HouseH.R. 10854119th Congress

Public Safety Power Shutoff Data Transparency Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10854 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10854

 To direct the Secretary of Energy to establish and carry out a Public 
             Safety Power Shutoff Event Reporting Program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 19, 2026

Mr. Whitesides introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
 To direct the Secretary of Energy to establish and carry out a Public 
             Safety Power Shutoff Event Reporting Program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Safety Power Shutoff Data 
Transparency Act''.

SEC. 2. PUBLIC SAFETY POWER SHUTOFF EVENT REPORTING PROGRAM.

    (a) Establishment.--The Secretary of Energy shall establish and 
carry out a program, to be known as the ``Public Safety Power Shutoff 
Event Reporting Program'', within the Office of Cybersecurity, Energy 
Security, and Emergency Response.
    (b) Reporting Requirements.--In carrying out the program, the 
Secretary shall require each covered electric utility to, not later 
than 7 days after initiating, and not later than 7 days after ending, a 
public safety power shutoff event, report information regarding the 
public safety power shutoff event to the Secretary, including--
            (1) the geographic extent (county or census-tract scale) of 
        the public safety power shutoff event;
            (2) the start or end time, as applicable, for the public 
        safety power shutoff event;
            (3) the estimated number of customers and the critical 
        services affected by the public safety power shutoff event;
            (4) the hazard conditions prompting the public safety power 
        shutoff event;
            (5) a summary of public communications made to customers 
        regarding the public safety power shutoff event;
            (6) a summary of any coordination regarding the public 
        safety power shutoff event with State, local, Tribal, and 
        emergency-response entities;
            (7) a summary of advance notifications provided to, and 
        consultation conducted with, hospitals and other critical 
        health infrastructure within the impacted area prior to and 
        during the public safety power shutoff event; and
            (8) where practicable, the estimated impact of the public 
        safety power shutoff event on underserved or infrastructure-
        vulnerable communities, including rural, low-income, and Tribal 
        communities.
    (c) Format and Integration.--In carrying out the program, the 
Secretary may incorporate fields for public safety power shutoff events 
into existing outage-reporting mechanisms (such as Form OE-417) to 
avoid duplication and reduce reporting burden.
    (d) Aggregated Transparency and Community Access.--
            (1) Summaries available to the public.--In carrying out the 
        program, the Secretary shall, subject to paragraph (4), 
        publish, on a quarterly basis, on a publicly accessible website 
        of the Department of Energy, anonymized, aggregated summaries 
        of the information reported to the Secretary under this 
        section.
            (2) Inclusions.--Summaries published under paragraph (1) 
        shall include--
                    (A) information on frequency, duration, and 
                regional trends for public safety power shutoff events; 
                and
                    (B) where available, include data on effects of 
                public safety power shutoff events in rural, low-
                income, and Tribal areas.
            (3) Community notification integration.--The Secretary 
        shall make summaries published under paragraph (1) available, 
        in a machine-readable format, to State and local emergency-
        management agencies for use in improving public alerting and 
        preparedness.
            (4) Delay in publication.--The Secretary may delay or 
        withhold publication of summaries under this subsection as the 
        Secretary determines necessary to protect security or other 
        sensitive information.
            (5) Community reporting.--The Secretary shall provide a 
        mechanism for local governments and Tribal entities to submit 
        verified feedback or supplemental data on the impacts of public 
        safety power shutoff events to inform summaries published under 
        paragraph (1) and best practices and nonbinding guidance issued 
        under paragraph (6).
            (6) Voluntary risk analysis.--The Secretary may review and 
        analyze the information reported and feedback submitted under 
        this section to identify emerging patterns and best practices 
        and issue nonbinding guidance on reducing the impacts of public 
        safety power shutoff events through planning, backup power, and 
        coordination.
    (e) Interagency and State Coordination.--In carrying out the 
program, the Secretary shall, subject to subsection (f), share public 
safety power shutoff information reported to the Secretary, and 
summaries published, under this section with relevant Federal and State 
entities, including--
            (1) the Administrator of the Federal Emergency Management 
        Agency;
            (2) the Secretary of Health and Human Services;
            (3) the Chair of the Federal Communications Commission;
            (4) the National Interagency Fire Center; and
            (5) State regulatory authorities, State energy offices, and 
        State emergency management or public safety authorities, 
        hospitals, and emergency medical services networks.
    (f) Protection of Information.--
