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[Q]: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

This Act may be cited as the ''Wildland Firefighters Health
Protection Act''.

SEC. 2. DEFINITIONS.

For the purposes of this Act--
(1) the term ''wildland firefighter'' means an employee of
a Federal land management agency, the duties of whose position
are primarily to perform work directly related to the
prevention, control, suppression, and management of wildfires,
including--
(A) an employee of a Federal land management agency
who is assigned to support wildland fire suppression
activities; and
(B) an employee who is transferred to a supervisory
or administrative position from a position of wildland
firefighter (as defined by the preceding provisions of
this paragraph);
(2) the term ''Federal land management agency'' means--
(A) within the Department of the Interior, the
Bureau of Land Management, the Bureau of Indian
Affairs, the National Park Service, and the Fish and
Wildlife Service; and
(B) within the Department of Agriculture, the
Forest Service; and
(3) the term ''employee'' has the meaning given such term
by section 2105 of title 5, United States Code.

SEC. 3. CLASSIFICATION OF WILDLAND FIREFIGHTERS.

(a) Requirements.--
(1) In general.--Within 30 days after the date of the
enactment of this Act, the Office of Personnel Management, in
cooperation with the Federal land management agencies, shall
commence development of a separate and distinct wildland
firefighter occupational series that will more accurately
reflect the variety of duties performed by wildland
firefighters.
(2) Designation.--The official title assigned to any
occupational series established pursuant to paragraph (1) shall
include the designation of ''Wildland Firefighter''.
(3) Positions described.--Paragraph (1) applies with
respect to any class or other category of positions that
consists primarily or exclusively of forestry technician
positions, range technician positions, or any other positions
the duties and responsibilities of which include--
(A) significant wildfire preparedness and
suppression activities; or
(B) activities necessary to meet any other
emergency incident to which assigned.
(4) Consultation.--Congress encourages the Office of
Personnel Management to consult with recognized employee
organizations, employee associations, and any other groups that
represent Federal wildland firefighters in carrying out this
subsection.
(b) Hazardous Duty Differential Not Affected.--Section 5545(d)(1)
of title 5, United States Code, is amended by striking all after
''except'' and inserting an em dash and the following:
''(A) an employee in an occupational series
covering positions for which the primary duties are
wildland firefighting, as determined by the Office; and
''(B) in such other circumstances as the Office may
by regulation prescribe; and''.
(c) Employees Currently in 401 Series.--Any individual who, as of
the date of the enactment of this Act, holds a position of wildland
firefighter shall have the option of either remaining in the 401 series
(as in effect on such date under chapter 51 of title 5, United States
Code) or being included in the new wildland firefighter series, as
established pursuant to subsection (a).

SEC. 4. PAY AND BENEFITS.

