Sec. 2001. Cybersecurity threats
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/bill/114/s/2012/pcs/section-2001A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Part II of the Federal Power Act ( 16 U.S.C. 824 et seq. ) is amended by adding at the end the following: In this section: The term bulk-power system has the meaning given the term in section 215. The term critical electric infrastructure means a system or asset of the bulk-power system, whether physical or virtual, the incapacity or destruction of which would negatively affect national security, economic security, public health or safety, or any combination of those matters.
The term critical electric infrastructure information means information related to critical electric infrastructure, or proposed critical electric infrastructure, generated by or provided to the Commission or other Federal agency, other than classified national security information, that is designated as critical electric infrastructure information by the Commission under subsection (d)(2). The term critical electric infrastructure information includes information that qualifies as critical energy infrastructure information under regulations promulgated by the Commission.
The term cybersecurity threat means the imminent danger of an act that severely disrupts, attempts to severely disrupt, or poses a significant risk of severely disrupting the operation of programmable electronic devices or communications networks (including hardware, software, and data) essential to the reliable operation of the bulk-power system. The term Electric Reliability Organization has the meaning given the term in section 215. The term regional entity has the meaning given the term in section 215.
The term Secretary means the Secretary of Energy. If the President notifies the Secretary that the President has made a determination that immediate action is necessary to protect the bulk-power system from a cybersecurity threat, the Secretary may require, by order and with or without notice, any entity that is registered with the Electric Reliability Organization as an owner, operator, or user of the bulk-power system to take such actions as the Secretary determines will best avert or mitigate the cybersecurity threat.
As soon as practicable after notifying the Secretary under paragraph (1), the President shall— provide to the Secretary, in writing, a record of the determination and an explanation of the reasons for the determination; and promptly notify, in writing, congressional committees of relevant jurisdiction, including the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, of the contents of, and justification for, the directive or determination.
In exercising the authority pursuant to this subsection, the Secretary is encouraged to consult and coordinate with the appropriate officials in Canada and Mexico responsible for the protection of cybersecurity of the interconnected North American electricity grid. Before exercising authority pursuant to this subsection, to the maximum extent practicable, taking into consideration the nature of an identified cybersecurity threat and the urgency of need for action, the Secretary shall consult regarding implementation of actions that will effectively address the cybersecurity threat with— any entities potentially subject to the cybersecurity threat that own, control, or operate bulk-power system facilities; the Electric Reliability Organization; the Electricity Sub-sector Coordinating Council (as established by the Electric Reliability Organization); and officials of other Federal departments and agencies, as appropriate.
The Commission shall adopt regulations that permit entities subject to an order under paragraph
(1)to seek recovery of prudently incurred costs required to implement actions ordered by the Secretary under this subsection. Any rate or charge approved under regulations adopted pursuant to this paragraph— shall be just and reasonable; and shall not be unduly discriminatory or preferential. An order issued by the Secretary pursuant to subsection
(b)shall remain in effect for not longer than the 30-day period beginning on the effective date of the order, unless, during that 30 day-period, the Secretary— provides to interested persons an opportunity to submit written data, recommendations, and arguments; and affirms, amends, or repeals the order, subject to the condition that an amended order shall not exceed a total duration of 90 days. Critical electric infrastructure information— shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and shall not be made available by any State, political subdivision, or tribal authority pursuant to any State, political subdivision, or tribal law requiring disclosure of information or records. Not later than 1 year after the date of enactment of this section, the Commission, in consultation with the Secretary of Energy, shall promulgate such regulations and issue such orders as necessary— to designate critical electric infrastructure information; to prohibit the unauthorized disclosure of critical electric infrastructure information; and to ensure there are appropriate sanctions in place for Commissioners, officers, employees, or agents of the Commission who knowingly and willfully disclose critical electric infrastructure information in a manner that is not authorized under this section; In promulgating regulations and issuing orders under paragraph (2), the Commission shall take into consideration 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 the respective jurisdictions of the State commissions. Nothing in this section requires a person or entity in possession of critical electric infrastructure information to share the information with Federal, State, political subdivision, or tribal authorities, or any other person or entity. In carrying out this section, the Commission shall segregate critical electric infrastructure information within documents and electronic communications, wherever feasible, to facilitate disclosure of information that is not designated as critical electric infrastructure information. .
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Sec. 2001
Cybersecurity threats
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