TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Ethics Commission Act of 
2007''.

SEC. 2. ESTABLISHMENT OF INDEPENDENT ETHICS COMMISSION.

    (a) Establishment.--There is established an independent ethics 
commission within the House of Representatives to be known as the 
Independent Ethics Committee (in this Act referred to as the 
``Commission'').
    (b) Membership and Terms of Office.--(1) The Commission shall 
consist of 9 commissioners, 4 appointed by the Speaker and 4 by the 
minority leader of the House, and one selected by the affirmative vote 
of two-thirds of the 8 appointed commissioners for a term of 5 years. 
No commissioner may serve for more than 5 years.
    (2) Commissioners shall be appointed for terms of 5 years, except 
that of the commissioners first appointed, 2 appointed by the Speaker 
and 2 by the minority leader shall be for 3-year terms and 2 appointed 
by the Speaker and 2 by the minority leader shall be for 4-year terms 
as designated by the Speaker and the minority leader at the time of 
appointment.
    (c) Qualifications.--Only former Federal judges shall be eligible 
for appointment to the Commission.
            (1) Disqualifications for appointments.--
                    (A) Lobbying.--No individual who has been a 
                lobbyist registered under the Lobbying Disclosure Act 
                of 1995 or engages in, or is otherwise employed in, 
                lobbying of the Congress or who is an agent of a 
                foreign principal registered under the Foreign Agents 
                Registration Act within the 4-year period immediately 
                preceding appointment shall be eligible for appointment 
                to, or service on, the Commission.
                    (B) Incompatible office.--No member of the 
                Commission appointed under subsection (b) may be a 
                Member of the House of Representatives or Senator.
            (2) Vacancies.--A vacancy on the Commission shall be filled 
        in the manner in which the original appointment was made.
    (d) Compensation.--Members shall each be entitled to receive the 
daily equivalent of the maximum annual rate of basic pay in effect for 
Level III of the Executive Schedule for each day (including travel 
time) during which they are engaged in the actual performance of duties 
vested in the Commission.
    (e) Quorum.--A majority of the members of the Commission shall 
constitute a quorum.
    (f) Meetings.--The Commission shall meet at the call a majority of 
its members.

SEC. 3. DUTIES OF COMMISSION.

    (a) Duties.--The Commission is authorized--
            (1) to receive, monitor, and oversee financial disclosure 
        and other reports filed by Members of the House and officers 
        and employees of the House under the Ethics in Government Act 
        of 1978, and reports filed by registered lobbyists under the 
        Lobbying Disclosure Act of 1995;
            (2) to investigate any alleged violation, by a Member, 
        officer, or employee of the House of Representatives, of any 
        rule or other standard of conduct applicable to the conduct of 
        such Member, officer, or employee under House rules in the 
        performance of his duties or the discharge of his 
        responsibilities;
            (3) to present a case of probable ethics violations to the 
        Committee on Standards of Official Conduct of the House of 
        Representatives;
            (4) to make recommendations to the Committee on Standards 
        of Official Conduct of the House of Representatives that it 
        report to the appropriate Federal or State authorities any 
        substantial evidence of a violation by a Member, officer, or 
        employee of the House of Representatives of any law applicable 
        to the performance of his duties or the discharge of his 
        responsibilities, which may have been disclosed in an 
        investigation by the Office;
            (5) to provide information and informal guidance to 
        Members, officers and employees of the House of Representatives 
        regarding any rules and other standards of conduct applicable 
        to such individuals in their official capacities, and develop 
        and carry out periodic educational briefings for Members, 
        officers, and employees of the House of Representatives on 
        those laws, rules, regulations, or other standards; and
            (6) to give consideration to the request of any Member, 
        officer, or employee of the House of Representatives for a 
        formal advisory opinion or other formal ruling, subject to the 
        review of the Committee on Standards of Official Conduct of the 
        House of Representatives, as applicable, with respect to the 
        general propriety of any current or proposed conduct of such 
        Member, officer, or employee and, with appropriate deletions to 
        assure the privacy of the individual concerned, to publish such 
        opinion for the guidance of other Members, officers, and 
        employees of the House of Representatives.