(a) In General.--In the case of a wildland firefighter, for full-
time, part-time, and intermittent tours of duty, hours of work
officially ordered or approved in excess of 40 hours per week or 8
hours per day shall be considered overtime work, inclusive of all time
the firefighter is away from their official duty station assigned to an
emergency incident, in support of an emergency incident, or pre-
positioned for emergency response, and shall be compensable as work
time in accordance with section 5542(a) of title 5, United States Code,
as amended by subsection (b)(1).
(b) Requirements.--
(1) Amendment to title 5.--Section 5542(a) of title 5,
United States Code, is amended by adding at the end (as a flush
left sentence) the following:
''Notwithstanding paragraphs (1) and (2), for a wildland firefighter
assigned to an emergency incident, assigned in support of an emergency
incident, or pre-positioned for emergency response, the overtime hourly
rate of pay is an amount equal to one and one-half times the hourly
rate of the basic pay of the employee, and that entire amount is
premium pay.''.
(2) Fair labor standards act of 1938.--For the purpose of
applying the provisions of the Fair Labor Standards Act of 1938
(29 U.S.C. 201, et seq.) with respect to wildland firefighters,
no violation referred to in such provisions shall be considered
to have occurred if the requirements described in paragraph (1)
are met.
(c) Portal-to-Portal Compensation Pilot Program.--
(1) Funding.--There is authorized to be appropriated
$25,000,000 to initiate a portal-to-portal pilot program under
this subsection, commencing with the 2013 wildfire season. Any
sums required in addition to amounts appropriated pursuant to
the preceding sentence may be secured from the existing
wildfire suppression budget for the fiscal year in which the
season occurs.
(2) Duration.--The pilot program shall be carried out by
the Department of the Interior and the Department of
Agriculture for a period not to exceed 3 calendar years
beginning as of the start of the 2013 wildfire season.
(3) Report.--No later than 90 days after the completion of
the pilot program, the Secretary of the Interior and the
Secretary of Agriculture shall submit to Congress a joint
report on the effectiveness of the pilot program. Such report
shall address the effect of the program with respect to--
(A) recruitment and retention of wildland
firefighters; and
(B) any cost savings.
(4) Additional requirements.--To ensure adequate funding
and to realize maximum wildfire suppression savings, the
Secretary of the Interior and the Secretary of Agriculture
shall take appropriate measures to ensure that total funding
for non-Federal fire suppression personnel and other resources,
by their respective Departments--
(A) for the first year of the pilot program, do not
exceed 90 percent of their combined non-Federal fire
suppression costs for the 2011 and 2012 wildfire
seasons;
(B) for the second year of the pilot program, do
not exceed 75 percent of their combined non-Federal
fire suppression costs for the 2011 and 2012 wildfire
seasons; and
(C) for the third year of the pilot program, do not
exceed 65 percent of their combined non-Federal fire
suppression costs for the 2011 and 2012 wildfire
seasons.
(d) Hazardous Duty Differential To Be Treated as Part of a Wildland
Firefighter's Base Pay for Retirement Purposes.--
(1) In general.--Section 8331(3) of title 5, United States
Code is amended--
(A) in subparagraph (G), by striking ''and'' at the
end;
(B) in subparagraph (H), by inserting ''and'' at
the end; and
(C) by adding after subparagraph (H) the following:
''(I) with respect to a wildland firefighter (as
defined by section 2 of the Wildland Firefighters
Health Protection Act), any pay differential received
under section 5545(d);''.
(2) Conforming amendment.--Such section 8331(3) is further
amended, in the matter following subparagraph (I) (as added by
paragraph (1)(C)), by striking ''subparagraphs (B) through (H)
of this paragraph'' and inserting ''subparagraphs (B) through
(I),''.
(e) Hazardous Duty Differential.--
(1) In general.--In the administration of section 5545(d)
of title 5, United States Code, the Office of Personnel
Management shall take such measures as may be necessary to
ensure that, under the schedule or schedules of pay
differentials for duty involving unusual physical hardship or
hazard, a pay differential of 25 percent shall be payable to an
individual while serving as a member of a wildland firefighting
crew.
(2) Definition.--For purposes of this subsection, the term
''wildland firefighting crew'' includes ground (hand crew,
hotshot, engine, and other fire apparatus personnel) and
airborne (smoke jumper or helitack) firefighting personnel on
the fire line of any wildfire or prescribed fuel treatment burn
or fire, as further defined in regulations of the Office of
Personnel Management.
(f) Benefits for Seasonal Wildland Firefighters.--
(1) Provisions relating to life insurance.--Section 8716(b)
of title 5, United States Code, is amended--
(A) in paragraph (2), by striking ''or'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ''; or''; and
(C) by adding after paragraph (3) the following:
''(4) a wildland firefighter within the meaning of section
2 of the Wildland Firefighters Health Protection Act.''.
(2) Provisions relating to health benefits.--Section
8913(b) of title 5, United States Code, is amended--
(A) in paragraph (3), by striking ''or'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ''; or''; and
(C) by adding after paragraph (4) the following:
''(5) a wildland firefighter within the meaning of section
2 of the Wildland Firefighters Health Protection Act.''.
(g) Buy Back of Civilian Time After 1989.--
(1) In general.--Any individual who is subject to the
Federal Employees' Retirement System as a firefighter (within
the meaning of section 8401 of title 5, United States Code) on
the date of the enactment of this Act shall be entitled to have
any qualifying firefighter service treated as creditable
service under section 8411 of such title.
(2) Qualifying firefighter service.--For purposes of this
subsection, the term ''qualifying firefighter service'' means,
in connection with an individual, any service--
(A) which was performed by such individual, as a
wildland firefighter, after 1989 and before the date of
the enactment of this Act; and
(B) for which such individual was not allowed to
receive retirement credit by reason of section 8347(g)
or 8402(c) of such title 5.
(3) Deposit requirement.--Credit for a period of service
may not be given under this subsection unless the individual
involved makes a deposit, in such manner as the Office of
Personnel Management may by regulation require, equal to the
employee contributions that would have been required (in the
case of a firefighter) for such period under section 8334(c) or
8422(a) of such title 5, with interest.
(4) Certification.--The Office of Personnel Management
shall accept the certification of the Secretary of the Interior
or the Secretary of Agriculture, as the case may be, concerning
whether an individual performed qualifying firefighter service
and the length of the period of such service the individual
performed.
[A]: Wildland Firefighters Health Protection Act - Defines "wildland firefighter" as an employee of a federal land management agency who performs work directly related to the prevention, control, suppression, and management of wildfires, including an employee who is assigned to support wildland fire suppression activities and an employee who is transferred to a supervisory or administrative position.

