[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3585 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3585
To amend title 10, United States Code, to reform Department of Defense
energy policy, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 14, 2010
Mr. Udall of Colorado (for himself and Mr. Bennet) introduced the
following bill; which was read twice and referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to reform Department of Defense
energy policy, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
Defense Energy Security Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Consideration of Department of Defense energy performance plan
in other Department of Defense planning.
Sec. 3. Procurement preference for goods and services derived using
sustainable practices.
Sec. 4. Renewable energy generation sources for Department of Defense
energy needs.
Sec. 5. Consideration of environmentally sustainable practices in
Department energy performance plan.
Sec. 6. Application of requirements regarding use of renewable forms of
energy and energy efficient products to
contractors operating Government-owned
facilities and tenants and concessionaires.
Sec. 7. Funding for energy conservation projects.
Sec. 8. Improved building efficiency for Department of Defense
facilities.
Sec. 9. Conversion of Department of Defense fleet of non-tactical motor
vehicles to electric and hybrid motor
vehicles.
Sec. 10. Research and development activities to incorporate hybrid-
drive technology into current and future
tactical fleet of military ground vehicles.
Sec. 11. Development of biofuel derived from materials that do not
compete with food stocks and is suitable
for use as aviation fuel.
Sec. 12. Implementation.
Sec. 13. Waiver authority.
SEC. 2. CONSIDERATION OF DEPARTMENT OF DEFENSE ENERGY PERFORMANCE PLAN
IN OTHER DEPARTMENT OF DEFENSE PLANNING.
Section 2911(b) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The energy performance plan shall be taken into consideration
in the development of the following:
``(A) The National Security Strategy prescribed by the
President pursuant to section 108 of the National Security Act
of 1947 (50 U.S.C. 404a).
``(B) The annual report of the Secretary of Defense
submitted to the President and Congress pursuant to section 113
of this title.
``(C) The Quadrennial Defense Review conducted by the
Secretary of Defense pursuant to section 118 of this title and
the national defense strategy delineated as part of that
review.
``(D) The national military strategy prescribed by the
Chairman of the Joint Chiefs of Staff under section 153 of this
title.''.
SEC. 3. PROCUREMENT PREFERENCE FOR GOODS AND SERVICES DERIVED USING
SUSTAINABLE PRACTICES.
(a) Conversion Required.--Subchapter II of chapter 173 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2922g. Procurement preference for goods and services derived
using sustainable practices
``(a) General Preference.--In the acquisition of goods and
services, the Secretary of each military department and the head of
each Defense Agency shall give a preference to goods and services
produced using, or otherwise utilizing, sustainable environmental
practices, including goods and services that are environmentally
preferable, energy-efficient, water-efficient, and contain recycled
content.
``(b) Preference for Post-Consumer Content Paper.--Except as
specifically exempted by the Secretary concerned, all paper used by the
Department of Defense shall contain at least 30 percent post-consumer
fiber content.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2922g. Procurement preference for goods and services derived using
sustainable practices.''.
SEC. 4. RENEWABLE ENERGY GENERATION SOURCES FOR DEPARTMENT OF DEFENSE
ENERGY NEEDS.
(a) Department of Defense Renewable Energy Goals.--Section 2911(e)
of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Of the amounts of electric energy produced or procured from
renewable energy sources to achieve the goals in section 203(a) of the
Energy Policy Act of 2005 (42 U.S.C. 15852(a)) for fiscal year 2011 and
each subsequent fiscal year, and in paragraph (1)(A)--
``(A) at least 50 percent shall be produced or procured
from renewable energy sources that became fully operational
after January 1, 1999; and
``(B) at least 20 percent shall be produced or procured
from renewable energy sources that became fully operational
after September 30, 2009.''.
(b) Implementation Plan.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Congress a plan for meeting the goals described in paragraph (2) of
section 2911(e) of title 10, United States Code (as amended by
subsection (a) of this section), in conformance with the requirements
of that paragraph.
SEC. 5. CONSIDERATION OF ENVIRONMENTALLY SUSTAINABLE PRACTICES IN
DEPARTMENT ENERGY PERFORMANCE PLAN.
