I 

114TH CONGRESS 

1ST SESSION H. R. 2271 

To amend the Federal Power Act with respect to critical electric 

infrastructure security, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2015 

Mr. LATTA (for himself, Mr. MCNERNEY, and Mrs. ELLMERS of North Carolina) introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To amend the Federal Power Act with respect to critical 

electric infrastructure security, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Critical Electric Infra5 structure Protection Act’’. 

6 SEC. 2. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY. 

7 (a) CRITICAL ELECTRIC INFRASTRUCTURE SECU8 RITY.—Part II of the Federal Power Act (16 U.S.C. 824 

9 et seq.) is amended by adding after section 215 the fol10 lowing new section: 

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1 ‘‘SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECU2 RITY. 

3 ‘‘(a) DEFINITIONS.—For purposes of this section: 

4 ‘‘(1) BULK-POWER SYSTEM; ELECTRIC RELI5 ABILITY ORGANIZATION; REGIONAL ENTITY.—The 

6 terms ‘bulk-power system’, ‘Electric Reliability Or7 ganization’, and ‘regional entity’ have the meanings 

8 given such terms in paragraphs (1), (2), and (7) of 

9 section 215(a), respectively. 

10 ‘‘(2) CRITICAL ELECTRIC INFRASTRUCTURE.— 

11 The term ‘critical electric infrastructure’ means a 

12 system or asset, whether physical or virtual, used for 

13 the generation, transmission, or distribution of elec14 tric energy affecting interstate commerce, the inca15 pacity or destruction of which would negatively af16 fect national security, economic security, public 

17 health or safety, or any combination of such mat18 ters. 

19 ‘‘(3) CRITICAL ELECTRIC INFRASTRUCTURE IN20 FORMATION.—The term ‘critical electric infrastruc21 ture information’ means information related to crit22 ical electric infrastructure, or proposed critical elec23 trical infrastructure, generated by or provided to the 

24 Commission, other than classified national security 

25 information, that is designated as critical electric inmstockstill on DSK4VPTVN1PROD with BILLS

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1 frastructure information by the Commission under 

2 subsection (d)(2). 

3 ‘‘(4) DEFENSE CRITICAL ELECTRIC INFRA4 STRUCTURE.—The term ‘defense critical electric in5 frastructure’ means any infrastructure located in the 

6 United States (including the territories) used for the 

7 generation, transmission, or distribution of electric 

8 energy that— 

9 ‘‘(A) is not part of the bulk-power system; 

10 and 

11 ‘‘(B) serves a facility designated by the 

12 Secretary pursuant to subsection (c), but is not 

13 owned or operated by the owner or operator of 

14 such facility. 

15 ‘‘(5) ELECTROMAGNETIC PULSE.—The term 

16 ‘electromagnetic pulse’ means 1 or more pulses of 

17 electromagnetic energy emitted by a device capable 

18 of disabling or disrupting operation of, or destroy19 ing, electronic devices or communications networks, 

20 including hardware, software, and data, by means of 

21 such a pulse. 

22 ‘‘(6) GEOMAGNETIC STORM.—The term ‘geo23 magnetic storm’ means a temporary disturbance of 

24 the Earth’s magnetic field resulting from solar activ25 ity. 

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1 ‘‘(7) GRID SECURITY EMERGENCY.—The term 

2 ‘grid security emergency’ means the imminent dan3 ger of— 

4 ‘‘(A)(i) a malicious act using electronic 

5 communication or an electromagnetic pulse, or 

6 a geomagnetic storm event, that could disrupt 

7 the operation of those electronic devices or com8 munications networks, including hardware, soft9 ware, and data, that are essential to the reli10 ability of the bulk-power system or of defense 

11 critical electric infrastructure; and 

12 ‘‘(ii) disruption of the operation of such 

13 devices or networks, with significant adverse ef14 fects on the reliability of the bulk-power system 

15 or of defense critical electric infrastructure, as 

16 a result of such act or event; or 

17 ‘‘(B)(i) a direct physical attack on the 

18 bulk-power system or on defense critical electric 

19 infrastructure; and 

20 ‘‘(ii) significant adverse effects on the reli21 ability of the bulk-power system or of defense 

22 critical electric infrastructure as a result of 

23 such physical attack. 