Directs the Office of Personnel Management (OPM), in cooperation with such agencies, to commence development of a separate wildland firefighter occupational series that will more accurately reflect the variety of duties performed.

Requires a wildland firefighter's hours of work officially ordered or approved in excess of 40 hours per week or 8 hours per day to be considered overtime work. Makes time the firefighter is away from his or her official duty station assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response compensable as work time. Includes hazardous duty differentials as basic pay for retirement purposes.

Prohibits OPM from excluding wildland firefighters from federal employees' group life insurance (FEGLI) and from federal health care benefits.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Oceans Act of 1998''.

SEC. 2. DEFINITIONS.

As used in this Act:
(1) Commission.--The term ''Commission'' means the
Commission on Ocean Policy established under section 4.
(2) Coastal state.--The term ''coastal State'' means a
State in, or bordering on, the Atlantic, Pacific, or Arctic
Ocean, the Gulf of Mexico, Long Island Sound, or one or more of
the Great Lakes.
(3) Marine environment.--The term ''marine environment''
includes--
(A) the oceans, including coastal and offshore
waters and nearshore saltwater estuaries;
(B) the continental shelf; and
(C) the Great Lakes.
(4) Ocean and coastal activities.--The term ''ocean and
coastal activities'' includes activities consisting of,
affecting, or otherwise related to oceanography, fisheries, or
the management or use of any ocean and coastal resource. The
term does not include military operations and training.
(5) Ocean and coastal resource.--The term ''ocean and
coastal resource'' means any living or nonliving natural,
historic, or cultural resource or mineral found in the marine
environment.
(6) State.--The term ''State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.

SEC. 3. EXECUTIVE RESPONSIBILITIES.

(a) National Ocean and Coastal Policy.--The Congress and the
President, after receiving and considering the report of the Commission
under section 4, shall develop and propose a coordinated,
comprehensive, and long-range national policy for the responsible use
and stewardship of ocean and coastal resources for the benefit of the
United States, including a plan to meet the resource monitoring and
assessment facilities and equipment requirements of Federal ocean and
coastal programs.
(b) Biennial Report.--Beginning in January 1999, the President
shall transmit to the Congress biennially a report that shall include a
detailed listing of all existing Federal programs relating to ocean and
coastal activities, including a description of each program, the
current funding for the program, and a projection of the funding level
for the program for each of the following 5 fiscal years.
(c) Budget Coordination.--Each agency or department involved in
ocean and coastal activities shall include with its annual request for
appropriations a report that identifies significant elements of the
proposed agency or department budget relating to ocean and coastal
activities.
(d) Cooperation and Consultation.--In carrying out responsibilities
under this Act, the President--
(1) may use such staff, interagency, and advisory
arrangements as the President finds necessary and appropriate;
and
(2) shall consult with State and local governments and non-
Federal organizations and individuals involved in ocean and
coastal activities.

SEC. 4. COMMISSION ON OCEAN POLICY.

