16 USC 824o-1 - Critical electric infrastructure security

U.S Code last checked for updates: May 14, 2024

§ 824o–1.

Critical electric infrastructure security

(a)

Definitions

For purposes of this section:

(1)

Bulk-power system; Electric Reliability Organization; regional entity

(2)

Critical electric infrastructure

(3)

Critical electric infrastructure information

(4)

Defense critical electric infrastructure

(5)

Electromagnetic pulse

(6)

Geomagnetic storm

(7)

Grid security emergency

The term “grid security emergency” means the occurrence or imminent danger of—

(A)

(i)

a malicious act using electronic communication or an electromagnetic pulse, or a geomagnetic storm event, that could disrupt the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of critical electric infrastructure or of defense critical electric infrastructure; and

(ii)

disruption of the operation of such devices or networks, with significant adverse effects on the reliability of critical electric infrastructure or of defense critical electric infrastructure, as a result of such act or event; or

(B)

(i)

a direct physical attack on critical electric infrastructure or on defense critical electric infrastructure; and

(ii)

significant adverse effects on the reliability of critical electric infrastructure or of defense critical electric infrastructure as a result of such physical attack.

(8)

Secretary

(b)

Authority to address grid security emergency

(1)

Authority

(2)

Notification of Congress

(3)

Consultation

(4)

Application

An order for emergency measures under this subsection may apply to—

(A)

the Electric Reliability Organization;

(B)

a regional entity; or

(C)

any owner, user, or operator of critical electric infrastructure or of defense critical electric infrastructure within the United States.

(5)

Expiration and reissuance

(A)

In general

(B)

Extensions

(6)

Cost recovery

(A)

Critical electric infrastructure

(B)

Defense critical electric infrastructure

(7)

Temporary access to classified information

(c)

Designation of critical defense facilities

Not later than 180 days after December 4, 2015, the Secretary, in consultation with other appropriate Federal agencies and appropriate owners, users, or operators of infrastructure that may be defense critical electric infrastructure, shall identify and designate facilities located in the 48 contiguous States and the District of Columbia that are—

(1)

critical to the defense of the United States; and

(2)

vulnerable to a disruption of the supply of electric energy provided to such facility by an external provider.

The Secretary may, in consultation with appropriate Federal agencies and appropriate owners, users, or operators of defense critical electric infrastructure, periodically revise the list of designated facilities as necessary.

(d)

Protection and sharing of critical electric infrastructure information

(1)

Protection of critical electric infrastructure information

Critical electric infrastructure information—

(A)

shall be exempt from disclosure under section 552(b)(3) of title 5; and

(B)

shall not be made available by any Federal, State, political subdivision or tribal authority pursuant to any Federal, State, political subdivision or tribal law requiring public disclosure of information or records.

(2)

Designation and sharing of critical electric infrastructure information

Not later than one year after December 4, 2015, the Commission, after consultation with the Secretary, shall promulgate such regulations as necessary to—

(A)

establish criteria and procedures to designate information as critical electric infrastructure information;

(B)

prohibit the unauthorized disclosure of critical electric infrastructure information;

(C)

ensure there are appropriate sanctions in place for Commissioners, officers, employees, or agents of the Commission or the Department of Energy who knowingly and willfully disclose critical electric infrastructure information in a manner that is not authorized under this section; and

(D)

taking into account standards of the Electric Reliability Organization, facilitate voluntary sharing of critical electric infrastructure information with, between, and by—

(i)

Federal, State, political subdivision, and tribal authorities;

(ii)

the Electric Reliability Organization;

(iii)

regional entities;

(iv)

information sharing and analysis centers established pursuant to Presidential Decision Directive 63;

(v)

owners, operators, and users of critical electric infrastructure in the United States; and

(vi)

other entities determined appropriate by the Commission.

(3)

Authority to designate

(4)

Considerations

(5)

Protocols

(6)

No required sharing of information

(7)

Submission of information to Congress

(8)

Disclosure of nonprotected information

(9)

Duration of designation

(10)

Removal of designation

(11)

Judicial review of designations

(e)

Security clearances

(f)

Clarifications of liability

(1)

Compliance with or violation of this chapter

(2)

Relation to section 824a(c) of this title

(3)

Sharing or receipt of information

(4)

Rule of construction

(June 10, 1920, ch. 285, pt. II, § 215A, as added Pub. L. 114–94, div. F, § 61003(a), Dec. 4, 2015, 129 Stat. 1773.)

cite as: 16 USC 824o-1