IB 

Union Calendar No. 281 

111TH CONGRESS 

2D SESSION H. R. 5026 

[Report No. 111–493] 

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

electric infrastructure critical to the defense of the United States from 

cybersecurity and other threats and vulnerabilities. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 14, 2010 

Mr. MARKEY of Massachusetts (for himself and Mr. UPTON) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

MAY 25, 2010 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 14, 2010] 


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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 from cybersecurity and other threats 

and vulnerabilities. 


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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 

9 et seq.) is amended by adding after section 215 the following 

10 new section: 

11 ‘‘SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECU12 RITY. 

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

14 ‘‘(1) BULK-POWER SYSTEM; ELECTRIC RELI15 ABILITY ORGANIZATION; REGIONAL ENTITY.—The 

16 terms ‘bulk-power system’, ‘Electric Reliability Orga17 nization’, and ‘regional entity’ have the meanings 

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

19 section 215(a), respectively. 

20 ‘‘(2) DEFENSE CRITICAL ELECTRIC INFRASTRUC21 TURE.—The term ‘defense critical electric infrastruc22 ture’ means any infrastructure located in the United 

23 States (including the territories) used for the genera24 tion, transmission, or distribution of electric energy 

25 that— 


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

2 and 

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

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

5 not owned or operated by the owner or operator 

6 of such facility. 

7 ‘‘(3) DEFENSE CRITICAL ELECTRIC INFRASTRUC8 TURE VULNERABILITY.—The term ‘defense critical 

9 electric infrastructure vulnerability’ means a weak10 ness in defense critical electric infrastructure that, in 

11 the event of a malicious act using electronic commu12 nication or an electromagnetic pulse, would pose a 

13 substantial risk of disruption of those electronic de14 vices or communications networks, including hard15 ware, software, and data, that are essential to the re16 liability of defense critical electric infrastructure. 

17 ‘‘(4) ELECTROMAGNETIC PULSE.—The term ‘elec18 tromagnetic pulse’ means 1 or more pulses of electro19 magnetic energy emitted by a device capable of dis20 abling, disrupting, or destroying electronic equipment 

21 by means of such a pulse. 

22 ‘‘(5) 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 ‘‘(6) GRID SECURITY THREAT.—The term ‘grid 

2 security threat’ means a substantial likelihood of— 

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

4 communication or an electromagnetic pulse, or a 

5 geomagnetic storm event, that could disrupt the 

6 operation of those electronic devices or commu7 nications networks, including hardware, soft8 ware, and data, that are essential to the reli9 ability of the bulk-power system or of defense 

10 critical electric infrastructure; and 

11 ‘‘(ii) disruption of the operation of such de12 vices or networks, with significant adverse effects 

13 on the reliability of the bulk-power system or of 

14 defense critical electric infrastructure, as a result 

15 of such act or event; or 

16 ‘‘(B)(i) a direct physical attack on the bulk17 power system or on defense critical electric infra18 structure; and 

19 ‘‘(ii) significant adverse effects on the reli20 ability of the bulk-power system or of defense 

21 critical electric infrastructure as a result of such 

22 physical attack. 

23 ‘‘(7) GRID SECURITY VULNERABILITY.—The term 

24 ‘grid security vulnerability’ means a weakness that, 

25 in the event of a malicious act using electronic comVerDate Mar 15 2010 23:53 May 25, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H5026.RH H5026

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1 munication or an electromagnetic pulse, would pose a 

2 substantial risk of disruption to the operation of those 

3 electronic devices or communications networks, in4 cluding hardware, software, and data, that are essen5 tial to the reliability of the bulk-power system. 

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

7 transformer’ means an electric transformer that is 

8 part of the bulk-power system. 

9 ‘‘(9) PROTECTED INFORMATION.—The term ‘pro10 tected information’ means information, other than 

11 classified national security information, designated as 

12 protected information by the Commission under sub13 section (e)(2)— 

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

15 connection with the implementation of this sec16 tion; 

17 ‘‘(B) that specifically discusses grid security 

18 threats, grid security vulnerabilities, defense crit19 ical electric infrastructure vulnerabilities, or 

20 plans, procedures, or measures to address such 

21 threats or vulnerabilities; and 

22 ‘‘(C) the unauthorized disclosure of which 

23 could be used in a malicious manner to impair 

24 the reliability of the bulk-power system or of de25 fense critical electric infrastructure. 


