I 

113TH CONGRESS 

2D SESSION H. R. 4298 

To amend the Federal Power Act to protect the bulk-power system and 

electric infrastructure critical to the defense of the United States against 

cybersecurity, physical, and other threats and vulnerabilities. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2014 

Mr. WAXMAN introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Federal Power Act to protect the bulk-power 

system and electric infrastructure critical to the defense 

of the United States against cybersecurity, physical, and 

other threats and vulnerabilities. 

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 ‘‘Grid Reliability and 

5 Infrastructure Defense Act’’ or the ‘‘GRID Act’’. 

6 SEC. 2. AMENDMENT TO THE FEDERAL POWER ACT. 

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


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1 et seq.) is amended by adding after section 215 the fol2 lowing new section: 

3 ‘‘SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECU4 RITY. 

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

6 ‘‘(1) BULK-POWER SYSTEM; ELECTRIC RELI7 ABILITY ORGANIZATION; REGIONAL ENTITY.—The 

8 terms ‘bulk-power system’, ‘Electric Reliability Or9 ganization’, and ‘regional entity’ have the meanings 

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

11 section 215(a), respectively. 

12 ‘‘(2) DEFENSE CRITICAL ELECTRIC INFRA13 STRUCTURE.—The term ‘defense critical electric in14 frastructure’ means any infrastructure located in the 

15 United States (including the territories) used for the 

16 generation, transmission, or distribution of electric 

17 energy that— 

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

19 and 

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

21 President pursuant to subsection (d)(1), but is 

22 not owned or operated by the owner or operator 

23 of such facility. 

24 ‘‘(3) DEFENSE CRITICAL ELECTRIC INFRA25 STRUCTURE VULNERABILITY.—The term ‘defense 


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1 critical electric infrastructure vulnerability’ means a 

2 weakness in defense critical electric infrastructure 

3 that, in the event of— 

4 ‘‘(A) a malicious act using electronic com5 munication or an electromagnetic pulse, would 

6 pose a substantial risk of disruption of those 

7 electronic devices or communications networks, 

8 including hardware, software, and data, that 

9 are essential to the reliability of defense critical 

10 electric infrastructure; or 

11 ‘‘(B) a direct physical attack on defense 

12 critical electric infrastructure, would pose a 

13 substantial risk of significant adverse effects on 

14 the reliability of defense critical electric infra15 structure. 

16 ‘‘(4) ELECTROMAGNETIC PULSE.—The term 

17 ‘electromagnetic pulse’ means 1 or more pulses of 

18 electromagnetic energy, emitted by any device or 

19 weapon capable of generating such a pulse, that 

20 would pose a substantial risk of disruption to the op21 eration of those electronic devices or communications 

22 networks, including hardware, software, and data, 

23 that are essential to the reliability of systems nec24 essary for the generation, transmission, and dis25 tribution of electric energy. 


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1 ‘‘(5) GEOMAGNETIC STORM.—The term ‘geo2 magnetic storm’ means a temporary disturbance of 

3 the Earth’s magnetic field resulting from solar activ4 ity. 

5 ‘‘(6) GRID SECURITY THREAT.—The term ‘grid 

6 security threat’ means a substantial likelihood of— 

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

8 communication or an electromagnetic pulse, or 

9 a geomagnetic storm event, that could disrupt 

10 the operation of those electronic devices or com11 munications networks, including hardware, soft12 ware, and data, that are essential to the reli13 ability of the bulk-power system or of defense 

14 critical electric infrastructure; and 

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

16 devices or networks, with significant adverse ef17 fects on the reliability of the bulk-power system 

18 or of defense critical electric infrastructure, as 

19 a result of such act or event; or 

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

21 bulk-power system or on defense critical electric 

22 infrastructure; and 

23 ‘‘(ii) significant adverse effects on the reli24 ability of the bulk-power system or of defense 


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1 critical electric infrastructure as a result of 

2 such physical attack. 

3 ‘‘(7) GRID SECURITY VULNERABILITY.—The 

4 term ‘grid security vulnerability’ means a weakness 

5 in the bulk-power system that, in the event of— 

6 ‘‘(A) a malicious act using electronic com7 munication or an electromagnetic pulse, would 

8 pose a substantial risk of disruption to the op9 eration of those electronic devices or commu10 nications networks, including hardware, soft11 ware, and data, that are essential to the reli12 ability of the bulk-power system; or 

13 ‘‘(B) a direct physical attack on the bulk14 power system, would pose a substantial risk of 

15 significant adverse effects on the reliability of 

16 the bulk-power system. 

