text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Save America's Utility 
  Infrastructure and Secure America Now Act of 2008''.
  
  SEC. 2. FINDINGS.
  
      The Congress finds that:
              (1) The blackout of August 2003 in the Northeast, Midwest, 
          and adjoining parts of Canada highlighted the need for 
          infrastructure and operating improvements.
              (2) In 2005 Hurricane Wilma destroyed power in most of 
          southern Florida, and within 6 months, Florida utility 
          regulators inserted requirements that utilities harden their 
          system over time and create a regular schedule of clearing 
          vegetation from power lines to ensure electric reliability.
              (3) In Iowa, in 2008, over two dozen people were killed and 
          148 injured as a result of flooding. Flood warnings covered a 
          span of about 325 miles from Dubuque, Iowa to St. Louis, 
          Missouri with over 35,000 families evacuated from their homes.
              (4) The devastation from Hurricane Katrina and its 
          calamitous results can still be seen across the Gulf Coast. 
          Hurricane Katrina cost over 1,800 lives, billions of dollars in 
          damage and catastrophic loss and the largest single loss in the 
          history of insurance at $40.6 billion with more than 1.7 
          million claims across 6 States (Louisiana, Mississippi, 
          Alabama, Florida, Tennessee, and Georgia).
              (5) Early estimates of Hurricane Ike's destruction are $9.8 
          billion in insured damages, which would make it the 4th most 
          expensive hurricane in the history of the United States, 
          according to the Insurance Information Institute. Hurricane 
          Katrina caused $43 billion in damages.
              (6) Cedric Delane passed away September 14, 2008, due in 
          part to a lack of electricity and not being identified as part 
          of the vulnerable class of people that needed assistance 
          immediately. Cedric was a 5th grade student at Blackshear 
          Elementary in Houston, Texas. Cedric was an asthmatic and 
          suffered a severe attack during Hurricane Ike. The lack of 
          electrical power prevented the use of his breathing machine, 
          which could possibly have saved his life. The paramedics were 
          called and Cedric was transported to the hospital, but he did 
          not survive.
              (7) There have been more than 370,000 overnight shelter 
          stays, over 8.77 million meals served, and over 190,000 clean-
          up kits and comfort kits distributed in the Houston-Galveston 
          area of Texas after Hurricanes Gustav and Ike.
              (8) The Texas Public Utility Commissioners did not require 
          electric companies on the coast to ensure reliability in their 
          distribution systems against hurricanes after the Texas Public 
          Utility Commission staff recommended aggressive tree-trimming 
          programs and major upgrades, including replacing wooden 
          electric polls with metal or concrete polls in 2005 after 
          Hurricane Rita.
              (9) Texas Public utility companies fought the 
          recommendations on the grounds that upgrading the distribution 
          system would cost far more than repairing it after a storm, 
          however the Texas Public Utility Commission ordered a cost-
          benefit analysis of only one recommendation: moving electric 
          substations out of flood zones.
              (10) There were 28 Houston-area deaths attributed to 
          Hurricane Ike with over a half a million people without 
          electrical power for more than a week including many elderly, 
          disabled, and medically-dependent persons.
              (11) Without criminal enforcement of reliability standards 
          with penalties by FERC and cost-benefit studies that include 
          United States Census and Federal Emergency Management Agency 
          data on vulnerable populations and loss of electricity on those 
          populations, greater loss of property and life will occur.
  
  SEC. 3. FERC ENFORCEMENT AUTHORITY.
  
      Section 215(e) of the Federal Power Act (16 U.S.C. 824o) is amended 
  as follows:
              (1) In paragraph (1) by striking ``ERO may impose, subject 
          to paragraph (2),'' and inserting ``Commission may impose'' and 
          by striking ``if the ERO'' and inserting ``if the Commission''.
              (2) Paragraph (2) is amended to read as follows:
              ``(2) Any person who violates any standard approved by the 
          Commission under subsection (d) shall, upon conviction, be 
          fined in accordance with title 18, United States Code, or 
          imprisoned not more than 5 years, or both.''.
              (3) Paragraph (4) is repealed.
              (4) In paragraph (6) by striking ``penalty imposed under 
          this section'' and inserting ``civil penalty imposed under 
          paragraph (1) of this section''.
  
  SEC. 4. DISTURBANCES LASTING LONGER THAN 5 DAYS.
  
      Within 180 days after the enactment of this Act the Federal Energy 
  Regulatory Commission shall issue a rule under section 215 of the 
  Federal Power Act amending the reliability standards under that section 
  to prohibit disturbances (other than planned maintenance) lasting 
  greater than 5 days at substations subject to section 215.
  
  SEC. 5. STUDY AND REPORT ON EMERGENCY PLANNING PREPAREDNESS FOR 
                VULNERABLE POPULATIONS.
  
      (a) Study.--The Secretary of the Department of Homeland Security, 
  acting through the Assistant Secretary of the Office of the 
  Infrastructure Protection, shall conduct a study to examine gaps in 
  emergency planning preparedness and management as related to vulnerable 
  populations including--
              (1) individuals with physical and mental disabilities, 
          visual impairments, hearing impairments, limited English 
          proficiency, and literacy barriers;
              (2) socially and economically disadvantaged households and 
          communities;
              (3) individuals over 65 years old;
              (4) minor children; and
              (5) individuals with pets or service animals.
      (b) Report.--Not later than one year after the date of the 
  enactment of this Act the Secretary of the Department of Homeland 
  Security, acting through the Assistant Secretary of the Office of the 
  Infrastructure Protection, shall submit to the Committee on Homeland 
  Security of the House of Representatives and the Committee on Homeland 
  Security and Governmental Affairs of the Senate a report containing the 
  results of the study under subsection (a) and any recommendations of 
  the Secretary.
target: Save America's Utility Infrastructure and Secure America Now Act of 2008 - Amends the Federal Power Act to grant the Federal Energy Regulatory Commission (FERC) enforcement powers with respect to electric reliability standards. (Currently such powers are exercised by an Electric Reliability Organization [ERO].)
  
  Revises penalty guidelines to subject to federal criminal law any person who violates a FERC-approved electric reliability standard.
  
  
  
  Requires FERC to issue a rule in connection with electric reliability standards to prohibit disturbances (other than planned maintenance) lasting greater than five days at certain substations.
  
  Instructs the Secretary of the Department of Homeland Security to study and report to Congress on gaps in emergency planning preparedness and management as related to specified, vulnerable populations.
feat_title: To amend the Federal Power Act to provide for enforcement, including criminal penalties, by the Federal Energy Regulatory Commission of electric reliability standards, and for other purposes.