Department of Defense Climate Resiliency and Readiness Act
This bill requires the Department of Defense (DOD) to address climate resiliency and energy and resource efficiency.
Each DOD contract for the procurement of property or services entered into on or after October 1, 2021, must include specified information related to energy consumption and energy sources.
When deciding whether to enter into a contract, DOD must consider whether the contractor verifiably produces as much renewable energy as the total energy it consumes and whether there is any order against the contractor for a violation of an environmental law or regulation.
Among other elements, the bill requires
The Government Accountability Office must report on the individual and aggregate uses of DOD's authority to give preference to contractors that use green manufacturing technology and small businesses that verifiably use green manufacturing technology or operate with net zero energy.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4559 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4559
To require the Secretary of Defense to enhance the readiness of the
Department of Defense to challenges relating to climate change and to
improve the energy and resource efficiency of the Department, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2021
Ms. Escobar (for herself and Mr. Kahele) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To require the Secretary of Defense to enhance the readiness of the
Department of Defense to challenges relating to climate change and to
improve the energy and resource efficiency of the Department, and for
other purposes.
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 ``Department of Defense Climate
Resiliency and Readiness Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Climate change.--The term ``climate change'' means a
change of climate that is--
(A) attributed directly or indirectly to human
activity that alters the composition of the global
atmosphere; and
(B) in addition to natural climate variability
observed over comparable time periods.
(2) Congressional defense committees.--The term
``congressional defense committees'' has the meaning given that
term in section 101(a)(16) of title 10, United States Code.
(3) Green manufacturing technology.--The term ``green
manufacturing technology'' means manufacturing processes that--
(A) use low carbon materials;
(B) reduce carbon emissions or have low global
warming potential during the production of the material
or product; and
(C) use renewable resources to create the material
or product; and
(4) Net zero energy.--The term ``net zero energy'' means a
reduction by an entity in overall energy use, maximization of
energy efficiency, and implementation and use of energy
recovery and cogeneration capabilities, and an offset of the
remaining demand for energy with production of energy from
onsite renewable energy sources, such that as much energy is
produced by the entity as the entity uses over the course of a
year.
(5) Resiliency.--The term ``resiliency'' means, with
respect to each installation of the Department of Defense, an
anticipation, preparation for, and adaptation of each
installation to utility disruptions and changing environmental
conditions, and the achievement and maintenance by such
installation of the capability to withstand, respond to, and
recover rapidly from utility disruptions while ensuring the
sustainment of mission-critical operations.
(6) Non-operational sources.--The term ``non-operational
sources''--
(A) means fixed installations, enduring locations,
and non-tactical vehicles of the Department of Defense;
and
(B) does not include sources in connection with the
training, moving, and sustaining of the Armed Forces
and weapons platforms for military operations and
training, including tactical power systems and
generators at non-enduring locations of the Department
of Defense.
(7) Renewable energy source.--The term ``renewable energy
source'' has the meaning given that term in section 2924(6) of
title 10, United States Code.
(8) United states.--The term ``United States'' means the
several States, the District of Columbia, and any territory or
possession of the United States.
SEC. 3. NET ZERO ENERGY BY NON-OPERATIONAL SOURCES OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--The Department of Defense shall achieve aggregate
net zero energy in use of energy by non-operational sources by not
later than December 31, 2031.
(b) Strategy.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report setting forth the strategy of the
Department of Defense to achieve the requirement under
subsection (a).
(2) Elements.--The report required by paragraph (1) shall
set forth the following:
(A) The strategy of the Department of Defense to
achieve the requirement under subsection (a) for all
installations under the jurisdiction of the Department
(other than the military departments).
(B) The strategy of each military department to
achieve the requirement under subsection (a) for all
installations under the jurisdiction of such
department.
(C) An assessment of the manner in which the
achievement by the Department of Defense of the
requirement under subsection (a) will enhance the
readiness of the Armed Forces to address threats posed
by Russia, China, Iran, North Korea, and violent
extremism.
