II 

117TH CONGRESS 

2D SESSION S. 4989 

To amend title 10, United States Code, to include additional special considerations for developing and implementing the energy performance goals 

and energy performance master plan of the Department of Defense 

and to require a report on the feasibility of terminating energy procurement from foreign entities of concern. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2022 

Ms. ERNST 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 include additional 

special considerations for developing and implementing 

the energy performance goals and energy performance 

master plan of the Department of Defense and to require 

a report on the feasibility of terminating energy procurement from foreign entities of concern. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘DOD Energy Strategy 

5 Act of 2022’’. 


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1 SEC. 2. ADDITIONAL SPECIAL CONSIDERATIONS FOR DE2 VELOPING AND IMPLEMENTING THE ENERGY 

3 PERFORMANCE GOALS AND ENERGY PER4 FORMANCE MASTER PLAN OF THE DEPART5 MENT OF DEFENSE. 

6 Section 2911(e) of title 10, United States Code, is 

7 amended by adding at the end the following new para8 graphs: 

9 ‘‘(14) The reliability and security of energy re10 sources in the event of a military conflict. 

11 ‘‘(15) The value of resourcing energy from al12 lies of the United States in the North Atlantic Trea13 ty Organization and other major allies of the United 

14 States.’’. 

15 SEC. 3. REPORT ON FEASIBILITY OF TERMINATING EN16 ERGY PROCUREMENT FROM FOREIGN ENTI17 TIES OF CONCERN. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of the enactment of this Act, the Assistant Secretary 

20 of Defense for Energy, Installations, and Environment 

21 shall submit to the Committees on Armed Services of the 

22 Senate and the House of Representatives a report on the 

23 feasibility and advisability of terminating energy procure24 ment by the Department of Defense from foreign entities 

25 of concern. 


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1 (b) ELEMENTS.—The report required under sub2 section (a) shall include the following: 

3 (1) An assessment of the reliance by the De4 partment of Defense on foreign entities of concern 

5 for the procurement of energy. 

6 (2) An identification of the number of energy 

7 contracts in force between the Director of the De8 fense Logistics Agency and a foreign entity of con9 cern or an entity headquartered in a country that is 

10 a foreign entity of concern. 

11 (3) Such proposals as the Assistant Secretary 

12 of Defense for Energy, Installations, and Environ13 ment may have for divestment of resourcing of en14 ergy for the Department of Defense from entities de15 scribed in subparagraph (B) and reconfiguring such 

16 resourcing instead from allies of the United States 

17 in the North Atlantic Treaty Organization and other 

18 major allies of the United States. 

19 (c) FOREIGN ENTITY OF CONCERN DEFINED.—In 

20 this section, the term ‘‘foreign entity of concern’’ has the 

21 meaning given that term in section 9901 of the William 

22 M. (Mac) Thornberry National Defense Authorization Act 

23 for Fiscal Year 2021 (15 U.S.C. 4651). 

Æ 


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