114TH CONGRESS 
1ST SESSION 
H. R. 8 
AN ACT 
To modernize energy infrastructure, build a 21st century 
energy and manufacturing workforce, bolster America’s 
energy security and diplomacy, and promote energy effi-
ciency and government accountability, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘North American Energy Security and Infrastructure Act 
of 2015’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—MODERNIZING AND PROTECTING INFRASTRUCTURE 
Subtitle A—Energy Delivery, Reliability, and Security 
Sec. 1101. FERC process coordination. 
Sec. 1102. Resolving environmental and grid reliability conflicts. 
Sec. 1103. Emergency preparedness for energy supply disruptions. 
Sec. 1104. Critical electric infrastructure security. 
Sec. 1105. Strategic Transformer Reserve. 
Sec. 1106. Cyber Sense. 
Sec. 1107. State coverage and consideration of PURPA standards for electric 
utilities. 
Sec. 1108. Reliability analysis for certain rules that affect electric generating 
facilities. 
Sec. 1109. Increased accountability with respect to carbon capture, utilization, 
and sequestration projects. 
Sec. 1110. Reliability and performance assurance in Regional Transmission Or-
ganizations. 
Sec. 1111. Ethane storage study. 
Sec. 1112. Statement of policy on grid modernization. 
Sec. 1113. Grid resilience report. 
Sec. 1114. GAO report on improving National Response Center. 
Sec. 1115. Designation of National Energy Security Corridors on Federal 
lands. 
Sec. 1116. Vegetation management, facility inspection, and operation and main-
tenance on Federal lands containing electric transmission and 
distribution facilities. 
Subtitle B—Hydropower Regulatory Modernization 
Sec. 1201. Protection of private property rights in hydropower licensing. 
Sec. 1202. Extension of time for FERC project involving W. Kerr Scott Dam. 
Sec. 1203. Hydropower licensing and process improvements. 
Sec. 1204. Judicial review of delayed Federal authorizations. 
Sec. 1205. Licensing study improvements. 
Sec. 1206. Closed-loop pumped storage projects. 
Sec. 1207. License amendment improvements. 
Sec. 1208. Promoting hydropower development at existing nonpowered dams. 
TITLE II—ENERGY SECURITY AND DIPLOMACY 
Sec. 2001. Sense of Congress.
Sec. 2002. Energy security valuation. 
Sec. 2003. North American energy security plan. 
Sec. 2004. Collective energy security. 
Sec. 2005. Authorization to export natural gas. 
Sec. 2006. Environmental review for energy export facilities. 
Sec. 2007. Authorization of cross-border infrastructure projects. 
Sec. 2008. Report on smart meter security concerns. 
TITLE III—ENERGY EFFICIENCY AND ACCOUNTABILITY 
Subtitle A—Energy Efficiency 
CHAPTER 1—FEDERAL AGENCY ENERGY EFFICIENCY 
Sec. 3111. Energy-efficient and energy-saving information technologies. 
Sec. 3112. Energy efficient data centers. 
Sec. 3113. Report on energy and water savings potential from thermal insula-
tion. 
Sec. 3114. Battery storage report. 
Sec. 3115. Federal purchase requirement. 
Sec. 3116. Energy performance requirement for Federal buildings. 
Sec. 3117. Federal building energy efficiency performance standards; certifi-
cation system and level for Federal buildings. 
Sec. 3118. Operation of battery recharging stations in parking areas used by 
Federal employees. 
Sec. 3119. Report on Energy Savings and Greenhouse Gas Emissions Reduc-
tion from Conversion of Captured Methane to Energy. 
CHAPTER 2—ENERGY EFFICIENT TECHNOLOGY AND MANUFACTURING 
Sec. 3121. Inclusion of Smart Grid capability on Energy Guide labels. 
Sec. 3122. Voluntary verification programs for air conditioning, furnace, boiler, 
heat pump, and water heater products. 
Sec. 3123. Facilitating consensus furnace standards. 
Sec. 3124. No warranty for certain certified Energy Star products. 
Sec. 3125. Clarification to effective date for regional standards. 
Sec. 3126. Internet of Things report. 
Sec. 3127. Energy savings from lubricating oil. 
Sec. 3128. Definition of external power supply. 
Sec. 3129. Standards for power supply circuits connected to LEDS or OLEDS. 
