[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Page S3527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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)).
                                 ______