(3) Biennial update.--Not later than two years after the
submittal of the report required by paragraph (1), and every
two years thereafter through December 31, 2031, the Secretary
shall submit to Congress a report setting forth the following:
(A) A current assessment of the progress of the
Department of Defense in implementing the strategy
described in paragraph (1), set forth by military
department, Defense Agency, and other component or
element of the Department.
(B) Any updates to the strategy.
(4) Consultation.--The Secretary shall consult with the
National Academy of Sciences and a federally funded research
and development center in developing the report required by
paragraph (1) and any update to that report under paragraph
(3).
(c) Waiver.--
(1) In general.--The Secretary of Defense may waive the
requirement in subsection (a) if the Secretary--
(A) determines that achievement of such requirement
would adversely affect operational safety, force
protection, or the national security interests of the
United States; and
(B) submits to the congressional defense committees
a written notification of the waiver, together with a
justification for the waiver.
(2) Period.--The period of any waiver under paragraph (1)
may not exceed 30 days.
(3) Renewal.--Any waiver under this subsection may be
renewed one or more times, in the manner provided for the
initial such waiver under paragraph (1) and for the period
provided for in paragraph (2).
SEC. 4. INCLUSION IN ANNUAL ENERGY MANAGEMENT AND RESILIENCE REPORT OF
DEPARTMENT OF DEFENSE OF LIST OF MILITARY INSTALLATIONS
THAT EMIT THE MOST CARBON AND ESTIMATE OF ENERGY
CONSUMPTION BY DEPARTMENT.
(a) In General.--For every fiscal year beginning after the date of
the enactment of this Act, the Secretary of Defense shall include in
the Annual Energy Management and Resilience Report for that fiscal
year--
(1) a list of the ten installations within each military
department that emit the most carbon;
(2) an estimate of all energy consumption by the Department
of Defense, including greenhouse gas emissions; and
(3) an assessment of greenhouse gas emissions at all
installations of the Department, disaggregated by operational
and non-operational sources.
(b) Metrics.--In determining energy consumption and greenhouse gas
emissions under paragraphs (2) and (3) of subsection (a), the Secretary
shall use metrics established by the Under Secretary of Defense for
Acquisition and Sustainment, in consultation with the National Academy
of Sciences and a federally funded research and development center.
SEC. 5. CLIMATE-CONSCIOUS CONTRACTING OF DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 137 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2339d. Requirements relating to energy consumption and climate
change
``(a) Projected Energy Consumption.--Each Department of Defense
contract for the procurement of property or services entered into on or
after October 1, 2021, shall include a written estimate by the
Department of the total projected energy consumption of all work to be
performed under the contract, and a statement of whether the contract
will include investments by the contractor or the Department in
renewable energy or energy-efficient sources.
``(b) Policy on Consideration of Certain Factors in Determinations
To Award Contracts.--In making any determination to enter into a
contract described in subsection (a), the Secretary of Defense shall
take into account--
``(1) whether the contractor verifiably produces as much
renewable energy as the total energy it consumes; and
``(2) whether there is any order against the contractor by
the Environmental Protection Agency, the Department of Justice,
or a State attorney general to pay a fine or take remedial
action for a violation of an environmental law or regulation of
the United States.
``(c) Disclosure of Climate-Related Risks.--Each prospective
contractor with the Department of Defense shall, as a prerequisite of
bidding for a contract with the Department, submit a detailed statement
to the Department that includes information regarding--
``(1) the identification of, the evaluation of potential
financial impacts of, and any risk-management strategies
relating to--
``(A) physical risks posed to the contractor by
climate change; and
``(B) transition risks posed to the contractor by
climate change; and
``(2) a description of any established corporate governance
processes and structures to identify, assess, and manage
climate-related risks.