(a) Establishment.--
(1) In general.--There is hereby established the Commission
on Ocean Policy.
(2) Membership.--(A) The Commission shall be composed of 16
members appointed by the President from among individuals who
are knowledgeable in ocean and coastal activities, including
individuals representing State and local governments, ocean-
related industries, academic and technical institutions, and
public interest organizations involved with scientific,
regulatory, economic, and environmental ocean and coastal
activities. The membership of the Commission shall be balanced
geographically to the extent consistent with maintaining the
highest level of expertise on the Commission.
(B) Of the members of the Commission appointed under this
paragraph--
(i) 4 shall be appointed from a list of 8
individuals who shall be recommended by the majority
leader of the Senate in consultation with the Chairman
of the Senate Committee on Commerce, Science, and
Transportation;
(ii) 4 shall be appointed from a list of 8
individuals who shall be recommended by the Speaker of
the House of Representatives in consultation with the
Chairmen of the Committee on Resources, Transportation
and Infrastructure, and Science;
(iii) 2 shall be appointed from a list of 4
individuals who shall be recommended by the minority
leader of the Senate in consultation with the ranking
member of the Senate Committee on Commerce, Science,
and Transportation; and
(iv) 2 shall be appointed from a list of 4
individuals who shall be recommended by the by the
minority leader of the House of Representatives in
consultation with the ranking members of the Committees
on Resources, Transportation and Infrastructure, and
Science.
(C) The members of the Commission shall be appointed for
the life of the Commission by not later than 90 days after the
date of the enactment of this Act.
(3) First meeting.--The Commission shall hold its first
meeting within 30 days after it is established.
(4) Chairman.--The Commission shall elect one of its
members as Chair.
(b) Report.--
(1) In general.--The Commission shall submit to the
Congress and the President, by not later than 18 months after
the date of the establishment of the Commission, a final report
of its findings and recommendations regarding United States
ocean policy.
(2) Public and state review.--Before submitting the final
report to the Congress, the Commission shall--
(A) publish in the Federal Register a notice that
the draft report is available for public review; and
(B) provide a copy of the draft report to the
Governor of each coastal State, the Committees on
Resources, Transportation and Infrastructure, and
Science of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of
the Senate.
(3) Final report contents, generally.--Subject to paragraph
(4), the final report of the Commission shall include
recommendations for the responsible use and stewardship of
ocean and coastal resources, including the following:
(A) Recommendations for any modifications to United
States laws and regulations, and the administrative
structure of the Executive agencies, that are necessary
to improve the understanding, management, and
conservation and use of, and access to, ocean and
coastal resources.
(B) An assessment of the condition and adequacy of
existing and planned facilities associated with ocean
and coastal activities, including human resources,
vessels, computers, satellites, and other appropriate
platforms and technologies, and recommendations for
investments and improvements in those facilities.
(C) A review of existing and planned ocean and
coastal activities of Federal entities, and
recommendations for changes in such activities
necessary to reduce duplication of Federal efforts.
(D) A review of the cumulative effect of Federal
laws and regulations on United States ocean policy, an
examination of those laws and regulations for
inconsistencies and contradictions that might adversely
affect the conduct of ocean and coastal activities, and
recommendations for resolving any such inconsistencies.
In particular, this portion of the report shall include
an examination of the relationship between the
fisheries development and fisheries conservation
responsibilities of the National Marine Fisheries
Service.
(E) A review of the known and anticipated supply of
and demand for ocean and coastal resources of the
United States.
(F) A review of the relationship between Federal,
State, and local governments and the private sector in
planning and carrying out ocean and coastal activities,
and recommendations for enhancing the role of State and
local governments.
(G) A review of opportunities for the development
of or investment in new products, technologies, or
markets related to ocean and coastal activities.
(H) A review of previous and ongoing State efforts
and Federal efforts to enhance the effectiveness and
integration of ocean activities, including those
occurring offshore and in nearshore saltwater
estuaries.
(4) State comments.--The Commission shall include in the
final report comments received from the Governor of any coastal
State regarding recommendations in the draft report that apply
to areas within the boundaries of that coastal State.
(5) Consideration of factors.--In making its assessments
and reviews and developing its recommendations, the Commission
shall give full and balanced consideration to environmental,
technical, economic, and other relevant factors, with an equal
opportunity for all parties to present a fair and reasonable
case for unbiased consideration by the Commission. All
recommendations should consider effects on private property. To
the greatest extent possible, no recommendations shall have a
negative impact on local economies that are dependent on ocean
and coastal resources. Any data used by the Commission in
making its recommendations for regulations shall be peer
reviewed.
(6) Limitation on recommendations.--The Commission shall
