I 

112TH CONGRESS 

1ST SESSION H. R. 2266 

To amend title 10, United States Code, to reform Department of Defense 

energy policy, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 21, 2011 

Mr. SMITH of Washington introduced the following bill; which was 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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Department of Defense Energy Security Act of 2011’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Congressional defense committees defined. 

Sec. 3. Sense of Congress on Department of Defense energy savings initiatives. 

Sec. 4. Waiver authority. 

TITLE I—OPERATIONAL ENERGY SECURITY 


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Sec. 101. Joint contingency base resource pilot project. 

Sec. 102. Research and development activities to incorporate hybrid-drive technology into current and future tactical fleet of military ground 

vehicles. 

Sec. 103. Conversion of Department of Defense fleet of non-tactical motor vehicles to electric and hybrid motor vehicles. 

Sec. 104. Ten-year extension of authorized initial term of contracts for storage, 

handling or distribution of liquid fuels and natural gas. 

Sec. 105. Establishment of Department of Defense Joint Task Force for Alternative Fuel Development. 

TITLE II—INSTALLATION ENERGY SECURITY 

Sec. 201. Funding for Installation Energy Test Bed. 

Sec. 202. Funding for energy conservation projects. 

Sec. 203. Report on energy-efficiency standards. 

Sec. 204. Identification of energy-efficient products for use in construction, repair, or renovation of Department of Defense facilities. 

Sec. 205. Core curriculum and certification standards for Department of Defense energy managers. 

Sec. 206. Requirement for Department of Defense to capture and track data 

generated in metering department facilities. 

Sec. 207. Establishment of milestones for achieving Department of Defense 

2025 renewable energy goal. 

Sec. 208. Development of renewable energy sources on military lands. 

Sec. 209. Development of renewable energy on military installations. 

Sec. 210. Report on cross-agency renewable energy development efforts. 

Sec. 211. Elimination of approval requirement for long-term contracts for energy or fuel for military installations. 

Sec. 212. Consideration of energy security in developing energy projects on 

military installations using renewable energy sources. 

Sec. 213. Study on installation energy security and societal impacts. 

1 SEC. 2. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 

2 In this Act, the term ‘‘congressional defense commit3 tees’’ means the Committees on Armed Services and Ap4 propriations of the Senate and the House of Representa5 tives. 

6 SEC. 3. SENSE OF CONGRESS ON DEPARTMENT OF DE7 FENSE ENERGY SAVINGS INITIATIVES. 

8 It is the sense of Congress that— 

9 (1) the Department of Defense should develop, 

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1 nologies that reduce the energy needs of forward-de2 ployed forces; 

3 (2) the Secretary of Defense should ensure the 

4 energy security of Department of Defense facilities; 

5 (3) the Assistant Secretary of Defense for 

6 Operational Energy Plans and Programs and the 

7 Deputy Under Secretary of Defense for Installations 

8 and Environment should act in concert to implement 

9 strategies and coordinate activities across the serv10 ices to meet Department-wide and service energy 

11 goals, including service initiatives such as the Navy’s 

12 Great Green Fleet, the Air Force’s alternative fuel 

13 certification program, the Army’s Net Zero installa14 tion pilot program, and the Marine Corps experi15 mental forward operating base project; and 

16 (4) in general, the Department of Defense 

17 should aggressively pursue opportunities to save en18 ergy, reduce energy-related costs, decrease reliance 

19 on foreign oil, decrease the energy-related logistics 

20 burden for deployed forces, ensure the long-term 

21 sustainability of military installations, and strength22 en United States energy security. 

23 SEC. 4. WAIVER AUTHORITY. 

24 (a) IN GENERAL.—The Secretary of Defense may 

25 waive the implementation or operation of a provision of 


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1 this Act or an amendment made by this Act if the Sec2 retary certifies to Congress that implementation or contin3 ued operation of such provision would adversely impact the 

4 national security of the United States. 

5 (b) INTELLIGENCE ACTIVITY WAIVER.—The Direc6 tor of National Intelligence may, in consultation with the 

7 Secretary of Defense, exempt an intelligence activity of the 

8 United States, and related personnel, resources, and facili9 ties, from a provision of this Act or an amendment made 

10 by this Act to the extent the Director and Secretary deter11 mine necessary to protect intelligence sources and methods 

12 from unauthorized disclosure. 