SEC. 4. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission may for the purpose of 
carrying out this Act--
            (1) hold such hearings and sit and act at such times and 
        places, take such testimony, receive such evidence, administer 
        such oaths; and
            (2) subject to subsection (b), require, by subpoena or 
        otherwise, the attendance and testimony of such witnesses and 
        the production of such books, records, correspondence, 
        memoranda, papers, and documents, as the Commission may 
        determine advisable.
    (b) Subpoenas.--A subpoena may be issued only with a majority of 
the Commission.
    (c) Obtaining Information.--Upon request of the Commission, the 
head of any agency or instrumentality of the Government shall furnish 
information deemed necessary by the Commission to enable it to carry 
out its duties.
    (d) Referrals to the Department of Justice.--Whenever the 
Commission has reason to believe that a violation of the Lobbying 
Disclosure Act of 1995 may have occurred, that matter may be referred 
to the Department of Justice for it to investigate.
    (e) General Audits.--The Commission shall have the authority to 
conduct general audits of filings under the Lobbying Disclosure Act of 
1995.

SEC. 5. INVESTIGATIONS AND INTERACTION WITH THE HOUSE COMMITTEE ON 
              STANDARDS OF OFFICIAL CONDUCT.

    (a) Notification.--Whenever the Commission determines that there 
are sufficient grounds to conduct an investigation--
            (1) the Commission shall notify the Committee on Standards 
        of Official Conduct of this determination;
            (2) the applicable committee may overrule the determination 
        of the Commission if, within 10 legislative days--
                    (A) the committee by an affirmative, roll-call vote 
                of two-thirds of the full committee votes to overrule 
                the determination of the Commission;
                    (B) the committee issues a public report detailing 
                its reasoning for overruling the Commission;
                    (C) the vote of each member of the committee on 
                such roll-call vote is included in the report;
                    (D) dissenting members are allowed to issue their 
                own report detailing their reasons for disagreeing with 
                the majority vote; and
                    (E) if the committee votes to overrule the 
                determination of the Commission pursuant to 
                subparagraph (B), the Commission may publish and make 
                available to the general public a report detailing the 
                reasons that the Commission concluded there were 
                sufficient grounds to conduct an investigation.
    (b) Conducting Investigations.--(1) If the Commission determines 
that there are sufficient grounds to conduct an investigation and his 
determination is not overruled under subsection (a)(5), the Commission 
shall conduct an investigation to determine if probable cause exists 
that a violation occurred.
    (2) As part of an investigation, the Commission may--
            (A) administer oaths;
            (B) issue subpoenas;
            (C) compel the attendance of witnesses and the production 
        of papers, books, accounts, documents, and testimony; and
            (D) take the deposition of witnesses.
    (3) If a person disobeys or refuses to comply with a subpoena, or 
if a witness refuses to testify to a matter, he may be held in contempt 
of Congress.
    (c) Presentation of Case to House Committee on Standards of 
Official Conduct.--(1) If the Commission determines, upon conclusion of 
an investigation, that probable cause exists that an ethics violation 
has occurred, the Commission shall notify the Committee on Standards of 
Official Conduct of the House of Representatives of this determination.
    (2) The committee may overrule the determination of the Commission 
if, within 10 legislative days--
            (A) the committee by an affirmative, roll-call vote of two-
        thirds of the full committee votes to overrule the 
        determination of the Commission;
            (B) the committee issues a public report detailing its 
        reasoning for overruling the Commission;
            (C) the vote of each member of the committee on such roll-
        call vote is included in the report; and
            (D) dissenting members are allowed to issue their own 
        report detailing their reasons for disagreeing with the 
        majority vote.
    (3) If the committee votes to overrule the determination of the 
Commission pursuant to paragraph (2), the Commission may publish and 
make available to the general public a report detailing the reasons 
that he concluded there were sufficient grounds to present such case to 
the committee.
    (4)(A) If the Commission determines there is probable cause that an 
ethics violation has occurred and the Commission's determination is not 
overruled, the Commission shall present the case and evidence to the 
Committee on Standards of Official Conduct of the House of 
Representatives to hear and make a determination pursuant to its rules.
    (B) The committee shall vote upon whether the individual who is the 
subject of the investigation has violated any rules or other standards 
of conduct applicable to that individual in his official capacity. Such 
votes shall be a roll-call vote of the full committee, a quorum being 
present. The committee shall issue a public report which shall include 
the vote of each member of the committee on such roll-call vote. 
Dissenting members may issue their own report detailing their own 
reasons for disagreeing with the majority vote.
    (d) Sanctions.--Whenever the Committee on Standards of Official 
Conduct of the House of Representatives finds that an ethics violation 
has occurred the Commission shall recommend appropriate sanctions to 
the committee and whether a matter should be referred to the Department 
of Justice for investigation.