not make any specific recommendations with respect to lands and
waters within the boundary of any State located north of 51
degrees North latitude, or with respect to lands and waters
within the State of Idaho.
(c) Duties of the Chair.--In carrying out the provisions of this
section, the Chair of the Commission shall be responsible for--
(1) the assignment of duties and responsibilities among
staff personnel and their continuing supervision; and
(2) the use and expenditures of funds available to the
Commission.
(d) Compensation.--Members of the Commission shall, subject to the
availability of appropriations, when engaged in the actual performance
of duties of the Commission, receive reimbursement of travel expenses,
including per diem in lieu of subsistence as authorized for persons
employed intermittently in the Government service under section 3109 of
title 5, United States Code.
(e) Staff.--
(1) Executive director.--The Chair of the Commission may,
with the consent of the Commission and without regard to the
civil service laws and regulations, appoint and terminate an
executive director who is knowledgeable in administrative
management and ocean and coastal policy and such other
additional personnel as may be necessary to enable the
Commission to perform its duties.
(2) Compensation.--The executive director shall, subject to
the availability of appropriations, be compensated at a rate
not to exceed the rate payable for Level V of the Executive
Schedule under section 5316 of title 5, United States Code. The
Chairman may fix the compensation of other personnel without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for such personnel may not exceed
the rate payable for GS-15, step 7, of the General Schedule
under section 5332 of such title.
(3) Detailees.--Upon a request of the Chair of the
Commission made after consulting with the head of any Federal
agencies responsible for managing ocean and coastal resources,
the head of any such Federal agency may detail appropriate
personnel of the agency to the Commission to assist the
Commission in carrying out its functions under this Act.
Federal Government employees detailed to the Commission shall
serve without reimbursement from the Commission, and shall
retain the rights, status, and privileges of his or her regular
employment without interruption.
(4) Experts and consultants.--To the extent that funds are
available, and subject to such rules as may be prescribed by
the Commission, the executive director of the Commission may
procure the temporary and intermittent services of experts and
consultants in accordance with section 3109 of title 5, United
States Code, but at rates not to exceed the daily rate payable
for GS-15, step 7, of the General Schedule under section 5332
of title 5, United States Code.
(f) Administration.--
(1) Meetings.--All meetings of the Commission shall be open
to the public, except that a meeting or any portion of it may
be closed to the public if it concerns matters or information
described in section 552b(c) of title 5, United States Code.
Interested persons shall be permitted to appear at open
meetings and present written statements or oral statements at
the discretion of the Commission on the subject matter of the
meeting. The Commission may administer oaths or affirmations to
any person appearing before it.
(2) Notice of meetings.--All open meetings of the
Commission shall be preceded by timely public notice, including
notice in the Federal Register, of the time, place, and subject
of the meeting.
(3) Minutes and other records.--(A) Minutes of each meeting
shall be kept and shall contain a record of the people present,
a description of the discussion that occurred, and copies of
all statements filed. Subject to restrictions set forth in
section 552 of title 5, United States Code, the minutes and
records of all meetings and other documents that were made
available to or prepared for the Commission shall be available
for public inspection and copying at a single location in the
offices of the Commission.
(B) The Commission shall have at least one meeting in each
of the following 6 geographic regions of the United States:
(i) The Northeast.
(ii) The Southeast.
(iii) The Southwest.
(iv) The Northwest.
(v) The Great Lakes States.
(vi) The Gulf of Mexico States.
(g) Cooperation With Other Federal Entities.--
(1) Other federal agencies and departments.--The Commission
may secure directly from any Federal agency or department any
information it considers necessary to carry out its functions
under this Act. Each such agency or department may cooperate
with the Commission and, to the extent permitted by law,
furnish such information to the Commission, upon the request of
the Chair of the Commission.
(2) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as departments
and agencies of the United States.
(3) Acquisitions.--The Commission may enter into contracts
with Federal and State agencies, private firms, institutions,
and individuals to assist the Commission in carrying out its
duties. The Commission may purchase and contract without regard
to section 18 of the Office of Federal Procurement Policy Act
(41 U.S.C. 416) and section 8 of the Small Business Act (15
U.S.C. 637), pertaining to competition and publication
requirements, and may arrange for printing without regard to
the provisions of title 44, United States Code. The contracting
authority of the Commission under this Act is effective only to
the extent that appropriations are available for contracting
purposes.
(h) Termination.--The Commission shall cease to exist 30 days after
the date on which it submits its final report.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to support the activities of the Commission $2,000,000 for
fiscal year 1999 and $1,000,000 for fiscal year 2000. Any sums
appropriated may remain available without fiscal year limitation until
the Commission ceases to exist.