24 ‘‘(8) SECRETARY.—The term ‘Secretary’ means 

25 the Secretary of Energy. 

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1 ‘‘(b) AUTHORITY TO ADDRESS GRID SECURITY

2 EMERGENCY.— 

3 ‘‘(1) AUTHORITY.—Whenever the President 

4 issues and provides to the Secretary a written direc5 tive or determination identifying a grid security 

6 emergency, the Secretary may, with or without no7 tice, hearing, or report, issue such orders for emer8 gency measures as are necessary in the judgment of 

9 the Secretary to protect the reliability of the bulk10 power system or of defense critical electric infra11 structure during such emergency. As soon as prac12 ticable but not later than 180 days after the date of 

13 enactment of this section, the Secretary shall, after 

14 notice and opportunity for comment, establish rules 

15 of procedure that ensure that such authority can be 

16 exercised expeditiously. 

17 ‘‘(2) NOTIFICATION OF CONGRESS.—Whenever 

18 the President issues and provides to the Secretary a 

19 written directive or determination under paragraph 

20 (1), the President shall promptly notify congres21 sional committees of relevant jurisdiction, including 

22 the Committee on Energy and Commerce of the 

23 House of Representatives and the Committee on En24 ergy and Natural Resources of the Senate, of the 

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1 contents of, and justification for, such directive or 

2 determination. 

3 ‘‘(3) CONSULTATION.—Before issuing an order 

4 for emergency measures under paragraph (1), the 

5 Secretary shall, to the extent practicable in light of 

6 the nature of the grid security emergency and the 

7 urgency of the need for action, consult with appro8 priate governmental authorities in Canada and Mex9 ico, entities described in paragraph (4), the Commis10 sion, and other appropriate Federal agencies regard11 ing implementation of such emergency measures. 

12 ‘‘(4) APPLICATION.—An order for emergency 

13 measures under this subsection may apply to— 

14 ‘‘(A) the Electric Reliability Organization; 

15 ‘‘(B) a regional entity; or 

16 ‘‘(C) any owner, user, or operator of the 

17 bulk-power system or of defense critical electric 

18 infrastructure within the United States. 

19 ‘‘(5) EXPIRATION AND REISSUANCE.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (B), an order for emergency 

22 measures issued under paragraph (1) shall ex23 pire no later than 30 days after its issuance. 

24 ‘‘(B) EXTENSIONS.—The Secretary may 

25 reissue an order for emergency measures issued 

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1 under paragraph (1) for subsequent periods, 

2 not to exceed 30 days for each such period, pro3 vided that the President, for each such period, 

4 issues and provides to the Secretary a written 

5 directive or determination that the grid security 

6 emergency identified under paragraph (1) con7 tinues to exist or that the emergency measure 

8 continues to be required. 

9 ‘‘(6) COST RECOVERY.— 

10 ‘‘(A) BULK-POWER SYSTEM.—If the Com11 mission determines that owners, operators, or 

12 users of the bulk-power system have incurred 

13 substantial costs to comply with an order for 

14 emergency measures issued under this sub15 section and that such costs were prudently in16 curred and cannot reasonably be recovered 

17 through regulated rates or market prices for 

18 the electric energy or services sold by such own19 ers, operators, or users, the Commission shall, 

20 after notice and an opportunity for comment, 

21 establish a mechanism that permits such own22 ers, operators, or users to recover such costs. 

23 ‘‘(B) DEFENSE CRITICAL ELECTRIC INFRA24 STRUCTURE.—To the extent the owner or oper25 ator of defense critical electric infrastructure is 

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1 required to take emergency measures pursuant 

2 to an order issued under this subsection, the 

3 owners or operators of a facility or facilities 

4 designated by the Secretary pursuant to sub5 section (c) that rely upon such infrastructure 

6 shall bear the full incremental costs of the 

7 measures. 

