S.Amdt. 2441

SA 2441. Mr. SCHATZ (for himself and Mr. Moran) submitted an
amendment intended to be proposed by him to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle D of title XXVIII, add the
following:

SEC. 2838. AUTHORITY TO ENGAGE IN PROJECTS TO SUPPORT
INSTALLATION ENERGY RESILIENCE AND ENERGY
SECURITY.

(a) In General.--Subchapter I of chapter 173 of title 10,
United States Code, is amended by inserting after section
2919 the following new section:

``Sec. 2920. Projects on non-federal property to ensure
energy resilience and energy security

``(a) Authority for Projects.--The Secretary of Defense may
provide for the construction, improvement, hardening against
physical or cyber attack, and maintenance of a utility system
supporting a military installation if the Secretary certifies
to the congressional defense committees that the
construction, improvement, hardening against physical or
cyber attack, or maintenance will provide energy resilience
or energy security to the installation and is necessary to
maintain the readiness of the armed forces.
``(b) Needs Assessment.--If the Secretary determines that
an action of the Department of Defense will cause a
significant effect on a utility system serving a military
installation, the Secretary shall conduct a utility service
needs assessment to assess the magnitude of the construction,
improvement, hardening against physical or cyber attack, and
maintenance required to address the effect.
``(c) Design of Projects.--A project carried out under
subsection (a) shall be designed to provide energy resilience
or energy security to the military installation and not to
other users of the utility system, but may, at no additional
expense to the United States, incidentally benefit other
users of the utility system.
``(d) Types of Available Agreements.--In carrying out a
project under subsection (a), the Secretary may use a
contract, a cooperative agreement, or a grant.
``(e) Nature of Projects.--A project carried out under
subsection (a)--
``(1) shall not be considered a military construction
project as that term is defined in section 2801(a) of this
title; and
``(2) shall be treated as the acquisition of enhanced
utility service to the military installation.
``(f) Source of Funds.--The Secretary may carry out this
section using funds available for operation and maintenance
or for military construction.
``(g) Congressional Oversight.--When a decision is made to
carry out a project under this section, the Secretary
concerned shall submit to the congressional defense
committees, in an electronic medium pursuant to section 480
of this title, a report including the justification for the
project, the current estimate of the cost of the project, and
the source of funds to cover anticipated expenses. A project
may not be carried out if a congressional defense committee
sends written notification to the Secretary disapproving of a
project within 14 days of such report submission.
``(h) Definitions.--In this section:
``(1) Military installation.--The term `military
installation' has the meaning given the term in section
2687(g)(1) of this title.
``(2) Utility system.--The term `utility system' means a
utility system--
``(A) providing communications, electricity, gas, water,
oil, or steam to, or removing waste from, a military
installation;
``(B) not located on a military installation; and
``(C) not owned by the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2919 the following new item:

``Sec.  2920. Projects on non-federal property to ensure energy
resilience and energy security.''.
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