``(d) Assessment of Fees To Combat Climate Change.--(1) Each
Department of Defense contract for the procurement of property or
services entered into on or after October 1, 2021, shall include a
requirement that the contractor pay to the Department of Defense a fee
equal to one percent of the value of the contract in the case of a
contractor that is not, at the time of the Department's solicitation of
the contract, verifiably producing as much renewable energy as the
total energy it consumes.
``(2) Any contractor required to pay a fee under paragraph (1) with
respect to a contract may not offset the cost of such fee by increasing
the amount of the proposal for such contract.
``(e) Waiver.--(1) The Secretary of Defense may waive the
requirements in subsections (a) and (b) if the Secretary--
``(A)(i) determines that such requirements would adversely
affect operational safety, force protection, or the national
security interests of the United States; or
``(ii) with respect to particular property or services,
determines that--
``(I) market conditions for the property or
services have adversely affected (or will in the near
future adversely affect) the acquisition of the
property or services by the Department of Defense; and
``(II) the waiver will expedite or facilitate the
acquisition of the property or services; and
``(B) submits to the congressional defense committees a
written notification of the waiver, together with a
justification for the waiver.
``(2) The period of any waiver under paragraph (1) may not exceed
30 days.
``(3) Any waiver under this subsection may be renewed one or more
times, in the manner provided for the initial such waiver under
paragraph (1) and for the period provided for in paragraph (2).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 137 of title 10, United States Code, is amended by inserting
after the item relating to section 2339c the following new item:
``2339d. Requirements relating to energy consumption and climate
change.''.
(c) Energy and Climate Resiliency Fund.--
(1) In general.--There is established in the Treasury of
the United States a fund, to be known as the ``Energy and
Climate Resiliency Fund'' (in this subsection referred to as
the ``Fund''), to be administered by the Secretary of Defense.
(2) Use of amounts.--Amounts deposited in the Fund shall be
used only for climate-related improvements that contribute to
the continued operational viability and the resiliency of the
networks, systems, installations, facilities, and other assets
and capabilities of the Department of Defense.
(3) Deposit and availability of amounts.--Notwithstanding
section 3302 of title 31, United States Code, fees collected
under section 2339d(d) of title 10, United States Code, as
added by subsection (a)--
(A) shall be deposited into the Fund to carry out
the activities described in paragraph (2);
(B) to the extent and in the amounts provided in
advance in appropriations Acts, shall be available to
the Secretary of Defense; and
(C) shall remain available until expended.
(4) Climate-related improvements defined.--In this
subsection, the term ``climate-related improvements'' means
efforts by the Department of Defense to prepare for, or
mitigate the effects of, the following:
(A) Extreme weather.
(B) Rising sea tides.
(C) Increased flooding.
(D) Drought.
(E) Desertification.
(F) Wildfires.
(G) Thawing permafrost.
(H) Such other conditions as the Secretary
determines necessary.
(d) Contracting Preference for Green Manufacturing Technology.--
(1) Contracts for green manufacturing technology.--With
respect to contracts awarded by the Department of Defense, the
Department shall give a preference to qualified contractors.
(2) Policy on consideration of certain factors in
determinations to award contracts.--In making any determination
to enter into a contract described in paragraph (1), the
Secretary of Defense shall take into account--
(A) whether the qualified contractor verifiably
produces as much renewable energy as the total energy
it consumes;
(B) whether the qualified contractor verifiably
uses green manufacturing technology; and
(C) whether there is any order against the
qualified contractor by the Environmental Protection
Agency, the Department of Justice, or a State attorney
general to pay a fine or take remedial action for a
violation of an environmental law or regulation of the
United States.