8 ‘‘(7) TEMPORARY ACCESS TO CLASSIFIED IN9 FORMATION.—The Secretary, and other appropriate 

10 Federal agencies, shall, to the extent practicable and 

11 consistent with their obligations to protect classified 

12 information, provide temporary access to classified 

13 information related to a grid security emergency for 

14 which emergency measures are issued under para15 graph (1) to key personnel of any entity subject to 

16 such emergency measures to enable optimum com17 munication between the entity and the Secretary and 

18 other appropriate Federal agencies regarding the 

19 grid security emergency. 

20 ‘‘(c) DESIGNATION OF CRITICAL DEFENSE FACILI21 TIES.—Not later than 180 days after the date of enact22 ment of this section, the Secretary, in consultation with 

23 other appropriate Federal agencies and appropriate own24 ers, users, or operators of infrastructure that may be de25 fense critical electric infrastructure, shall identify and desmstockstill on DSK4VPTVN1PROD with BILLS

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1 ignate facilities located in the United States (including the 

2 territories) that are— 

3 ‘‘(1) critical to the defense of the United States; 

4 and 

5 ‘‘(2) vulnerable to a disruption of the supply of 

6 electric energy provided to such facility by an exter7 nal provider. 

8 The Secretary may, in consultation with appropriate Fed9 eral agencies and appropriate owners, users, or operators 

10 of defense critical electric infrastructure, periodically re11 vise the list of designated facilities as necessary. 

12 ‘‘(d) PROTECTION AND SHARING OF CRITICAL ELEC13 TRIC INFRASTRUCTURE INFORMATION.— 

14 ‘‘(1) PROTECTION OF CRITICAL ELECTRIC IN15 FRASTRUCTURE INFORMATION.—Critical electric in16 frastructure information— 

17 ‘‘(A) shall be exempt from disclosure under 

18 section 552(b)(3) of title 5, United States Code; 

19 and 

20 ‘‘(B) shall not be made available by any 

21 State, local, or tribal authority pursuant to any 

22 State, local, or tribal law requiring disclosure of 

23 information or records. 

24 ‘‘(2) DESIGNATION AND SHARING OF CRITICAL

25 ELECTRIC INFRASTRUCTURE INFORMATION.—The 

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1 Commission shall promulgate such regulations and 

2 issue such orders as necessary to— 

3 ‘‘(A) designate information as critical elec4 tric infrastructure information; 

5 ‘‘(B) prohibit the unauthorized disclosure 

6 of critical electric infrastructure information; 

7 ‘‘(C) ensure there are appropriate sanc8 tions in place for commissioners, officers, em9 ployees, or agents of the Commission who 

10 knowingly and willfully disclose critical electric 

11 infrastructure information in a manner that is 

12 not authorized under this section; and 

13 ‘‘(D) provide standards for and authorize 

14 the appropriate voluntary sharing of critical 

15 electric infrastructure information with, be16 tween, and by— 

17 ‘‘(i) Federal, State, local, and tribal 

18 authorities; 

19 ‘‘(ii) the Electric Reliability Organiza20 tion; 

21 ‘‘(iii) regional entities; 

22 ‘‘(iv) Information Sharing and Anal23 ysis Centers established pursuant to Presi24 dential Decision Directive 63; 

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1 ‘‘(v) owners, operators, and users of 

2 the bulk-power system in the United 

3 States; and 

4 ‘‘(vi) other entities determined appro5 priate by the Commission. 

6 ‘‘(3) CONSIDERATIONS.—In promulgating regu7 lations and issuing orders under paragraph (2), the 

8 Commission shall take into consideration the role of 

9 State commissions in reviewing the prudence and 

10 cost of investments, determining the rates and terms 

11 of conditions for electric services, and ensuring the 

12 safety and reliability of the bulk-power system and 

13 distribution facilities within their respective jurisdic14 tions. 