SEC. 6. PROCEDURAL RULES.

    (a) Majority Approval.--No report or recommendation relating to the 
official conduct of a Member, officer, or employee of the House of 
Representatives shall be made by the Commission, and no investigation 
of such conduct shall be undertaken by the Commission, unless approved 
by the affirmative vote of a majority of the members of the Commission.
    (b) Investigations.--Except in the case of an investigation 
undertaken by the Commission on its own initiative, the Commission may 
undertake an investigation relating to the official conduct of an 
individual Member, officer, or employee of the House of Representatives 
only--
            (1) upon receipt of a complaint, in writing and under oath, 
        made by or submitted to a Member of the House of 
        Representatives and transmitted to the Commission by such 
        Member, or
            (2) upon receipt of a complaint from the chairman of the 
        Committee on Standards of Official Conduct of the House of 
        Representatives, in writing and under oath, made by that 
        committee.
    (c) Prohibition of Certain Investigations.--No investigation shall 
be undertaken by the Commission of any alleged violation of a law, 
rule, regulation, or standard of conduct not in effect at the time of 
the alleged violation.
    (d) Disclosure.--No information or testimony received, or the 
contents of a complaint or the fact of its filing, shall be publicly 
disclosed by any member of the Commission or staff of the Commission 
unless specifically authorized in each instance by a vote of the 
Commission.

SEC. 7. STAFF OF COMMISSION.

    The Commission may appoint and fix the compensation of such staff 
as the Commission considers necessary to perform its duties. The 
Commission shall be appointed jointly by the Speaker and minority 
leader and shall be paid at a rate not to exceed the rate of basic pay 
payable for Level III of the Executive Schedule.

SEC. 8. AMENDMENTS TO THE RULES OF THE HOUSE TO CHANGE THE DUTIES OF 
              THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.

    (a) House Rules Amendments.--Clause 3 of rule XI of the Rules of 
the House of Representatives is amended as follows:
            (1) In paragraph (a), strike subparagraphs (1), (2), and 
        (3), and redesignate subparagraphs (4), (5), and (6), as 
        subparagraphs (1), (2), and (3), respectively.
            (2)(A) Paragraph (b)(1) is amended by striking ``(A)'', by 
        striking ``a resolution, report, recommendation, or'' and 
        inserting ``an'', and by striking ``, or, except as provided in 
        subparagraph (2), undertake an investigation'', and by striking 
        subdivision (B).
            (B) Paragraph (b) is further amended by striking 
        subparagraphs (2), (3), (4), and (5) and by redesignating 
        subparagraphs (6) and (7) as subparagraphs (2) and (3), 
        respectively.
            (3) Strike paragraphs (j) (k), (l), (m), (n), (o), (p), and 
        (q).
    (b) Conforming Amendments.--Section 803 of the Ethics Reform Act of 
1989 (2 U.S.C. 29d) is amended by striking subsections (c) and (d).

