PlainBillCongress, translated.Legislation. Context. Public interest.Placed on Senate Legislative Calendar under General Orders. Calendar No. 617.
Congressional Research Service
Version 01 · Reported to Senate with amendment(s) · Sep 27, 2010
Amends the Federal Power Act to direct the Federal Energy Regulatory Commission (FERC) to issue rules or orders to protect critical electric infrastructure from cyber security vulnerabilities.
Authorizes FERC to issue such rules or orders without prior notice or hearing if it determines that a rule or order must be issued immediately to protect critical electric infrastructure from a cyber security vulnerability.
Directs FERC, before issuing a rule or order, to consult with specified entities and federal agencies regarding implementation of actions that will effectively address the identified cyber security vulnerabilities.
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Requires the rule or order issued to address a cyber security vulnerability to expire on the effective date of a certain standard developed to address the cyber security vulnerability.
Empowers the Secretary of Energy to require, by order, with or without notice, persons subject to FERC jurisdiction to take such actions as the Secretary determines will best avert or mitigate an immediate cyber security threat.
Encourages the Secretary to consult and coordinate with officials in Canada and Mexico responsible for the protection of cyber security of the interconnected North American electricity grid.
Directs FERC to establish a mechanism that permits public utilities to recover prudently incurred costs required to implement immediate actions ordered by the Secretary under this Act.
States that any such expedited or emergency rules or orders issued without prior notice or hearing shall remain effective for not more than 90 days unless, during such 90-day period, FERC: (1) gives interested persons an opportunity to submit written data, views, or arguments (with or without opportunity for oral presentation); and (2) affirms, amends, or repeals the rule or order.
Applies this Act to any entity that owns, controls, or operates critical electric infrastructure. Excludes Alaska and Hawaii from the scope of this Act.
Directs the Secretary of Defense to prepare a comprehensive plan that identifies the emergency measures or actions to be taken to protect the reliability of the electric power supply of national defense facilities located in Alaska, Hawaii, and the Territory of Guam in the event of an imminent cybersecurity threat.
Directs the Secretary and FERC to: (1) prescribe regulations prohibiting disclosure of information obtained or developed in ensuring cyber security if such disclosure would be detrimental to the security of critical electric infrastructure; and (2) establish procedures governing the release of critical infrastructure information to enable to entities subject to this Act to implement rules or orders of FERC or the Secretary.
People & committees
Rep. Markey, Edward J. [D-MA-7] · D–MA
Legislative record
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Placed on Senate Legislative Calendar under General Orders. Calendar No. 617.
Committee on Energy and Natural Resources. Reported by Senator Bingaman with an amendment in the nature of a substitute. With written report No. 111-331.
Committee on Energy and Natural Resources. Reported by Senator Bingaman with an amendment in the nature of a substitute. With written report No. 111-331.
Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
The title of the measure was amended. Agreed to without objection.
Motion to reconsider laid on the table Agreed to without objection.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H4256-4258)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H4256-4258)
DEBATE - The House proceeded with forty minutes of debate on H.R. 5026.
Considered under suspension of the rules. (consideration: CR H4256-4262)
Mr. Markey (MA) moved to suspend the rules and pass the bill, as amended.
Placed on the Union Calendar, Calendar No. 281.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-493.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-493.
Ordered to be Reported (Amended) by the Yeas and Nays: 47 - 0.
Committee Consideration and Mark-up Session Held.
Referred to the House Committee on Energy and Commerce.
Introduced in House
Introduced in House
Hearings Held by the Subcommittee on Commerce, Trade and Consumer Protection Prior to Introduction.
Primary sources
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No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Sep 8, 2026. Consult Congress.gov for the current record.
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Analyze H.R.5026 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
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