HR 5026 RFS
geomagnetic storm event. The Commission’s order 
shall specify the nature and magnitude of the rea-
sonably foreseeable attacks or events that shall pro-
vide the basis for such standards. Such standards 
shall— 
‘‘(A) provide entities subject to the stand-
ards with the option of meeting such standards 
individually or jointly; and 
‘‘(B) appropriately balance the risks asso-
ciated with a reasonably foreseeable attack or 
event, including any regional variation in such 
risks, and the costs of ensuring adequate avail-
ability of spare transformers. 
‘‘(d) CRITICAL DEFENSE FACILITIES.— 
‘‘(1) DESIGNATION.—Not later than 180 days 
after the date of enactment of this section, the 
President shall designate, in a written directive or 
determination provided to the Commission, facilities 
located in the United States (including the terri-
tories) that are— 
‘‘(A) critical to the defense of the United 
States; and 
‘‘(B) vulnerable to a disruption of the sup-
ply of electric energy provided to such facility 
by an external provider. 
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The number of facilities designated by such directive 
or determination shall not exceed 100. The Presi-
dent may periodically revise the list of designated fa-
cilities through a subsequent written directive or de-
termination provided to the Commission, provided 
that the total number of designated facilities at any 
time shall not exceed 100. 
‘‘(2) COMMISSION AUTHORITY.—If the Commis-
sion identifies a defense critical electric infrastruc-
ture vulnerability that the Commission, in consulta-
tion with owners and operators of any facility or fa-
cilities designated by the President pursuant to 
paragraph (1), determines has not adequately been 
addressed through measures undertaken by owners 
or operators of defense critical electric infrastruc-
ture, the Commission shall, after notice and an op-
portunity for comment and after consultation with 
the Secretary and other appropriate Federal agen-
cies, promulgate a rule or issue an order requiring 
implementation, by any owner or operator of defense 
critical electric infrastructure, of measures to protect 
the defense critical electric infrastructure against 
such vulnerability. The Commission shall exempt 
from any such rule or order any specific defense 
critical electric infrastructure that the Commission 
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determines already has been adequately protected 
against the identified vulnerability. The Commission 
shall make any such determination in consultation 
with the owner or operator of the facility designated 
by the President pursuant to paragraph (1) that re-
lies upon such defense critical electric infrastructure. 
‘‘(3) COST RECOVERY.—An owner or operator 
of defense critical electric infrastructure shall be re-
quired to take measures under paragraph (2) only to 
the extent that the owners or operators of a facility 
or facilities designated by the President pursuant to 
paragraph (1) that rely upon such infrastructure 
agree to bear the full incremental costs of compli-
ance with a rule promulgated or order issued under 
paragraph (2). 
‘‘(e) PROTECTION OF INFORMATION.— 
‘‘(1) PROHIBITION OF PUBLIC DISCLOSURE OF 
PROTECTED
INFORMATION.—Protected 
informa-
tion— 
‘‘(A) shall be exempt from disclosure under 
section 552(b)(3) of title 5, United States Code; 
and 
‘‘(B) shall not be made available pursuant 
to any State, local, or tribal law requiring dis-
closure of information or records. 
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