13 TITLE I—OPERATIONAL ENERGY 

14 SECURITY 

15 SEC. 101. JOINT CONTINGENCY BASE RESOURCE PILOT 

16 PROJECT. 

17 (a) PILOT PROJECT AUTHORIZED.— 

18 (1) IN GENERAL.—The Secretary of Defense 

19 shall, in consultation with the Secretary of Energy, 

20 as appropriate, carry out a pilot project to assess the 

21 feasibility and advisability of various joint and multi22 service mechanisms to decrease energy usage by de23 ployed military units, including by minimizing at for24 ward operating bases the production of waste water, 

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1 rials, and reducing impacts on habitat and perimeter 

2 security and by maximizing capacity and effective3 ness at such bases while promoting operational inde4 pendence from supply lines and minimizing the re5 source footprint. The Secretary of Defense shall des6 ignate a lead officer for the pilot project. 

7 (2) MECHANISMS TO BE ASSESSED.—The 

8 mechanisms assessed under the pilot project shall in9 clude new energy and energy-efficiency technologies 

10 and such other systems, components, and tech11 nologies as the Secretary shall identify for purposes 

12 of the pilot project. 

13 (3) UTILIZATION OF SMALL BUSINESS.—In car14 rying out the pilot project, the Secretary shall, to 

15 the extent practicable, seek to work with small busi16 nesses through small-scale procurement of systems, 

17 components, and technologies described in para18 graph (2). 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated for fiscal year 2012 

21 $4,000,000 to carry out the pilot project authorized by 

22 subsection (a). 


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1 SEC. 102. RESEARCH AND DEVELOPMENT ACTIVITIES TO 

2 INCORPORATE HYBRID-DRIVE TECHNOLOGY 

3 INTO CURRENT AND FUTURE TACTICAL 

4 FLEET OF MILITARY GROUND VEHICLES. 

5 (a) IDENTIFICATION OF USABLE HYBRID-DRIVE

6 TECHNOLOGY.—Not later than one year after the date of 

7 the enactment of this Act, the Secretary of Defense, in 

8 consultation with the Secretaries of the military depart9 ments and the Secretary of Energy, as appropriate, shall 

10 submit to Congress a report identifying hybrid-drive tech11 nologies suitable for incorporation into the next reset and 

12 recap of motor vehicles of the current tactical fleet of the 

13 military services. In identifying suitable hybrid-drive tech14 nologies, the Secretary shall consider the feasibility and 

15 costs and benefits of incorporating a hybrid-drive tech16 nology into each type and variant of vehicle, including fuel 

17 savings, and the design changes and amount of time re18 quired for incorporation. 

19 (b) HYBRID-DRIVE TECHNOLOGY DEFINED.—In this 

20 section, the term ‘‘hybrid-drive technology’’ means a pro21 pulsion system, including the engine and drive train, that 

22 draws energy from onboard sources of stored energy that 

23 involve— 

24 (1) an internal combustion or heat engine using 

25 combustible fuel; and 

26 (2) a rechargeable energy storage system. 


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1 SEC. 103. CONVERSION OF DEPARTMENT OF DEFENSE 

2 FLEET OF NON-TACTICAL MOTOR VEHICLES 

3 TO ELECTRIC AND HYBRID MOTOR VEHI4 CLES. 

5 (a) CONVERSION REQUIRED.— 

6 (1) IN GENERAL.—Subchapter II of chapter 

7 173 of title 10, United States Code, is amended by 

8 inserting after section 2922c the following new sec9 tion: 

10 ‘‘§ 2922c–1. Conversion of Department of Defense non11 tactical motor vehicle fleet to motor vehi12 cles using electric or hybrid propulsion 

13 systems 

14 ‘‘(a) DEADLINE FOR CONVERSION.—Beginning on 

15 October 1, 2017, the Secretary of Defense, the Secretary 

16 of a military department, or the head of a Defense Agency 

17 may not procure non-tactical motor vehicles or buses un18 less such vehicles use— 

19 ‘‘(1) electric propulsion; 

20 ‘‘(2) hybrid propulsion; or 

21 ‘‘(3) an alternative propulsion system sufficient 

22 to make such non-tactical motor vehicles and buses 

23 meet or exceed applicable Corporate Average Fuel 

24 Economy standards. 

25 ‘‘(b) PREFERENCE.—In procuring motor vehicles for 

26 use by a military department or defense agency after the 


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1 date of the enactment of this section, the Secretary con2 cerned or the head of the defense agency shall provide a 

3 preference for the procurement of non-tactical motor vehi4 cles with a propulsion system described in paragraph (1), 

5 (2), or (3) of subsection (a), including plug-in hybrid sys6 tems, if the motor vehicles— 

7 ‘‘(1) will meet the requirement or the need for 

8 the procurement; and 

9 ‘‘(2) are commercially available at a cost rea10 sonably comparable, on the basis of life-cycle cost, to 

11 motor vehicles containing only an internal combus12 tion or heat engine using combustible fuel. 

