‘‘(3) 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. 
‘‘(4) DISCLOSURE OF NON-PROTECTED INFOR-
MATION.—In implementing this section, the Com-
mission shall protect from disclosure only the min-
imum amount of information necessary to protect 
the reliability of the bulk-power system and of de-
fense critical electric infrastructure. The Commission 
shall segregate protected information within docu-
ments and electronic communications, wherever fea-
sible, to facilitate disclosure of information that is 
not designated as protected information. 
‘‘(5) DURATION
OF
DESIGNATION.—Informa-
tion may not be designated as protected information 
for longer than 5 years, unless specifically redesig-
nated by the Commission. 
‘‘(6) REMOVAL OF DESIGNATION.—The Com-
mission may remove the designation of protected in-
formation, in whole or in part, from a document or 
electronic communication if the unauthorized disclo-
sure of such information could no longer be used to 
VerDate Nov 24 2008 
06:34 Apr 15, 2010
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5026.IH
H5026
jbell on DSKDVH8Z91PROD with BILLS
impair the reliability of the bulk-power system or of 
defense critical electric infrastructure. 
‘‘(7) JUDICIAL
REVIEW
OF
DESIGNATIONS.— 
Notwithstanding subsection (f) of this section or sec-
tion 313, a person or entity may seek judicial review 
of a determination by the Commission concerning 
the designation of protected information under this 
subsection exclusively in the district court of the 
United States in the district in which the complain-
ant resides, or has his principal place of business, or 
in the District of Columbia. In such a case the court 
shall determine the matter de novo, and may exam-
ine the contents of documents or electronic commu-
nications designated as protected information in 
camera to determine whether such documents or any 
part thereof were improperly designated as protected 
information. The burden is on the Commission to 
sustain its designation. 
‘‘(f) JUDICIAL REVIEW.—The Commission shall act 
expeditiously to resolve all applications for rehearing of 
orders issued pursuant to this section that are filed under 
section 313(a). Any party seeking judicial review pursuant 
to section 313 of an order issued under this section may 
obtain such review only in the United States Court of Ap-
peals for the District of Columbia Circuit. 
VerDate Nov 24 2008 
06:34 Apr 15, 2010
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5026.IH
H5026
jbell on DSKDVH8Z91PROD with BILLS
‘‘(g) PROVISION OF ASSISTANCE TO INDUSTRY IN 
MEETING GRID SECURITY PROTECTION NEEDS.— 
‘‘(1) EXPERTISE AND RESOURCES.—The Sec-
retary shall establish a program, in consultation with 
other appropriate Federal agencies, to develop tech-
nical expertise in the protection of systems for the 
generation, transmission, and distribution of electric 
energy against geomagnetic storms or malicious acts 
using electronic communications or electromagnetic 
weapons that would pose a substantial risk of dis-
ruption to the operation of those programmable elec-
tronic devices and communications networks, includ-
ing hardware, software, and data, that are essential 
to the reliability of such systems. Such program 
shall include the identification and development of 
appropriate technical and electronic resources, in-
cluding hardware, software, and system equipment. 
‘‘(2) SHARING
EXPERTISE.—As appropriate, 
the Secretary shall offer to share technical expertise 
developed under the program under paragraph (1), 
through consultation and assistance, with owners, 
operators, or users of systems for the generation, 
transmission, or distribution of electric energy lo-
cated in the United States and with State commis-
sions. In offering such support, the Secretary shall 
VerDate Nov 24 2008 
06:34 Apr 15, 2010
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5026.IH
H5026
jbell on DSKDVH8Z91PROD with BILLS
assign higher priority to systems serving facilities 
designated by the President pursuant to subsection 
(d)(1) and other critical-infrastructure facilities, 
which the Secretary shall identify in consultation 
with the Commission and other appropriate Federal 
agencies. 
‘‘(3) SECURITY CLEARANCES AND COMMUNICA-
TION.—The Secretary shall facilitate and, to the ex-
tent practicable, expedite the acquisition 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 
grid 
security 
threats, 
grid 
security 
vulnerabilities, and defense critical electric infra-
structure vulnerabilities. The Secretary, the Com-
mission, and other appropriate Federal agencies 
shall, to the extent practicable and consistent with 
their obligations to protect classified and protected 
information, share timely actionable information re-
garding 
grid 
security 
threats, 
grid 
security 
vulnerabilities, and defense critical electric infra-
structure vulnerabilities with appropriate key per-
sonnel of owners, operators, and users of the bulk- 
power system and of defense critical electric infra-
structure.’’. 
VerDate Nov 24 2008 
06:34 Apr 15, 2010
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5026.IH
H5026
jbell on DSKDVH8Z91PROD with BILLS