,,ii  #aagth ,,congress  #ast ,session  
,s4 #bbfi  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #bd1     
#bjba,mr4 ,scott of ,florida 7for       
himself1 ,mr4 ,rubio1 ,mr4 ,marshall1   
and ,mr4 ,cotton7 introduced the        
following bill2 which was read twice and
 referred to the ,committee on ,energy  
and ,natural ,resources  ,a ,,bill  ,to 
secure the bulk-power system in the     
,united ,states4  #a4 ,short title ,this
 ,act may be cited as the ,protect      
,american ,power ,infrastructure ,act4  
#b4 ,securing the bulk-power system  7a7
 ,definitions ,in this section3 7#a7    
,bulk-power system  7,a7 ,in general    
,the term bulk-power system has the     
meaning given the term in section       
#bae7;a7 of the ,federal ,power ,act    
7#af ,u4,s4,c4 #hbdo7a774  7,b7         
,inclusion ,the term bulk-power system  
includes transmission lines rated at    
#fi1jjj volts 7#fi k,v7 or higher4  7#b7
 ,covered equipment ,the term covered   
equipment means items used in bulk-power

 system substations1 control rooms1 or  
power generating stations1 including--  
7,a7 7i7 power transformers with a      
low-side voltage rating of #fi1jjj volts
 7#fi k,v7 or higher2 and  7ii7         
associated control and protection       
systems1 such as load tap changers1     
cooling systems1 and sudden pressure    
relays2  7,b7 7i7 generator step-up     
7,,gsu7 transformers with a high-side   
voltage rating of #fi1jjj volts 7#fi    
k,v7 or higher2 and  7ii7 associated    
control and protection systems1 such as 
load tap changers1 cooling systems1 and 
sudden pressure relays2  7,c7 circuit   
breakers operating at #fi1jjj volts 7#fi
 k,v7 or higher2  7,d7 reactive power   
equipment rated at #fi1jjj volts 7#fi   
k,v7 or higher2 and  7,e7               
microprocessing software and firmware   
that-- 7i7 is installed in any equipment
 described in subparagraphs 7,a7 through
 7,d72 or  7ii7 is used in the operation
 of any of the items described in those 
subparagraphs4  7#c7 ,critical defense  

facility  7,a7 ,in general ,the term    
critical defense facility means a       
facility that-- 7i7 is critical to the  
defense of the ,united ,states2 and     
7ii7 is vulnerable to a disruption of   
the supply of electric energy provided  
to that facility by an external         
provider4  7,b7 ,inclusion ,the term    
critical defense facility includes a    
facility designated as a critical       
defense facility by the ,secretary of   
,energy under section #bae;,a7c7 of the 
,federal ,power ,act 7#af ,u4,s4,c4     
#hbdo-#a7;c774  7#d7 ,critical electric 
infrastructure ,the term critical       
electric infrastructure has the meaning 
given the term in section #bae;,a7a7 of 
the ,federal ,power ,act 7#af ,u4,s4,c4 
#hbdo-#a7;a774  7#e7 ,defense critical  
electric infrastructure ,the term       
defense critical electric infrastructure
 has the meaning given the term in      
section #bae;,a7a7 of the ,federal      
,power ,act 7#af ,u4,s4,c4              
#hbdo-#a7;a774  7#f7 ,entity ,the term  

entity means a partnership1 association1
 trust1 joint venture1 corporation1     
group1 subgroup1 or other organization4 
7#g7 ,foreign adversary ,the term       
foreign adversary means any foreign     
government or foreign nongovernment     
person engaged in a longterm pattern or 
serious instances of conduct            
significantly adverse to-- 7,a7 the     
national security of-- 7i7 the ,united  
,states2 or  7ii7 allies of the ,united 
,states2 or  7,b7 the security and      
safety of ,united ,states persons4  7#h7
 ,person ,the term person means an      
individual or entity4  7#i7 ,procurement
 ,the term procurement means the process
 of acquiring1 through purchase1 by     
contract and through the use of         
appropriated funds1 supplies or         
services1 including installation        
services1 by and for the use of the     
,federal ,government4  7#aj7            
,transaction ,the term transaction means
 the acquisition1 importation1 transfer1
 or installation of any bulk-power      