13 ‘‘(c) WAIVER AUTHORITY.—The Secretary of De14 fense may waive the prohibitions under subsection (a) with 

15 respect to a class of non-tactical vehicles if the Secretary 

16 determines that there is a lack of commercial availability 

17 for the class of vehicles or if the acquisition of such vehi18 cles is cost prohibitive. 

19 ‘‘(d) HYBRID DEFINED.—In this section, the term 

20 ‘hybrid’, with respect to a motor vehicle, means a motor 

21 vehicle that draws propulsion energy from onboard sources 

22 of stored energy that are both— 

23 ‘‘(1) an internal combustion or heat engine 

24 using combustible fuel; and 

25 ‘‘(2) a rechargeable energy storage system.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such subchapter is amend3 ed by inserting after the item relating to section 

4 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.’’. 

5 (b) APPLICABILITY.—The prohibition under section 

6 2922c–1(a) of title 10, United States Code, as added by 

7 subsection (a), does not apply to contracts for the procure8 ment of non-tactical vehicles entered into before the date 

9 of the enactment of this Act. 

10 SEC. 104. TEN-YEAR EXTENSION OF AUTHORIZED INITIAL 

11 TERM OF CONTRACTS FOR STORAGE, HAN12 DLING OR DISTRIBUTION OF LIQUID FUELS 

13 AND NATURAL GAS. 

14 Section 2922 of title 10, United States Code, is 

15 amended— 

16 (1) in subsection (a), by adding at the end the 

17 following: ‘‘Contracts for the procurement of liquid 

18 fuels, or natural gas entered into pursuant to this 

19 section shall comply with the requirements of section 

20 526 of the Energy Independence and Security Act of 

21 2007 (42 U.S.C. 17142).’’. 

22 (2) in subsection (b), in the first sentence, by 

23 striking ‘‘5 years’’ and inserting ‘‘15 years’’. 


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1 SEC. 105. ESTABLISHMENT OF DEPARTMENT OF DEFENSE 

2 JOINT TASK FORCE FOR ALTERNATIVE FUEL 

3 DEVELOPMENT. 

4 (a) ESTABLISHMENT OF TASK FORCE.—The Assist5 ant Secretary of Defense for Operational Energy, Plans, 

6 and Programs shall chair a joint task force for alternative 

7 fuel development, consisting of the Secretaries of the mili8 tary departments, or their designees, the Assistant Sec9 retary for Research and Engineering, and other members 

10 determined appropriate. The task force shall— 

11 (1) lead the military departments in the devel12 opment of alternative fuel; 

13 (2) streamline the current investments of each 

14 of the military departments and ensure that such in15 vestments account for the requirements of the mili16 tary departments; 

17 (3) collaborate with and leverage investments 

18 made by the Department of Energy and other Fed19 eral agencies to advance alternative fuel develop20 ment; 

21 (4) coordinate proposed alternative fuel invest22 ments in accordance with section 138c(e) of title 10, 

23 United States Code; and 

24 (5) focus its efforts on fuels that are compliant 

25 with the provisions of section 526 of the Energy 


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1 Independence and Security Act of 2007 (42 U.S.C. 

2 17142). 

3 (b) IMPLEMENTATION.—The Assistant Secretary of 

4 Defense for Operational Energy, Plans, and Programs 

5 shall prescribe policy for the task force established pursu6 ant to subsection (a) and certify the budget associated 

7 with alternative fuel investments of the Department of De8 fense. 