CHAPTER 3—SCHOOL BUILDINGS 
Sec. 3131. Coordination of energy retrofitting assistance for schools. 
CHAPTER 4—BUILDING ENERGY CODES 
Sec. 3141. Greater energy efficiency in building codes. 
Sec. 3142. Voluntary nature of building asset rating program. 
CHAPTER 5—EPCA TECHNICAL CORRECTIONS AND CLARIFICATIONS 
Sec. 3151. Modifying product definitions. 
Sec. 3152. Clarifying rulemaking procedures. 
CHAPTER 6—ENERGY AND WATER EFFICIENCY 
Sec. 3161. Smart energy and water efficiency pilot program.
Sec. 3162. WaterSense. 
Subtitle B—Accountability 
CHAPTER 1—MARKET MANIPULATION, ENFORCEMENT, AND COMPLIANCE 
Sec. 3211. FERC Office of Compliance Assistance and Public Participation. 
CHAPTER 2—MARKET REFORMS 
Sec. 3221. GAO study on wholesale electricity markets. 
Sec. 3222. Clarification of facility merger authorization. 
CHAPTER 3—CODE MAINTENANCE 
Sec. 3231. Repeal of off-highway motor vehicles study. 
Sec. 3232. Repeal of methanol study. 
Sec. 3233. Repeal of residential energy efficiency standards study. 
Sec. 3234. Repeal of weatherization study. 
Sec. 3235. Repeal of report to Congress. 
Sec. 3236. Repeal of report by General Services Administration. 
Sec. 3237. Repeal of intergovernmental energy management planning and co-
ordination workshops. 
Sec. 3238. Repeal of Inspector General audit survey and President’s Council on 
Integrity and Efficiency report to Congress. 
Sec. 3239. Repeal of procurement and identification of energy efficient prod-
ucts program. 
Sec. 3240. Repeal of national action plan for demand response. 
Sec. 3241. Repeal of national coal policy study. 
Sec. 3242. Repeal of study on compliance problem of small electric utility sys-
tems. 
Sec. 3243. Repeal of study of socioeconomic impacts of increased coal produc-
tion and other energy development. 
Sec. 3244. Repeal of study of the use of petroleum and natural gas in combus-
tors. 
Sec. 3245. Repeal of submission of reports. 
Sec. 3246. Repeal of electric utility conservation plan. 
Sec. 3247. Technical amendment to Powerplant and Industrial Fuel Use Act of 
1978. 
Sec. 3248. Emergency energy conservation repeals. 
Sec. 3249. Repeal of State utility regulatory assistance. 
Sec. 3250. Repeal of survey of energy saving potential. 
Sec. 3251. Repeal of photovoltaic energy program. 
Sec. 3252. Repeal of energy auditor training and certification. 
CHAPTER 4—AUTHORIZATION 
Sec. 3261 Authorization. 
TITLE IV—CHANGING CRUDE OIL MARKET CONDITIONS 
Sec. 4001. Findings. 
Sec. 4002. Repeal. 
Sec. 4003. National policy on oil export restrictions. 
Sec. 4004. Studies. 
Sec. 4005. Savings clause. 
Sec. 4006. Partnerships with minority serving institutions. 
Sec. 4007. Report.
Sec. 4008. Report to Congress. 
Sec. 4009. Prohibition on exports of crude oil, refined petroleum products, and 
petrochemical products to the Islamic Republic of Iran. 
TITLE V—OTHER MATTERS 
Sec. 5001. Assessment of regulatory requirements. 
Sec. 5002. Definitions. 
Sec. 5003. Exclusive venue for certain civil actions relating to covered energy 
projects. 
Sec. 5004. Timely filing. 
Sec. 5005. Expedition in hearing and determining the action. 
Sec. 5006. Limitation on injunction and prospective relief. 
Sec. 5007. Legal standing. 
Sec. 5008. Study to identify legal and regulatory barriers that delay, prohibit, 
or impede the export of natural energy resources. 
Sec. 5009. Study of volatility of crude oil. 
Sec. 5010. Smart meter privacy rights. 
Sec. 5011. Youth energy enterprise competition. 
Sec. 5012. Modernization of terms relating to minorities. 
Sec. 5013. Voluntary vegetation management outside rights-of-way. 
Sec. 5014. Repeal of rule for new residential wood heaters. 
TITLE VI—PROMOTING RENEWABLE ENERGY WITH SHARED 
SOLAR 
Sec. 6001. Short title. 
