obtain such review only in the United States Court of Ap-
peals for the District of Columbia Circuit. 
‘‘(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 
pulse that would pose a substantial risk of disrup-
tion to the operation of those electronic devices or 
communications networks, including hardware, soft-
ware, and data, that are essential to the reliability 
of such systems. Such program shall include the 
identification and development of appropriate tech-
nical and electronic resources, including 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-
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cated in the United States and with State commis-
sions. In offering such support, the Secretary shall 
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- 
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power system and of defense critical electric infra-
structure. 
‘‘(h) CERTAIN FEDERAL ENTITIES.—For the 11-year 
period commencing on the date of enactment of this sec-
tion, the Tennessee Valley Authority and the Bonneville 
Power Administration shall be exempt from any require-
ment under subsection (b) or (c) (except for any require-
ment addressing a malicious act using electronic commu-
nication).’’. 
(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,’’. 
SEC. 3. BUDGETARY COMPLIANCE. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
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vided that such statement has been submitted prior to the 
vote on passage. 
SECTION 1. CRITICAL ELECTRIC INFRASTRUCTURE. 
Part II of the Federal Power Act (16 U.S.C. 824 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 224. CRITICAL ELECTRIC INFRASTRUCTURE. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CRITICAL
ELECTRIC
INFRASTRUCTURE.— 
The term ‘critical electric infrastructure’ means sys-
tems and assets, whether physical or virtual, used for 
the generation, transmission, or distribution of elec-
tric energy affecting interstate commerce that, as de-
termined by the Commission or the Secretary (as ap-
propriate), are so vital to the United States that the 
incapacity or destruction of the systems and assets 
would have a debilitating impact on national secu-
rity, national economic security, or national public 
health or safety. 
‘‘(2) CRITICAL ELECTRIC INFRASTRUCTURE IN-
FORMATION.—The term ‘critical electric infrastruc-
ture information’ means critical infrastructure infor-
mation relating to critical electric infrastructure. 
‘‘(3) 
CRITICAL
INFRASTRUCTURE
INFORMA-
TION.—The term ‘critical infrastructure information’ 
has the meaning given the term in section 212 of the 
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Critical Infrastructure Information Act of 2002 (6 
U.S.C. 131). 
‘‘(4) CYBER
SECURITY
THREAT.—The term 
‘cyber security threat’ means the imminent danger of 
an act that disrupts, attempts to disrupt, or poses a 
significant risk of disrupting the operation of pro-
grammable electronic devices or communications net-
works (including hardware, software, and data) essen-
tial to the reliable operation of critical electric infra-
structure. 
‘‘(5) CYBER
SECURITY
VULNERABILITY.—The 
term ‘cyber security vulnerability’ means a weakness 
or flaw in the design or operation of any program-
mable electronic device or communication network 
that exposes critical electric infrastructure to a cyber 
security threat. 
‘‘(6) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Energy. 
‘‘(b) AUTHORITY OF COMMISSION.— 
‘‘(1) IN GENERAL.—The Commission shall issue 
such rules or orders as are necessary to protect crit-
ical electric infrastructure from cyber security 
vulnerabilities. 
‘‘(2) EXPEDITED
PROCEDURES.—The Commis-
sion may issue a rule or order without prior notice 
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