II 

113TH CONGRESS 

2D SESSION S. 2158 

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 physical and other threats and vulnerabilities. 

IN THE SENATE OF THE UNITED STATES 

MARCH 26, 2014 

Mr. MARKEY introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

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 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’’. 


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1 SEC. 2. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY. 

2 (a) IN GENERAL.—Part II of the Federal Power Act 

3 is amended by inserting after section 215 (16 U.S.C. 

4 824o) the following: 

5 ‘‘SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECU6 RITY. 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) BULK-POWER SYSTEM; ELECTRIC RELI9 ABILITY ORGANIZATION; REGIONAL ENTITY.—The 

10 terms ‘bulk-power system’, ‘Electric Reliability Or11 ganization’, and ‘regional entity’ have the meanings 

12 given those terms in section 215(a). 

13 ‘‘(2) DEFENSE CRITICAL ELECTRIC INFRA14 STRUCTURE.—The term ‘defense critical electric in15 frastructure’ means any infrastructure located in the 

16 United States (including the territories) used for the 

17 generation, transmission, or distribution of electric 

18 energy that— 

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

20 and 

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

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

23 not owned or operated by the owner or operator 

24 of the facility. 

25 ‘‘(3) DEFENSE CRITICAL ELECTRIC INFRA26 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 the de12 fense critical electric infrastructure, would pose 

13 a substantial risk of significant adverse effects 

14 on the reliability of defense critical electric in15 frastructure. 

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 a pulse that would 

20 pose a substantial risk of disruption to the operation 

21 of those electronic devices or communications net22 works, including hardware, software, and data, that 

23 are essential to the reliability of systems necessary 

24 for the generation, transmission, and distribution of 

25 electric energy. 


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

3 the magnetic field of the Earth resulting from solar 

4 activity. 

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 those 

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 the 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 the 

2 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 vulnerabili7 ties, or plans, procedures, or measures to ad8 dress the threats or vulnerabilities; and 

9 ‘‘(C) the unauthorized disclosure of which 

10 could be used in a malicious manner to impair 

11 the reliability of the bulk-power system or of 

12 defense critical electric infrastructure. 

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

14 means the Secretary of Energy. 

15 ‘‘(11) SECURITY.—The term ‘security’ does not 

16 have the definition of the term provided in section 

17 3. 

18 ‘‘(b) EMERGENCY RESPONSE MEASURES.— 

19 ‘‘(1) AUTHORITY TO ADDRESS GRID SECURITY

20 THREATS.— 

21 ‘‘(A) IN GENERAL.—If the President issues 

22 and provides to the Commission (either directly 

23 or through the Secretary) a written directive or 

24 determination identifying an imminent grid se25 curity threat, the Commission may, with or 


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1 without notice, hearing, or report, issue such 

2 orders for emergency measures as are necessary 

3 in the judgment of the Commission to protect 

4 the reliability of the bulk-power system or of 

5 defense critical electric infrastructure against 

6 the threat. 

7 ‘‘(B) RULES OF PROCEDURE.—As soon as 

8 practicable but not later than 180 days after 

9 the date of enactment of this section, the Com10 mission shall, after notice and opportunity for 

11 comment, establish rules of procedure that en12 sure that the authority described in subpara13 graph (A) can be exercised expeditiously. 

14 ‘‘(2) NOTIFICATION OF CONGRESS.—If the 

15 President issues and provides to the Commission (ei16 ther directly or through the Secretary) a written di17 rective or determination under paragraph (1), the 

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

19 shall promptly notify congressional committees of 

20 relevant jurisdiction, including the Committee on 

21 Energy and Commerce of the House of Representa22 tives and the Committee on Energy and Natural Re23 sources of the Senate, of the contents of, and jus24 tification for, the directive or determination. 


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

2 for emergency measures under paragraph (1), the 

3 Commission shall, to the extent practicable in light 

4 of the nature of the grid security threat and the ur5 gency of the need for the emergency measures, con6 sult with appropriate governmental authorities in 

7 Canada and Mexico, entities described in paragraph 

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

9 agencies regarding implementation of the emergency 

10 measures. 