Sec. 6002. Provision of interconnection service and net billing service for com-
munity solar facilities. 
TITLE VII—MARINE HYDROKINETIC 
Sec. 7001. Definition of marine and hydrokinetic renewable energy. 
Sec. 7002. Marine and hydrokinetic renewable energy research and develop-
ment. 
Sec. 7003. National Marine Renewable Energy Research, Development, and 
Demonstration Centers. 
Sec. 7004. Authorization of appropriations. 
TITLE I—MODERNIZING AND 
PROTECTING INFRASTRUCTURE 
Subtitle A—Energy Delivery, 
Reliability, and Security 
SEC. 1101. FERC PROCESS COORDINATION. 
Section 15 of the Natural Gas Act (15 U.S.C. 717n) 
is amended—
(1) by amending subsection (b)(2) to read as 
follows: 
‘‘(2) OTHER AGENCIES.— 
‘‘(A) IN
GENERAL.—Each Federal and 
State agency considering an aspect of an appli-
cation for Federal authorization shall cooperate 
with the Commission and comply with the dead-
lines established by the Commission. 
‘‘(B) IDENTIFICATION.—The Commission 
shall identify, as early as practicable after it is 
notified by a prospective applicant of a potential 
project requiring Commission authorization, 
any Federal or State agency, local government, 
or Indian tribe that may consider an aspect of 
an application for that Federal authorization. 
‘‘(C) NOTIFICATION.— 
‘‘(i) IN GENERAL.—The Commission 
shall notify any agency identified under 
subparagraph (B) of the opportunity to co-
operate or participate in the review proc-
ess. 
‘‘(ii) 
DEADLINE.—A 
notification 
issued under clause (i) shall establish a 
deadline by which a response to the notifi-
cation shall be submitted, which may be
in conjunction, with the review required by the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), unless doing so would im-
pair the ability of the agency to conduct needed 
analysis or otherwise carry out those obliga-
tions; 
‘‘(B) formulate and implement administra-
tive, policy, and procedural mechanisms to en-
able the agency to ensure completion of re-
quired Federal authorizations no later than 90 
days after the Commission issues its final envi-
ronmental document; and 
‘‘(C) transmit to the Commission a state-
ment— 
‘‘(i) acknowledging receipt of the 
schedule established under paragraph (1); 
and 
‘‘(ii) setting forth the plan formulated 
under subparagraph (B) of this paragraph. 
‘‘(4) ISSUE
IDENTIFICATION
AND
RESOLU-
TION.— 
‘‘(A) IDENTIFICATION.—Federal and State 
agencies that may consider an aspect of an ap-
plication for Federal authorization shall iden-
tify, as early as possible, any issues of concern
that may delay or prevent an agency from 
working with the Commission to resolve such 
issues and granting such authorization. 
‘‘(B) ISSUE
RESOLUTION.—The Commis-
sion may forward any issue of concern identi-
fied under subparagraph (A) to the heads of 
the relevant agencies (including, in the case of 
a failure by the State agency, the Federal agen-
cy overseeing the delegated authority) for reso-
lution. 
‘‘(5) FAILURE TO MEET SCHEDULE.—If a Fed-
eral or State agency does not complete a proceeding 
for an approval that is required for a Federal au-
thorization in accordance with the schedule estab-
lished by the Commission under paragraph (1)— 
‘‘(A) the applicant may pursue remedies 
under section 19(d); and 
‘‘(B) the head of the relevant Federal 
agency (including, in the case of a failure by a 
State agency, the Federal agency overseeing the 
delegated authority) shall notify Congress and 
the Commission of such failure and set forth a 
recommended implementation plan to ensure 
completion of the proceeding for an approval.’’;
(3) by redesignating subsections (d) through (f) 
as subsections (g) through (i), respectively; and 
(4) by inserting after subsection (c) the fol-
lowing new subsections: 
‘‘(d) REMOTE SURVEYS.—If a Federal or State agen-
cy considering an aspect of an application for Federal au-
thorization requires the applicant to submit environmental 
data, the agency shall consider any such data gathered 
by aerial or other remote means that the applicant sub-
mits. The agency may grant a conditional approval for 
Federal authorization, conditioned on the verification of 
such data by subsequent onsite inspection. 
‘‘(e) APPLICATION PROCESSING.—The Commission, 
and Federal and State agencies, may allow an applicant 
seeking Federal authorization to fund a third-party con-
tractor to assist in reviewing the application. 