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1 ‘‘(10) SECRETARY.—The term ‘Secretary’ means 

2 the Secretary of Energy. 

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

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

5 section. 

6 ‘‘(b) EMERGENCY RESPONSE MEASURES.— 

7 ‘‘(1) AUTHORITY TO ADDRESS GRID SECURITY

8 THREATS.—Whenever the President issues and pro9 vides to the Commission (either directly or through 

10 the Secretary) a written directive or determination 

11 identifying an imminent grid security threat, the 

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

13 report, issue such orders for emergency measures as 

14 are necessary in its judgment to protect the reliability 

15 of the bulk-power system or of defense critical electric 

16 infrastructure against such threat. As soon as prac17 ticable but not later than 180 days after the date of 

18 enactment of this section, the Commission shall, after 

19 notice and opportunity for comment, establish rules of 

20 procedure that ensure that such authority can be exer21 cised expeditiously. 

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

23 the President issues and provides to the Commission 

24 (either directly or through the Secretary) a written 

25 directive or determination under paragraph (1), the 


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1 President (or the Secretary, as the case may be) shall 

2 promptly notify congressional committees of relevant 

3 jurisdiction, including the Committee on Energy and 

4 Commerce of the House of Representatives and the 

5 Committee on Energy and Natural Resources of the 

6 Senate, of the contents of, and justification for, such 

7 directive or determination. 

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

9 for emergency measures under paragraph (1), the 

10 Commission shall, to the extent practicable in light of 

11 the nature of the grid security threat and the urgency 

12 of the need for such emergency measures, consult with 

13 appropriate governmental authorities in Canada and 

14 Mexico, entities described in paragraph (4), the Sec15 retary, and other appropriate Federal agencies re16 garding implementation of such emergency measures. 

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

18 measures under this subsection may apply to— 

19 ‘‘(A) the Electric Reliability Organization; 

20 ‘‘(B) a regional entity; or 

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

22 bulk-power system or of defense critical electric 

23 infrastructure within the United States. 

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

25 issue an order discontinuing any emergency measures 


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1 ordered under this subsection, effective not later than 

2 30 days after the earliest of the following: 

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

4 issues and provides to the Commission (either di5 rectly or through the Secretary) a written direc6 tive or determination that the grid security 

7 threat identified under paragraph (1) no longer 

8 exists. 

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

10 issues a written determination that the emer11 gency measures are no longer needed to address 

12 the grid security threat identified under para13 graph (1), including by means of Commission 

14 approval of a reliability standard under section 

15 215 that the Commission determines adequately 

16 addresses such threat. 

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

18 issuance of an order under paragraph (1). 

19 ‘‘(6) COST RECOVERY.—If the Commission deter20 mines that owners, operators, or users of the bulk21 power system or of defense critical electric infrastruc22 ture have incurred substantial costs to comply with 

23 an order under this subsection and that such costs 

24 were prudently incurred and cannot reasonably be re25 covered through regulated rates or market prices for 


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1 the electric energy or services sold by such owners, op2 erators, or users, the Commission shall, after notice 

3 and an opportunity for comment, establish a mecha4 nism that permits such owners, operators, or users to 

5 recover such costs. 

6 ‘‘(c) MEASURES TO ADDRESS GRID SECURITY

7 VULNERABILITIES.— 

8 ‘‘(1) COMMISSION AUTHORITY.—If the Commis9 sion, in consultation with appropriate Federal agen10 cies, identifies a grid security vulnerability that the 

11 Commission determines has not adequately been ad12 dressed through a reliability standard developed and 

13 approved under section 215, the Commission shall, 

14 after notice and opportunity for comment and after 

15 consultation with the Secretary, other appropriate 

16 Federal agencies, and appropriate governmental au17 thorities in Canada and Mexico, promulgate a rule or 

18 issue an order requiring implementation, by any 

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

20 the United States, of measures to protect the bulk21 power system against such vulnerability. Before pro22 mulgating a rule or issuing an order under this para23 graph, the Commission shall, to the extent practicable 

24 in light of the urgency of the need for action to ad25 dress the grid security vulnerability, request and conVerDate Mar 15 2010 23:53 May 25, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H5026.RH H5026

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1 sider recommendations from the Electric Reliability 

2 Organization regarding such rule or order. The Com3 mission may establish an appropriate deadline for the 

4 submission of such recommendations. 