system electric equipment by any person1
 or with respect to any property1       
subject to the jurisdiction of the      
,united ,states4  7#aa7 ,united ,states 
person ,the term ,united ,states person 
means-- 7,a7 an individual who is-- 7i7 
a citizen of the ,united ,states2 or    
7ii7 an alien lawfully admitted for     
permanent residence in the ,united      
,states2  7,b7 an entity organized under
 the laws of the ,united ,states or any 
jurisdiction within the ,united ,states1
 including a foreign branch of such an  
entity2 and  7,c7 any person in the     
,united ,states4  7b7 ,prohibition  7#a7
 ,in general ,except as otherwise       
provided in this subsection1 no person  
that is the owner or operator of defense
 critical electric infrastructure may   
engage in any transaction relating to   
that defense critical electric          
infrastructure that involves any covered
 equipment in which a foreign adversary 
has an ownership or any other interest1 
including through an interest in a      

contract for the provision of the       
covered equipment1 over which a foreign 
adversary has control1 or with respect  
to which a foreign adversary exercises  
influence1 including any transaction    
that-- 7,a7 is initiated after the date 
of enactment of this ,act2 and  7,b7 the
 ,secretary of ,energy1 in coordination 
with the ,director of the ,office of    
,management and ,budget and in          
consultation with the ,secretary of     
,defense1 the ,secretary of ,homeland   
,security1 the ,director of ,national   
,intelligence1 and the heads of other   
appropriate ,federal agencies1 as       
determined by the ,secretary of ,energy1
 determines-- 7i7 involves covered      
equipment designed1 developed1          
manufactured1 or supplied by persons    
owned by1 controlled by1 or subject to  
the jurisdiction or direction of a      
foreign adversary2 and  7ii7 poses an   
undue risk of catastrophic effects on   
the security or resiliency of defense   
critical electric infrastructure in the 

,united ,states4  7#b7 ,mitigation      
measures  7,a7 ,in general ,the         
,secretary of ,energy1 in consultation  
with the heads of other ,federal        
agencies1 as appropriate1 may-- 7i7 in  
accordance with subparagraph 7,b71      
approve a transaction or class of       
transactions prohibited under paragraph 
7#a72 and  7ii7 design or negotiate     
measures to mitigate any concerns       
identified in making determinations     
under paragraph 7#a77;,b7 with respect  
to that transaction or class of         
transactions4  7,b7 ,precondition to    
approval of otherwise prohibited        
transaction ,the ,secretary of ,energy  
shall implement the measures described  
in subparagraph 7,a77ii7 before         
approving a transaction or class of     
transactions that would otherwise be    
prohibited under paragraph 7#a74  7#c7  
,application  7,a7 ,in general ,the     
prohibition described in paragraph 7#a7 
shall apply to a transaction described  
in that paragraph regardless of         

whether-- 7i7 a contract has been       
entered into with respect to that       
transaction before the date of enactment
 of this ,act2 or  7ii7 a license or    
permit has been issued or granted with  
respect to that transaction before the  
date of enactment of this ,act4  7,b7   
,contrary law ,the prohibition described
 in paragraph 7#a7 shall apply to each  
transaction described in that paragraph 
only to the extent not otherwise        
provided by-- 7i7 another statute2 or   
7ii7 a regulation1 order1 directive1 or 
license issued pursuant to this section4
  7#d7 ,prequalification  7,a7 ,in      
general ,the ,secretary of ,energy1 in  
consultation with the heads of other    
,federal agencies1 as appropriate1 may--
 7i7 establish and publish criteria for 
recognizing particular covered equipment
 and particular vendors in the market   
for covered equipment as prequalified   
for future transactions2 and  7ii7 apply
 those criteria to establish and        
publish1 and update1 as necessary1 a    