(3) Verification and reporting of qualified contractors.--
The Secretary of Defense shall prescribe such procedures as may
be necessary for--
(A) contractors to verify that they are qualified
contractors;
(B) qualified contractors meeting the requirements
of paragraph (2) to certify that not more than 25
percent of the amount paid under the contract will be
expended on a subcontract to a contractor that is not
verifiably meeting those requirements, subject to such
necessary and reasonable waivers as the Secretary may
prescribe; and
(C) recording information on each use of the
authority under paragraph (1), including details
relevant to the nature of the contract and the
qualified contractor, and providing that information to
the Comptroller General of the United States.
(4) Comptroller general of the united states report.--
(A) In general.--Not later than five years after
the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
congressional defense committees a report on the
individual and aggregate uses of the authority under
paragraph (1), using such data as may be available up
to that time.
(B) Elements.--The report under subparagraph (A)
shall include--
(i) an assessment of the frequency and
nature of the use of the authority under
paragraph (1); and
(ii) the tendency of contractors to become
qualified contractors in order to qualify for
the authority under paragraph (1).
(5) Qualified contractor defined.--In this subsection, the
term ``qualified contractor'' means a contractor that uses
green manufacturing technology.
(e) Set Aside Contracts for Small Businesses That Use Green
Manufacturing Technology.--
(1) Contracts for green manufacturing technology.--With
respect to contracts awarded by the Department of Defense, the
Department shall award--
(A) in fiscal year 2022, not fewer than five
percent of contracts to qualified small businesses;
(B) by fiscal year 2027, not fewer than 20 percent
of contracts to qualified small businesses; and
(C) by fiscal year 2030, not fewer than 50 percent
of contracts to qualified small businesses.
(2) Policy on consideration of certain factors in
determinations to award contracts.--In making any determination
to enter into a contract described in paragraph (1), the
Secretary of Defense shall take into account--
(A) whether the qualified small business verifiably
produces as much renewable energy as the total energy
it consumes;
(B) whether the qualified small business verifiably
uses green manufacturing technology or operates with
net zero energy; and
(C) whether there is any order against the
qualified small business by the Environmental
Protection Agency, the Department of Justice, or a
State attorney general to pay a fine or take remedial
action for a violation of an environmental law or
regulation of the United States.
(3) Verification and reporting of qualified small
businesses.--The Secretary of Defense shall prescribe such
procedures as may be necessary for--
(A) contractors to verify that they are qualified
small businesses;
(B) qualified small businesses meeting the
requirements of paragraph (2) to certify that not more
than 25 percent of the amount paid under the contract
will be expended on a subcontract to a contractor that
is not verifiably meeting those requirements, subject
to such necessary and reasonable waivers as the
Secretary may prescribe; and
(C) recording information on awards under paragraph
(1), including details relevant to the nature of the
contract and the qualified small business, and
providing that information to the Comptroller General
of the United States.
(4) Comptroller general of the united states report.--
(A) In general.--Not later than five years after
the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
congressional defense committees a report on the
individual and aggregate awards under paragraph (2),
using such data as may be available up to that time.
(B) Elements.--The report under subparagraph (A)
shall include--
(i) an assessment of the frequency and
nature of awards under paragraph (1); and
(ii) the tendency of small business
concerns to become qualified small businesses
in order to qualify for awards under paragraph
(1).
(5) Definitions.--In this subsection:
(A) Qualified small business.--The term ``qualified
small business'' means a small business concern that
verifiably uses green manufacturing technology or
operates with net zero energy.
(B) Small business concern.--The term ``small
business concern'' has the meaning given that term in
section 3 of the Small Business Act (15 U.S.C. 632).
SEC. 6. ANNUAL REPORT ON EFFECTS OF CLIMATE CHANGE ON DEPARTMENT OF
DEFENSE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of
Defense shall submit to the congressional defense committees a report
on vulnerabilities to military installations and combatant commander
requirements resulting from climate change that builds upon the report
submitted under section 335(c) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1358).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An explanation of the underlying methodology behind the
climate vulnerability analysis conducted in preparing the
report under section 335(c) of the National Defense
Authorization Act for Fiscal Year 2018.