17 ‘‘(8) LARGE TRANSFORMER.—The term ‘large 

18 transformer’ means an electric transformer that is 

19 part of the bulk-power system. 

20 ‘‘(9) PROTECTED INFORMATION.—The term 

21 ‘protected information’ means information, other 

22 than classified national security information, des23 ignated as protected information by the Commission 

24 under subsection (e)(2)— 


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1 ‘‘(A) that was developed or submitted in 

2 connection with the implementation of this sec3 tion; 

4 ‘‘(B) that specifically discusses grid secu5 rity threats, grid security vulnerabilities, de6 fense critical electric infrastructure 

7 vulnerabilities, or plans, procedures, or meas8 ures to address such threats or vulnerabilities; 

9 and 

10 ‘‘(C) the unauthorized disclosure of which 

11 could be used in a malicious manner to impair 

12 the reliability of the bulk-power system or of 

13 defense critical electric infrastructure. 

14 ‘‘(10) SECRETARY.—The term ‘Secretary’ 

15 means the Secretary of Energy. 

16 ‘‘(11) SECURITY.—The definition of ‘security’ 

17 in section 3(16) shall not apply to the provisions in 

18 this section. 

19 ‘‘(b) EMERGENCY RESPONSE MEASURES.— 

20 ‘‘(1) AUTHORITY TO ADDRESS GRID SECURITY

21 THREATS.—Whenever the President issues and pro22 vides to the Commission (either directly or through 

23 the Secretary) a written directive or determination 

24 identifying an imminent grid security threat, the 

25 Commission may, with or without notice, hearing, or 


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1 report, issue such orders for emergency measures as 

2 are necessary in its judgment to protect the reli3 ability of the bulk-power system or of defense critical 

4 electric infrastructure against such threat. As soon 

5 as practicable but not later than 180 days after the 

6 date of enactment of this section, the Commission 

7 shall, after notice and opportunity for comment, es8 tablish rules of procedure that ensure that such au9 thority can be exercised expeditiously. 

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

11 the President issues and provides to the Commission 

12 (either directly or through the Secretary) a written 

13 directive or determination under paragraph (1), the 

14 President (or the Secretary, as the case may be) 

15 shall promptly notify congressional committees of 

16 relevant jurisdiction, including the Committee on 

17 Energy and Commerce of the House of Representa18 tives and the Committee on Energy and Natural Re19 sources of the Senate, of the contents of, and jus20 tification for, such directive or determination. 

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

22 for emergency measures under paragraph (1), the 

23 Commission shall, to the extent practicable in light 

24 of the nature of the grid security threat and the ur25 gency of the need for such emergency measures, conVerDate Mar 15 2010 03:35 Mar 27, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4298.IH H4298

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1 sult with appropriate governmental authorities in 

2 Canada and Mexico, entities described in paragraph 

3 (4), the Secretary, and other appropriate Federal 

4 agencies regarding implementation of such emer5 gency measures. 

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

7 measures under this subsection may apply to— 

8 ‘‘(A) the Electric Reliability Organization; 

9 ‘‘(B) a regional entity; or 

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

11 bulk-power system or of defense critical electric 

12 infrastructure within the United States. 

13 ‘‘(5) DISCONTINUANCE.—The Commission shall 

14 issue an order discontinuing any emergency meas15 ures ordered under this subsection, effective not 

16 later than 30 days after the earliest of the following: 

17 ‘‘(A) The date upon which the President 

18 issues and provides to the Commission (either 

19 directly or through the Secretary) a written di20 rective or determination that the grid security 

21 threat identified under paragraph (1) no longer 

22 exists. 

23 ‘‘(B) The date upon which the Commission 

24 issues a written determination that the emer25 gency measures are no longer needed to address 


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1 the grid security threat identified under para2 graph (1), including by means of Commission 

3 approval of a reliability standard under section 

4 215 that the Commission determines adequately 

5 addresses such threat. 

6 ‘‘(C) The date that is 1 year after the 

7 issuance of an order under paragraph (1). 

8 ‘‘(6) COST RECOVERY.—If the Commission de9 termines that owners, operators, or users of the 

10 bulk-power system or of defense critical electric in11 frastructure have incurred substantial costs to com12 ply with an order under this subsection and that 

13 such costs were prudently incurred and cannot rea14 sonably be recovered through regulated rates or 

15 market prices for the electric energy or services sold 

16 by such owners, operators, or users, the Commission 

17 shall, after notice and an opportunity for comment, 

18 establish a mechanism that permits such owners, op19 erators, or users to recover such costs. 