‘‘(f) 
ACCOUNTABILITY, 
TRANSPARENCY, 
EFFI-
CIENCY.—For applications requiring multiple Federal au-
thorizations, the Commission, with input from any Federal 
or State agency considering an aspect of an application, 
shall track and make available to the public on the Com-
mission’s website information related to the actions re-
quired to complete permitting, reviews, and other actions 
required. Such information shall include the following:
‘‘(1) The schedule established by the Commis-
sion under subsection (c)(1). 
‘‘(2) A list of all the actions required by each 
applicable agency to complete permitting, reviews, 
and other actions necessary to obtain a final decision 
on the Federal authorization. 
‘‘(3) The expected completion date for each 
such action. 
‘‘(4) A point of contact at the agency account-
able for each such action. 
‘‘(5) In the event that an action is still pending 
as of the expected date of completion, a brief expla-
nation of the reasons for the delay.’’. 
SEC. 1102. RESOLVING ENVIRONMENTAL AND GRID RELI-
ABILITY CONFLICTS. 
(a) COMPLIANCE WITH OR VIOLATION OF ENVIRON-
MENTAL LAWS WHILE UNDER EMERGENCY ORDER.— 
Section 202(c) of the Federal Power Act (16 U.S.C. 
824a(c)) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 
(2) by adding at the end the following: 
‘‘(2) With respect to an order issued under this sub-
section that may result in a conflict with a requirement 
of any Federal, State, or local environmental law or regu-
lation, the Commission shall ensure that such order re-
quires generation, delivery, interchange, or transmission 
of electric energy only during hours necessary to meet the 
emergency and serve the public interest, and, to the max-
imum extent practicable, is consistent with any applicable 
Federal, State, or local environmental law or regulation 
and minimizes any adverse environmental impacts. 
‘‘(3) To the extent any omission or action taken by 
a party, that is necessary to comply with an order issued 
under this subsection, including any omission or action 
taken to voluntarily comply with such order, results in 
noncompliance with, or causes such party to not comply 
with, any Federal, State, or local environmental law or 
regulation, such omission or action shall not be considered 
a violation of such environmental law or regulation, or 
subject such party to any requirement, civil or criminal 
liability, or a citizen suit under such environmental law 
or regulation. 
‘‘(4)(A) An order issued under this subsection that 
may result in a conflict with a requirement of any Federal, 
State, or local environmental law or regulation shall expire 
not later than 90 days after it is issued. The Commission 
may renew or reissue such order pursuant to paragraphs 
(1) and (2) for subsequent periods, not to exceed 90 days 
for each period, as the Commission determines necessary 
to meet the emergency and serve the public interest.
‘‘(B) In renewing or reissuing an order under sub-
paragraph (A), the Commission shall consult with the pri-
mary Federal agency with expertise in the environmental 
interest protected by such law or regulation, and shall in-
clude in any such renewed or reissued order such condi-
tions as such Federal agency determines necessary to min-
imize any adverse environmental impacts to the extent 
practicable. The conditions, if any, submitted by such Fed-
eral agency shall be made available to the public. The 
Commission may exclude such a condition from the re-
newed or reissued order if it determines that such condi-
tion would prevent the order from adequately addressing 
the emergency necessitating such order and provides in 
the order, or otherwise makes publicly available, an expla-
nation of such determination. 
‘‘(5) If an order issued under this subsection is subse-
quently stayed, modified, or set aside by a court pursuant 
to section 313 or any other provision of law, any omission 
or action previously taken by a party that was necessary 
to comply with the order while the order was in effect, 
including any omission or action taken to voluntarily com-
ply with the order, shall remain subject to paragraph 
(3).’’. 
(b) TEMPORARY CONNECTION OR CONSTRUCTION BY 
MUNICIPALITIES.—Section 202(d) of the Federal Power
Act (16 U.S.C. 824a(d)) is amended by inserting ‘‘or mu-
nicipality’’ before ‘‘engaged in the transmission or sale of 
electric energy’’. 
SEC. 1103. EMERGENCY PREPAREDNESS FOR ENERGY SUP-
PLY DISRUPTIONS. 
(a) FINDING.—Congress finds that recent natural 
disasters have underscored the importance of having resil-
ient oil and natural gas infrastructure and energy storage 
and effective ways for industry and government to commu-
nicate to address energy supply disruptions. 