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

12 measures under this subsection may apply to— 

13 ‘‘(A) the Electric Reliability Organization; 

14 ‘‘(B) a regional entity; or 

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

16 bulk-power system or of defense critical electric 

17 infrastructure within the United States. 

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

19 issue an order discontinuing any emergency meas20 ures ordered under this subsection, effective not 

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

22 ‘‘(A) The date on which the President 

23 issues and provides to the Commission (either 

24 directly or through the Secretary) a written di25 rective or determination that the grid security 


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1 threat identified under paragraph (1) no longer 

2 exists. 

3 ‘‘(B) The date on which the Commission 

4 issues a written determination that the emer5 gency measures are no longer needed to address 

6 the grid security threat identified under para7 graph (1), including by means of Commission 

8 approval of a reliability standard under section 

9 215 that the Commission determines adequately 

10 addresses the threat. 

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

12 issuance of an order under paragraph (1). 

13 ‘‘(6) COST RECOVERY.—If the Commission de14 termines that owners, operators, or users of the 

15 bulk-power system or of defense critical electric in16 frastructure have incurred substantial costs to com17 ply with an order under this subsection and that the 

18 costs were prudently incurred and cannot reasonably 

19 be recovered through regulated rates or market 

20 prices for the electric energy or services sold by the 

21 owners, operators, or users, the Commission shall, 

22 after notice and an opportunity for comment, estab23 lish a mechanism that permits the owners, opera24 tors, or users to recover the costs. 


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1 ‘‘(c) MEASURES TO ADDRESS GRID SECURITY

2 VULNERABILITIES.— 

3 ‘‘(1) COMMISSION AUTHORITY.— 

4 ‘‘(A) IN GENERAL.—If the Commission, in 

5 consultation with appropriate Federal agencies, 

6 identifies a grid security vulnerability that the 

7 Commission determines has not adequately been 

8 addressed through a reliability standard devel9 oped and approved under section 215, the Com10 mission shall, after notice and opportunity for 

11 comment and after consultation with the Sec12 retary, other appropriate Federal agencies, and 

13 appropriate governmental authorities in Canada 

14 and Mexico, promulgate a rule or issue an order 

15 requiring implementation, by any owner, oper16 ator, or user of the bulk-power system in the 

17 United States, of measures to protect the bulk18 power system against such vulnerability. 

19 ‘‘(B) RECOMMENDATIONS.— 

20 ‘‘(i) IN GENERAL.—Before promul21 gating a rule or issuing an order under 

22 this paragraph, the Commission shall, to 

23 the extent practicable in light of the ur24 gency of the need for action to address the 

25 grid security vulnerability, request and 


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1 consider recommendations from the Elec2 tric Reliability Organization regarding the 

3 rule or order. 

4 ‘‘(ii) DEADLINE.—The Commission 

5 may establish an appropriate deadline for 

6 the submission of the recommendations. 

7 ‘‘(2) CERTAIN EXISTING CYBERSECURITY

8 VULNERABILITIES.—Not later than 180 days after 

9 the date of enactment of this section, the Commis10 sion shall, after notice and opportunity for comment 

11 and after consultation with the Secretary, other ap12 propriate Federal agencies, and appropriate govern13 mental authorities in Canada and Mexico, promul14 gate a rule or issue an order requiring the imple15 mentation, by any owner, user, or operator of the 

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

17 measures as are necessary to protect the bulk-power 

18 system against the vulnerabilities identified in the 

19 communication entitled ‘Electricity Sector Owners 

20 and Operators’, dated June 21, 2007, of the North 

21 American Electric Reliability Corporation, acting in 

22 the capacity of the Corporation as the Electricity 

23 Sector Information and Analysis Center. 

24 ‘‘(3) RESCISSION.— 


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1 ‘‘(A) IN GENERAL.—The Commission shall 

2 approve a reliability standard developed under 

3 section 215 that addresses a grid security vul4 nerability that is the subject of a rule or order 

5 under paragraph (1) or (2), unless the Commis6 sion determines that the reliability standard 

7 does not adequately protect against the vulner8 ability or otherwise does not satisfy the require9 ments of section 215. 