SEC. 9. ACTION ON COMMISSION RECOMMENDATIONS.

    (a) Printing of Reports in Congressional Record.--Upon receipt by 
the Committee on Standards of Official Conduct of the House of 
Representatives of any report of the Commission, the Speaker of the 
House of Representatives shall have the report printed in the 
Congressional Record.
    (b) House Consideration of Independent Ethics Commission 
Recommendations.--Within 14 calendar days after a report referred to in 
subsection (a) is printed in the Congressional Record, that portion of 
the report recommending action by the House of Representatives 
respecting any alleged violation, by a Member, officer, or employee of 
the House of Representatives, of any law, rule, regulation, or other 
standard of conduct applicable to the conduct of such Member, officer, 
or employee in the performance of his duties or the discharge of his 
responsibilities shall be introduced (by request) in the House by the 
Speaker of the House, for himself and the minority leader of the House 
in the form of a resolution. This resolution shall constitute a 
question of privilege under rule IX of the Rules of the House of 
Representatives. Any Member favoring the resolution may call it up as a 
question of privilege but only on the third day after the calendar date 
upon which such Member announces to the House his intention to do so.

SEC. 10. EFFECTIVE DATE.

    This Act shall take effect upon the date of its enactment, except 
that sections 3, 4, and 8 shall not take effect immediately prior to 
noon January 3, 2009.

SOLUTION: Independent Ethics Commission Act of 2007 - Establishes within the House of Representatives an Independent Ethics Commission composed only of former federal judges.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mothers' and Infants' Good Health 
Act of 1995''.

SEC. 2. REQUIRED COVERAGE FOR CHILD BIRTH.

    (a) In General.--A health plan that provides maternity benefits 
that include benefits for child birth shall ensure that--
            (1) in the case of delivery in a hospital or other 
        inpatient setting, coverage is provided for a minimum of 48 
        hours of inpatient care following a vaginal delivery and a 
        minimum of 96 hours of inpatient care following a caesarean 
        section for a mother and her newly born child in a health care 
        facility; and
            (2) in the case of delivery in the home or other outpatient 
        setting, coverage for appropriate home health care in the 
        setting is provided for a minimum of 48 hours following 
        delivery.
    (b) Terms of Coverage.--A health plan fails to provide coverage 
required under subsection (a) if the plan imposes cost-sharing with 
respect to care described in such subsection which varies depending on 
the length of stay within the minimum period required under such 
subsection.
    (c) Prohibition.--In implementing the requirements of this section, 
a health plan may not modify the terms and conditions of coverage based 
on the determination by an enrollee to request less than the minimum 
coverage required under subsection (a).
    (d) Notice.--A health plan shall provide notice to each enrollee 
under such plan regarding the coverage required by this section in 
accordance with regulations promulgated by the Secretary of Health and 
Human Services, in consultation with the National Association of 
Insurance Commissioners. Such notice shall be in writing and 
prominently positioned in any literature or correspondence made 
available or distributed by the health plan and shall be transmitted--
            (1) in the next mailing of general information made by the 
        plan to the enrollee,
            (2) as part of the yearly informational packet sent to the 
        enrollee, or
            (3) not later than January 1, 1996,
whichever is earliest.
    (e) Enforcement.--
            (1) Failure to provide coverage.--Any health plan that 
        violates the provisions of this section (other than subsection 
        (d)) shall be subject to a civil money penalty in an amount 
        determined by the Secretary of Health and Human Services.
            (2) Failure to provide notice.--Any health plan that 
        violates the provisions of subsection (d) shall be subject to a 
        civil money penalty in an amount determined by the Secretary of 
        Health and Human Services.
            (3) Process.--The provisions of section 1128A of the Social 
        Security Act (other than subsections (a) and (b)) shall apply 
        to civil money penalties under this subsection in the same 
        manner as they apply to a penalty or proceeding under section 
        1128A(a) of such Act.
    (f) Health Plan.--
            (1) In general.--As used in this section, the term ``health 
        plan'' means any plan or arrangement which provides, or pays 
        the cost of, health benefits.
            (2) Exclusions.--Such term does not include the following, 
        or any combination thereof:
                    (A) Coverage only for accidental death or 
                dismemberment.
                    (B) Coverage providing wages or payments in lieu of 
                wages for any period during which the employee is 
                absent from work on account of sickness or injury.
                    (C) A medicare supplemental policy (as defined in 
                section 1882(g)(1) of the Social Security Act).
                    (D) Coverage issued as a supplement to liability 
                insurance.
                    (E) Worker's compensation or similar insurance.
                    (F) Automobile medical-payment insurance.
                    (G) A long-term care policy, including a nursing 
                home fixed indemnity policy (unless the Secretary 
                determines that such a policy provides sufficiently 
                comprehensive coverage of a benefit so that it should 
                be treated as a health plan).
                    (H) Such other plan or arrangement as the Secretary 
                of Health and Human Services determines is not a health 
                plan.
            (3) Certain plans included.--Such term includes any plan or 
        arrangement not described in any subparagraph of paragraph (2) 
        which provides for benefit payments, on a periodic basis, for--
                    (A) a specified disease or illness, or
                    (B) period of hospitalization,
        without regard to the costs incurred or services rendered 
        during the period to which the payments relate.