20 ‘‘(c) MEASURES TO ADDRESS GRID SECURITY

21 VULNERABILITIES.— 

22 ‘‘(1) COMMISSION AUTHORITY.—If the Commis23 sion, in consultation with appropriate Federal agen24 cies, identifies a grid security vulnerability that the 

25 Commission determines has not adequately been adVerDate Mar 15 2010 03:35 Mar 27, 2014 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4298.IH H4298

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1 dressed through a reliability standard developed and 

2 approved under section 215, the Commission shall, 

3 after notice and opportunity for comment and after 

4 consultation with the Secretary, other appropriate 

5 Federal agencies, and appropriate governmental au6 thorities in Canada and Mexico, promulgate a rule 

7 or issue an order requiring implementation, by any 

8 owner, operator, or user of the bulk-power system in 

9 the United States, of measures to protect the bulk10 power system against such vulnerability. Before pro11 mulgating a rule or issuing an order under this 

12 paragraph, the Commission shall, to the extent prac13 ticable in light of the urgency of the need for action 

14 to address the grid security vulnerability, request 

15 and consider recommendations from the Electric Re16 liability Organization regarding such rule or order. 

17 The Commission may establish an appropriate dead18 line for the submission of such recommendations. 

19 ‘‘(2) CERTAIN EXISTING CYBERSECURITY

20 VULNERABILITIES.—Not later than 180 days after 

21 the date of enactment of this section, the Commis22 sion shall, after notice and opportunity for comment 

23 and after consultation with the Secretary, other ap24 propriate Federal agencies, and appropriate govern25 mental authorities in Canada and Mexico, promulVerDate Mar 15 2010 03:35 Mar 27, 2014 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4298.IH H4298

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1 gate a rule or issue an order requiring the imple2 mentation, by any owner, user, or operator of the 

3 bulk-power system in the United States, of such 

4 measures as are necessary to protect the bulk-power 

5 system against the vulnerabilities identified in the 

6 June 21, 2007, communication to certain ‘Electricity 

7 Sector Owners and Operators’ from the North 

8 American Electric Reliability Corporation, acting in 

9 its capacity as the Electricity Sector Information 

10 and Analysis Center. 

11 ‘‘(3) RESCISSION.—The Commission shall ap12 prove a reliability standard developed under section 

13 215 that addresses a grid security vulnerability that 

14 is the subject of a rule or order under paragraph (1) 

15 or (2), unless the Commission determines that such 

16 reliability standard does not adequately protect 

17 against such vulnerability or otherwise does not sat18 isfy the requirements of section 215. Upon such ap19 proval, the Commission shall rescind the rule pro20 mulgated or order issued under paragraph (1) or (2) 

21 addressing such vulnerability, effective upon the ef22 fective date of the newly approved reliability stand23 ard. 

24 ‘‘(4) LARGE TRANSFORMER AVAILABILITY.— 

25 Not later than 1 year after the date of enactment 


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1 of this section, the Commission shall, after notice 

2 and an opportunity for comment and after consulta3 tion with the Secretary and other appropriate Fed4 eral agencies, issue an order directing the Electric 

5 Reliability Organization to submit to the Commis6 sion for approval under section 215, not later than 

7 1 year after the issuance of such order, reliability 

8 standards addressing availability of large trans9 formers. Such standards shall require entities that 

10 own or operate large transformers to ensure, individ11 ually or jointly, adequate availability of large trans12 formers to promptly restore the reliable operation of 

13 the bulk-power system in the event that any such 

14 transformer is destroyed or disabled as a result of 

15 a reasonably foreseeable physical or other attack or 

16 geomagnetic storm event. The Commission’s order 

17 shall specify the nature and magnitude of the rea18 sonably foreseeable attacks or events that shall pro19 vide the basis for such standards. Such standards 

20 shall— 

21 ‘‘(A) provide entities subject to the stand22 ards with the option of meeting such standards 

23 individually or jointly; and 

24 ‘‘(B) appropriately balance the risks asso25 ciated with a reasonably foreseeable attack or 


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1 event, including any regional variation in such 

2 risks, and the costs of ensuring adequate avail3 ability of spare transformers. 

4 ‘‘(d) CRITICAL DEFENSE FACILITIES.— 

5 ‘‘(1) DESIGNATION.—Not later than 180 days 

6 after the date of enactment of this section, the 

7 President shall designate, in a written directive or 

8 determination provided to the Commission, facilities 

9 located in the United States (including the terri10 tories) that are— 

11 ‘‘(A) critical to the defense of the United 

12 States; and 

13 ‘‘(B) vulnerable to a disruption of the sup14 ply of electric energy provided to such facility 

15 by an external provider. 