9 (c) NOTIFICATION.—Not later than 180 days after 

10 the date of the enactment of this Act, the Secretary of 

11 Defense shall submit to the congressional defense commit12 tees a copy of the policy prescribed under subsection (b). 

13 TITLE II—INSTALLATION 

14 ENERGY SECURITY 

15 SEC. 201. FUNDING FOR INSTALLATION ENERGY TEST BED. 

16 There is authorized to be appropriated $47,000,000 

17 for each of fiscal years 2012 through 2016 for research, 

18 development, test, and evaluation, Defense-wide, for the 

19 Installation Energy Test Bed (PE 0603XXXD8Z). As ap20 propriate, all Department of Defense projects funded 

21 through this program shall be open and available to the 

22 Department of Energy and its commercialization team. 


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1 SEC. 202. FUNDING FOR ENERGY CONSERVATION 

2 PROJECTS. 

3 (a) AUTHORIZATION TO OBLIGATE FUNDS.—The 

4 Secretary of Defense may obligate, from amounts appro5 priated for military construction, land acquisition, and 

6 military family housing functions of the Department of 

7 Defense (other than the military departments) and avail8 able to carry out energy conservation projects, 

9 $135,000,000 for fiscal year 2012 to carry out energy con10 servation projects under chapter 173 of title 10, United 

11 States Code, to accelerate implementation of the energy 

12 performance plan of the Department of Defense and 

13 achievement of the energy performance goals established 

14 under section 2911 of such title, as amended by this Act. 

15 (b) AUTHORIZATION OF APPROPRIATIONS TO COM16 PENSATE FOR DEFICIENCY.—There is authorized to be 

17 appropriated to the Secretary of Defense for fiscal year 

18 2012 an amount equal to the difference between— 

19 (1) the amount that may be obligated by the 

20 Secretary of Defense under subsection (a); and 

21 (2) the amount appropriated for such fiscal 

22 year for military construction, land acquisition, and 

23 military family housing functions of the Department 

24 of Defense (other than the military departments) 

25 and available to carry out energy conservation 

26 projects. 


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1 SEC. 203. REPORT ON ENERGY-EFFICIENCY STANDARDS. 

2 (a) REPORT REQUIRED.—Not later than January 30, 

3 2013, the Secretary of Defense shall submit to the con4 gressional defense committees a report on the energy-effi5 ciency standards utilized by the Department of Defense 

6 for military construction. 

7 (b) CONTENTS OF REPORT.—The report shall include 

8 the following: 

9 (1) A cost-benefit analysis, on a life-cycle basis, 

10 of adopting American Society of Heating, Refrig11 erating and Air-Conditioning Engineers (ASHRAE) 

12 building standard 189.1 versus 90.1 for sustainable 

13 design and development for the construction and 

14 renovation of non-temporary buildings and struc15 tures for the use of the Department of Defense. 

16 (2) Department of Defense policy prescribing a 

17 comprehensive strategy for the development of de18 sign and building standards across the Department 

19 that include specific energy-efficiency standards and 

20 sustainable design attributes for military construc21 tion based on the cost-benefit analysis required by 

22 paragraph (1), and consistent with the requirement 

23 under subsection (c). 

24 (c) ENERGY EFFICIENCY STANDARDS.—The Sec25 retary of Defense shall prescribe Department-wide stand26 ards, to be effective no later than January 1, 2014, for 


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1 the design, construction, and renovation of Department of 

2 Defense facilities that mandate energy efficiency stand3 ards equivalent, at a minimum, to ASHRAE building 

4 standard 189.1. 

5 SEC. 204. IDENTIFICATION OF ENERGY-EFFICIENT PROD6 UCTS FOR USE IN CONSTRUCTION, REPAIR, 

7 OR RENOVATION OF DEPARTMENT OF DE8 FENSE FACILITIES. 

9 (a) RESPONSIBILITY OF SECRETARY OF DEFENSE.— 

10 Section 2915(e) of title 10, United States Code, is amend11 ed by striking paragraph (2) and inserting the following 

12 new paragraph: 

13 ‘‘(2)(A) Not later than December 31, 2012, the Sec14 retary of Defense shall prescribe a definition of the term 

15 ‘energy-efficient product’ for purposes of this subsection 

16 and establish and maintain a list of products satisfying 

17 the definition. The definition and list shall be developed 

18 in consultation with the Secretary of Energy to ensure, 

19 to the maximum extent practicable, consistency with defi20 nitions of the term used by other Federal agencies. 

21 ‘‘(B) The Secretary shall modify the definition and 

22 list of energy-efficient products as necessary, but not less 

23 than annually, to account for emerging or changing tech24 nologies. 


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1 ‘‘(C) The list of energy-efficient products shall be in2 cluded as part of the energy performance master plan de3 veloped pursuant to section 2911(b)(2) of this title. The 

4 Secretary of Defense shall report any research on topics 

5 related to technologies covered in this subsection being 

6 funded at national laboratories to the relevant program 

7 management offices of the Department of Energy to en8 sure research agendas are coordinated, where appro9 priate.’’. 

