To amend the Federal Power Act to provide for enforcement, including criminal penalties, by the Federal Energy Regulatory Commission of electric reliability standards, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Save America's Utility 
Infrastructure and Secure America Now Act of 2008''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) The blackout of August 2003 in the Northeast, Midwest, 
        and adjoining parts of Canada highlighted the need for 
        infrastructure and operating improvements.
            (2) In 2005 Hurricane Wilma destroyed power in most of 
        southern Florida, and within 6 months, Florida utility 
        regulators inserted requirements that utilities harden their 
        system over time and create a regular schedule of clearing 
        vegetation from power lines to ensure electric reliability.
            (3) In Iowa, in 2008, over two dozen people were killed and 
        148 injured as a result of flooding. Flood warnings covered a 
        span of about 325 miles from Dubuque, Iowa to St. Louis, 
        Missouri with over 35,000 families evacuated from their homes.
            (4) The devastation from Hurricane Katrina and its 
        calamitous results can still be seen across the Gulf Coast. 
        Hurricane Katrina cost over 1,800 lives, billions of dollars in 
        damage and catastrophic loss and the largest single loss in the 
        history of insurance at $40.6 billion with more than 1.7 
        million claims across 6 States (Louisiana, Mississippi, 
        Alabama, Florida, Tennessee, and Georgia).
            (5) Early estimates of Hurricane Ike's destruction are $9.8 
        billion in insured damages, which would make it the 4th most 
        expensive hurricane in the history of the United States, 
        according to the Insurance Information Institute. Hurricane 
        Katrina caused $43 billion in damages.
            (6) Cedric Delane passed away September 14, 2008, due in 
        part to a lack of electricity and not being identified as part 
        of the vulnerable class of people that needed assistance 
        immediately. Cedric was a 5th grade student at Blackshear 
        Elementary in Houston, Texas. Cedric was an asthmatic and 
        suffered a severe attack during Hurricane Ike. The lack of 
        electrical power prevented the use of his breathing machine, 
        which could possibly have saved his life. The paramedics were 
        called and Cedric was transported to the hospital, but he did 
        not survive.
            (7) There have been more than 370,000 overnight shelter 
        stays, over 8.77 million meals served, and over 190,000 clean-
        up kits and comfort kits distributed in the Houston-Galveston 
        area of Texas after Hurricanes Gustav and Ike.
            (8) The Texas Public Utility Commissioners did not require 
        electric companies on the coast to ensure reliability in their 
        distribution systems against hurricanes after the Texas Public 
        Utility Commission staff recommended aggressive tree-trimming 
        programs and major upgrades, including replacing wooden 
        electric polls with metal or concrete polls in 2005 after 
        Hurricane Rita.
            (9) Texas Public utility companies fought the 
        recommendations on the grounds that upgrading the distribution 
        system would cost far more than repairing it after a storm, 
        however the Texas Public Utility Commission ordered a cost-
        benefit analysis of only one recommendation: moving electric 
        substations out of flood zones.
            (10) There were 28 Houston-area deaths attributed to 
        Hurricane Ike with over a half a million people without 
        electrical power for more than a week including many elderly, 
        disabled, and medically-dependent persons.
            (11) Without criminal enforcement of reliability standards 
        with penalties by FERC and cost-benefit studies that include 
        United States Census and Federal Emergency Management Agency 
        data on vulnerable populations and loss of electricity on those 
        populations, greater loss of property and life will occur.

SEC. 3. FERC ENFORCEMENT AUTHORITY.

    Section 215(e) of the Federal Power Act (16 U.S.C. 824o) is amended 
as follows:
            (1) In paragraph (1) by striking ``ERO may impose, subject 
        to paragraph (2),'' and inserting ``Commission may impose'' and 
        by striking ``if the ERO'' and inserting ``if the Commission''.
            (2) Paragraph (2) is amended to read as follows:
            ``(2) Any person who violates any standard approved by the 
        Commission under subsection (d) shall, upon conviction, be 
        fined in accordance with title 18, United States Code, or 
        imprisoned not more than 5 years, or both.''.
            (3) Paragraph (4) is repealed.
            (4) In paragraph (6) by striking ``penalty imposed under 
        this section'' and inserting ``civil penalty imposed under 
        paragraph (1) of this section''.

SEC. 4. DISTURBANCES LASTING LONGER THAN 5 DAYS.

    Within 180 days after the enactment of this Act the Federal Energy 
Regulatory Commission shall issue a rule under section 215 of the 
Federal Power Act amending the reliability standards under that section 
to prohibit disturbances (other than planned maintenance) lasting 
greater than 5 days at substations subject to section 215.

SEC. 5. STUDY AND REPORT ON EMERGENCY PLANNING PREPAREDNESS FOR 
              VULNERABLE POPULATIONS.

    (a) Study.--The Secretary of the Department of Homeland Security, 
acting through the Assistant Secretary of the Office of the 
Infrastructure Protection, shall conduct a study to examine gaps in 
emergency planning preparedness and management as related to vulnerable 
populations including--
            (1) individuals with physical and mental disabilities, 
        visual impairments, hearing impairments, limited English 
        proficiency, and literacy barriers;
            (2) socially and economically disadvantaged households and 
        communities;
            (3) individuals over 65 years old;
            (4) minor children; and
            (5) individuals with pets or service animals.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act the Secretary of the Department of Homeland 
Security, acting through the Assistant Secretary of the Office of the 
Infrastructure Protection, shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate a report containing the 
results of the study under subsection (a) and any recommendations of 
the Secretary.

Summary: Save America's Utility Infrastructure and Secure America Now Act of 2008 - Amends the Federal Power Act to grant the Federal Energy Regulatory Commission (FERC) enforcement powers with respect to electric reliability standards. (Currently such powers are exercised by an Electric Reliability Organization [ERO].)

Revises penalty guidelines to subject to federal criminal law any person who violates a FERC-approved electric reliability standard.



Requires FERC to issue a rule in connection with electric reliability standards to prohibit disturbances (other than planned maintenance) lasting greater than five days at certain substations.

Instructs the Secretary of the Department of Homeland Security to study and report to Congress on gaps in emergency planning preparedness and management as related to specified, vulnerable populations.