16 The number of facilities designated by such directive 

17 or determination shall not exceed 100. The Presi18 dent may periodically revise the list of designated fa19 cilities through a subsequent written directive or de20 termination provided to the Commission, provided 

21 that the total number of designated facilities at any 

22 time shall not exceed 100. 

23 ‘‘(2) COMMISSION AUTHORITY.—If the Commis24 sion identifies a defense critical electric infrastruc25 ture vulnerability that the Commission, in consultaVerDate Mar 15 2010 03:35 Mar 27, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4298.IH H4298

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1 tion with owners and operators of any facility or fa2 cilities designated by the President pursuant to 

3 paragraph (1), determines has not adequately been 

4 addressed through measures undertaken by owners 

5 or operators of defense critical electric infrastruc6 ture, the Commission shall, after notice and an op7 portunity for comment and after consultation with 

8 the Secretary and other appropriate Federal agen9 cies, promulgate a rule or issue an order requiring 

10 implementation, by any owner or operator of defense 

11 critical electric infrastructure, of measures to protect 

12 the defense critical electric infrastructure against 

13 such vulnerability. The Commission shall exempt 

14 from any such rule or order any specific defense 

15 critical electric infrastructure that the Commission 

16 determines already has been adequately protected 

17 against the identified vulnerability. The Commission 

18 shall make any such determination in consultation 

19 with the owner or operator of the facility designated 

20 by the President pursuant to paragraph (1) that re21 lies upon such defense critical electric infrastructure. 

22 ‘‘(3) COST RECOVERY.—An owner or operator 

23 of defense critical electric infrastructure shall be re24 quired to take measures under paragraph (2) only to 

25 the extent that the owners or operators of a facility 


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1 or facilities designated by the President pursuant to 

2 paragraph (1) that rely upon such infrastructure 

3 agree to bear the full incremental costs of compli4 ance with a rule promulgated or order issued under 

5 paragraph (2). 

6 ‘‘(e) PROTECTION OF INFORMATION.— 

7 ‘‘(1) PROHIBITION OF PUBLIC DISCLOSURE OF

8 PROTECTED INFORMATION.—Protected informa9 tion— 

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

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

12 and 

13 ‘‘(B) shall not be made available pursuant 

14 to any State, local, or tribal law requiring dis15 closure of information or records. 

16 ‘‘(2) INFORMATION SHARING.— 

17 ‘‘(A) IN GENERAL.—Consistent with the 

18 Controlled Unclassified Information framework 

19 established by the President, the Commission 

20 shall promulgate such regulations and issue 

21 such orders as necessary to designate protected 

22 information and to prohibit the unauthorized 

23 disclosure of such protected information. 

24 ‘‘(B) SHARING OF PROTECTED INFORMA25 TION.—The regulations promulgated and orders 


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1 issued pursuant to subparagraph (A) shall pro2 vide standards for and facilitate the appropriate 

3 sharing of protected information with, between, 

4 and by Federal, State, local, and tribal authori5 ties, the Electric Reliability Organization, re6 gional entities, and owners, operators, and 

7 users of the bulk-power system in the United 

8 States and of defense critical electric infrastruc9 ture. In promulgating such regulations and 

10 issuing such orders, the Commission shall take 

11 account of the role of State commissions in re12 viewing the prudence and cost of investments 

13 within their respective jurisdictions. The Com14 mission shall consult with appropriate Canadian 

15 and Mexican authorities to develop protocols for 

16 the sharing of protected information with, be17 tween, and by appropriate Canadian and Mexi18 can authorities and owners, operators, and 

19 users of the bulk-power system outside the 

20 United States. 

21 ‘‘(3) SUBMISSION OF INFORMATION TO CON22 GRESS.—Nothing in this section shall permit or au23 thorize the withholding of information from Con24 gress, any committee or subcommittee thereof, or 

25 the Comptroller General. 


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1 ‘‘(4) DISCLOSURE OF NON-PROTECTED INFOR2 MATION.—In implementing this section, the Com3 mission shall protect from disclosure only the min4 imum amount of information necessary to protect 

5 the reliability of the bulk-power system and of de6 fense critical electric infrastructure. The Commission 

7 shall segregate protected information within docu8 ments and electronic communications, wherever fea9 sible, to facilitate disclosure of information that is 

10 not designated as protected information. 

11 ‘‘(5) DURATION OF DESIGNATION.—Informa12 tion may not be designated as protected information 

13 for longer than 5 years, unless specifically redesig14 nated by the Commission. 

