[Page S5740]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2675. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 2645 submitted by Mr. Bingaman and intended to be 
proposed to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. EMERGENCY AUTHORITY RELATING TO 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. EMERGENCY AUTHORITY RELATING TO CYBER SECURITY 
                   THREATS.

       ``(a) Definitions.--In this section:
       ``(1) Critical electric infrastructure.--The term `critical 
     electric infrastructure' means systems and assets, whether 
     physical or virtual, used for the generation, transmission, 
     or distribution of electric energy affecting interstate 
     commerce that, as determined by the Commission or the 
     Secretary (as appropriate), are so vital to the United States 
     that the incapacity or destruction of the systems and assets 
     would have a debilitating impact on national security, 
     national economic security, or national public health or 
     safety.
       ``(2) Cyber security threat.--The term `cyber security 
     threat' means the imminent danger of an 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 critical 
     electric infrastructure.
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Energy.
       ``(b) Emergency Authority of Secretary.--
       ``(1) In general.--If the Secretary determines that 
     immediate action is necessary to protect critical electric 
     infrastructure from a cyber security threat, the Secretary 
     may require, by order, with or without notice, persons 
     subject to the jurisdiction of the Commission 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 granted under 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 the authority 
     granted under this subsection, to the extent practicable, 
     taking into account the nature of the threat and urgency of 
     need for action, the Secretary shall consult with any entity 
     that owns, controls, or operates critical electric 
     infrastructure and with officials at other Federal agencies, 
     as appropriate, regarding implementation of actions that will 
     effectively address the identified cyber security threat.
       ``(4) Cost recovery.--The Commission shall establish a 
     mechanism that permits public utilities to recover prudently 
     incurred costs required to implement immediate actions 
     ordered by the Secretary under this subsection.
       ``(c) Duration of Expedited or Emergency Rules or Orders.--
     Any order issued by the Secretary under subsection (b) shall 
     remain effective for not more than 90 days unless, during the 
     90 day-period, the Secretary--
       ``(1) gives interested persons an opportunity to submit 
     written data, views, or arguments; and
       ``(2) affirms, amends, or repeals the rule or order.''.
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