Depend on Domestic Clean Energy Act or the DOD Clean Energy Act
This bill addresses energy policy and climate resilience efforts of the Department of Defense (DOD), including by establishing in statute specified DOD clean energy targets, providing direct hire authority for DOD to appoint qualified candidates in positions that support the energy independence and climate resilience efforts, and authorizing DOD to develop charging or refueling stations for alternative fuel vehicles on its installations.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7882 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7882
To amend title 10, United States Code, to codify certain clean energy
targets of the Department of Defense, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 27, 2022
Mr. Casten (for himself, Mr. Crow, Mr. Moulton, Mr. Gallego, and Ms.
Escobar) introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to codify certain clean energy
targets of the Department of Defense, 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 ``Depend on Domestic Clean Energy
Act'' or the ``DOD Clean Energy Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Department of Defense, the agency charged with
protecting the national security of the United States, observed
as early as 1990 that climate change threatens our military
readiness.
(2) As of 2019, the Department of Defense is the single
largest consumer of energy in the United States, and the single
largest institutional consumer of petroleum in the world.
(3) Since 2001, the Department of Defense has consistently
consumed between 77 and 80 percent of all energy consumption of
the United States Government.
(4) As climate change brings more extreme weather, water
and soil stress, sea-level rise, ocean acidification, glacial
melt, and pollution, greater global tensions over food and
water insecurity, resource scarcity, living patterns, and
climate-related migration will emerge.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that any unobligated amounts for the
Energy Resilience and Conservation Investment Program of the Department
of Defense at the end of fiscal year 2022 should remain available for
obligation by the Department after such fiscal year for deserving
projects so that the Department is able to appropriately vet those
projects while increasing staffing.
SEC. 4. CODIFICATION OF CERTAIN DEPARTMENT OF DEFENSE CLEAN ENERGY
TARGETS.
(a) Codification.--Section 2911(g) of title 10, United States Code,
is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by striking paragraphs (1) and (2) and inserting the
following new paragraphs (1) through (3):
``(1) It shall be the target of the Department of Defense, with
respect to the activities, personnel, resources, and facilities of the
Department located within the United States--
``(A) to achieve at least 40 percent carbon pollution-free
electricity on a net annual basis by 2024 within all such
facilities of the Department;
``(B) to achieve 100 percent carbon pollution-free
electricity on a net annual basis by 2030 within all such
facilities of the Department;
``(C) to reduce emissions from installation procurement by
at least 20 percent by 2024 and to achieve net-zero emissions
from installation procurement by 2050;
``(D) to reduce emissions from buildings on Department
installations by 50 percent by 2032 and to achieve net-zero
emissions from buildings on installations by 2045;
``(E) to reduce emissions from Department operations by 65
percent by 2030 and support the achievement of net-zero
emissions from Department operations by 2050; and
``(F) to achieve 100 percent zero-emission vehicle
acquisitions for nontactical vehicles by 2035, including 100
percent zero-emission light-duty vehicle acquisitions by 2027,
and to work towards 100 percent zero-emission tactical vehicle
acquisitions by 2045.
``(2) The Secretary of Defense may issue an exemption to the
targets under paragraph (1) with respect to an activity of an agency,
and any related personnel, resources, and facilities if the Secretary--
``(A) determines that the exemption is in the national
security interests of the United States; and
``(B) submits to the congressional defense committees
notice in writing of the exemption within 30 days of issuing
the exemption.
``(3)(A) The Secretary of Defense shall submit to the congressional
defense committees an annual report on the progress the Department of
Defense has made towards achieving the targets under paragraph (1).
Each such report shall cover activities to achieve such targets
conducted during the year preceding the date of the submittal of the
report and shall include--
``(i) an identification of outstanding funding and staffing
resources need to implement such activities;
``(ii) a description of any planned activities the
Secretary intends to carry out in order to meet such targets,
including how the Office of the Secretary of Defense, the
military departments, and Defense agencies plan to collaborate
to implement such activities; and
``(iii) a plan to increase production of renewable energy
on Department of Defense installations and pursue any energy
reduction or conservation efforts.
``(B) Each report under subparagraph (A) shall be made publicly
available on an appropriate website of the Department of Defense.'';
and
(3) by adding at the end the following new paragraph:
``(5) The Secretary of Defense shall delegate the responsibility
for carrying out this subsection to the Assistant Secretary of Defense
for Energy, Installations, and Environment.''.
(b) Non-Domestic Application of Targets.--The Secretary of Defense
may apply, in whole or in part, the targets set forth in section
2911(g)(1) of title 10, United States Code, as amended by subsection
(a), with respect to the activities, personnel, resources, and
facilities of the Department of Defense located outside of the United
States if the Secretary determines such application to be in the
interest of the United States.