10 (b) CONFORMING AMENDMENT TO ENERGY PER11 FORMANCE MASTER PLAN.—Section 2911(b)(2) of such 

12 title is amended by adding at the end the following new 

13 subparagraph: 

14 ‘‘(F) The up-to date list of energy-efficient 

15 products maintained under section 2915(e)(2) of 

16 this title.’’. 

17 SEC. 205. CORE CURRICULUM AND CERTIFICATION STAND18 ARDS FOR DEPARTMENT OF DEFENSE EN19 ERGY MANAGERS. 

20 (a) TRAINING PROGRAM AND ISSUANCE OF GUID21 ANCE.— 

22 (1) IN GENERAL.—Subchapter I of chapter 173 

23 of title 10, United States Code, is amended by in24 serting after section 2915 the following new section: 


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1 ‘‘§ 2915a. Facilities: department of defense energy 

2 managers 

3 ‘‘(a) TRAINING PROGRAM REQUIRED.—The Sec4 retary of Defense shall establish a training program for 

5 Department of Defense energy managers designated for 

6 military installations— 

7 ‘‘(1) to improve the knowledge, skills, and abili8 ties of energy managers; and 

9 ‘‘(2) to improve consistency among energy man10 agers throughout the Department in the perform11 ance of their responsibilities. 

12 ‘‘(b) CURRICULUM AND CERTIFICATION.—(1) The 

13 Secretary of Defense shall identify core curriculum and 

14 certification standards required for energy managers. At 

15 a minimum, the curriculum shall include the following: 

16 ‘‘(A) Details of the energy laws that the De17 partment of Defense is obligated to comply with and 

18 the mandates that the Department of Defense is ob19 ligated to implement. 

20 ‘‘(B) Details of energy contracting options for 

21 third-party financing of facility energy projects. 

22 ‘‘(C) Details of the interaction of Federal laws 

23 with State and local renewable portfolio standards. 

24 ‘‘(D) Details of current renewable energy tech25 nology options, and lessons learned from exemplary 

26 installations. 


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1 ‘‘(E) Details of strategies to improve individual 

2 installation acceptance of its responsibility for reduc3 ing energy consumption. 

4 ‘‘(F) Details of how to conduct an energy audit 

5 and the responsibilities for commissioning, re6 commissioning, and continuous commissioning of fa7 cilities. 

8 ‘‘(2) The curriculum and certification standards shall 

9 leverage the best practices of each of the military depart10 ments. 

11 ‘‘(3) The certification standards shall identify profes12 sional qualifications required to be designated as an en13 ergy manager. 

14 ‘‘(c) USE OF EXISTING ENERGY CERTIFICATION

15 PROGRAMS.—The Deputy Under Secretary for Installa16 tions and Environment may determine that an existing 

17 Federal energy certification program is suitable to be used 

18 instead of the program described in subsection (b) to im19 prove the knowledge, skills, and abilities of energy man20 agers designated for military installations. 

21 ‘‘(d) INFORMATION SHARING.—The Secretary of De22 fense shall ensure that there are opportunities and forums, 

23 not less than annually, for energy managers to exchange 

24 ideas and lessons learned within each military department, 

25 as well as across the Department of Defense.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such subchapter is amend3 ed by inserting after the item relating to section 

4 2915 the following new item: 

‘‘2915a. Facilities: Department of Defense energy managers.’’. 

5 (b) ISSUANCE OF GUIDANCE.—Not later than 180 

6 days after the date of the enactment of this Act, the Sec7 retary of Defense shall issue guidance for the implementa8 tion of the core curriculum and certification standards for 

9 energy managers required by section 2915a of title 10, 

10 United States Code, as added by subsection (a). 

11 (c) BRIEFING REQUIREMENT.—Not later than 180 

12 days after the date of the enactment of this Act, the Sec13 retary of Defense, or designated representatives of the 

14 Secretary, shall brief the Committees on Armed Services 

15 of the Senate and House of Representatives regarding the 

16 details of the energy manager core curriculum and certifi17 cation requirements. 

18 SEC. 206. REQUIREMENT FOR DEPARTMENT OF DEFENSE 

19 TO CAPTURE AND TRACK DATA GENERATED 

20 IN METERING DEPARTMENT FACILITIES. 

21 (a) STUDY.—The Secretary of Defense shall conduct 

22 a study on the collection of data generated in the energy 

23 metering of Department of Defense facilities, including an 

24 assessment of what data is most relevant to energy effi25 ciency determinations and an examination of methods to 


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1 collect such data. The study shall include recommenda2 tions for transmitting metering data electronically in a 

3 way that ensures protection from cyberthreats. 

