliability 
                        Organization;
                            ``(iii) regional entities;
                            ``(iv) Information Sharing and Analysis 
                        Centers established pursuant to Presidential 
                        Decision Directive 63;
                            ``(v) owners, operators, and users of the 
                        bulk-power system in the United States; and
                            ``(vi) other entities determined 
                        appropriate by the Commission.
            ``(3) Considerations.--In promulgating regulations and 
        issuing orders under paragraph (2), the Commission shall take 
        into consideration the role of State commissions in reviewing 
        the prudence and cost of investments, determining the rates and 
        terms of conditions for electric services, and ensuring the 
        safety and reliability of the bulk-power system and 
        distribution facilities within their respective jurisdictions.
            ``(4) Protocols.--The Commission shall, in consultation 
        with Canadian and Mexican authorities, develop protocols for 
        the voluntary sharing of critical electric infrastructure 
        information with, between, and by Canadian and Mexican 
        authorities and owners, operators, and users of the bulk-power 
        system outside the United States.
            ``(5) No required sharing of information.--Nothing in this 
        section shall require a person or entity in possession of 
        critical electric infrastructure information to share such 
        information with Federal, State, local, or tribal authorities, 
        or any other person or entity.
            ``(6) Disclosure of non-critical electric infrastructure 
        information.--In implementing 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.
    ``(e) Security Clearances.--The Secretary shall facilitate and, to 
the extent practicable, expedite the acquisition of adequate security 
clearances by key personnel of any entity subject to the requirements 
of this section, to enable optimum communication with Federal agencies 
regarding threats to the security of the critical electric 
infrastructure. The Secretary, the Commission, and other appropriate 
Federal agencies shall, to the extent practicable and consistent with 
their obligations 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.
    ``(f) Clarifications of Liability.--
            ``(1) Compliance with or violation of this act.--Except as 
        provided in paragraph (4), 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 such order, results in noncompliance with, or causes such 
        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, such action 
        or omission shall not be considered a violation of such rule, 
        order, regulation, or provision.
            ``(2)  Relation to section 202(c).--Except as provided in 
        paragraph (4), an action or omission taken by an owner, 
        operator, or user of the bulk-power system or of defense 
        critical electric infrastructure 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 such section.
            ``(3) Sharing or receipt of information.--No cause of 
        action shall lie or be maintained in any Federal or State court 
        for the sharing or receipt of information under, and that is 
        conducted in accordance with, subsection (d).
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to require 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 they would be liable but 
        for paragraph (1) or (2), takes such action or omission in a 
        grossly negligent manner.''.
    (b) Conforming Amendments.--
            (1) Jurisdiction.--Section 201(b)(2) of the Federal Power 
        Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,'' 
        after ``215,'' each place it appears.
            (2) Public utility.--Section 201(e) of the Federal Power 
        Act (16 U.S.C. 824(e)) is amended by inserting ``215A,'' after 
        ``215,''.

Summary: Critical Electric Infrastructure Protection Act Amends the Federal Power Act to authorize the Department of Energy (DOE), with or without notice, hearing, or report, to issue orders for emergency measures to protect the reliability of either the bulk-power system or the defense critical electric infrastructure whenever the President issues a written directive or determination identifying an imminent grid security emergency. Requires the President to notify specified congressional committees promptly whenever the President issues such a directive. Instructs DOE, before issuing an order for such emergency measures, to the extent practicable in light of the nature of the grid security emergency and the urgency of the need for action, to consult with governmental authorities in Canada and Mexico, regarding implementation of the emergency measures. Prescribes: (1) implementation procedures. And (2) related cost recovery measures affecting owners, operators, or users of the bulk-power system. Requires DOE, to the extent practicable and consistent with obligations to protect classified information, to provide temporary access to classified information relating to a grid security emergency to key personnel of relevant entities in order to optimize communications between them and federal agencies. Requires DOE to identify facilities in the US and its territories that are: (1) critical to the defense of the United States, and (2) vulnerable to a disruption of the supply of electric energy provided by an external provider. Exempts critical electric infrastructure information from mandatory disclosure under the Freedom of Information Act. Directs the Federal Energy Regulatory Commission to: (1) designate critical electric infrastructure information, and (2) prescribe regulations and orders prohibiting its unauthorized disclosure but also authorizing appropriate voluntary sharing with federal, state, local, and tribal authorities. Shields a person or entity in possession of critical electric infrastructure information from any cause of action for sharing or receiving information that was done in accordance with this Act.