S.Amdt. 2094

SA 2094. Mrs. FISCHER submitted an amendment intended to be proposed
by her to the bill S. 4049, to authorize appropriations for fiscal year
2021 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 B of title III, add the following:

SEC. ____. SUPPORT AND ENHANCEMENT OF DEFENSE CRITICAL
ELECTRIC INFRASTRUCTURE.

(a) Assistance to Owners and Operators.--
(1) In general.--Subject to the availability of funds
provided in any appropriations Act enacted on or after the
date of enactment of this Act, the Secretary of Energy may
use those funds to assist owners and operators of defense
critical electric infrastructure (as defined in section
215A(a) of the Federal Power Act (16 U.S.C. 824o-1(a))) in
planning or installing, for a purpose described in paragraph
(2)--
(A) new generation, transmission, and distribution assets;
or
(B) resiliency upgrades to existing generation,
transmission, and distribution assets.
(2) Purposes described.--A purpose referred to in paragraph
(1) is--
(A) to enhance the power supply for a critical defense
facility designated by the Secretary under section 215A(c) of
the Federal Power Act (16 U.S.C. 824o-1(c)), including with
respect to generation, transmission, and distribution, as
applicable; or
(B) to improve the resilience of the applicable defense
critical electric infrastructure against--
(i) physical threats;
(ii) cyber threats;
(iii) threats posed by extreme weather events or natural
disasters, such as hurricanes, tornadoes, floods, and
wildfires; or
(iv) other threats similar or closely related to the
threats described in clauses (i) through (iii), as determined
by the Secretary of Energy.
(3) Annual report.--Beginning with fiscal year 2021, the
Secretary of Energy shall submit to the Committees on Armed
Services and Energy and Natural Resources of the Senate and
the Committees on Armed Services and Energy and Commerce of
the House of Representatives an annual report, in classified
form, describing each project planned, executed, or completed
with assistance provided under paragraph (1).
(b) Duration of Critical Electric Infrastructure
Information Designation.--
(1) In general.--Section 215A(d) of the Federal Power Act
(16 U.S.C. 824o-1(d)) is amended--
(A) by striking paragraph (9); and
(B) by redesignating paragraphs (10) and (11) as paragraphs
(9) and (10), respectively.
(2) Application to existing designations.--Any information
designated as critical electric infrastructure information
under section 215A of the Federal Power Act (16 U.S.C. 824o-
1) as of the date of enactment of this Act, including any
information designated as critical electric infrastructure
information for a period of not more than 5 years, shall
retain that designation until--
(A) the Secretary of Energy or the Federal Energy
Regulatory Commission, as applicable, removes the designation
in accordance with subsection (d)(9) of that section (as
redesignated by paragraph (1)(B)); or
(B) a court determines that the information was improperly
designated as critical electric infrastructure information
under subsection (d)(10) of that section (as redesignated by
paragraph (1)(B)).
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