4 (b) DATA CAPTURE REQUIREMENT.—The Secretary 

5 of Defense shall require that the information generated 

6 by the installation energy meters be captured and tracked 

7 to determine baseline energy consumption and facilitate 

8 efforts to reduce energy consumption. The data shall be 

9 made available to procurement officials to enable decisions 

10 regarding technology acquisitions to include consideration 

11 of relevant energy efficiency information. 

12 SEC. 207. ESTABLISHMENT OF MILESTONES FOR ACHIEV13 ING DEPARTMENT OF DEFENSE 2025 RENEW14 ABLE ENERGY GOAL. 

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

16 amended— 

17 (1) by redesignating paragraph (2) as para18 graph (3); and 

19 (2) by inserting after paragraph (1) the fol20 lowing new paragraph: 

21 ‘‘(2) In achieving the goal specified in paragraph (1) 

22 regarding the use of renewable energy by the Department 

23 of Defense— 

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1 ergy sources not less than 12 percent of the total 

2 quantity of facility energy it consumes within its fa3 cilities; 

4 ‘‘(B) after September 30, 2018, the Depart5 ment shall produce or procure from renewable en6 ergy sources not less than 16 percent of the total 

7 quantity of facility energy it consumes within its fa8 cilities; and 

9 ‘‘(C) after September 30, 2021, the Depart10 ment shall produce or procure from renewable en11 ergy sources not less than 20 percent of the total 

12 quantity of facility energy it consumes within its fa13 cilities.’’. 

14 SEC. 208. DEVELOPMENT OF RENEWABLE ENERGY 

15 SOURCES ON MILITARY LANDS. 

16 (a) EXPANSION OF CURRENT GEOTHERMAL AU17 THORITY.—Section 2917 of title 10, United States Code, 

18 is amended— 

19 (1) by striking ‘‘The Secretary’’ and inserting 

20 ‘‘(a) IN GENERAL.—The Secretary’’; 

21 (2) by striking ‘‘geothermal energy resource’’ 

22 and inserting ‘‘renewable energy source’’; and 

23 (3) by adding at the end the following new sub24 sections: 


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1 ‘‘(b) CONSIDERATION OF ENERGY SECURITY.—The 

2 development of a renewable energy resource under sub3 section (a) shall include consideration of energy security 

4 in the design and development of the project to ensure 

5 that it does not have an adverse impact on mission needs. 

6 ‘‘(c) DEFINITIONS.—In this section: 

7 ‘‘(1) RENEWABLE ENERGY.—The term ‘renew8 able energy’ means electric energy generated from— 

9 ‘‘(A) solar energy; 

10 ‘‘(B) wind energy; 

11 ‘‘(C) marine and hydrokinetic renewable 

12 energy; 

13 ‘‘(D) geothermal energy; 

14 ‘‘(E) qualified hydropower; 

15 ‘‘(F) biomass; or 

16 ‘‘(G) landfill gas. 

17 ‘‘(2) BIOMASS.—The term ‘biomass’ has the 

18 meaning given the term in section 203(b) of the En19 ergy Policy Act of 2005 (42 U.S.C. 15852(b)). 

20 ‘‘(3) QUALIFIED HYDROPOWER.— 

21 ‘‘(A) IN GENERAL.—The term ‘qualified 

22 hydropower’ means— 

23 ‘‘(i) incremental hydropower; 

24 ‘‘(ii) additions of capacity made on or 

25 after January 1, 2001, or the effective 


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1 commencement date of an existing applica2 ble State renewable electricity standard 

3 program at an existing non-hydroelectric 

4 dam, if— 

5 ‘‘(I) the hydroelectric project in6 stalled on the non-hydroelectric 

7 dam— 

8 ‘‘(aa) is licensed by the Fed9 eral Energy Regulatory Commis10 sion, or is exempt from licensing, 

11 and is in compliance with the 

12 terms and conditions of the li13 cense or exemption; and 

14 ‘‘(bb) meets all other appli15 cable environmental, licensing, 

16 and regulatory requirements, in17 cluding applicable fish passage 

18 requirements; 

19 ‘‘(II) the non-hydroelectric 

20 dam— 

21 ‘‘(aa) was placed in service 

22 before the date of enactment of 

23 this section; 