(b) AUTHORIZATION FOR ACTIVITIES TO ENHANCE 
EMERGENCY
PREPAREDNESS
FOR
NATURAL
DISAS-
TERS.—The Secretary of Energy shall develop and adopt 
procedures to— 
(1) improve communication and coordination 
between the Department of Energy’s energy re-
sponse team, Federal partners, and industry; 
(2) leverage the Energy Information Adminis-
tration’s subject matter expertise within the Depart-
ment’s energy response team to improve supply 
chain situation assessments; 
(3) establish company liaisons and direct com-
munication with the Department’s energy response 
team to improve situation assessments;
(4) streamline and enhance processes for ob-
taining temporary regulatory relief to speed up 
emergency response and recovery; 
(5) facilitate and increase engagement among 
States, the oil and natural gas industry, the energy 
storage industry, and the Department in developing 
State and local energy assurance plans; 
(6) establish routine education and training 
programs for key government emergency response 
positions with the Department and States; and 
(7) involve States, the energy storage industry, 
and the oil and natural gas industry in comprehen-
sive drill and exercise programs. 
(c) COOPERATION.—The activities carried out under 
subsection (b) shall include collaborative efforts with State 
and local government officials and the private sector. 
(d) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Energy shall 
submit to Congress a report describing the effectiveness 
of the activities authorized under this section. 
SEC. 1104. CRITICAL ELECTRIC INFRASTRUCTURE SECU-
RITY. 
(a) CRITICAL ELECTRIC INFRASTRUCTURE SECU-
RITY.—Part II of the Federal Power Act (16 U.S.C. 824
et seq.) is amended by adding after section 215 the fol-
lowing new section: 
‘‘SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECU-
RITY. 
‘‘(a) DEFINITIONS.—For purposes of this section: 
‘‘(1) BULK-POWER
SYSTEM; ELECTRIC
RELI-
ABILITY
ORGANIZATION; REGIONAL
ENTITY.—The 
terms ‘bulk-power system’, ‘Electric Reliability Or-
ganization’, and ‘regional entity’ have the meanings 
given such terms in paragraphs (1), (2), and (7) of 
section 215(a), respectively. 
‘‘(2) CRITICAL ELECTRIC INFRASTRUCTURE.— 
The term ‘critical electric infrastructure’ means a 
system or asset of the bulk-power system, whether 
physical or virtual, the incapacity or destruction of 
which would negatively affect national security, eco-
nomic security, public health or safety, or any com-
bination of such matters. 
‘‘(3) CRITICAL ELECTRIC INFRASTRUCTURE IN-
FORMATION.—The term ‘critical electric infrastruc-
ture information’ means information related to crit-
ical electric infrastructure, or proposed critical elec-
trical infrastructure, generated by or provided to the 
Commission or other Federal agency, other than 
classified national security information, that is des-
ignated as critical electric infrastructure information 
by the Commission under subsection (d)(2). Such 
term includes information that qualifies as critical 
energy infrastructure information under the Com-
mission’s regulations. 
‘‘(4) DEFENSE
CRITICAL
ELECTRIC
INFRA-
STRUCTURE.—The term ‘defense critical electric in-
frastructure’ means any electric infrastructure lo-
cated in the United States (including the territories) 
that serves a facility designated by the Secretary 
pursuant to subsection (c), but is not owned or oper-
ated by the owner or operator of such facility. 
‘‘(5) ELECTROMAGNETIC
PULSE.—The term 
‘electromagnetic pulse’ means 1 or more pulses of 
electromagnetic energy emitted by a device capable 
of disabling or disrupting operation of, or destroy-
ing, electronic devices or communications networks, 
including hardware, software, and data, by means of 
such a pulse. 
‘‘(6) GEOMAGNETIC
STORM.—The term ‘geo-
magnetic storm’ means a temporary disturbance of 
the Earth’s magnetic field resulting from solar activ-
ity.