SEC. 3. EFFECTIVE DATE.

    The provisions of section 2 shall apply to all health plans 
offered, sold, issued, or renewed after the date of the enactment of 
this Act.

SOLUTION: Mothers' and Infants' Good Health Act of 1995 - Requires a health plan that provides maternity benefits that include benefits for child birth to provide coverage for a minimum amount of time following delivery in:  (1) a health care facility; and (2) the home or other outpatient setting.  Prohibits a health plan from modifying the terms and conditions of coverage, if an enrollee requests less than the minimum coverage required in this Act. 
Requires a health plan to provide notice, as specified, to each enrollee regarding the coverage required in this Act. 
Establishes civil penalties for failure to provide coverage and failure to provide notice.

PROBLEM: SECTION 1. CRITICAL ELECTRIC INFRASTRUCTURE.

    (a) Findings.--
            (1) The critical electric infrastructure of the United 
        States and Canada has more than $1 trillion in asset value, 
        more than 200,000 miles of transmission lines, and more than 
        800,000 megawatts of generating capability, serving over 300 
        million people.
            (2) The effective functioning of this infrastructure is 
        highly dependent on computer-based control systems that are 
        used to monitor and manage sensitive processes and physical 
        functions.
            (3) These control systems are becoming increasingly 
        connected to open networks, such as corporate intranets and the 
        Internet. According to the Department of Homeland Security's 
        United States Computer Emergency Readiness Team (``US-CERT''), 
        this transition towards widely used technologies and open 
        connectivity exposes control systems to the ever-present cyber 
        risks that exist in the information technology world in 
        addition to control system specific risks.
            (4) Malicious actors pose a significant risk to this 
        infrastructure. The Federal Bureau of Investigation (``FBI'') 
        has identified multiple sources of threats, including foreign 
        nation states, domestic criminals and hackers, and disgruntled 
        employees.
            (5) Intentional or naturally occurring Electromagnetic 
        Pulse (``EMP'') events also threaten critical electric 
        infrastructure. The Commission to Assess the Threat to the 
        United States from EMP Attack reported in 2008 that an EMP 
        attack could cause significant damage or disruption to critical 
        electric infrastructure and other critical infrastructure due 
        to the widespread use of Supervisory Control and Data 
        Acquisition (``SCADA'') systems. The National Academy of 
        Sciences also reported in 2008 that Severe Space Weather Events 
        could produce similar results.
            (6) The Department of Homeland Security's Control Systems 
        Security Program is designed to increase the reliability, 
        security, and resilience of control systems to guard against 
        and enhance domestic preparedness for and collective response 
        to a cyber attack by a terrorist or other person. This is done 
        by developing voluntary cyber risk reduction products, 
        supporting the Department of Homeland Security's Industrial 
        Control Systems Computer Emergency Response Team (``ICS-CERT'') 
        in developing vulnerability mitigation recommendations and 
        strategies, and coordinating and leveraging activities for 
        improving the Nation's critical infrastructure security 