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1 ‘‘(bb) was operated for flood 

2 control, navigation, or water sup3 ply purposes; and 

4 ‘‘(cc) did not produce hydro5 electric power as of the date of 

6 enactment of this section; and 

7 ‘‘(III) the hydroelectric project is 

8 operated so that the water surface ele9 vation at any given location and time 

10 that would have occurred in the ab11 sence of the hydroelectric project is 

12 maintained, subject to any license re13 quirements imposed under applicable 

14 law that change the water surface ele15 vation for the purpose of improving 

16 the environmental quality of the af17 fected waterway, as certified by the 

18 Federal Energy Regulatory Commis19 sion; and 

20 ‘‘(iii) in the case of the State of Alas21 ka— 

22 ‘‘(I) energy generated by a small 

23 hydroelectric facility that produces 

24 less than 50 megawatts; 


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1 ‘‘(II) energy from pumped stor2 age; and 

3 ‘‘(III) energy from a lake tap. 

4 ‘‘(B) STANDARDS.—Nothing in this para5 graph or the application of this paragraph shall 

6 affect the standards under which the Federal 

7 Energy Regulatory Commission issues licenses 

8 for and regulates hydropower projects under 

9 part I of the Federal Power Act (16 U.S.C. 

10 791a et seq.).’’. 

11 (b) CLERICAL AMENDMENTS.— 

12 (1) SECTION HEADING.—The heading of such 

13 section is amended to read as follows: 

14 ‘‘§ 2917. Development of renewable energy sources on 

15 military lands’’. 

16 (2) TABLE OF SECTIONS.—The table of sections 

17 at the beginning of subchapter I of chapter 173 of 

18 such title is amended by striking the item relating 

19 to section 2917 and inserting the following new 

20 item: 

‘‘2917. Development of renewable energy sources on military lands.’’. 

21 SEC. 209. DEVELOPMENT OF RENEWABLE ENERGY ON MILI22 TARY INSTALLATIONS. 

23 (a) MILITARY INSTALLATIONS STUDY.— 

24 (1) IN GENERAL.—Not later than 2 years after 

25 the date of the enactment of this Act, the Secretary 


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1 of Defense, in consultation with the Secretary of the 

2 Interior, the Secretary of Agriculture, the Secretary 

3 of Energy, and the heads of other Federal agencies, 

4 as appropriate, shall complete a study identifying lo5 cations on military installations and ranges, includ6 ing military installations and ranges composed in 

7 whole or in part from lands withdrawn from the 

8 public domain or subject to a special use permit 

9 issued by the United States Forest Services that— 

10 (A) exhibit a high potential for solar, wind, 

11 geothermal, and other renewable energy produc12 tion; and 

13 (B) could be developed for renewable en14 ergy production in a manner consistent with— 

15 (i) all present and reasonably foresee16 able military training and operational mis17 sion needs and research, development, test18 ing, and evaluation requirements; and 

19 (ii) all applicable environmental re20 quirements. 

21 (2) NOTICE OF INTENT TO PREPARE ENVIRON22 MENTAL IMPACT ANALYSIS.—Not later than 1 year 

23 after the completion of the study required under 

24 paragraph (1), the Secretary of Defense, in con25 sultation with the Secretary of the Interior, the SecVerDate Mar 15 2010 04:54 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2266.IH H2266

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1 retary of Agriculture, the Secretary of Energy, and 

2 the heads of other Federal agencies, as appropriate, 

3 shall prepare and publish in the Federal Register a 

4 Notice of Intent initiating the process to prepare an 

5 environmental impact analysis document to support 

6 a program to develop renewable energy on any lands 

7 identified in the study as suitable for such produc8 tion. 

9 (3) USE OF EXISTING STUDIES AND ASSESS10 MENTS.—The study required by paragraph (1) shall, 

11 to the extent possible, draw from existing studies 

12 and assessments of the Department of Defense, 

13 other Federal agencies, and such other studies as 

14 may be determined by the Secretary of Defense to 

15 be relevant. 