‘‘(7) GRID SECURITY EMERGENCY.—The term 
‘grid security emergency’ means the occurrence or 
imminent danger of— 
‘‘(A)(i) a malicious act using electronic 
communication or an electromagnetic pulse, or 
a geomagnetic storm event, that could disrupt 
the operation of those electronic devices or com-
munications networks, including hardware, soft-
ware, and data, that are essential to the reli-
ability of critical electric infrastructure or of de-
fense critical electric infrastructure; and 
‘‘(ii) disruption of the operation of such 
devices or networks, with significant adverse ef-
fects on the reliability of critical electric infra-
structure or of defense critical electric infra-
structure, as a result of such act or event; or 
‘‘(B)(i) a direct physical attack on critical 
electric infrastructure or on defense critical 
electric infrastructure; and 
‘‘(ii) significant adverse effects on the reli-
ability of critical electric infrastructure or of de-
fense critical electric infrastructure as a result 
of such physical attack. 
‘‘(8) GRID
SECURITY
VULNERABILITY.—The 
term ‘grid security vulnerability’ means a weakness
that, in the event of a malicious act using an electro-
magnetic pulse, would pose a substantial risk of dis-
ruption to the operation of those electrical or elec-
tronic devices or communications networks, includ-
ing hardware, software, and data, that are essential 
to the reliability of the bulk-power system. 
‘‘(9) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Energy. 
‘‘(b) AUTHORITY TO ADDRESS GRID SECURITY 
EMERGENCY.— 
‘‘(1) AUTHORITY.—Whenever the President 
issues and provides to the Secretary a written direc-
tive or determination identifying a grid security 
emergency, the Secretary may, with or without no-
tice, hearing, or report, issue such orders for emer-
gency measures as are necessary in the judgment of 
the Secretary to protect or restore the reliability of 
critical electric infrastructure or of defense critical 
electric infrastructure during such emergency. As 
soon as practicable but not later than 180 days after 
the date of enactment of this section, the Secretary 
shall, after notice and opportunity for comment, es-
tablish rules of procedure that ensure that such au-
thority can be exercised expeditiously.
‘‘(2) NOTIFICATION OF CONGRESS.—Whenever 
the President issues and provides to the Secretary a 
written directive or determination under paragraph 
(1), the President shall promptly notify congres-
sional committees of relevant jurisdiction, including 
the Committee on Energy and Commerce of the 
House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate, of the 
contents of, and justification for, such directive or 
determination. 
‘‘(3) CONSULTATION.—Before issuing an order 
for emergency measures under paragraph (1), the 
Secretary shall, to the extent practicable in light of 
the nature of the grid security emergency and the 
urgency of the need for action, consult with appro-
priate governmental authorities in Canada and Mex-
ico, entities described in paragraph (4), the Elec-
tricity Sub-sector Coordinating Council, the Commis-
sion, and other appropriate Federal agencies regard-
ing implementation of such emergency measures. 
‘‘(4) APPLICATION.—An order for emergency 
measures under this subsection may apply to— 
‘‘(A) the Electric Reliability Organization; 
‘‘(B) a regional entity; or
‘‘(C) any owner, user, or operator of crit-
ical electric infrastructure or of defense critical 
electric infrastructure within the United States. 
‘‘(5) EXPIRATION AND REISSUANCE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an order for emergency 
measures issued under paragraph (1) shall ex-
pire no later than 15 days after its issuance. 
‘‘(B) EXTENSIONS.—The Secretary may 
reissue an order for emergency measures issued 
under paragraph (1) for subsequent periods, 
not to exceed 15 days for each such period, pro-
vided that the President, for each such period, 
issues and provides to the Secretary a written 
directive or determination that the grid security 
emergency identified under paragraph (1) con-
tinues to exist or that the emergency measure 
continues to be required. 
‘‘(6) COST RECOVERY.— 
‘‘(A) CRITICAL
ELECTRIC
INFRASTRUC-
TURE.—If the Commission determines that 
owners, operators, or users of critical electric 
infrastructure have incurred substantial costs to 
comply with an order for emergency measures 
issued under this subsection and that such costs
were prudently incurred and cannot reasonably 
be recovered through regulated rates or market 
prices for the electric energy or services sold by 
such owners, operators, or users, the Commis-
sion shall, consistent with the requirements of 
section 205, after notice and an opportunity for 
comment, establish a mechanism that permits 
such owners, operators, or users to recover such 
costs. 
‘‘(B) DEFENSE CRITICAL ELECTRIC INFRA-
STRUCTURE.—To the extent the owner or oper-
ator of defense critical electric infrastructure is 
required to take emergency measures pursuant 
to an order issued under this subsection, the 
owners or operators of a critical defense facility 
or facilities designated by the Secretary pursu-
ant to subsection (c) that rely upon such infra-
structure shall bear the full incremental costs of 
the measures. 
