Markey, Upton Cybersecurity Bill Passes House Commerce

The House Commerce Committee approved by a 47-0 roll-call vote a cybersecurity bill that would amend the Federal Power Act to enable FERC to quickly address security threats to the electric grid. The committee approved by voice vote a manager’s amendment that included tweaks requiring notification of Congress whenever the president determines a grid security threat exists, and to require FERC consultation with the North American Electric Reliability Corporation (NERC). Democratic and Republican members agreed the bill (HR-5026) would improve national security and saluted friendly work between parties.

The Grid Reliability and Infrastructure Defense (GRID) Act was only formally introduced Wednesday, but its sponsor, Rep. Ed Markey, D-Mass., said it was the “product of months of bipartisan work” with co-sponsor Rep. Fred Upton, R-Mich., and Ranking Member Joe Barton, R-Texas. The Defense Department also gave positive feedback for the bill, said Chairman Henry Waxman, D-Calif. While backing the bill, Rep. Ed Whitfield, R-Ky., said he worries about giving additional power to FERC.

"Right now, our electrical grid is vulnerable to threats from terrorists and hostile countries,” said Markey. “Our adversaries have motive, intent, and the capacity to exploit these weaknesses.” The legislation is “imperative to protecting the nation,” said Upton. “I would hope the Senate will act quickly."

The amendment replaces the bill’s original language. It requires the president or Energy Secretary to alert Congress when a threat triggers FERC’s authority to act, and discontinues any emergency measure ordered by FERC no later than one year afterward. It forces FERC to request and consider recommendations by NERC before it addresses a grid security vulnerability, but FERC can set a deadline for the NERC recommendations based on the level of urgency. In addition, it replaces the term “electromagnetic weapon” with “electromagnetic pulse,” gives the president more flexibility designating critical defense facilities, and clarifies that grid security threats and vulnerabilities can affect non-programmable electronic devices.

Congress in 2005 gave NERC authority to handle grid security, but “it is fair to say they have not acted in an expeditious fashion,” said Barton. The amendment strikes a good balance by giving FERC authority to act, but still allowing the private sector a chance to provide input, he said.

Rep. Bruce Braley, D-Iowa, said he drafted an amendment that would give grants to train workforce on grid security. Braley decided not to offer it, but wants to work with Waxman before the bill reaches the floor to ensure language on workforce training is added, he said. Waxman said he'd be “happy” to work with him.

Also Thursday, Rep. Bob Latta, R-Ohio, joined the committee, replacing Rep. Nathan Deal, R-Ga. Deal left last month to focus on his campaign for governor. Latta will be on the Communications, Oversight and Consumer Protection subcommittees.