Protecting Critical Infrastructure Act

To amend the Federal Power Act to prohibit the public disclosure of protected information, and for other purposes. 1. Short title This Act may be cited as the Protecting Critical Infrastructure Act 2. Protection of information (a) In general Part II of the Federal Power Act ( 16 U.S.C. 824 et seq. 215A. Protection of information (a) Protection of information (1) Prohibition of public disclosure of protected electric security information Protected electric security information— (A) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (B) shall not be made available by any State, local, or tribal authority pursuant to any State, local, or tribal law requiring disclosure of information or records. (2) Information sharing (A) In general The Commission shall promulgate such regulations and issue such orders as necessary to designate protected electric security information and to prohibit the unauthorized disclosure of such protected electric security information. (B) Sharing of protected electric security information The regulations promulgated and orders issued pursuant to subparagraph (A) shall provide standards for and authorize the appropriate voluntary sharing of protected electric security information with, between, and by Federal, State, local, and tribal authorities, the Electric Reliability Organization, regional entities, Information Sharing and Analysis Centers established pursuant to Presidential Decision Directive 63, owners, operators, and users of the bulk-power system in the United States, and other entities determined appropriate by the Commission. In promulgating such regulations and issuing such orders, the Commission shall take account of the role of State commissions in reviewing the prudence and cost of investments, determining the rates and terms of conditions for electric services, and ensuring the safety and reliability of the bulk-power system and distribution facilities within their respective jurisdictions. In promulgating such regulations and issuing such orders, the Commission may take into consideration the Controlled Unclassified Information framework established by the President. The Commission shall consult, as appropriate, with Canadian and Mexican authorities to develop protocols for the voluntary sharing of protected electric security information with, between, and by appropriate Canadian and Mexican authorities and owners, operators, and users of the bulk-power system outside the United States. (3) No required sharing of information Nothing in this section shall require a person or entity in possession of protected electric security information to share such information with Federal, State, local, or tribal authorities, or any other person or entity. (4) Submission of information to Congress Nothing in this section shall permit or authorize the withholding of information from Congress, any committee or subcommittee thereof, or the Comptroller General. (5) Disclosure of non-protected information In implementing this section, the Commission shall protect from disclosure only the minimum amount of information necessary to protect the security and reliability of the bulk-power system and distribution facilities. The Commission shall segregate protected electric security information within documents and electronic communications, wherever feasible, to facilitate disclosure of information that is not designated as protected electric security information. (6) Duration of designation Information may not be designated as protected electric security information for longer than 5 years, unless specifically redesignated by the Commission. (7) Removal of designation The Commission shall remove the designation of protected electric security information, in whole or in part, from a document or electronic communication if the Commission determines that the unauthorized disclosure of such information could no longer be used to impair the security or reliability of the bulk-power system or distribution facilities. (8) Judicial review of designations Notwithstanding section 313(b), any determination by the Commission concerning the designation of protected electric security information under this subsection shall be subject to review under chapter 7 (b) Definitions For purposes of this section: (1) Bulk-power system; electric Reliability Organization; regional entity The terms bulk-power system Electric Reliability Organization regional entity (2) Distribution facilities The term distribution facilities (3) Electromagnetic pulse The term electromagnetic pulse (4) Grid security threat The term grid security threat (A) (i) a malicious act using electronic communication or an electromagnetic pulse that could disrupt the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the security or reliability of the bulk-power system; and (ii) disruption of the operation of such devices or networks, with significant adverse effects on the security or reliability of the bulk-power system, as a result of such act or event; or (B) (i) a direct physical attack on, or intentional interference with, the bulk-power system; and (ii) significant adverse effects on the security or reliability of the bulk-power system as a result of such physical attack or interference. (5) Grid security vulnerability The term grid security vulnerability (A) a malicious act using electronic communication or an electromagnetic pulse, would pose a substantial risk of disruption to the operation of those electronic devices or communications networks, including hardware, software, data, and facilities, that are essential to the security or reliability of the bulk-power system; or (B) a direct physical attack, or intentional interference with, the bulk-power system, would pose a substantial risk of significant adverse effects on the security or reliability of the bulk-power system. (6) Protected electric security information The term protected electric security information (A) means information generated by or provided to the Commission, other than classified national security information, that is designated as protected electric security information by the Commission under subsection (a)(2)— (i) that specifically discusses or identifies grid security threats, grid security vulnerabilities, or plans, procedures, or measures to address such threats or vulnerabilities; and (ii) the unauthorized disclosure of which could be used in a malicious manner to impair, attack, or interfere with the security or reliability of the bulk-power system or distribution facilities; and (B) includes data, modeling, or representations related to grid security that could be used to generate information described in subparagraph (A). (7) Security The definition of security . (b) Conforming amendments (1) Jurisdiction Section 201(b)(2) of the Federal Power Act ( 16 U.S.C. 824(b)(2) 215A, 215, (2) Public utility Section 201(e) of the Federal Power Act ( 16 U.S.C. 824(e) 215A, 215,

Summary: Protecting Critical Infrastructure Act This bill amends the Federal Power Act to: (1) exempt protected electric security information from mandatory public disclosure under the Freedom of Information Act; and (2) prohibit any state, local, or tribal authority from disclosing such information pursuant to state, local, or tribal law. The Federal Energy Regulatory Commission (FERC) shall promulgate specified regulations and issue the orders necessary to designate protected electric security information and to prohibit its unauthorized disclosure. There is no requirement for a person or entity in possession of protected electric security information to share it with federal, state, local, or tribal authorities. Sharing information with Congress, however, is permitted. Unless specifically redesignated by FERC, information may not be designated as protected electric security information for longer than five years. FERC shall remove a designation, in whole or in part, if it determines that its unauthorized disclosure could no longer be used to impair the security or reliability of the bulk-power system or distribution facilities.