Passed the House of Representatives September 15, 1998.

Attest:

Clerk.
[A]: Oceans Act of 1998 - Requires that the Congress and the President, after considering the Commission report under this Act, develop a coordinated, comprehensive, and long-range national policy for the use and stewardship of ocean and coastal resources for the benefit of the United States, including a plan to meet the resource monitoring and assessment facilities and equipment requirements of Federal ocean and coastal programs. Mandates a biennial report by the President to the Congress listing all existing Federal programs relating to ocean and coastal activities. Requires each agency or department involved in ocean and coastal activities to include with its annual appropriations request a report identifying elements of its budget relating to ocean and coastal activities.
Establishes the Commission on Ocean Policy and requires it to report to the Congress and the President regarding U.S. ocean policy. Requires opening the draft report for public comment before submitting the final report. Prohibits Commission recommendations regarding lands and waters within: (1) the boundary of any State north of 51 degrees North latitude; or (2) the State of Idaho. Terminates the Commission after submission of its final report. Authorizes appropriations.

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Protecting Critical Infrastructure
Act''.

SEC. 2. PROTECTION OF INFORMATION.

(a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et
seq.) is amended by adding after section 215 the following new section:

''SEC. 215A. PROTECTION OF INFORMATION.

''(a) Protection of Information.--
''(1) Prohibition of public disclosure of protected
electric security information.--Protected electric security
information--
''(A) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code; and
''(B) shall not be made available by any State,
local, or tribal authority pursuant to any State,
local, or tribal law requiring disclosure of
information or records.
''(2) Information sharing.--
''(A) In general.--The Commission shall promulgate
such regulations and issue such orders as necessary to
designate protected electric security information and
to prohibit the unauthorized disclosure of such
protected electric security information.
''(B) Sharing of protected electric security
information.--The regulations promulgated and orders
issued pursuant to subparagraph (A) shall provide
standards for and authorize the appropriate voluntary
sharing of protected electric security information
with, between, and by Federal, State, local, and tribal
authorities, the Electric Reliability Organization,
regional entities, Information Sharing and Analysis
Centers established pursuant to Presidential Decision
Directive 63, owners, operators, and users of the bulk-
power system in the United States, and other entities
determined appropriate by the Commission. In
promulgating such regulations and issuing such orders,
the Commission shall take account of the role of State
commissions in reviewing the prudence and cost of
investments, determining the rates and terms of
conditions for electric services, and ensuring the
safety and reliability of the bulk-power system and
distribution facilities within their respective
jurisdictions. In promulgating such regulations and
issuing such orders, the Commission may take into
consideration the Controlled Unclassified Information
framework established by the President. The Commission
shall consult, as appropriate, with Canadian and
Mexican authorities to develop protocols for the
voluntary sharing of protected electric security
information with, between, and by appropriate Canadian
and Mexican authorities and owners, operators, and
users of the bulk-power system outside the United
States.
''(3) No required sharing of information.--Nothing in this
section shall require a person or entity in possession of
protected electric security information to share such
information with Federal, State, local, or tribal authorities,
or any other person or entity.
''(4) Submission of information to congress.--Nothing in
this section shall permit or authorize the withholding of
information from Congress, any committee or subcommittee
thereof, or the Comptroller General.
''(5) Disclosure of non-protected information.--In
implementing this section, the Commission shall protect from
disclosure only the minimum amount of information necessary to
protect the security and reliability of the bulk-power system
and distribution facilities. The Commission shall segregate
protected electric security information within documents and
electronic communications, wherever feasible, to facilitate
disclosure of information that is not designated as protected
electric security information.
''(6) Duration of designation.--Information may not be
designated as protected electric security information for
longer than 5 years, unless specifically redesignated by the
Commission.
''(7) Removal of designation.--The Commission shall remove
the designation of protected electric security information, in
whole or in part, from a document or electronic communication
if the Commission determines that the unauthorized disclosure
of such information could no longer be used to impair the
