I 

111TH CONGRESS 

1ST SESSION H. R. 71 

To amend the Federal Power Act to provide for enforcement, including 

criminal penalties, by the Federal Energy Regulatory Commission of 

electric reliability standards, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 

to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Federal Power Act to provide for enforcement, 

including criminal penalties, by the Federal Energy Regulatory Commission of electric reliability standards, 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 ‘‘Save America’s Utility 

5 Infrastructure and Secure America Now Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds that: 


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1 (1) The blackout of August 2003 in the North2 east, Midwest, and adjoining parts of Canada high3 lighted the need for infrastructure and operating im4 provements. 

5 (2) In 2005 Hurricane Wilma destroyed power 

6 in most of southern Florida, and within 6 months, 

7 Florida utility regulators inserted requirements that 

8 utilities harden their system over time and create a 

9 regular schedule of clearing vegetation from power 

10 lines to ensure electric reliability. 

11 (3) In Iowa, in 2008, over two dozen people 

12 were killed and 148 injured as a result of flooding. 

13 Flood warnings covered a span of about 325 miles 

14 from Dubuque, Iowa to St. Louis, Missouri with 

15 over 35,000 families evacuated from their homes. 

16 (4) The devastation from Hurricane Katrina 

17 and its calamitous results can still be seen across the 

18 Gulf Coast. Hurricane Katrina cost over 1,800 lives, 

19 billions of dollars in damage and catastrophic loss 

20 and the largest single loss in the history of insurance 

21 at $40.6 billion with more than 1.7 million claims 

22 across 6 States (Louisiana, Mississippi, Alabama, 

23 Florida, Tennessee, and Georgia). 

24 (5) Early estimates of Hurricane Ike’s destruc25 tion are $9.8 billion in insured damages, which 


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1 would make it the 4th most expensive hurricane in 

2 the history of the United States, according to the In3 surance Information Institute. Hurricane Katrina 

4 caused $43 billion in damages. 

5 (6) Cedric Delane passed away September 14, 

6 2008, due in part to a lack of electricity and not 

7 being identified as part of the vulnerable class of 

8 people that needed assistance immediately. Cedric 

9 was a 5th grade student at Blackshear Elementary 

10 in Houston, Texas. Cedric was an asthmatic and 

11 suffered a severe attack during Hurricane Ike. The 

12 lack of electrical power prevented the use of his 

13 breathing machine, which could possibly have saved 

14 his life. The paramedics were called and Cedric was 

15 transported to the hospital, but he did not survive. 

16 (7) There have been more than 370,000 over17 night shelter stays, over 8.77 million meals served, 

18 and over 190,000 clean-up kits and comfort kits dis19 tributed in the Houston-Galveston area of Texas 

20 after Hurricanes Gustav and Ike. 

21 (8) The Texas Public Utility Commissioners did 

22 not require electric companies on the coast to ensure 

23 reliability in their distribution systems against hurri24 canes after the Texas Public Utility Commission 

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1 grams and major upgrades, including replacing 

2 wooden electric poles with metal or concrete poles in 

3 2005 after Hurricane Rita. 

4 (9) Texas Public utility companies fought the 

5 recommendations on the grounds that upgrading the 

6 distribution system would cost far more than repair7 ing it after a storm, however the Texas Public Util8 ity Commission ordered a cost-benefit analysis of 

9 only one recommendation: moving electric sub10 stations out of flood zones. 

11 (10) There were 28 Houston-area deaths attrib12 uted to Hurricane Ike with over a half a million peo13 ple without electrical power for more than a week in14 cluding many elderly, disabled, and medically-de15 pendent persons. 

16 (11) Without criminal enforcement of reliability 

17 standards with penalties by FERC and cost-benefit 

18 studies that include United States Census and Fed19 eral Emergency Management Agency data on vulner20 able populations and loss of electricity on those pop21 ulations, greater loss of property and life will occur. 

22 SEC. 3. FERC ENFORCEMENT AUTHORITY. 

23 Section 215(e) of the Federal Power Act (16 U.S.C. 

24 824o) is amended as follows: 


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1 (1) In paragraph (1) by striking ‘‘ERO may 

2 impose, subject to paragraph (2),’’ and inserting 

3 ‘‘Commission may impose’’ and by striking ‘‘if the 

4 ERO’’ and inserting ‘‘if the Commission’’. 

5 (2) Paragraph (2) is amended to read as fol6 lows: 

7 ‘‘(2) Any person who violates any standard ap8 proved by the Commission under subsection (d) 

9 shall, upon conviction, be fined in accordance with 

10 title 18, United States Code, or imprisoned not more 

11 than 5 years, or both.’’. 

12 (3) Paragraph (4) is repealed. 

13 (4) In paragraph (6) by striking ‘‘penalty im14 posed under this section’’ and inserting ‘‘civil pen15 alty imposed under paragraph (1) of this section’’. 

16 SEC. 4. DISTURBANCES LASTING LONGER THAN 5 DAYS. 

17 Within 180 days after the enactment of this Act the 

18 Federal Energy Regulatory Commission shall issue a rule 

19 under section 215 of the Federal Power Act amending the 

20 reliability standards under that section to prohibit disturb21 ances (other than planned maintenance) lasting greater 

22 than 5 days at substations subject to section 215. 


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1 SEC. 5. STUDY AND REPORT ON EMERGENCY PLANNING 

2 PREPAREDNESS FOR VULNERABLE POPU3 LATIONS. 

4 (a) STUDY.—The Secretary of the Department of 

5 Homeland Security, acting through the Assistant Sec6 retary of the Office of the Infrastructure Protection, shall 

7 conduct a study to examine gaps in emergency planning 

8 preparedness and management as related to vulnerable 

9 populations including— 

10 (1) individuals with physical and mental disabil11 ities, visual impairments, hearing impairments, lim12 ited English proficiency, and literacy barriers; 

13 (2) socially and economically disadvantaged 

14 households and communities; 

15 (3) individuals over 65 years old; 

16 (4) minor children; and 

17 (5) individuals with pets or service animals. 

18 (b) REPORT.—Not later than one year after the date 

19 of the enactment of this Act the Secretary of the Depart20 ment of Homeland Security, acting through the Assistant 

21 Secretary of the Office of the Infrastructure Protection, 

22 shall submit to the Committee on Homeland Security of 

23 the House of Representatives and the Committee on 

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1 ate a report containing the results of the study under sub2 section (a) and any recommendations of the Secretary. 

Æ 


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