(2) An assessment of how climate change affects low-lying
military installations, military installations of the Navy and
the Marine Corps, and military installations outside the United
States.
(3) An assessment of how climate change affects access of
members of the Armed Forces to training ranges.
(4) With respect to a military installation in a country
outside the United States, an assessment of the collaboration
between the Department of Defense and the military or civilian
agencies of the government of that country or nongovernmental
organizations operating in that country to adapt to risks from
climate change.
(5) An assessment of how climate change affects housing
safety and food security on military installations.
(6) An assessment of the strategic benefits derived from
isolating infrastructure of the Department of Defense in the
United States from the national electric grid and the use of
energy-efficient, distributed, and smart power grids by the
Armed Forces in the United States and overseas to ensure
affordable access to electricity.
(7) A list of the ten military installations within each
military department that are most vulnerable to climate change
based on the effects of the following:
(A) Geographic location.
(B) Extreme weather.
(C) Rising sea tides.
(D) Increased flooding.
(E) Drought.
(F) Desertification.
(G) Wildfires.
(H) Thawing permafrost.
(I) Such other categories as the Secretary
determines necessary.
(8) A climate vulnerability score, determined by the
Secretary, for each military installation of the Department.
(9) An overview of mitigations, in addition to current
efforts undertaken by the Department, that may be necessary to
ensure the continued operational viability and to increase the
resiliency of the vulnerable military installations identified
under paragraph (7), and the estimated costs of those
mitigations.
(10) An assessment of how adapting to climate change
impacts the readiness of the Armed Forces to address the
threats posed by Russia, China, Iran, North Korea, and violent
extremism.
(c) Consultation.--In developing each report under subsection (a),
the Secretary of Defense shall consult with the Administrator of the
Environmental Protection Agency, the Secretary of Energy, the
Administrator of the National Oceanic and Atmospheric Administration,
the Administrator of the Federal Emergency Management Agency, the
Commander of the Army Corps of Engineers, the Administrator of the
National Aeronautics and Space Administration, a federally funded
research and development center, and the heads of such other relevant
Federal agencies as the Secretary of Defense determines appropriate.
(d) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form but may contain a classified annex if
necessary.
(e) Publication.--Upon submittal of the report required by
subsection (a), the Secretary of Defense shall publish the unclassified
portion of the report on an Internet website of the Department of
Defense that is available to the public.
SEC. 7. INCORPORATION OF CLIMATE RESILIENCY INTO EXISTING STRATEGIES OF
THE DEPARTMENT OF DEFENSE.
(a) Consideration of Risks of Climate Change in Making Strategic
Decisions Relating to Military Installations.--The Secretary of each
military department, with respect to any installation under the
jurisdiction of that Secretary, and the Secretary of Defense, with
respect to any installation of the Department of Defense that is not
under the jurisdiction of the Secretary of a military department, shall
consider the risks associated with climate change when making any
strategic decision relating to such installation, including where to
locate such installation and where to position equipment,
infrastructure, and other military assets.
(b) Codification of Directive on Climate Change.--
(1) In general.--Directive 4715.21 of the Department of
Defense, dated January 14, 2016, and entitled ``Climate Change
Adaptation and Resilience'', shall remain in effect.
(2) Reports on implementation of directive.--Each posture
statement submitted to Congress by the Secretary of a military
department, the Chairman of the Joint Chiefs of Staff, or the
commander of a combatant command shall include a description of
the implementation and discharge by such official of the
Directive referred to in paragraph (1), including the personnel
assigned to implement and discharge the Directive and the
progress achieved in such implementation and discharge.
