[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1068 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1068

 To amend the Federal Power Act to protect the bulk-power system from 
                        cyber security threats.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 2015

Mr. Risch (for himself and Mr. Heinrich) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Power Act to protect the bulk-power system from 
                        cyber security threats.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CYBER SECURITY THREATS.

    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. CYBER SECURITY THREATS.

    ``(a) Definitions.--In this section:
            ``(1) Bulk-power system.--The term `bulk-power system' has 
        the meaning given the term in section 215.
            ``(2) Cyber security threat.--The term `cyber security 
        threat' means the imminent danger of a malicious act that 
        disrupts, attempts to disrupt, or poses a significant risk of 
        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.
            ``(3) Electric reliability organization.--The term 
        `Electric Reliability Organization' has the meaning given the 
        term in section 215.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
    ``(b) Emergency Authority of Secretary.--
            ``(1) In general.--If the President submits to the 
        Secretary a written notice of a determination by the President 
        that immediate action is necessary to protect the bulk-power 
        system from a cyber security threat, the Secretary may require, 
        by order and with or without notice, any entity that owns, 
        controls, or operates a bulk-power system facility to take such 
        actions as the Secretary determines will best avert or mitigate 
        the cyber security threat.
            ``(2) Coordination with canada and mexico.--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 cyber security of the interconnected North American 
        electricity grid.
            ``(3) Consultation.--Before exercising authority pursuant 
        to this subsection, to the maximum extent practicable, taking 
        into consideration the nature of an identified cyber security 
        threat and the urgency of need for action, the Secretary shall 
        consult regarding implementation of actions that will 
        effectively address the cyber security threat with--
                    ``(A) any entities potentially subject to the cyber 
                security threat that own, control, or operate bulk-
                power system facilities;
                    ``(B) the Electric Reliability Organization;
                    ``(C) the Electricity Sub-sector Coordinating 
                Council (as defined in the document entitled `Homeland 
                Security Presidential Directive 7: Critical 
                Infrastructure Identification, Prioritization, and 
                Protection'); and
                    ``(D) officials of other Federal departments and 
                agencies, as appropriate.
            ``(4) Cost recovery.--
                    ``(A) In general.--The Commission shall establish a 
                mechanism that permits owners, operators, or users of 
                the bulk-power system to seek recovery of prudently 
                incurred costs required to implement actions ordered by 
                the Secretary under this subsection.
                    ``(B) Requirements.--Any rate or charge approved 
                under a mechanism established under this paragraph--
                            ``(i) shall be just and reasonable; and
                            ``(ii) shall not be unduly discriminatory 
                        or preferential.
    ``(c) Duration of Emergency Orders.--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--
            ``(1) provides to interested persons an opportunity to 
        submit written data, recommendations, and arguments; and
            ``(2) affirms, amends, or repeals the order, subject to the 
        condition that an amended order shall not exceed a total 
        duration of 90 days.''.
                                 <all>