SEC. 5. DIRECT HIRE AUTHORITY FOR POSITIONS SUPPORTING DEPARTMENT OF
DEFENSE ENERGY INDEPENDENCE AND CLIMATE RESILIENCE
EFFORTS.
Chapter 81 of title 10, United States Code, is amended by adding at
the end the following new section (and conforming the table of sections
at the beginning of such chapter accordingly):
``Sec. 1599j. Direct hire authority for positions supporting Department
of Defense energy independence and climate resilience
efforts
``(a) Authority.--The Secretary of Defense may appoint in the
Department of Defense, without regard to the provisions of subchapter I
of chapter 33 of title 5, other than sections 3303 and 3328 of such
title, qualified candidates to positions described in subsection (b)
who possess skills and experience the Secretary determines are
necessary to support the sustainability efforts of the Department of
Defense.
``(b) Positions.--The positions described in this subsection are
all positions involved in supporting the energy independence and
climate resilience efforts of the Department, including the following:
``(1) Any position under the Assistant Secretary of Defense
for Energy, Installations, and Environment.
``(2) Any position that supports the remediation or
response efforts of the Department with respect to
perfluoralkyl substances and polyfluoroalkyl substances.
``(3) Any position that supports the environmental
stewardship programs of the Department.
``(4) Any position that supports the efforts of the
Department to meet the energy resilience and security goals
outlined in--
``(A) section 203 of the Energy Policy Act of 2005
(42 U.S.C. 15852);
``(B) the Energy Independence and Security Act of
2007 (42 U.S.C. 17001 et seq.); or
``(C) section 2911(g) of this title.
``(5) Any position that supports the Chief Sustainability
Officer of the Department.
``(6) Any other position the Secretary determines is
essential to advancing the energy independence and climate
resilience efforts of the Department.''.
SEC. 6. INVESTMENT IN AND DEVELOPMENT OF ENERGY EFFICIENT TECHNOLOGY BY
DEPARTMENT OF DEFENSE.
(a) Authorities of Department Relating to Climate and Energy
Resilience.--
(1) Charging and refueling stations for alternative fuel
vehicles.--
(A) In general.--The Secretary of Defense may carry
out the development of charging or refueling stations
for alternative fuel vehicles on installations of the
Department of Defense under the authorities, and using
the funding methods, specified in subparagraph (B).
(B) Authorities specified.--The authorities and
funding methods specified in this paragraph are the
following:
(i) Sections 2805 and 2912 of title 10,
United States Code.
(ii) The authority under section 2913(d) of
such title, to enter into agreements with
utilities for the purpose of providing or
operating such charging or refueling stations.
(iii) The authority under section 2914 of
such title (known as the Energy Resilience and
Conservation Investment Program).
(iv) Energy savings performance contracts.
(v) Utility energy services contracts.
(vi) Other funding mechanisms financed by
non-Department entities for the deployment of
alternative fuel vehicles and related charging
or refueling infrastructure.
(2) Renewable energy utilities for power management at
installations.--The Secretary of Defense, in carrying out the
Energy Resilience and Conservation Investment Program, may
enter into public-private partnerships with nongovernmental
entities determined appropriate by the Secretary under such
Program for the purpose of developing renewable energy
utilities for power management at installations of the
Department.
(b) Review of Investment by Department in Alternatively Fueled
Vehicles.--
(1) In general.--The Secretary of Defense, acting through
the Director of Cost Assessment and Program Evaluation, shall
conduct a strategic review of the investment by the Department
of Defense in alternative fuel vehicles.
(2) Elements.--The review under paragraph (1) shall include
the following:
(A) An assessment of funding levels for investment
by the Department in alternative fuel vehicles and
associated trends for such investment across programs
and Armed Forces.
(B) An assessment of any duplication of efforts
relating to such investment across programs and Armed
Forces.
(C) An assessment of the long-term availability to
the Department of internal combustion engines and spare
parts for such engines.
(D) An assessment of the relative tactical benefits
and limitations of each type of vehicle propulsion
(such as speed, acceleration, noise production, time to
refuel or recharge, range, and operational duration),
across the various types of military missions.
(E) An assessment of the relative tactical benefits
and limitations of each type of vehicle propulsion with
respect to the provision of support to other tactical
systems requiring electricity.
(F) An assessment of how the propulsion systems of
electrical and other alternative fuel vehicles may be
fueled on the battlefield and of what investments may
be necessary to maintain such a fueling system.
(G) A comparison of the relative risk to Department
personnel and to the supply chain between different
fuel types, to determine the tradeoffs associated with
the adoption of any given fuel type.