5 ‘‘(2) CERTAIN EXISTING CYBERSECURITY

6 VULNERABILITIES.—Not later than 180 days after the 

7 date of enactment of this section, the Commission 

8 shall, after notice and opportunity for comment and 

9 after consultation with the Secretary, other appro10 priate Federal agencies, and appropriate govern11 mental authorities in Canada and Mexico, promul12 gate a rule or issue an order requiring the implemen13 tation, by any owner, user, or operator of the bulk14 power system in the United States, of such measures 

15 as are necessary to protect the bulk-power system 

16 against the vulnerabilities identified in the June 21, 

17 2007, communication to certain ‘Electricity Sector 

18 Owners and Operators’ from the North American 

19 Electric Reliability Corporation, acting in its capac20 ity as the Electricity Sector Information and Anal21 ysis Center. 

22 ‘‘(3) RESCISSION.—The Commission shall ap23 prove a reliability standard developed under section 

24 215 that addresses a grid security vulnerability that 

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


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

2 reliability standard does not adequately protect 

3 against such vulnerability or otherwise does not sat4 isfy the requirements of section 215. Upon such ap5 proval, the Commission shall rescind the rule promul6 gated or order issued under paragraph (1) or (2) ad7 dressing such vulnerability, effective upon the effective 

8 date of the newly approved reliability standard. 

9 ‘‘(4) GEOMAGNETIC STORMS.—Not later than 1 

10 year after the date of enactment of this section, the 

11 Commission shall, after notice and an opportunity for 

12 comment and after consultation with the Secretary 

13 and other appropriate Federal agencies, issue an 

14 order directing the Electric Reliability Organization 

15 to submit to the Commission for approval under sec16 tion 215, not later than 1 year after the issuance of 

17 such order, reliability standards adequate to protect 

18 the bulk-power system from any reasonably foreseeable 

19 geomagnetic storm event. The Commission’s order 

20 shall specify the nature and magnitude of the reason21 ably foreseeable events against which such standards 

22 must protect. Such standards shall appropriately bal23 ance the risks to the bulk-power system associated 

24 with such events, including any regional variation in 

25 such risks, and the costs of mitigating such risks. 


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1 ‘‘(5) LARGE TRANSFORMER AVAILABILITY.—Not 

2 later than 1 year after the date of enactment of this 

3 section, the Commission shall, after notice and an op4 portunity for comment and after consultation with 

5 the Secretary and other appropriate Federal agencies, 

6 issue an order directing the Electric Reliability Orga7 nization to submit to the Commission for approval 

8 under section 215, not later than 1 year after the 

9 issuance of such order, reliability standards address10 ing availability of large transformers. Such standards 

11 shall require entities that own or operate large trans12 formers to ensure, individually or jointly, adequate 

13 availability of large transformers to promptly restore 

14 the reliable operation of the bulk-power system in the 

15 event that any such transformer is destroyed or dis16 abled as a result of a reasonably foreseeable physical 

17 or other attack or geomagnetic storm event. The Com18 mission’s order shall specify the nature and mag19 nitude of the reasonably foreseeable attacks or events 

20 that shall provide the basis for such standards. Such 

21 standards shall— 

22 ‘‘(A) provide entities subject to the stand23 ards with the option of meeting such standards 

24 individually or jointly; and 


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1 ‘‘(B) appropriately balance the risks associ2 ated with a reasonably foreseeable attack or 

3 event, including any regional variation in such 

4 risks, and the costs of ensuring adequate avail5 ability of spare transformers. 

6 ‘‘(d) CRITICAL DEFENSE FACILITIES.— 

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

8 after the date of enactment of this section, the Presi9 dent shall designate, in a written directive or deter10 mination provided to the Commission, facilities lo11 cated in the United States (including the territories) 

12 that are— 

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

14 States; and 

15 ‘‘(B) vulnerable to a disruption of the sup16 ply of electric energy provided to such facility by 

17 an external provider. 

18 The number of facilities designated by such directive 

19 or determination shall not exceed 100. The President 

20 may periodically revise the list of designated facilities 

21 through a subsequent written directive or determina22 tion provided to the Commission, provided that the 

23 total number of designated facilities at any time shall 

24 not exceed 100. 