10 ‘‘(B) RESCISSION.—On such approval, the 

11 Commission shall rescind the rule promulgated 

12 or order issued under paragraph (1) or (2) ad13 dressing the vulnerability, effective on the effec14 tive date of the newly approved reliability 

15 standard. 

16 ‘‘(4) LARGE TRANSFORMER AVAILABILITY.— 

17 ‘‘(A) IN GENERAL.—Not later than 1 year 

18 after the date of enactment of this section, the 

19 Commission shall, after notice and an oppor20 tunity for comment and after consultation with 

21 the Secretary and other appropriate Federal 

22 agencies, issue an order directing the Electric 

23 Reliability Organization to submit to the Com24 mission for approval under section 215, not 

25 later than 1 year after the issuance of the 


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1 order, reliability standards addressing avail2 ability of large transformers. 

3 ‘‘(B) RESTORATION OF BULK-POWER SYS4 TEM.—The standards shall require entities that 

5 own or operate large transformers to ensure, in6 dividually or jointly, adequate availability of 

7 large transformers to promptly restore the reli8 able operation of the bulk-power system in the 

9 event that any such transformer is destroyed or 

10 disabled as a result of a reasonably foreseeable 

11 physical or other attack or geomagnetic storm 

12 event. 

13 ‘‘(C) BASIS FOR STANDARDS.—The order 

14 of the Commission shall specify the nature and 

15 magnitude of the reasonably foreseeable attacks 

16 or events that shall provide the basis for the 

17 standards. 

18 ‘‘(D) STANDARDS.—The standards shall— 

19 ‘‘(i) provide entities subject to the 

20 standards with the option of meeting the 

21 standards individually or jointly; and 

22 ‘‘(ii) appropriately balance the risks 

23 associated with a reasonably foreseeable 

24 attack or event, including— 


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1 ‘‘(I) any regional variation in the 

2 risks; and 

3 ‘‘(II) the costs of ensuring ade4 quate availability of spare trans5 formers. 

6 ‘‘(d) CRITICAL DEFENSE FACILITIES.— 

7 ‘‘(1) DESIGNATION.— 

8 ‘‘(A) IN GENERAL.—Not later than 180 

9 days after the date of enactment of this section, 

10 the President shall designate, in a written direc11 tive or determination provided to the Commis12 sion, facilities located in the United States (in13 cluding the territories) that are— 

14 ‘‘(i) critical to the defense of the 

15 United States; and 

16 ‘‘(ii) vulnerable to a disruption of the 

17 supply of electric energy provided to such 

18 facility by an external provider. 

19 ‘‘(B) MAXIMUM NUMBER.—The number of 

20 facilities designated by the directive or deter21 mination shall not exceed 100. 

22 ‘‘(C) REVISION.—The President may peri23 odically revise the list of designated facilities 

24 through a subsequent written directive or deter25 mination provided to the Commission, except 


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1 that the total number of designated facilities at 

2 any time shall not exceed 100. 

3 ‘‘(2) COMMISSION AUTHORITY.— 

4 ‘‘(A) IN GENERAL.—If the Commission 

5 identifies a defense critical electric infrastruc6 ture vulnerability that the Commission, in con7 sultation with owners and operators of any 1 or 

8 more facilities designated by the President pur9 suant to paragraph (1), determines has not 

10 adequately been addressed through measures 

11 undertaken by owners or operators of defense 

12 critical electric infrastructure, the Commission 

13 shall, after notice and an opportunity for com14 ment and after consultation with the Secretary 

15 and other appropriate Federal agencies, pro16 mulgate a rule or issue an order requiring im17 plementation, by any owner or operator of de18 fense critical electric infrastructure, of meas19 ures to protect the defense critical electric in20 frastructure against the vulnerability. 

21 ‘‘(B) EXEMPTIONS.— 

22 ‘‘(i) IN GENERAL.—The Commission 

23 shall exempt from any rule or order pro24 mulgated under subparagraph (A) any spe25 cific defense critical electric infrastructure 


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1 that the Commission determines already 

2 has been adequately protected against the 

3 identified vulnerability. 

4 ‘‘(ii) CONSULTATION.—The Commis5 sion shall make any determination under 

6 clause (i) in consultation with the owner or 

7 operator of the facility designated by the 

8 President pursuant to paragraph (1) that 

9 relies on the defense critical electric infra10 structure. 