(H) A projected timeline of when a potential
conversion to the use of alternative fuel vehicles as
tactical vehicles could reasonably occur without
causing a significant effect on the readiness of the
Armed Forces, as determined by the Secretary.
(I) The projected costs of converting (or
replacing) and sustaining alternative fuel vehicles as
tactical vehicles, to include training, in total and
for the two-year period following the date of the
review.
(J) An assessment of any national security
implications relating to the use and effects on the
supply chain of alternative fuel vehicles and the
source materials of such vehicles.
(K) Recommendations for further coordination of
efforts of the Department and any legislative or
organizational changes that may improve the
coordination or alignment of investment by the
Department in the operationalization of alternative
energy sources.
(L) Such other elements as the Secretary considers
appropriate.
(3) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report on the review under paragraph (1).
(c) Authorizations of Appropriations.--
(1) Defense innovation unit.--There is authorized to be
appropriated to the Department of Defense $8,000,000 for fiscal
year 2023, for the purpose of carrying out activities under the
energy division of the Defense Innovation Unit to leverage
advancements in energy and materials technology, enhance
capabilities, and strengthen energy resilience across military
installation and distributed operations, including with respect
to alternative fuel vehicles and the fuel efficiency of
vehicles.
(2) Sustainable technology evaluation and demonstration
program.--There is authorized to be appropriated to the
Department of Defense $5,000,000 for fiscal year 2023, for the
purpose of carrying out activities under the Sustainable
Technology Evaluation and Demonstration program of the
Department for the evaluation and demonstration of, and the
transition to, sustainable technologies that reduce military
installation and operational energy consumption.
(3) Strategic environmental research and development
program.--There is authorized to be appropriated to the
Department of Defense $18,000,000 for fiscal year 2023, for the
purpose of carrying out activities under the Installation
Energy and Water program, or any successor program, of the
Strategic Environmental Research and Development program of the
Department.
(d) Definitions.--In this section:
(1) The term ``alternative fuel vehicle'' includes a
vehicle that uses--
(A) a fuel or power source described in the first
sentence of section 241(2) of the Clean Air Act (42
U.S.C. 7581(2)); or
(B) propane.
(2) The term ``energy savings performance contract'' has
the meaning given that term in section 804(3) of the National
Energy Conservation Policy Act (42 U.S.C. 8287c(3)).
SEC. 7. INDEPENDENT STUDY ON SCOPE 3 EMISSIONS RESULTING FROM CERTAIN
DEPARTMENT OF DEFENSE ACTIVITIES.
(a) Independent Study.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally funded research and development center
to conduct a study on the scope 3 emissions resulting from certain
activities of the Department of Defense, including such activities
carried out under contracts or other agreements, in accordance with the
guidance of the Environmental Protection Agency titled ``Scope 3
Inventory Guidance'' (relating to scope 3 emissions), or any successor
guidance.
(b) Elements.--The study referred to in subsection (a) shall
include a comprehensive review and assessment of the following:
(1) Any contracts or other agreements relating to
manufacturing that the Secretary of Defense has entered into.
(2) The extent to which, in performing work under such
contracts or other agreements, contractors and other partners
track greenhouse gas emissions.
(3) The known greenhouse gas emissions that occur within
the supply chain of the Department.
(c) Report.--
(1) Submission to secretary.--The terms of the contract
under subsection (a) shall include a requirement that the
federally funded research and development center that conducts
the study under the contract to submit to the Secretary of
Defense a report on the results of the study, which shall
include an identification of the following:
(A) Considerations and recommendations for the
reduction of greenhouse gas emissions of contractors
and other partners performing work under contracts or
other agreements with the Department.
(B) Any existing alternatives that produce lower
greenhouse gas emissions while still aligning with the
national security interests of the United States and
the priorities set forth in the national defense
strategy.
(C) Any legislative recommendations to--
(i) support and facilitate implementation
of the national defense strategy with respect
to climate- and environmental-related goals; or
(ii) reduce greenhouse gas emissions
through modernization of the supply chain of
the Department.
(2) Submission to congress.--Upon receiving the report on
the results of the study under paragraph (1), the Secretary of
Defense shall submit to the congressional defense committees an
unedited copy of such report, together with the written
perspectives of the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff with respect to the results.
(3) Form.--The report submitted under paragraph (2) shall
be submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) The term ``national defense strategy'' means the review
of the defense programs and policies of the United States that
is carried out every four years under section 113(g) of title
10, United States Code.
(2) The term ``scope 3 emissions'' means emissions that
result from activities of a Federal department or agency but
are generated from sources that are neither owned nor
controlled by the Federal department or agency.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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