(c) Incorporation of Climate Change Into Certain Defense
Strategies.--
(1) In general.--The Secretary of Defense, in coordination
with the heads of other elements of the intelligence community,
the Administrator of the Environmental Protection Agency, the
Secretary of Energy, the Administrator of the National Oceanic
and Atmospheric Administration, the Administrator of the
Federal Emergency Management Agency, the Commander of the Army
Corps of Engineers, the Administrator of the National
Aeronautics and Space Administration, and the heads of such
other relevant Federal agencies as the Secretary of Defense
determines appropriate, shall incorporate climate change into
the National Defense Strategy, the National Military Strategy,
and operational plans of the Department of Defense.
(2) Intelligence community defined.--In this subsection,
the term ``intelligence community'' has the meaning given that
term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(d) Implementation and Discharge of Requirements.--
(1) Cross-functional team on incorporation of climate
resiliency into defense strategies.--Among the cross-functional
teams established by the Secretary of Defense pursuant to
subsection (c) of section 911 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2345; 10 U.S.C. 111 note) in support of the
organizational strategy for the Department of Defense required
by subsection (a) of that section, the Secretary shall
establish a cross-functional team on the implementation and
discharge of the requirements under this section.
(2) Establishment and activities.--The cross-functional
team required by paragraph (1) shall be established in
accordance with subsection (c) of section 911 of the National
Defense Authorization Act for Fiscal Year 2017, and shall be
governed in its activities in accordance with the provisions of
such subsection (c).
(3) Deadline for establishment.--The cross-functional team
required by paragraph (1) shall be established by not later
than 90 days after the date of the enactment of this Act.
SEC. 8. RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM ON ENERGY
STORAGE, HYBRID MICROGRID, AND ENERGY RESILIENCY.
(a) Program Required.--The Secretary of Defense, in consultation
with the Secretary of Energy, shall conduct a program of research,
development, and demonstration of hybrid microgrid systems and electric
grid energy storage.
(b) Multidisciplinary Teams.--
(1) In general.--In carrying out the program under
subsection (a), the Secretary of Defense shall organize
activities among multidisciplinary teams to leverage, to the
maximum extent practicable, expertise from the Department of
Energy, the National Laboratories, institutions of higher
education, and the private sector.
(2) Goals.--The multidisciplinary teams organized under
paragraph (1) shall pursue aggressive, milestone-driven, and
basic research, development, and demonstration goals to carry
out the program under subsection (a).
(3) Resources.--The Secretary of Defense shall provide
sufficient resources to the multidisciplinary teams organized
under paragraph (1) to achieve the goals described in paragraph
(2) over a ten-year period.
(c) Areas of Focus.--The program under subsection (a) shall focus
on--
(1) addressing electrical power intermittency;
(2) integrating renewable energy sources into microgrid
systems, hybrid microgrid systems, energy storage, grid
security, and local generation of zero-carbon fuels;
(3) the inspection and structural health monitoring of
critical energy infrastructure;
(4) materials, electric thermal, electromechanical, and
electrochemical systems research;
(5) power conversion technologies research;
(6) developing and using fuel-efficient engines;
(7) additive manufacturing;
(8) developing--
(A) empirical and science-based industry standards
to compare the storage capacity, cycle length and
capabilities, and reliability of different types of
electricity storage; and
(B) validation and testing techniques;
(9) other fundamental and applied research critical to
widespread deployment of electricity storage;
(10) device development that builds on results from
research described in paragraphs (4), (5), and (9), including
combinations of power electronics, advanced optimizing
controls, and energy storage as a general purpose element of
the electric grid;
(11) micro-scale testing and analysis of storage devices,
including test-beds and field trials;
(12) microgrid systems and hybrid microgrid systems to
increase the resilience of critical infrastructure of the
Department of Defense;
(13) the potential for energy storage and renewable
resources, including wind, solar, and hydropower, to be
integrated into microgrid systems or hybrid microgrid systems
of installations of the Department of Defense;
(14) the capacity of the workforce of the Department of
Defense to operate, maintain, and repair a microgrid system or
hybrid microgrid system;
(15) opportunities to develop the capacity to operate,
maintain, and repair a hybrid microgrid system;
(16) leveraging existing capacity within local or regional
research organizations, such as organizations based at
institutions of higher education, to support development of
hybrid microgrid systems, including by testing novel components
and systems prior to field deployment;
(17) electricity storage device safety and reliability,
including potential failure modes, mitigation measures, and
operational guidelines;
(18) standards for performance, control interface, grid
interconnection, and interoperability of electricity storage
devices;
(19) maintaining a public database of energy storage
projects, policies, codes, standards, and regulations; and
(20) such other criteria as the Secretary of Defense, in
consultation with the Secretary of Energy, determines
appropriate.
