I 
114TH CONGRESS 
1ST SESSION H. R. 2271 
To amend the Federal Power Act with respect to critical electric 
infrastructure security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2015 
Mr. LATTA (for himself, Mr. MCNERNEY, and Mrs. ELLMERS of North Caro-
lina) introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To amend the Federal Power Act with respect to critical 
electric infrastructure security, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Critical Electric Infra-
structure Protection Act’’. 
SEC. 2. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY. 
(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: 
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‘‘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, whether physical or virtual, used for 
the generation, transmission, or distribution of elec-
tric energy affecting interstate commerce, the inca-
pacity or destruction of which would negatively af-
fect national security, economic security, public 
health or safety, or any combination of such mat-
ters. 
‘‘(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, other than classified national security 
information, that is designated as critical electric in-
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frastructure information by the Commission under 
subsection (d)(2). 
‘‘(4) DEFENSE
CRITICAL
ELECTRIC
INFRA-
STRUCTURE.—The term ‘defense critical electric in-
frastructure’ means any infrastructure located in the 
United States (including the territories) used for the 
generation, transmission, or distribution of electric 
energy that— 
‘‘(A) is not part of the bulk-power system; 
and 
‘‘(B) serves a facility designated by the 
Secretary pursuant to subsection (c), but is not 
owned or operated 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. 
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‘‘(7) GRID SECURITY EMERGENCY.—The term 
‘grid security emergency’ means the imminent dan-
ger 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 the bulk-power system or of defense 
critical electric infrastructure; and 
‘‘(ii) disruption of the operation of such 
devices or networks, with significant adverse ef-
fects on the reliability of the bulk-power system 
or of defense critical electric infrastructure, as 
a result of such act or event; or 
‘‘(B)(i) a direct physical attack on the 
bulk-power system or on defense critical electric 
infrastructure; and 
‘‘(ii) significant adverse effects on the reli-
ability of the bulk-power system or of defense 
critical electric infrastructure as a result of 
such physical attack. 
‘‘(8) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Energy. 
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‘‘(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 the reliability of the bulk- 
power system or of defense critical electric infra-
structure during such emergency. As soon as prac-
ticable but not later than 180 days after the date of 
enactment of this section, the Secretary shall, after 
notice and opportunity for comment, establish rules 
of procedure that ensure that such authority 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 
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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 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 the 
bulk-power system 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 30 days after its issuance. 
‘‘(B) EXTENSIONS.—The Secretary may 
reissue an order for emergency measures issued 
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under paragraph (1) for subsequent periods, 
not to exceed 30 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) BULK-POWER SYSTEM.—If the Com-
mission determines that owners, operators, or 
users of the bulk-power system have incurred 
substantial costs to comply with an order for 
emergency measures issued under this sub-
section and that such costs were prudently in-
curred and cannot reasonably be recovered 
through regulated rates or market prices for 
the electric energy or services sold by such own-
ers, operators, or users, the Commission shall, 
after notice and an opportunity for comment, 
establish a mechanism that permits such own-
ers, 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 
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required to take emergency measures pursuant 
to an order issued under this subsection, the 
owners or operators of a facility or facilities 
designated by the Secretary pursuant to sub-
section (c) that rely upon such infrastructure 
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-
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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 
State, local, or tribal authority pursuant to any 
State, local, or tribal law requiring disclosure of 
information or records. 
‘‘(2) DESIGNATION AND SHARING OF CRITICAL 
ELECTRIC
INFRASTRUCTURE
INFORMATION.—The 
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Commission shall promulgate such regulations 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) provide standards for and authorize 
the appropriate voluntary sharing of critical 
electric infrastructure information with, be-
tween, and by— 
‘‘(i) Federal, State, local, and tribal 
authorities; 
‘‘(ii) the Electric Reliability Organiza-
tion; 
‘‘(iii) regional entities; 
‘‘(iv) Information Sharing and Anal-
ysis Centers established pursuant to Presi-
dential Decision Directive 63; 
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‘‘(v) owners, operators, and users of 
the bulk-power system 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, between, 
and by Canadian and Mexican authorities and own-
ers, 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 
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Federal, State, local, or tribal authorities, or any 
other person or entity. 
‘‘(6) DISCLOSURE OF NON-CRITICAL ELECTRIC 
INFRASTRUCTURE INFORMATION.—In implementing 
this section, the Commission shall segregate critical 
electric infrastructure information within documents 
and electronic communications, wherever feasible, to 
facilitate disclosure of information that is not des-
ignated as critical electric infrastructure informa-
tion. 
‘‘(e) SECURITY CLEARANCES.—The Secretary shall 
facilitate and, to the extent practicable, expedite the acqui-
sition of adequate security clearances by key personnel of 
any entity subject to the requirements of this section, to 
enable optimum communication with Federal agencies re-
garding threats to the security of the critical electric infra-
structure. The Secretary, the Commission, and other ap-
propriate Federal agencies shall, to the extent practicable 
and consistent with their obligations to protect classified 
and critical electric infrastructure information, share time-
ly actionable information regarding grid security with ap-
propriate key personnel of owners, operators, and users 
of the critical electric infrastructure. 
‘‘(f) CLARIFICATIONS OF LIABILITY.— 
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information under, and that is conducted in accord-
ance with, subsection (d). 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to require dis-
missal of a cause of action against an entity that, 
in the course of complying with an order for emer-
gency measures issued under subsection (b)(1) by 
taking an action or omission for which they would 
be liable but for paragraph (1) or (2), takes such ac-
tion or omission in a grossly negligent manner.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) JURISDICTION.—Section 201(b)(2) of the 
Federal Power Act (16 U.S.C. 824(b)(2)) is amend-
ed by inserting ‘‘215A,’’ after ‘‘215,’’ each place it 
appears. 
(2) PUBLIC
UTILITY.—Section 201(e) of the 
Federal Power Act (16 U.S.C. 824(e)) is amended 
by inserting ‘‘215A,’’ after ‘‘215,’’. 
Æ 
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