security or reliability of the bulk-power system or
distribution facilities.
''(8) Judicial review of designations.--Notwithstanding
section 313(b), any determination by the Commission concerning
the designation of protected electric security information
under this subsection shall be subject to review under chapter
7 of title 5, except that such review shall be brought in the
district court of the United States in the district in which
the complainant resides, or has his principal place of
business, or in the District of Columbia. In such a case the
court shall examine in camera the contents of documents or
electronic communications that are the subject of the
determination under review to determine whether such documents
or any part thereof were improperly designated or not
designated as protected electric security information.
''(b) Definitions.--For purposes of this section:
''(1) Bulk-power system; electric reliability organization;
regional entity.--The terms 'bulk-power system', 'Electric
Reliability Organization', and 'regional entity' have the
meanings given such terms in section 215.
''(2) Distribution facilities.--The term 'distribution
facilities' means facilities used in the local distribution of
electric energy.
''(3) Electromagnetic pulse.--The term 'electromagnetic
pulse' means one or more pulses of electromagnetic energy
emitted by a device capable of disabling, disrupting, or
destroying electronic equipment by means of such a pulse.
''(4) Grid security threat.--The term 'grid security
threat' means a substantial likelihood of--
''(A)(i) a malicious act using electronic
communication or an electromagnetic pulse that could
disrupt the operation of those electronic devices or
communications networks, including hardware, software,
and data, that are essential to the security or
reliability of the bulk-power system; and
''(ii) disruption of the operation of such devices
or networks, with significant adverse effects on the
security or reliability of the bulk-power system, as a
result of such act or event; or
''(B)(i) a direct physical attack on, or
intentional interference with, the bulk-power system;
and
''(ii) significant adverse effects on the security
or reliability of the bulk-power system as a result of
such physical attack or interference.
''(5) Grid security vulnerability.--The term 'grid security
vulnerability' means a weakness in the bulk-power system that,
in the event of--
''(A) a malicious act using electronic
communication or an electromagnetic pulse, would pose a
substantial risk of disruption to the operation of
those electronic devices or communications networks,
including hardware, software, data, and facilities,
that are essential to the security or reliability of
the bulk-power system; or
''(B) a direct physical attack, or intentional
interference with, the bulk-power system, would pose a
substantial risk of significant adverse effects on the
security or reliability of the bulk-power system.
''(6) Protected electric security information.--The term
'protected electric security information'--
''(A) means information generated by or provided to
the Commission, other than classified national security
information, that is designated as protected electric
security information by the Commission under subsection
(a)(2)--
''(i) that specifically discusses or
identifies grid security threats, grid security
vulnerabilities, or plans, procedures, or
measures to address such threats or
vulnerabilities; and
''(ii) the unauthorized disclosure of which
could be used in a malicious manner to impair,
attack, or interfere with the security or
reliability of the bulk-power system or
distribution facilities; and
''(B) includes data, modeling, or representations
related to grid security that could be used to generate
information described in subparagraph (A).
''(7) Security.--The definition of 'security' in section
3(16) shall not apply to the provisions in this section.''.
(b) Conforming Amendments.--
(1) Jurisdiction.--Section 201(b)(2) of the Federal Power
Act (16 U.S.C. 824(b)(2)) is amended 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,''.
[A]:
Protecting Critical Infrastructure Act This bill amends the Federal Power Act to: (1) exempt protected electric security information from mandatory public disclosure under the Freedom of Information Act; and (2) prohibit any state, local, or tribal authority from disclosing such information pursuant to state, local, or tribal law. The Federal Energy Regulatory Commission (FERC) shall promulgate specified regulations and issue the orders necessary to designate protected electric security information and to prohibit its unauthorized disclosure. There is no requirement for a person or entity in possession of protected electric security information to share it with federal, state, local, or tribal authorities. Sharing information with Congress, however, is permitted. Unless specifically redesignated by FERC, information may not be designated as protected electric security information for longer than five years. FERC shall remove a designation, in whole or in part, if it determines that its unauthorized disclosure could no longer be used to impair the security or reliability of the bulk-power system or distribution facilities.