list of prequalified equipment and      
vendors4  7,b7 ,savings provision       
,nothing in this paragraph limits the   
authority of the ,secretary of ,energy  
under this subsection to prohibit or    
otherwise regulate any transaction      
involving prequalified equipment or     
vendors4  7c7 ,implementation  7#a7     
,implementation by the ,secretary of    
,energy ,the ,secretary of ,energy shall
 take such actions as the ,secretary    
determines to be necessary to implement 
this section1 including-- 7,a7 directing
 the timing and manner of the cessation 
of pending and future transactions      
prohibited under subsection 7b77#a72    
7,b7 adopting appropriate rules and     
regulations2 and  7,c7 exercising any   
applicable power granted to the         
,president by the ,international        
,emergency ,economic ,powers ,act 7#ej  
,u4,s4,c4 #agja et seq47 and delegated  
to the ,secretary4  7#b7 ,required      
rulemaking  7,a7 ,in general ,not later 
than #aej days after the date of        

enactment of this ,act1 the ,secretary  
of ,energy1 in consultation with the    
,secretary of ,defense1 the ,secretary  
of ,homeland ,security1 the ,director of
 ,national ,intelligence1 and the heads 
of other appropriate ,federal agencies1 
as determined by the ,secretary of      
,energy1 shall issue rules or           
regulations to implement this section4  
7,b7 ,authority ,a rule or regulation   
issued under subparagraph 7,a7 may-- 7i7
 determine that particular countries or 
persons are foreign adversaries         
exclusively for the purposes of this    
section2  7ii7 identify persons owned   
by1 controlled by1 or subject to the    
jurisdiction or direction of1 foreign   
adversaries exclusively for the purposes
 of this section2  7iii7 identify       
particular equipment or countries with  
respect to which transactions involving 
covered equipment warrant particular    
scrutiny under this section2 and  7iv7  
identify a mechanism and relevant       
factors for the negotiation of          

agreements to mitigate concerns         
identified in making determinations     
under subsection 7b77#a77;,b74  7#c7    
,identification of certain equipment ,as
 soon as practicable after the date of  
enactment of this ,act1 the ,secretary  
of ,energy1 in consultation with the    
,secretary of ,defense1 the ,secretary  
of the ,interior1 the ,secretary of     
,homeland ,security1 the ,director of   
,national ,intelligence1 the ,board of  
,directors of the ,tennessee ,valley    
,authority1 and the heads of other      
appropriate ,federal agencies1 as       
determined by the ,secretary of ,energy1
 shall-- 7,a7 identify existing covered 
equipment that-- 7i7 is designed1       
developed1 manufactured1 or supplied by 
persons owned by1 controlled by1 or     
subject to the jurisdiction or direction
 of a foreign adversary2 and  7ii7 poses
 an undue risk of catastrophic effects  
on the security or resiliency of        
critical electric infrastructure in the 
,united ,states2 and  7,b7 develop      

recommendations on ways to identify1    
isolate1 monitor1 or replace any covered
 equipment identified under subparagraph
 7,a7 as soon as practicable4  7#d7     
,coordination and information sharing   
,the ,secretary of ,energy shall work   
with the ,secretary of ,defense1 the    
,secretary of the ,interior1 the        
,secretary of ,homeland ,security1 the  
,director of ,national ,intelligence1   
the ,board of ,directors of the         
,tennessee ,valley ,authority1 and the  
heads of other appropriate ,federal     
agencies1 as determined by the          
,secretary of ,energy1 to protect       
critical defense facilities from        
national security threats through-- 7,a7
 the coordination of the procurement of 
energy infrastructure by the ,federal   
,government2 and  7,b7 the sharing of   
risk information and risk management    
practices to inform that procurement4   
7#e7 ,requirement ,this section shall be
 implemented-- 7,a7 in a manner that is 
consistent with all other applicable    

laws2 and  7,b7 subject to the          
availability of appropriations4  7d7    
,reports to ,congress ,the ,secretary of
 ,energy shall submit to ,congress      
periodic reports describing any progress
 made in implementing1 or otherwise     
relating to the implementation of1 this 
section4