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

12 of defense critical electric infrastructure shall be re13 quired to take measures under paragraph (2) only to 

14 the extent that the owners or operators of 1 or more 

15 facilities designated by the President pursuant to 

16 paragraph (1) that rely on the infrastructure agree 

17 to bear the full incremental costs of compliance with 

18 a rule promulgated or order issued under paragraph 

19 (2). 

20 ‘‘(e) PROTECTION OF INFORMATION.— 

21 ‘‘(1) PROHIBITION OF PUBLIC DISCLOSURE OF

22 PROTECTED INFORMATION.—Protected informa23 tion— 


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

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

3 and 

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

5 to any State, local, or tribal law requiring dis6 closure of information or records. 

7 ‘‘(2) INFORMATION SHARING.— 

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

9 Controlled Unclassified Information framework 

10 established by the President, the Commission 

11 shall promulgate such regulations and issue 

12 such orders as necessary to designate protected 

13 information and to prohibit the unauthorized 

14 disclosure of the protected information. 

15 ‘‘(B) SHARING OF PROTECTED INFORMA16 TION.— 

17 ‘‘(i) IN GENERAL.—The regulations 

18 promulgated and orders issued pursuant to 

19 subparagraph (A) shall provide standards 

20 for and facilitate the appropriate sharing 

21 of protected information with, between, 

22 and by Federal, State, local, and tribal au23 thorities, the Electric Reliability Organiza24 tion, regional entities, and owners, opera25 tors, and users of the bulk-power system in 


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1 the United States and of defense critical 

2 electric infrastructure. 

3 ‘‘(ii) STATE COMMISSIONS.—In pro4 mulgating the regulations and issuing the 

5 orders, the Commission shall take account 

6 of the role of State commissions in review7 ing the prudence and cost of investments 

8 within the respective jurisdictions of the 

9 State commissions. 

10 ‘‘(iii) CANADA AND MEXICO.—The 

11 Commission shall consult with appropriate 

12 Canadian and Mexican authorities to de13 velop protocols for the sharing of protected 

14 information with, between, and by appro15 priate Canadian and Mexican authorities 

16 and owners, operators, and users of the 

17 bulk-power system outside the United 

18 States. 

19 ‘‘(3) SUBMISSION OF INFORMATION TO CON20 GRESS.—Nothing in this section permits or author21 izes the withholding of information from Congress, 

22 any committee or subcommittee of Congress, or the 

23 Comptroller General of the United States. 

24 ‘‘(4) DISCLOSURE OF NONPROTECTED INFOR25 MATION.— 


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1 ‘‘(A) IN GENERAL.—In implementing this 

2 section, the Commission shall protect from dis3 closure only the minimum quantity of informa4 tion necessary to protect the reliability of the 

5 bulk-power system and of defense critical elec6 tric infrastructure. 

7 ‘‘(B) SEGREGATION OF PROTECTED INFOR8 MATION.—The Commission shall segregate pro9 tected information within documents and elec10 tronic communications, whenever feasible, to fa11 cilitate disclosure of information that is not des12 ignated as protected information. 

13 ‘‘(5) DURATION OF DESIGNATION.—Informa14 tion may not be designated as protected information 

15 for longer than 5 years, unless specifically redesig16 nated by the Commission. 

17 ‘‘(6) REMOVAL OF DESIGNATION.—The Com18 mission may remove the designation of protected in19 formation, in whole or in part, from a document or 

20 electronic communication if the unauthorized disclo21 sure of the information could no longer be used to 

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

23 defense critical electric infrastructure. 

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


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1 ‘‘(A) IN GENERAL.—Notwithstanding sub2 section (f) or section 313, a person or entity 

3 may seek judicial review of a determination by 

4 the Commission concerning the designation of 

5 protected information under this subsection ex6 clusively in the district court of the United 

7 States in the district in which the complainant 

8 resides, or has a principal place of business, or 

9 in the District of Columbia. 