        posture.
            (7) According to recent news reports, the electronic 
        control systems of the electrical system in the United States 
        have been routinely penetrated and compromised. According to 
        current and former national security officials, cyber spies 
        from China, Russia, and other countries have penetrated the 
        United States electrical system in order to map the system, and 
        have left behind software programs that could be used to 
        disrupt and disable the system.
            (8) In the interest of national security, and to enhance 
        domestic preparedness for and collective response to a cyber 
        attack by a terrorist or other person, a statutory mechanism is 
        necessary to protect the critical electric infrastructure 
        against cyber threats.
            (9) In spite of existing mandatory cybersecurity standards, 
        a report from the North American Electric Reliability 
        Corporation (``NERC'') suggests that many utilities are 
        underreporting their assets, potentially to avoid compliance 
        requirements. In April 2009, NERC reported that only 23 percent 
        of responding utilities identified a ``Critical Cyber Asset'' 
        as required by NERC Reliability Standard 002-1. According to 
        NERC, the results of this survey suggest that utilities may not 
        have identified certain qualifying assets as ``Critical''. NERC 
        requested that entities take a fresh, comprehensive look at 
        their methodology in order to identify and secure more Critical 
        Cyber Assets.
            (10) On May 21, 2008, in testimony before the House 
        Committee on Homeland Security, Joseph Kelliher, then-Chairman 
        of the Federal Energy Regulatory Commission (``the 
        Commission''), stated that his agency is in need of additional 
        legal authorities to adequately protect the electric power 
        system against cyber attack.
    (b) Research on Cyber Compromise of Critical Electric 
Infrastructure.--(1) Pursuant to section 201 of the Homeland Security 
Act of 2002 (6 U.S.C. 121) and in furtherance of domestic preparedness 
for and collective response to a cyber attack by a terrorist or other 
person, the Secretary of Homeland Security, working with other national 
security and intelligence agencies, shall conduct research and 
determine if the security of federally owned programmable electronic 
devices and communication networks (including hardware, software, and 
data) essential to the reliable operation of critical electric 
infrastructure have been compromised.
    (2) The scope of the research referred to in paragraph (1) shall 
include: the extent of compromise, identification of attackers, the 
method of penetration, ramifications of the compromise on future 
operations of critical electric infrastructure, secondary ramifications 
of the compromise on other critical infrastructure sectors and the 
functioning of civil society, ramifications of compromise on national 
security, including war fighting capability, and recommended mitigation 
activities.
    (3) The Secretary of Homeland Security shall report the findings to 
the appropriate committees of Congress, including the Committee on 
Homeland Security of the House of Representatives and the Homeland 
Security and Governmental Affairs Committee of the Senate. The report 
may contain a classified annex.
    (c) Federal Power Act Amendment.--Part II of the Federal Power Act 
(16 U.S.C. 791a and following) is amended by adding the following new 
sections at the end thereof:

``SEC. 224 CRITICAL INFRASTRUCTURE.