(d) Collaboration.--The program under subsection (a) shall be
carried out in collaboration with relevant stakeholders, including, as
appropriate--
(1) States;
(2) Indian tribes;
(3) regional entities and regulators;
(4) units of local government;
(5) institutions of higher education, including
historically Black colleges or universities and other minority-
serving institutions; and
(6) private sector entities.
(e) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter until 2031,
the Secretary of Defense shall submit to the congressional
defense committees a report on the efforts to implement the
program under subsection (a), including any strategy developed
to implement such program.
(2) Classified annex.--The report under paragraph (1) shall
be submitted in unclassified form but may contain a classified
annex if necessary.
(3) Publication.--Upon submittal of the report under
paragraph (1), the Secretary shall publish the unclassified
portion of the report on an Internet website of the Department
that is available to the public.
(f) Assistance to States.--The Secretary of Defense may provide
technical and financial assistance to States, Indian tribes, units of
local government, institutions of higher education, or private sector
entities to participate in or use research, development, or
demonstration of technology developed under this section.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Defense to carry out this section the
following:
(1) For fiscal year 2022, $10,000,000.
(2) For fiscal year 2023, $25,000,000.
(3) For fiscal year 2024, $50,000,000.
(4) For fiscal year 2025, $75,000,000.
(5) For fiscal year 2026, $125,000,000.
(6) For fiscal year 2027, $200,000,000.
(7) For each of fiscal years 2028 through 2030,
$250,000,000.
(h) No Effect on Other Provisions of Law.--Nothing in this section
authorizes regulatory actions that would duplicate or conflict with
regulatory requirements, mandatory standards, or related processes
under section 215 of the Federal Power Act (16 U.S.C. 824o).
(i) Use of Funds.--To the maximum extent practicable, in carrying
out this section, the Secretary of Defense shall ensure that the use of
funds to carry out this section is coordinated with the Secretary of
Energy and among different offices within the Grid Modernization
Initiative of the Department of Energy and other programs conducting
energy storage research.
(j) Definitions.--In this section:
(1) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C. 1061(2)).
(2) Hybrid microgrid system.--The term ``hybrid microgrid
system'' means a stand-alone electrical system that--
(A) is comprised of conventional generation and at
least one alternative energy resource; and
(B) may use grid-scale energy storage.
(3) Microgrid system.--The term ``microgrid system'' means
a standalone electrical system that uses grid-scale energy
storage.
(4) National laboratory.--The term ``National Laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
SEC. 9. CONDITIONS ON BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH BASE CLOSURE ACCOUNT OF DEPARTMENT OF DEFENSE.
(a) Consideration of Factors Required.--With respect to any Base
Realignment and Closure round begun by the Department of Defense after
the date of the enactment of this Act, the Department shall consider
current and potential vulnerabilities to installations and operations
of the Department of Defense resulting from climate change and the
resiliency of installations of the Department.
(b) Base Realignment and Closure Round Defined.--In this section,
the term ``Base Realignment and Closure round'' means base realignment
and closure activities, including real property acquisition and
military construction projects, as authorized by the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) and funded through the Department of
Defense Base Closure Account established by section 2906 of such Act
(as amended by section 2711 of the Military Construction Authorization
Act for Fiscal Year 2013 (division B of Public Law 112-239; 126 Stat.
2140)).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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