Section 2911(c) of title 10, United States Code, is amended--
(1) in paragraph (4), by inserting ``and hybrid-electric
drive'' after ``alternative fuels'';
(2) by redesignating paragraph (9) as paragraph (11) and
paragraphs (5) through (8) as paragraphs (6) through (9),
respectively;
(3) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Opportunities for the high-performance construction,
lease, operation, and maintenance of buildings.''; and
(4) by inserting after paragraph (9) (as redesignated by
paragraph (2)) the following new paragraph:
``(10) The value of incorporating electric, hybrid-
electric, and high-efficiency vehicles into vehicle fleets.''.
SEC. 6. APPLICATION OF REQUIREMENTS REGARDING USE OF RENEWABLE FORMS OF
ENERGY AND ENERGY EFFICIENT PRODUCTS TO CONTRACTORS
OPERATING GOVERNMENT-OWNED FACILITIES AND TENANTS AND
CONCESSIONAIRES.
Section 2915 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Application to Contractors Operating Government-Owned
Facilities and Tenants and Concessionaires.--(1) The Secretary of
Defense shall require that any contract described in paragraph (2)
entered into by the Secretary of a military department or the head of a
Defense Agency after September 30, 2010, includes a provision requiring
the non-Federal party to the contract to comply with the requirements
of this section regarding use of renewable forms of energy and energy
efficient products.
``(2) Paragraph (1) applies to the following contracts:
``(A) A contract providing for contractor operation of a
Government-owned facility of the Department of Defense.
``(B) A contract involving a permit, lease, license, or
other legally binding obligation between the Department and a
tenant or concessionaire.
``(3) The Secretary of Defense may authorize an exception to
paragraph (1) on a contract-by-contract basis.''.
SEC. 7. FUNDING FOR ENERGY CONSERVATION PROJECTS.
(a) Authorization To Obligate Funds.--The Secretary of Defense may
obligate, from amounts appropriated pursuant to the authorization of
appropriations in section 2403 of the Military Construction
Authorization for Fiscal Year 2011 to carry out energy conservation
projects, $290,000,000 to carry out energy conservation projects under
chapter 173 of title 10, United States Code, to accelerate
implementation of the energy performance plan of the Department of
Defense and achievement of the energy performance goals established
under section 2911 of such title, as amended by this Act.
(b) Authorization of Appropriations To Compensate for Deficiency.--
There is authorized to be appropriated to the Secretary of Defense an
amount equal to the difference between--
(1) the amount that may be obligated by the Secretary of
Defense under subsection (a); and
(2) the amount appropriated pursuant to the authorization
of appropriations in section 2403 of the Military Construction
Authorization for Fiscal Year 2011 to carry out energy
conservation projects.
SEC. 8. IMPROVED BUILDING EFFICIENCY FOR DEPARTMENT OF DEFENSE
FACILITIES.
(a) Insulation Retrofitting Assessment.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress an assessment of--
(1) the potential for improving the insulation of
Department of Defense facilities; and
(2) the savings that would be generated by retrofitting, to
improve insulation, all Department facilities that are not
scheduled for replacement under the future-years defense
program submitted to Congress during fiscal year 2011 under
section 221 of title 10, United States Code.
(b) Energy and Water Evaluations.--
(1) Evaluations required.--Energy managers for Department
of Defense facilities shall complete an annual comprehensive
energy and water evaluation for at least 25 percent of the
Department facilities. Each Department facility shall be
evaluated at least once every four years.
(2) Elements.--An evaluation shall, with respect to each
facility--
(A) identify, through means including a
recommissioning or retrocommissioning process, measures
to improve the energy and water efficiency of the
facility, including the efficiency of--
(i) lighting, heating, ventilating, and
air-conditioning systems;
(ii) combined heat and power systems; and
(iii) the building envelope (including
insulation, roofing, and windows); and
(B) assess the feasibility and life cycle cost-
effectiveness of--
(i) implementing the measures identified in
subparagraph (A); and
(ii) providing on-site renewable
electricity generation.
(3) Implementation of identified energy and water
efficiency measures.--Not later than two years after the
completion of each evaluation under this subsection, the energy
manager shall--
(A) implement any measure assessed under clause (i)
or (ii) of paragraph (2)(B) to be feasible and life
cycle cost-effective; and
(B) in implementing measures under subparagraph
(A), bundle individual measures of varying paybacks
together into combined projects.