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1 ‘‘(2) COMMISSION AUTHORITY.—If the Commis2 sion identifies a defense critical electric infrastructure 

3 vulnerability that the Commission, in consultation 

4 with owners and operators of any facility or facilities 

5 designated by the President pursuant to paragraph 

6 (1), determines has not adequately been addressed 

7 through measures undertaken by owners or operators 

8 of defense critical electric infrastructure, the Commis9 sion shall, after notice and an opportunity for com10 ment and after consultation with the Secretary and 

11 other appropriate Federal agencies, promulgate a rule 

12 or issue an order requiring implementation, by any 

13 owner or operator of defense critical electric infra14 structure, of measures to protect the defense critical 

15 electric infrastructure against such vulnerability. The 

16 Commission shall exempt from any such rule or order 

17 any specific defense critical electric infrastructure 

18 that the Commission determines already has been ade19 quately protected against the identified vulnerability. 

20 The Commission shall make any such determination 

21 in consultation with the owner or operator of the fa22 cility designated by the President pursuant to para23 graph (1) that relies upon such defense critical elec24 tric infrastructure. 


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

2 defense critical electric infrastructure shall be re3 quired to take measures under paragraph (2) only to 

4 the extent that the owners or operators of a facility 

5 or facilities designated by the President pursuant to 

6 paragraph (1) that rely upon such infrastructure 

7 agree to bear the full incremental costs of compliance 

8 with a rule promulgated or order issued under para9 graph (2). 

10 ‘‘(e) PROTECTION OF INFORMATION.— 

11 ‘‘(1) PROHIBITION OF PUBLIC DISCLOSURE OF

12 PROTECTED INFORMATION.—Protected information— 

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

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

15 and 

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

17 to any State, local, or tribal law requiring dis18 closure of information or records. 

19 ‘‘(2) INFORMATION SHARING.— 

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

21 Controlled Unclassified Information framework 

22 established by the President, the Commission 

23 shall promulgate such regulations and issue such 

24 orders as necessary to designate protected inforVerDate Mar 15 2010 23:53 May 25, 2010 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H5026.RH H5026

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1 mation and to prohibit the unauthorized disclo2 sure of such protected information. 

3 ‘‘(B) SHARING OF PROTECTED INFORMA4 TION.—The regulations promulgated and orders 

5 issued pursuant to subparagraph (A) shall pro6 vide standards for and facilitate the appropriate 

7 sharing of protected information with, between, 

8 and by Federal, State, local, and tribal authori9 ties, the Electric Reliability Organization, re10 gional entities, and owners, operators, and users 

11 of the bulk-power system in the United States 

12 and of defense critical electric infrastructure. In 

13 promulgating such regulations and issuing such 

14 orders, the Commission shall take account of the 

15 role of State commissions in reviewing the pru16 dence and cost of investments within their re17 spective jurisdictions. The Commission shall con18 sult with appropriate Canadian and Mexican 

19 authorities to develop protocols for the sharing of 

20 protected information with, between, and by ap21 propriate Canadian and Mexican authorities 

22 and owners, operators, and users of the bulk23 power system outside the United States. 

24 ‘‘(3) SUBMISSION OF INFORMATION TO CON25 GRESS.—Nothing in this section shall permit or auVerDate Mar 15 2010 23:53 May 25, 2010 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H5026.RH H5026

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1 thorize the withholding of information from Congress, 

2 any committee or subcommittee thereof, or the Comp3 troller General. 

4 ‘‘(4) DISCLOSURE OF NON-PROTECTED INFORMA5 TION.—In implementing this section, the Commission 

6 shall protect from disclosure only the minimum 

7 amount of information necessary to protect the reli8 ability of the bulk-power system and of defense crit9 ical electric infrastructure. The Commission shall seg10 regate protected information within documents and 

11 electronic communications, wherever feasible, to facili12 tate disclosure of information that is not designated 

13 as protected information. 

14 ‘‘(5) DURATION OF DESIGNATION.—Information 

15 may not be designated as protected information for 

16 longer than 5 years, unless specifically redesignated 

17 by the Commission. 

18 ‘‘(6) REMOVAL OF DESIGNATION.—The Commis19 sion may remove the designation of protected infor20 mation, in whole or in part, from a document or elec21 tronic communication if the unauthorized disclosure 

22 of such information could no longer be used to impair 

23 the reliability of the bulk-power system or of defense 

24 critical electric infrastructure. 