    ``(a) Definitions.--For purposes of this section:
            ``(1) Critical electric infrastructure.--The term `critical 
        electric infrastructure' means systems and assets, whether 
        physical or cyber used for the generation, transmission, 
        distribution, or metering of electric energy that, in the 
        determination of the Commission, in consultation with the 
        Secretary of Homeland Security and other national security 
        agencies, are so vital to the United States that the incapacity 
        or destruction of such systems and assets, either alone or in 
        combination with the failure of other assets, would cause 
        significant harm to the security, national or regional economic 
        security, or national or regional public health or safety.
            ``(2) Critical electric infrastructure information.--The 
        term `critical electric infrastructure information' means 
        critical infrastructure information related to critical 
        electric infrastructure.
            ``(3) Critical infrastructure information.--The term 
        `critical infrastructure information' has the same meaning as 
        is given that term in section 212(3) of the Critical 
        Infrastructure Information Act of 2002 (6 U.S.C. 131(3)).
            ``(4) Cyber threat.--The term `cyber threat' means any act 
        by a terrorist or other person that disrupts, attempts to 
        disrupt, or poses a significant risk of disruption to the 
        operation of programmable electronic devices and communication 
        networks (including hardware, software, and data) essential to 
        the reliable operation of critical electric infrastructure.
            ``(5) Cyber vulnerability.--The term `cyber vulnerability' 
        means any weakness that, if exploited by a terrorist or other 
        person, poses a significant risk of disruption to the operation 
        of programmable electronic devices and communication networks 
        (including hardware, software, and data) essential to the 
        reliable operation of critical electric infrastructure.
    ``(b) Assessment, Report, and Determination.--
            ``(1) In general.--Pursuant to section 201 of the Homeland 
        Security Act of 2002 (6 U.S.C. 121), the Secretary of Homeland 
        Security shall assess cyber vulnerabilities or threats to 
        critical infrastructure, including critical electric 
        infrastructure and advanced metering infrastructure, on an 
        ongoing basis and produce reports, including recommendations, 
        on a periodic basis for the purposes of homeland security, 
        including the enhancement of domestic preparedness for and 
        collective response to a cyber attack by a terrorist, nation-
        state, or other person, and for other purposes.
            ``(2) Elements of the report.--The Secretary shall--
                    ``(A) include in the reports under this section 
                findings regarding a cyber vulnerability or terrorist 
                threat or potential terrorist threat, and a nation-
                state threat or potential threat to critical electric 
                infrastructure; and
                    ``(B) provide recommendations regarding actions 
                that may be performed to enhance individualized and 
                collective domestic preparedness and response to the 
                cyber vulnerability or terrorist or nation-state.
            ``(3) Transmittal of report.--The Secretary of Homeland 
        Security shall transmit reports prepared in response to the 
        cyber vulnerability or threat to the Commission and the 
        appropriate committees of Congress, including the Committee on 
        Homeland Security of the House of Representatives and the 
        Homeland Security and Governmental Affairs Committee of the 
        Senate, of the Secretary's determinations under this section. 
        Each such report may contain a classified annex.
            ``(4) Timely determination.--If, in carrying out the 
        assessment required under paragraph (1), the Secretary of 
        Homeland Security determines that a significant cyber 
        vulnerability or threat to critical electric infrastructure has 
        been identified, the Secretary of Homeland Security shall 
        communicate such a determination to the Commission in a timely 
        manner. The Secretary of Homeland Security may incorporate 
        intelligence or information received from other national 
        security or intelligence agencies in making such determination.
    ``(c) Commission Authority.--
            ``(1) Issuance of rules or orders.--Following receipt of a 
        finding under subsection (b), the Commission shall issue (and 
        from time to time thereafter amend) such rules or orders as are 
        necessary to protect critical electric infrastructure against 
        vulnerabilities or threats.
            ``(2) Emergency procedures.--The Commission may issue, in 
        consultation with the Secretary of Homeland Security, a rule or 
        order under this section without prior notice or hearing if it 
        determines the rule or order must be issued immediately to 
        protect critical electric infrastructure from an imminent 
        threat or vulnerability.
    ``(d) Duration of Emergency Rules or Orders.--Any rule or order 
issued by the Commission without prior notice or hearing under 
subsection (c)(2) shall remain effective for not more than 90 days 
unless, during such 90 days, the Commission gives interested persons an 
opportunity to submit written data, views, or arguments (with or 
without opportunity for oral presentation) and affirms, amends, or 
repeals the rule or order.
    ``(e) Jurisdiction.--Notwithstanding section 201, the provisions of 
this section shall apply to any entity that owns, controls, or operates 
critical electric infrastructure, and such entities shall be subject to 
the jurisdiction of the Commission for purposes of carrying out this 
section and for purposes of applying the enforcement authorities of 
this Act with respect to such provisions, but shall not make an 
electric utility or any other entity subject to the jurisdiction of the 
Commission for any other purposes.
    ``(f) Protection of Critical Electric Infrastructure Information.--
The provisions of section 214 of the Homeland Security Act of 2002 (6 
U.S.C. 133) shall apply to critical electric infrastructure information 
submitted to the Commission under this section to the same extent that 
they apply to critical infrastructure information voluntarily submitted 
to the Department of Homeland Security under that Act (6 U.S.C. 101 and 
following).