(4) Follow-up on implemented measures.--For each measure
implemented under paragraph (3), the energy manager shall
ensure that--
(A) equipment, including building and equipment
controls, is fully commissioned at acceptance to be
operating at design specifications;
(B) a plan for appropriate operations, maintenance,
and repair of the equipment is in place at acceptance
and is followed;
(C) equipment and system performance is measured
during its entire life to ensure proper operations,
maintenance, and repair; and
(D) energy and water savings are measured and
verified.
(5) Certain facilities exempted.--This subsection does not
apply to facilities that are scheduled for replacement under
the future-years defense program submitted to Congress during
fiscal year 2011 under section 221 of title 10, United States
Code.
(6) Life cycle cost-effective defined.--In this subsection,
the term ``life cycle cost-effective'', with respect to a
measure, means a measure, the estimated net savings of which
(including savings in estimated energy and water costs and
operations, maintenance, repair, replacement, and other direct
costs) exceed the estimated costs, including the cost of the
initial implementation of the measure but not financing costs,
over the lifespan of the measure. The Secretary of Defense may
make such modifications and provide such exceptions to the
calculation of the payback period of a measure as the Secretary
determines to be appropriate to achieve the purposes of this
Act.
(7) Authorization to obligate funds.--The Secretary of
Defense may obligate, from funds authorized to be appropriated
for the Department of Defense for fiscal year 2011 for
operation and maintenance such sums as are necessary to carry
out this subsection.
(8) Rule of construction.--This subsection shall not be
construed to require or to obviate any contractor savings
guarantees.
(9) Commencement.--The requirement imposed by this
subsection shall commence 180 days after the date of enactment
of this Act.
(c) Installation of High-Efficiency Insulation on Facilities at
Forward Operating Locations.--The Secretary of each military department
shall require the installation of high-efficiency insulation on any
climate-controlled structure at a forward operating location of the
Armed Forces under the jurisdiction of the Secretary if the Secretary
determines that inclusion of high-efficiency insulation will result in
a reduction in energy use and will be life cycle cost-effective.
(d) Goal To Develop On-Site Renewable Electricity Generation.--The
Secretary of Defense shall ensure that, of the total energy anticipated
to be consumed in a fiscal year by facilities constructed after fiscal
year 2020, at least 20 percent of the energy is derived from renewable
electricity generation occurring on the parcels on which new facilities
will be located.
SEC. 9. CONVERSION OF DEPARTMENT OF DEFENSE FLEET OF NON-TACTICAL MOTOR
VEHICLES TO ELECTRIC AND HYBRID MOTOR VEHICLES.
(a) Conversion Required.--
(1) In general.--Subchapter II of chapter 173 of title 10,
United States Code, is amended by inserting after section 2922c
the following new section:
``Sec. 2922c-1. Conversion of Department of Defense non-tactical motor
vehicle fleet to motor vehicles using electric or hybrid
propulsion systems
``(a) Deadline for Conversion.--Not later than September 30, 2015,
the Secretary of each military department and the head of each Defense
Agency shall convert the fleet of non-tactical motor vehicles of the
department or Defense Agency that is powered by petroleum-derived fuel
to motor vehicles using--
``(1) electric propulsion;
``(2) hybrid propulsion; or
``(3) an alternative propulsion system with at least a 30
percent net increase in energy efficiency per vehicle over the
conventional propulsion system.
``(b) Preference.--To comply with the deadline specified in
subsection (a), in procuring motor vehicles for use by a military
department or Defense Agency after the date of the enactment of this
section, the Secretary of the military department or the head of the
Defense Agency shall provide a preference for the procurement of non-
tactical motor vehicles with a propulsion system described in paragraph
(1), (2), or (3) of subsection (a), including plug-in hybrid systems,
if the motor vehicles--
``(1) will meet the requirement or the need for the
procurement; and
``(2) are commercially available at a cost reasonably
comparable, on the basis of life-cycle cost, to motor vehicles
containing only an internal combustion or heat engine using
combustible fuel.
``(c) Exception.--This section shall not apply to motor vehicles
that are on a replacement cycle greater than 10 years on the date of
the enactment of this section.
``(d) Hybrid Defined.--In this section, the term `hybrid', with
respect to a motor vehicle, means a motor vehicle that draws propulsion
energy from onboard sources of stored energy that are both--
``(1) an internal combustion or heat engine using
combustible fuel; and
``(2) a rechargeable energy storage system.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 2922c the following new item:
``2922c-1. Conversion of Department of Defense non-tactical motor
vehicle fleet to motor vehicles using
electric or hybrid propulsion systems.''.
