[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7863-S7864]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4315. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle B of title III, add the following:

     SEC. 318. REVISION OF ENERGY PROCUREMENT POLICIES OF 
                   DEPARTMENT OF DEFENSE TO PROCURE RESILIENT AND 
                   CLEAN ENERGY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall--
       (1) revise the procurement policies of the Department of 
     Defense that are not otherwise required by law to ensure that 
     the military departments and Defense Agencies may only enter 
     into a contract with a public utility service provider that 
     has an option for the procurement of resilient electricity 
     and clean electricity to power the installations and 
     facilities of the military department or Defense Agency 
     concerned; and
       (2) establish a procurement plan to reasonably and 
     expeditiously transition all existing contracts of the 
     military departments and Defense Agencies with public utility 
     service providers to new contracts that meet the procurement 
     policies described in paragraph (1).
       (b) Military Departments and Defense Agencies.--Consistent 
     with the policies required to be revised under subsection 
     (a)(1), the Secretary of each military department and the 
     head of each Defense Agency shall revise the procurement 
     policies, practices, training, and procedures for the 
     military department or Defense Agency concerned that are not 
     otherwise required by law to ensure that procurement 
     officials of the military department or Defense Agency 
     concerned may only acquire commercial energy services that 
     have an option for the procurement of resilient electricity 
     and clean electricity to power the installations and 
     facilities of the military department or Defense Agency 
     concerned.
       (c) Limitation on the Use of Renewable Energy Credits and 
     Carbon Offsets.--
       (1) Renewable energy credits.--To the extent practicable, 
     in carrying out subsections (a) and (b), the Secretary of 
     each military department and the head of each Defense Agency 
     shall avoid acquiring commercial energy services from a 
     public utility provider that offers renewable energy credits 
     that were sold separately from the renewable energy with 
     which they are associated to satisfy the requirements of 
     having a resilient electricity and clean electricity option.
       (2) Carbon offsets.--In meeting the procurement 
     requirements under subsection (a)(1), the Secretary of 
     Defense shall ensure that each military department and 
     Defense Agency does not use carbon offsets.
       (d) Report.--Not later than one year 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--
       (1) providing a progress report on the transition of 
     existing public utility services contracts of the Department 
     to meet the procurement policies required under subsection 
     (a)(1);
       (2) describing the procurement plan required under 
     subsection (a)(2); and
       (3) identifying any challenges to carrying out such 
     procurement plan.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to require the Department of Defense to invest in 
     capital projects for the purposes of generating electricity 
     to power the installations and facilities of the military 
     departments and Defense Agencies, including military 
     installation resilience projects under section 2815 of title 
     10, United States Code, energy resilience and conservation 
     construction projects under section 2914 of such title, or 
     financing of third-party capital construction of energy 
     projects under any other provision of law.
       (f) Definitions.--In this section:
       (1) Clean electricity.--The term ``clean electricity'' 
     means electricity generated from sources that result in 
     access to electricity without the production of carbon 
     emissions, including--
       (A) renewable and nuclear energy; and
       (B) traditional generation with carbon capture and storage.
       (2) Military installation.--The term ``military 
     installation'' means an installation of the Department of 
     Defense under the jurisdiction of the Secretary of a military 
     department that is located in a State, territory, or other 
     possession of the United States.
       (3) Resilient electricity.--The term ``resilient 
     electricity'' means uninterrupted and

[[Page S7864]]

     assured access to electricity to meet critical mission 
     availability.
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