15 ‘‘(4) PROTOCOLS.—The Commission shall, in 

16 consultation with Canadian and Mexican authorities, 

17 develop protocols for the voluntary sharing of critical 

18 electric infrastructure information with, between, 

19 and by Canadian and Mexican authorities and own20 ers, operators, and users of the bulk-power system 

21 outside the United States. 

22 ‘‘(5) NO REQUIRED SHARING OF INFORMA23 TION.—Nothing in this section shall require a person 

24 or entity in possession of critical electric infrastruc25 ture information to share such information with 

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1 Federal, State, local, or tribal authorities, or any 

2 other person or entity. 

3 ‘‘(6) DISCLOSURE OF NON-CRITICAL ELECTRIC

4 INFRASTRUCTURE INFORMATION.—In implementing 

5 this section, the Commission shall segregate critical 

6 electric infrastructure information within documents 

7 and electronic communications, wherever feasible, to 

8 facilitate disclosure of information that is not des9 ignated as critical electric infrastructure informa10 tion. 

11 ‘‘(e) SECURITY CLEARANCES.—The Secretary shall 

12 facilitate and, to the extent practicable, expedite the acqui13 sition of adequate security clearances by key personnel of 

14 any entity subject to the requirements of this section, to 

15 enable optimum communication with Federal agencies re16 garding threats to the security of the critical electric infra17 structure. The Secretary, the Commission, and other ap18 propriate Federal agencies shall, to the extent practicable 

19 and consistent with their obligations to protect classified 

20 and critical electric infrastructure information, share time21 ly actionable information regarding grid security with ap22 propriate key personnel of owners, operators, and users 

23 of the critical electric infrastructure. 

24 ‘‘(f) CLARIFICATIONS OF LIABILITY.— 

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1 ‘‘(1) COMPLIANCE WITH OR VIOLATION OF THIS

2 ACT.—Except as provided in paragraph (4), to the 

3 extent any action or omission taken by an entity 

4 that is necessary to comply with an order for emer5 gency measures issued under subsection (b)(1), in6 cluding any action or omission taken to voluntarily 

7 comply with such order, results in noncompliance 

8 with, or causes such entity not to comply with any 

9 rule, order, regulation, or provision of this Act, in10 cluding any reliability standard approved by the 

11 Commission pursuant to section 215, such action or 

12 omission shall not be considered a violation of such 

13 rule, order, regulation, or provision. 

14 ‘‘(2) RELATION TO SECTION 202(c).—Except as 

15 provided in paragraph (4), an action or omission 

16 taken by an owner, operator, or user of the bulk17 power system or of defense critical electric infra18 structure to comply with an order for emergency 

19 measures issued under subsection (b)(1) shall be 

20 treated as an action or omission taken to comply 

21 with an order issued under section 202(c) for pur22 poses of such section. 

23 ‘‘(3) SHARING OR RECEIPT OF INFORMATION.— 

24 No cause of action shall lie or be maintained in any 

25 Federal or State court for the sharing or receipt of 

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1 information under, and that is conducted in accord2 ance with, subsection (d). 

3 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

4 this subsection shall be construed to require dis5 missal of a cause of action against an entity that, 

6 in the course of complying with an order for emer7 gency measures issued under subsection (b)(1) by 

8 taking an action or omission for which they would 

9 be liable but for paragraph (1) or (2), takes such ac10 tion or omission in a grossly negligent manner.’’. 

11 (b) CONFORMING AMENDMENTS.— 

12 (1) JURISDICTION.—Section 201(b)(2) of the 

13 Federal Power Act (16 U.S.C. 824(b)(2)) is amend14 ed by inserting ‘‘215A,’’ after ‘‘215,’’ each place it 

15 appears. 

16 (2) PUBLIC UTILITY.—Section 201(e) of the 

17 Federal Power Act (16 U.S.C. 824(e)) is amended 

18 by inserting ‘‘215A,’’ after ‘‘215,’’. 

Æ 

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