[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4380 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4380

   To transition the nontactical vehicle fleet of the Department of 
  Defense to electric or other zero emission vehicles, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2022

   Ms. Warren (for herself, Ms. Hirono, Mr. Durbin, Mr. Markey, Mr. 
Whitehouse, and Mr. King) introduced the following bill; which was read 
         twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To transition the nontactical vehicle fleet of the Department of 
  Defense to electric or other zero emission vehicles, 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 ``Military Vehicle Fleet 
Electrification Act''.

SEC. 2. PROCUREMENT OF ELECTRIC OR ZERO EMISSION VEHICLES FOR THE 
              DEPARTMENT OF DEFENSE.

    (a) Procurement Requirement.--
            (1) In general.--Section 2922g of title 10, United States 
        Code, is amended to read as follows:
``Sec. 2922g. Procurement of electric or zero emission vehicles
    ``(a) Requirement To Procure Electric or Zero Emission Vehicles.--
Not less than 75 percent of the total number of covered nontactical 
vehicles purchased or leased by or for the use of the Department of 
Defense shall--
            ``(1) be electric or zero emission vehicles; and
            ``(2) use a charging connector type (or other means to 
        transmit electricity to the vehicle) that meets applicable 
        industry accepted standards for interoperability and safety.
    ``(b) Relation to Other Vehicle Technologies That Reduce 
Consumption of Fossil Fuels.--The head of the department or agency of 
the Federal Government concerned may authorize the purchase or lease of 
covered nontactical vehicles that use a technology other than electric 
or zero emission technology only if the head of such department or 
agency determines, on a case by case basis, that--
            ``(1) the technology used in the vehicles to be purchased 
        or leased reduces the consumption of fossil fuels compared to 
        any vehicles being replaced by the newly purchased or leased 
        vehicles (regardless of the engine technology used in the 
        vehicles being replaced);
            ``(2) the purchase or lease of such vehicles is consistent 
        with the energy performance goals and master plan of the 
        Department of Defense required by subsections (c) and (d) of 
        section 2911 of this title;
            ``(3) the purchase or lease of such vehicles will not 
        result in a total number of non-electric or non-zero emission 
        vehicles in excess of the threshold specified in subsection 
        (a); and
            ``(4) the purchase or lease of electric or zero emission 
        vehicles is impracticable under the circumstances.
    ``(c) Domestic Sourcing Requirements.--
            ``(1) In general.--The following provisions of law shall 
        apply to the purchase or lease of covered nontactical vehicles 
        under this section:
                    ``(A) Chapter 83 of title 41 (commonly referred to 
                as the `Buy American Act').
                    ``(B) Section 4862 of this title (commonly referred 
                to as the `Berry Amendment').
                    ``(C) Section 4863 of this title (commonly referred 
                to as the `Specialty Metal Clause').
            ``(2) Domestic sourcing of batteries.--Any vehicle battery 
        included in a covered nontactical vehicle shall be sourced from 
        a manufacturer--
                    ``(A) within the national technology and industrial 
                base; or
                    ``(B) from a qualifying country (as defined in 
                section 225.003 of title 48, Code of Federal 
                Regulations, or successor regulations).
            ``(3) Applicability to leased vehicles.--The requirements 
        of paragraphs (1) and (2) shall apply to leased vehicles in the 
        same manner that such requirements apply to purchased vehicles.
            ``(4) Prohibition on waiver.--No provision of a memorandum 
        of understanding or related agreement referred to in section 
        4851 of this title (commonly referred to as a `Reciprocal 
        Defense Procurement Agreement') may waive or supercede the 
        requirements of paragraphs (1) and (2).
    ``(d) Prohibition on Sourcing From Non-Allied Foreign Nations.--A 
covered nontactical vehicle that is an electric or zero emission 
vehicle purchased or leased by or for the use of the Department of 
Defense may not--
            ``(1) include an automotive item, including a vehicle 
        battery, battery pack, or battery cell, sourced from a covered 
        nation; or
            ``(2) be sourced, including final assembly, from--
                    ``(A) a covered nation;
                    ``(B) a country that is not part of the national 
                technology and industrial base; or
                    ``(C) a country that does not have a memorandum of 
                understanding or related agreement referred to in 
                section 4851 of this title with the United States 
                (commonly referred to as a `reciprocal defense 
                procurement agreement').
    ``(e) Definitions.--In this section:
            ``(1) Covered nation.--The term `covered nation' has the 
        meaning given that term in section 4872(d) of this title.
            ``(2) Covered nontactical vehicle.--The term `covered 
        nontactical vehicle' means any vehicle--
                    ``(A) that is not a tactical vehicle designed for 
                use in combat; and
                    ``(B) that is purchased or leased by the Department 
                of Defense, or by another department or agency of the 
                Federal Government for the use of the Department of 
                Defense, pursuant to a contract entered into, renewed, 
                modified, or amended on or after October 1, 2022.
            ``(3) National technology and industrial base.--The term 
        `national technology and industrial base' has the meaning given 
        that term in section 4801 of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter II of chapter 173 of title 10, United 
        States Code, is amended by striking the item relating to 
        section 2922g and inserting the following new item:

``2922g. Procurement of electric or zero emission vehicles.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 2022.

SEC. 3. ELECTRIC VEHICLE CHARGING STATIONS AT MILITARY INSTALLATIONS.

    (a) Charging Stations at Commissary Stores and Military 
Exchanges.--
            (1) In general.--Subchapter I of chapter 147 of title 10, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 2486. Electric vehicle charging stations at commissary stores 
              and military exchanges
    ``(a) Authority.--The Secretary of Defense may furnish electric 
vehicle charging stations at a commissary store or MWR retail facility 
for commercial use by individuals authorized to access such facilities.
    ``(b) Rates and Procedures.--If the Secretary of Defense furnishes 
electric vehicle charging stations pursuant to subsection (a)--
            ``(1) the Secretary shall establish rates and procedures 
        that the Secretary determines appropriate for the purchase of 
        electric power from the charging stations; and
            ``(2) such charging stations may be installed and operated 
        by a contractor on a for-profit basis.
    ``(c) Interoperability.--Any vehicle charging station provided 
under this section shall use a charging connector type (or other means 
to transmit electricity to the vehicle) that--
            ``(1) meets applicable industry accepted standards for 
        interoperability and safety; and
            ``(2) is compatible with--
                    ``(A) electric vehicles commonly available for 
                purchase by a member of the general public; and
                    ``(B) covered nontactical vehicles (as defined in 
                section 2922g(e) of this title) for which charging is 
                required.
    ``(d) MWR Retail Facility Defined.--In this section, the term `MWR 
retail facility' has the meaning given the term `MWR retail facilities' 
in section 1063(e) of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter is amended by adding at the end 
        the following new item:

``2486. Electric vehicle charging stations at commissary stores and 
                            military exchanges.''.
    (b) Additional Requirements and Authorities.--
            (1) In general.--Subchapter II of chapter 173 of title 10, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 2922j. Requirements and authorities relating to electric vehicle 
              charging stations
    ``(a) Use of Qualified Electricians.--Any electrical work 
(including installation, maintenance, repair, rehabilitation, or 
replacement) required for an electric vehicle charging station located 
at a military installation shall be carried out by a qualified 
electrician who--
            ``(1) is licensed to perform such work in the State in 
        which the work is performed;
            ``(2) is paid wages not less than those prevailing for 
        similar work in the locality, as determined by the Secretary of 
        Labor under subchapter IV of chapter 31 of title 40 (commonly 
        referred to as the `Davis-Bacon Act'); and
            ``(3) holds a valid certification from the nongovernmental 
        Electric Vehicle Infrastructure Training Program.
    ``(b) Authority To Carry Out Unspecified Minor Military 
Construction Projects.--The Secretary of Defense may use the authority 
provided under section 2805 of this title for the installation, 
maintenance, repair, rehabilitation, or replacement of an electric 
vehicle charging station on a military installation.
    ``(c) Definitions.--In this section:
            ``(1) The term `military installation' has the meaning 
        given that term in section 2801 of this title.
            ``(2) The term `State' means any of the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, Guam, 
        American Samoa, the United States Virgin Islands, and the 
        Commonwealth of the Northern Mariana Islands.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter is amended by adding at the end 
        the following new item:

``2922j. Requirements and authorities relating to electric vehicle 
                            charging stations.''.
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