‘‘(7) TEMPORARY ACCESS TO CLASSIFIED IN-
FORMATION.—The Secretary, and other appropriate 
Federal agencies, shall, to the extent practicable and 
consistent with their obligations to protect classified 
information, provide temporary access to classified 
information related to a grid security emergency for
which emergency measures are issued under para-
graph (1) to key personnel of any entity subject to 
such emergency measures to enable optimum com-
munication between the entity and the Secretary and 
other appropriate Federal agencies regarding the 
grid security emergency. 
‘‘(c) DESIGNATION OF CRITICAL DEFENSE FACILI-
TIES.—Not later than 180 days after the date of enact-
ment of this section, the Secretary, in consultation with 
other appropriate Federal agencies and appropriate own-
ers, users, or operators of infrastructure that may be de-
fense critical electric infrastructure, shall identify and des-
ignate facilities located in the United States (including the 
territories) that are— 
‘‘(1) critical to the defense of the United States; 
and 
‘‘(2) vulnerable to a disruption of the supply of 
electric energy provided to such facility by an exter-
nal provider. 
The Secretary may, in consultation with appropriate Fed-
eral agencies and appropriate owners, users, or operators 
of defense critical electric infrastructure, periodically re-
vise the list of designated facilities as necessary. 
‘‘(d) PROTECTION AND SHARING OF CRITICAL ELEC-
TRIC INFRASTRUCTURE INFORMATION.—
‘‘(1) PROTECTION OF CRITICAL ELECTRIC IN-
FRASTRUCTURE INFORMATION.—Critical electric in-
frastructure 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 
Federal, State, political subdivision or tribal au-
thority pursuant to any Federal, State, political 
subdivision or tribal law requiring public disclo-
sure of information or records. 
‘‘(2) DESIGNATION AND SHARING OF CRITICAL 
ELECTRIC
INFRASTRUCTURE
INFORMATION.—Not 
later than one year after the date of enactment of 
this section, the Commission, in consultation with 
the Secretary of Energy, shall promulgate such reg-
ulations and issue such orders as necessary to— 
‘‘(A) designate information as critical elec-
tric infrastructure information; 
‘‘(B) prohibit the unauthorized disclosure 
of critical electric infrastructure information; 
‘‘(C) ensure there are appropriate sanc-
tions in place for Commissioners, officers, em-
ployees, or agents of the Commission who 
knowingly and willfully disclose critical electric
infrastructure information in a manner that is 
not authorized under this section; and 
‘‘(D) taking into account standards of the 
Electric Reliability Organization, facilitate vol-
untary sharing of critical electric infrastructure 
information with, between, and by— 
‘‘(i) Federal, State, political subdivi-
sion, and tribal authorities; 
‘‘(ii) the Electric Reliability Organiza-
tion; 
‘‘(iii) regional entities; 
‘‘(iv) information sharing and analysis 
centers established pursuant to Presi-
dential Decision Directive 63; 
‘‘(v) owners, operators, and users of 
critical electric infrastructure in the United 
States; and 
‘‘(vi) other entities determined appro-
priate by the Commission. 
‘‘(3) CONSIDERATIONS.—In promulgating regu-
lations and issuing orders under paragraph (2), the 
Commission shall take into consideration 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 jurisdic-
tions. 
‘‘(4) PROTOCOLS.—The Commission shall, in 
consultation with Canadian and Mexican authorities, 
develop protocols for the voluntary sharing of critical 
electric infrastructure information with Canadian 
and Mexican authorities and owners, operators, and 
users of the bulk-power system outside the United 
States. 
‘‘(5) NO
REQUIRED
SHARING
OF
INFORMA-
TION.—Nothing in this section shall require a person 
or entity in possession of critical electric infrastruc-
ture information to share such information with 
Federal, State, political subdivision, or tribal au-
thorities, or any other person or entity. 
‘‘(6) SUBMISSION
OF
INFORMATION
TO
CON-
GRESS.—Nothing in this section shall permit or au-
thorize the withholding of information from Con-
gress, any committee or subcommittee thereof, or 
the Comptroller General. 
‘‘(7) DISCLOSURE
OF
PROTECTED
INFORMA-
TION.—In implementing this section, the Commis-
sion shall segregate critical electric infrastructure in-
formation or information that reasonably could be