(b) Extension to Contractor-Operated, Government-Owned Vehicles.--
The Secretary of Defense shall require that contracts entered into by
the Secretary of a military department or the head of a Defense Agency
after the date of the enactment of this Act for contractor operation of
Government-owned vehicles include a provision requiring the contractor
to comply with section 2922c-1 of title 10, United States Code, as
added by subsection (a), to the same extent as the Department is
required to comply with such section.
SEC. 10. RESEARCH AND DEVELOPMENT ACTIVITIES TO INCORPORATE HYBRID-
DRIVE TECHNOLOGY INTO CURRENT AND FUTURE TACTICAL FLEET
OF MILITARY GROUND VEHICLES.
(a) Identification of Usable Hybrid-Drive Technology.--Not later
than 90 days after the date of enactment of this Act, the Secretary of
each military department shall submit to Congress a report identifying
hybrid-drive technologies suitable for incorporation into the next
reset and recap of motor vehicles of the current tactical fleet of each
Armed Force under the jurisdiction of the Secretary. In identifying
suitable hybrid-drive technologies, the Secretary shall consider the
feasibility and cost of incorporating a hybrid-drive technology into
each vehicle and the design changes and amount of time required for
incorporation.
(b) Authorization of Obligation.--The Secretary of Defense is
authorized to obligate, from funds appropriated for the Department of
Defense for research, development, test, and evaluation for fiscal year
2011, $50,000,000 to incorporate hybrid-drive technologies identified
under subsection (a) into the current tactical fleets of the Armed
Forces.
(c) Hybrid-Drive Technology Defined.--In this section, the term
``hybrid-drive technology'' means a propulsion system, including the
engine and drive train, that draws energy from onboard sources of
stored energy that involve--
(1) an internal combustion or heat engine using combustible
fuel; and
(2) a rechargeable energy storage system.
SEC. 11. DEVELOPMENT OF BIOFUEL DERIVED FROM MATERIALS THAT DO NOT
COMPETE WITH FOOD STOCKS AND IS SUITABLE FOR USE AS
AVIATION FUEL.
(a) Development Plan Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
submit to Congress a testing and certification plan to develop and put
into operational use by September 30, 2016, a biofuel derived from
materials that do not compete with food stocks and is suitable for use
as or in an aviation fuel for military purposes.
(b) Notification of Operational Availability of Biofuel.--The
Secretary shall notify Congress as soon as practicable after the
Secretary determines that an aviation fuel that consists of at least 50
percent biofuels described under subsection (a) is available for
operational use by the Armed Forces for military aviation purposes.
SEC. 12. IMPLEMENTATION.
(a) Responsible Officials.--The Deputy Under Secretary of Defense
for Installations and Environment and the Director of Operational
Energy Plans and Program shall be the officials of the Department of
Defense responsible for the implementation of this Act and the
amendments made by this Act. Such officials shall monitor the
implementation plans of the military departments and Defense Agencies
and keep the Secretary of Defense informed of all guidance issued and
activities carried out within the Department of Defense that relate to
the implementation of this Act and the amendments made by this Act.
(b) Applicability.--This Act and the amendments made by this Act
shall apply with respect to the activities, personnel, resources, and
facilities of the Department of Defense that are located within the
United States as well as those facilities, regardless of whether
permanent or temporary, that are located outside the United States.
(c) Reporting Requirements.--The Secretary of Defense shall submit
to Congress a semiannual progress report on the implementation of this
Act and the amendments made by this Act.
SEC. 13. WAIVER AUTHORITY.
(a) In General.--The Secretary of Defense may waive the
implementation or operation of a provision of this Act or an amendment
made by this Act if the Secretary certifies to the Congress that
implementation or continued operation of such provision would adversely
impact the national security of the United States.
(b) Intelligence Activity Waiver.--The Director of National
Intelligence may, in consultation with the Secretary of Defense, exempt
an intelligence activity of the United States, and related personnel,
resources, and facilities, from a provision of this Act or an amendment
made by this Act to the extent the Director and Secretary determine
necessary to protect intelligence sources and methods from unauthorized
disclosure.
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