``SEC. 224B. PROTECTION AGAINST KNOWN CYBER VULNERABILITIES OR THREATS 
              TO THE CRITICAL ELECTRIC INFRASTRUCTURE.

    ``(a) Interim Measures.--After notice and opportunity for comment, 
the Commission shall establish, in consultation with the Secretary of 
Homeland Security, by rule or order, within 120 days of enactment of 
this section, such mandatory interim measures as are necessary to 
protect against known cyber vulnerabilities or threats to the reliable 
operation of the critical electric infrastructure in the United States. 
Such interim reliability measures:
            ``(1) shall serve to supplement, replace, or modify 
        cybersecurity reliability standards that, as of the date of 
        enactment of this section, were in effect pursuant to section 
        215, but that are determined by the Commission, in consultation 
        with the Secretary of Homeland Security and other national 
        security agencies, to be inadequate to address known cyber 
        vulnerabilities or threats; and
            ``(2) may be replaced by new cybersecurity reliability 
        standards that are developed and approved pursuant to section 
        215 following the date of enactment of this section.
    ``(b) Plans.--The rule or order issued under this subsection may 
require any owner, user or operator of critical electric infrastructure 
in the United States to develop a plan to address cyber vulnerabilities 
or threats identified by the Commission and to submit such plan to the 
Commission for approval.''.

SEC. 2. EVALUATION OF EXISTING AUTHORITIES.

    Section 214 of title II, subtitle B of the Homeland Security Act of 
2002 (6 U.S.C. 133(i)) is amended by adding at the end the following:
    ``(i) Review of Authorities To Protect Critical Infrastructure.--
The Secretary of Homeland Security shall evaluate the capacity and 
authority of the Department of Homeland Security and other Federal 
agencies to ensure the security and resilience of electronic devices 
and communication networks essential to each of the critical 
infrastructure sectors identified pursuant to Homeland Security 
Presidential Directive 7 against a cyber attack by a terrorist, nation-
state, or other person, for the purpose of enhancing domestic 
preparedness for, and collective response to, a cyber attack by a 
terrorist, nation-state, or other person and to enhance the Nation's 
homeland security posture.''.

SOLUTION:
Directs the Secretary of Homeland Security, working with other national security and intelligence agencies, to conduct research and determine if the security of federally owned programmable electronic devices and communication networks (including hardware, software, and data) essential to the operation of critical electric infrastructure has been compromised.

Amends the Federal Power Act to direct the Secretary to make ongoing assessments and provide periodic reports with respect to: (1) cyber vulnerabilities or threats to critical infrastructure, including critical electric infrastructure and advanced metering infrastructure; and (2) the enhancement of domestic preparedness for a cyber attack.

Directs the Federal Energy Regulatory Commission (FERC) to establish mandatory interim measures to protect against known cyber vulnerabilities or threats to the operation of the critical electric infrastructure in the United States.

Amends the the Homeland Security Act of 2002 to direct the Secretary to evaluate the capacity and authority of the Department of Homeland Security (DHS) and other federal agencies to ensure the security against a cyber attack and resilience of electronic devices and communication networks essential to the critical infrastructure sectors.