10 ‘‘(B) PROCEDURE.—In a case described in 

11 subparagraph (A), the court— 

12 ‘‘(i) shall determine the matter de 

13 novo; and 

14 ‘‘(ii) may examine the contents of doc15 uments or electronic communications des16 ignated as protected information in camera 

17 to determine whether the documents or 

18 any part of the documents were improperly 

19 designated as protected information. 

20 ‘‘(C) BURDEN OF PROOF.—The burden 

21 shall be on the Commission to sustain the des22 ignation of the Commission. 

23 ‘‘(f) JUDICIAL REVIEW.— 

24 ‘‘(1) IN GENERAL.—The Commission shall act 

25 expeditiously to resolve all applications for rehearing 


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1 of orders issued pursuant to this section that are 

2 filed under section 313(a). 

3 ‘‘(2) JURISDICTION.—Any party seeking judi4 cial review pursuant to section 313 of an order 

5 issued under this section may obtain the review only 

6 in the United States Court of Appeals for the Dis7 trict of Columbia Circuit. 

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

9 MEETING GRID SECURITY PROTECTION NEEDS.— 

10 ‘‘(1) EXPERTISE AND RESOURCES.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 establish a program, in consultation with other 

13 appropriate Federal agencies, to develop tech14 nical expertise in the protection of systems for 

15 the generation, transmission, and distribution 

16 of electric energy against geomagnetic storms 

17 or malicious acts using electronic communica18 tions or electromagnetic pulse that would pose 

19 a substantial risk of disruption to the operation 

20 of those electronic devices or communications 

21 networks, including hardware, software, and 

22 data, that are essential to the reliability of the 

23 systems. 

24 ‘‘(B) RESOURCES.—The program shall in25 clude the identification and development of apVerDate Mar 15 2010 02:50 Mar 27, 2014 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S2158.IS S2158

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1 propriate technical and electronic resources, in2 cluding hardware, software, and system equip3 ment. 

4 ‘‘(2) SHARING EXPERTISE.— 

5 ‘‘(A) IN GENERAL.—As appropriate, the 

6 Secretary shall offer to share technical expertise 

7 developed under the program under paragraph 

8 (1), through consultation and assistance, with 

9 owners, operators, or users of systems for the 

10 generation, transmission, or distribution of elec11 tric energy located in the United States and 

12 with State commissions. 

13 ‘‘(B) PRIORITY.—In offering the support, 

14 the Secretary shall assign higher priority to sys15 tems serving facilities designated by the Presi16 dent pursuant to subsection (d)(1) and other 

17 critical-infrastructure facilities, which the Sec18 retary shall identify in consultation with the 

19 Commission and other appropriate Federal 

20 agencies. 

21 ‘‘(3) SECURITY CLEARANCES AND COMMUNICA22 TION.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 facilitate and, to the extent practicable, expedite 

25 the acquisition of adequate security clearances 


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1 by key personnel of any entity subject to the re2 quirements of this section to enable optimum 

3 communication with Federal agencies regarding 

4 grid security threats, grid security vulnerabili5 ties, and defense critical electric infrastructure 

6 vulnerabilities. 

7 ‘‘(B) ACTIONABLE INFORMATION.—The 

8 Secretary, the Commission, and other appro9 priate Federal agencies shall, to the extent 

10 practicable and consistent with their obligations 

11 to protect classified and protected information, 

12 share timely actionable information regarding 

13 grid security threats, grid security vulnerabili14 ties, and defense critical electric infrastructure 

15 vulnerabilities with appropriate key personnel of 

16 owners, operators, and users of the bulk-power 

17 system and of defense critical electric infra18 structure. 

19 ‘‘(h) CERTAIN FEDERAL ENTITIES.—During the 11- 

20 year period beginning on the date of enactment of this 

21 section, the Tennessee Valley Authority and the Bonneville 

22 Power Administration shall be exempt from any require23 ment under subsection (b) or (c) (except for any require24 ment addressing a malicious act using electronic commu25 nication).’’. 


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1 (b) CONFORMING AMENDMENTS.— 

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

3 Federal Power Act (16 U.S.C. 824(b)(2)) is amend4 ed by inserting ‘‘215A,’’ after ‘‘215,’’ each place it 

5 appears. 

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

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

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

Æ 


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