[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4317 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4317

 To amend title 10, United States Code, to codify certain clean energy 
     targets of the Department of Defense, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2022

 Ms. Duckworth 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 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 the readiness of 
        the Armed Forces of the United States.
            (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 striking the subsection heading and inserting the 
        following ``Clean Energy Targets and Policy'';
            (2) by redesignating paragraph (3) as paragraph (4);
            (3) by striking paragraphs (1) and (2) and inserting the 
        following new paragraphs:
    ``(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 not less than 40 percent carbon pollution-
        free electricity on a net annual basis by 2024 within all such 
        facilities;
            ``(B) to achieve 100 percent carbon pollution-free 
        electricity on a net annual basis by 2030 within all such 
        facilities;
            ``(C) to reduce emissions from installation procurement by 
        not less than 20 percent by 2024 and to achieve net-zero 
        emissions from installation procurement by 2050;
            ``(D) to reduce emissions from buildings on installations 
        of the Department by not less than 50 percent by 2032 and to 
        achieve net-zero emissions from such buildings by 2045;
            ``(E) to reduce emissions from operations of the Department 
        by not less than 65 percent by 2030 and to support the 
        achievement of net-zero emissions from such operations by 2050; 
        and
            ``(F) to achieve 100 percent zero-emission vehicle 
        acquisitions for non-tactical 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 of 
the Department of Defense, 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).
    ``(B) Each report under subparagraph (A) shall cover activities 
conducted during the year preceding the date of the submittal of the 
report to achieve the targets under paragraph (1) and shall include--
            ``(i) an identification of outstanding funding and staffing 
        resources needed to implement such activities;
            ``(ii) a description of any planned activities the 
        Secretary intends to carry out 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 installations of the Department of Defense and pursue any 
        energy reduction or conservation efforts.
    ``(C) Each report under subparagraph (A) shall be made publicly 
available on an appropriate website of the Department of Defense.''; 
and
            (4) 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.

    (a) In General.--Chapter 81 of title 10, United States Code, is 
amended by adding at the end the following new section:
``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 supervision of 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 
        perfluoroalkyl 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 
        requirements or 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.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1599i the following new item:

``1599j. Direct hire authority for positions supporting Department of 
                            Defense energy independence and climate 
                            resilience efforts.''.

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 subparagraph are the 
                following:
                            (i) The authorities under 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 charging or refueling stations 
                        described in subparagraph (A).
                            (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 under 
        section 2914 of title 10, United States Code, 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 of Defense.
    (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 of the 
        Department of Defense, 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 
                of the Department and military departments.
                    (B) An assessment of any duplication of efforts 
                relating to such investment across programs of the 
                Department and military departments.
                    (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 what investments may be 
                necessary to maintain such a fueling system.
                    (G) A comparison of the relative risk to personnel 
                of the Department 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--
                            (i) the use of alternative fuel vehicles; 
                        and
                            (ii) the effects of the use of such 
                        vehicles on the supply chain for such 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 
        Committee on Armed Services of the Senate and the Committee on 
        Armed Services of the House of Representatives 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 of the 
        Department 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, more sustainable products for use by the 
        Department.
            (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) Alternative fuel vehicle.--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) Energy savings performance contract.--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 conducted under subsection (a) shall 
include a comprehensive review and assessment of the following:
            (1) Any contracts or other agreements entered into by the 
        Secretary relating to manufacturing.
            (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 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 recommendations for legislative action 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.--
                    (A) In general.--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 those results.
                    (B) Form.--The report submitted under subparagraph 
                (A) shall be submitted in unclassified form, but may 
                include a classified annex.
    (d) Definitions.--In this section:
            (1) Congressional defense committee.--The term 
        ``congressional defense committees'' has the meaning given that 
        term in section 101(a)(16) of title 10, United States Code.
            (2) National defense strategy.--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.
            (3) Scope 3 emissions.--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.
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