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1 ‘‘(7) JUDICIAL REVIEW OF DESIGNATIONS.—Not2 withstanding subsection (f) of this section or section 

3 313, a person or entity may seek judicial review of 

4 a determination by the Commission concerning the 

5 designation of protected information under this sub6 section exclusively in the district court of the United 

7 States in the district in which the complainant re8 sides, or has his principal place of business, or in the 

9 District of Columbia. In such a case the court shall 

10 determine the matter de novo, and may examine the 

11 contents of documents or electronic communications 

12 designated as protected information in camera to de13 termine whether such documents or any part thereof 

14 were improperly designated as protected information. 

15 The burden is on the Commission to sustain its des16 ignation. 

17 ‘‘(f) JUDICIAL REVIEW.—The Commission shall act ex18 peditiously to resolve all applications for rehearing of or19 ders issued pursuant to this section that are filed under sec20 tion 313(a). Any party seeking judicial review pursuant to 

21 section 313 of an order issued under this section may obtain 

22 such review only in the United States Court of Appeals for 

23 the District of Columbia Circuit. 

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

25 MEETING GRID SECURITY PROTECTION NEEDS.— 


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1 ‘‘(1) EXPERTISE AND RESOURCES.—The Sec2 retary shall establish a program, in consultation with 

3 other appropriate Federal agencies, to develop tech4 nical expertise in the protection of systems for the 

5 generation, transmission, and distribution of electric 

6 energy against geomagnetic storms or malicious acts 

7 using electronic communications or electromagnetic 

8 pulse that would pose a substantial risk of disruption 

9 to the operation of those electronic devices or commu10 nications networks, including hardware, software, 

11 and data, that are essential to the reliability of such 

12 systems. Such program shall include the identifica13 tion and development of appropriate technical and 

14 electronic resources, including hardware, software, 

15 and system equipment. 

16 ‘‘(2) SHARING EXPERTISE.—As appropriate, the 

17 Secretary shall offer to share technical expertise devel18 oped under the program under paragraph (1), 

19 through consultation and assistance, with owners, op20 erators, or users of systems for the generation, trans21 mission, or distribution of electric energy located in 

22 the United States and with State commissions. In of23 fering such support, the Secretary shall assign higher 

24 priority to systems serving facilities designated by the 

25 President pursuant to subsection (d)(1) and other 


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1 critical-infrastructure facilities, which the Secretary 

2 shall identify in consultation with the Commission 

3 and other appropriate Federal agencies. 

4 ‘‘(3) SECURITY CLEARANCES AND COMMUNICA5 TION.—The Secretary shall facilitate and, to the ex6 tent practicable, expedite the acquisition of adequate 

7 security clearances by key personnel of any entity 

8 subject to the requirements of this section to enable 

9 optimum communication with Federal agencies re10 garding grid security threats, grid security 

11 vulnerabilities, and defense critical electric infrastruc12 ture vulnerabilities. The Secretary, the Commission, 

13 and other appropriate Federal agencies shall, to the 

14 extent practicable and consistent with their obliga15 tions to protect classified and protected information, 

16 share timely actionable information regarding grid 

17 security threats, grid security vulnerabilities, and de18 fense critical electric infrastructure vulnerabilities 

19 with appropriate key personnel of owners, operators, 

20 and users of the bulk-power system and of defense 

21 critical electric infrastructure.’’. 

22 (b) CONFORMING AMENDMENTS.— 

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

24 Federal Power Act (16 U.S.C. 824(b)(2)) is amended 


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1 by inserting ‘‘215A,’’ after ‘‘215,’’ each place it ap2 pears. 

3 (2) PUBLIC UTILITY.—Section 201(e) of the Fed4 eral Power Act (16 U.S.C. 824(e)) is amended by in5 serting ‘‘215A,’’ after ‘‘215,’’. 

Amend the title so as to read: ‘‘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 and other threats 

and vulnerabilities.’’. 


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Union Calendar No. 281 

111TH CONGRESS 

2D SESSION H. R. 5026 

[Report No. 111–493] 

A BILL 

To amend the Federal Power Act to protect the 

vulnerabilities. cybersecurity and other threats and critical to the defense of the United States from bulk-power system and electric infrastructure 

MAY 25, 2010 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Mar 15 2010 23:53 May 25, 2010 Jkt 089200 PO 00000 Frm 00024 Fmt 6651 Sfmt 6651 E:\BILLS\H5026.RH H5026

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