15 ‘‘(6) REMOVAL OF DESIGNATION.—The Com16 mission may remove the designation of protected in17 formation, in whole or in part, from a document or 

18 electronic communication if the unauthorized disclo19 sure of such information could no longer be used to 

20 impair the reliability of the bulk-power system or of 

21 defense critical electric infrastructure. 

22 ‘‘(7) JUDICIAL REVIEW OF DESIGNATIONS.— 

23 Notwithstanding subsection (f) of this section or sec24 tion 313, a person or entity may seek judicial review 

25 of a determination by the Commission concerning 


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1 the designation of protected information under this 

2 subsection exclusively in the district court of the 

3 United States in the district in which the complain4 ant resides, or has his principal place of business, or 

5 in the District of Columbia. In such a case the court 

6 shall determine the matter de novo, and may exam7 ine the contents of documents or electronic commu8 nications designated as protected information in 

9 camera to determine whether such documents or any 

10 part thereof were improperly designated as protected 

11 information. The burden is on the Commission to 

12 sustain its designation. 

13 ‘‘(f) JUDICIAL REVIEW.—The Commission shall act 

14 expeditiously to resolve all applications for rehearing of 

15 orders issued pursuant to this section that are filed under 

16 section 313(a). Any party seeking judicial review pursuant 

17 to section 313 of an order issued under this section may 

18 obtain such review only in the United States Court of Ap19 peals for the District of Columbia Circuit. 

20 ‘‘(g) PROVISION OF ASSISTANCE TO INDUSTRY IN

21 MEETING GRID SECURITY PROTECTION NEEDS.— 

22 ‘‘(1) EXPERTISE AND RESOURCES.—The Sec23 retary shall establish a program, in consultation with 

24 other appropriate Federal agencies, to develop tech25 nical expertise in the protection of systems for the 


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1 generation, transmission, and distribution of electric 

2 energy against geomagnetic storms or malicious acts 

3 using electronic communications or electromagnetic 

4 pulse that would pose a substantial risk of disrup5 tion to the operation of those electronic devices or 

6 communications networks, including hardware, soft7 ware, and data, that are essential to the reliability 

8 of such systems. Such program shall include the 

9 identification and development of appropriate tech10 nical and electronic resources, including hardware, 

11 software, and system equipment. 

12 ‘‘(2) SHARING EXPERTISE.—As appropriate, 

13 the Secretary shall offer to share technical expertise 

14 developed under the program under paragraph (1), 

15 through consultation and assistance, with owners, 

16 operators, or users of systems for the generation, 

17 transmission, or distribution of electric energy lo18 cated in the United States and with State commis19 sions. In offering such support, the Secretary shall 

20 assign higher priority to systems serving facilities 

21 designated by the President pursuant to subsection 

22 (d)(1) and other critical-infrastructure facilities, 

23 which the Secretary shall identify in consultation 

24 with the Commission and other appropriate Federal 

25 agencies. 


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1 ‘‘(3) SECURITY CLEARANCES AND COMMUNICA2 TION.—The Secretary shall facilitate and, to the ex3 tent practicable, expedite the acquisition of adequate 

4 security clearances by key personnel of any entity 

5 subject to the requirements of this section to enable 

6 optimum communication with Federal agencies re7 garding grid security threats, grid security 

8 vulnerabilities, and defense critical electric infra9 structure vulnerabilities. The Secretary, the Com10 mission, and other appropriate Federal agencies 

11 shall, to the extent practicable and consistent with 

12 their obligations to protect classified and protected 

13 information, share timely actionable information re14 garding grid security threats, grid security 

15 vulnerabilities, and defense critical electric infra16 structure vulnerabilities with appropriate key per17 sonnel of owners, operators, and users of the bulk18 power system and of defense critical electric infra19 structure. 

20 ‘‘(h) CERTAIN FEDERAL ENTITIES.—For the 11-year 

21 period commencing on the date of enactment of this sec22 tion, the Tennessee Valley Authority and the Bonneville 

23 Power Administration shall be exempt from any require24 ment under subsection (b) or (c) (except for any requireVerDate Mar 15 2010 03:35 Mar 27, 2014 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4298.IH H4298

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1 ment addressing a malicious act using electronic commu2 nication).’’. 

3 (b) CONFORMING AMENDMENTS.— 

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

5 Federal Power Act (16 U.S.C. 824(b)(2)) is amend6 ed by inserting ‘‘215A,’’ after ‘‘215,’’ each place it 

7 appears. 

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

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

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

Æ 


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