            (1) Safe harbor.--Notwithstanding any other provision of 
        law, and subject to paragraph (2), information reported to the 
        Secretary under subsection (a)--
                    (A) shall be exempt from disclosure under section 
                552 of title 5, United States Code (commonly referred 
                to as the Freedom of Information Act);
                    (B) shall not, without the written consent of the 
                covered electric utility submitting such information, 
                be used directly by the Secretary, any other Federal, 
                State, or local authority, or any third party, in any 
                civil action arising under Federal or State law if such 
                information is submitted in good faith;
                    (C) shall not, without the written consent of the 
                covered electric utility submitting such information, 
                be used or disclosed by any officer or employee of the 
                United States for purposes other than for emergency 
                preparedness or public safety coordination purposes, 
                except--
                            (i) in furtherance of an investigation or 
                        the prosecution of a criminal act; or
                            (ii) when disclosure of the information 
                        would be--
                                    (I) to either House of Congress, or 
                                to the extent of matter within its 
                                jurisdiction, any committee or 
                                subcommittee thereof, any joint 
                                committee thereof or subcommittee of 
                                any such joint committee; or
                                    (II) to the Comptroller General, or 
                                any authorized representative of the 
                                Comptroller General, in the course of 
                                the performance of the duties of the 
                                General Accounting Office;
                    (D) shall not, if provided to a State or local 
                government or government agency--
                            (i) be made available pursuant to any State 
                        or local law requiring disclosure of 
                        information or records;
                            (ii) otherwise be disclosed or distributed 
                        to any party by said State or local government 
                        or government agency without the written 
                        consent of the covered electric utility 
                        submitting such information; or
                            (iii) be used other than for emergency 
                        preparedness or public safety coordination 
                        purposes; and
                    (E) does not constitute a waiver of any applicable 
                privilege or protection provided under law, such as 
                trade secret protection.
            (2) Applicability.--Paragraph (1) does not apply with 
        respect to summaries published under subsection (d).
    (g) Enforcement.--Any failure to report information under this 
section shall be considered a failure to make information available 
under subsection (b) of section 13 of the Federal Energy Administration 
Act of 1974 (15 U.S.C. 772(b)).
    (h) Implementation.--Not later than 12 months after the date of 
enactment of this Act, the Secretary shall issue regulations to carry 
out this section. Such regulations shall include requirements and 
guidance relating to digital-submission protocols, reporting 
thresholds, and privacy standards.
    (i) Definitions.--In this Act:
            (1) Covered electric utility.--The term ``covered electric 
        utility'' means--
                    (A) an electric utility that serves 25,000 or more 
                customers (as determined by the Secretary using data 
                reported to the Energy Information Administration);
                    (B) an electric utility that serves less than 
                25,000 customers (as determined by the Secretary using 
                data reported to the Energy Information Administration) 
                and conducts a public safety power shutoff event within 
                an area designated by the Secretary as high-risk for 
                wildfire or related natural-hazard conditions, 
                consistent with existing Federal hazard mitigation maps 
                and other relevant Federal or State data sources; or
                    (C) any other entity that owns or operates electric 
                distribution facilities and conducts a public safety 
                power shutoff event.
            (2) Electric utility.--The term ``electric utility'' has 
        the meaning given such term in section 3 of the Federal Power 
        Act (16 U.S.C. 796).
            (3) Program.--The term ``program'' means the Public Safety 
        Power Shutoff Event Reporting Program established under 
        subsection (a).
            (4) Public safety power shutoff event.--The term ``public 
        safety power shutoff event'' means a temporary de-energization 
        of electric service to specific areas, initiated by a covered 
        electric utility, and undertaken as a preventive measure to 
        reduce the risk of wildfire, including during extreme weather, 
        or other imminent public safety hazards arising from electric 
        infrastructure.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
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