16 (b) ADDITIONAL MATTERS.—The Secretary of De17 fense, in consultation with the Secretary of the Interior, 

18 the Secretary of Agriculture, the Secretary of Energy, and 

19 the heads of other Federal agencies, as appropriate, shall, 

20 not later than 2 years after the date of the enactment of 

21 this Act, prepare a report that— 

22 (1) addresses the legal authorities governing 

23 authorization for the development of renewable en24 ergy facilities on military installations and ranges, 

25 including those composed in whole or in part from 


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1 lands withdrawn from the public domain or subject 

2 to a special use permit issued by the United States 

3 Forest Service, and identifies Federal and State 

4 statutory and regulatory constraints to the develop5 ment of renewable energy facilities on installations 

6 and ranges designed to produce power in excess of 

7 the current or projected requirements of the military 

8 installation or range concerned; 

9 (2) contains recommendations to facilitate and 

10 incentivize large-scale renewable development on 

11 military installations and ranges, including those 

12 composed in whole or in part from lands withdrawn 

13 from the public domain or subject to a special use 

14 permit issued by the United States Forest Service; 

15 and 

16 (3) contains recommendations on— 

17 (A) necessary changes in any law or regu18 lation; 

19 (B) whether the authorization for the use 

20 of such lands for development of renewable en21 ergy projects should be pursuant to lease, con22 tract, right-of-way, permit, or other form of au23 thorization; 

24 (C) methods of improving coordination 

25 among the Federal, State, and local agencies, if 


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1 any, involved in authorizing renewable energy 

2 projects; and 

3 (D) the disposition of revenues resulting 

4 from the development of renewable energy 

5 projects on such lands. 

6 (c) SUBMISSION OF STUDY AND REPORT.—The Sec7 retary shall, upon their completion, submit the study re8 quired by paragraph (a) and the report required by para9 graph (b) to the Committee on Armed Services, the Com10 mittee on Energy and Natural Resources, and the Com11 mittee on Appropriations of the Senate and the Committee 

12 on Armed Services, the Committee on Natural Resources, 

13 and the Committee on Appropriations of the House of 

14 Representatives. 

15 SEC. 210. REPORT ON CROSS-AGENCY RENEWABLE ENERGY 

16 DEVELOPMENT EFFORTS. 

17 Not later than 180 days after the date of the enact18 ment of this Act, the Secretary of Defense, in consultation 

19 with the Secretary of Energy, the Secretary of the Inte20 rior, and the heads of other Federal agencies, as appro21 priate, shall submit to Congress a report addressing cross22 jurisdictional issues involved with the development of re23 newable energy on military installations and ranges, in24 cluding military installations and ranges composed in 

25 whole or in part from lands withdrawn from the public 


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1 domain or subject to a special use permit issued by the 

2 United States Forest Service. The report shall include a 

3 description of the authority to approve such development 

4 and options for disposition or use of funds generated from 

5 these renewable energy projects. 

6 SEC. 211. ELIMINATION OF APPROVAL REQUIREMENT FOR 

7 LONG-TERM CONTRACTS FOR ENERGY OR 

8 FUEL FOR MILITARY INSTALLATIONS. 

9 Section 2922a of title 10, United States Code, is 

10 amended— 

11 (1) in subsection (a), by striking ‘‘Subject to 

12 subsection (b), the Secretary of a military depart13 ment’’ and inserting ‘‘The Secretary of a military 

14 department’’; 

15 (2) by striking subsection (b); and 

16 (3) by redesignating subsection (c) as sub17 section (b). 

18 SEC. 212. CONSIDERATION OF ENERGY SECURITY IN DE19 VELOPING ENERGY PROJECTS ON MILITARY 

20 INSTALLATIONS USING RENEWABLE ENERGY 

21 SOURCES. 

22 (a) POLICY OF PURSUING ENERGY SECURITY.— 

23 (1) POLICY REQUIRED.—The Secretary of De24 fense shall establish a policy under which favorable 

25 consideration is given for energy security in the deVerDate Mar 15 2010 04:54 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2266.IH H2266

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1 sign and development of renewable energy projects 

2 on military installations and ranges. 

3 (2) NOTIFICATION.—The Secretary of Defense 

4 shall provide notification to Congress within 30 days 

5 after entering into any agreement for a facility en6 ergy project described in paragraph (1) that ex7 cludes pursuit of energy security on the grounds 

8 that inclusion of energy security is cost prohibitive. 

9 The Secretary shall also provide a cost-benefit anal10 ysis of the decision. 

11 (3) ENERGY SECURITY DEFINED.—In this sub12 section, the term ‘‘energy security’’ has the meaning 

13 given that term in section 2924 of title 10, United 

14 States Code, as added by subsection (d). 

15 (b) ADDITIONAL CONSIDERATION FOR DEVELOPING

16 AND IMPLEMENTING ENERGY PERFORMANCE GOALS AND

17 ENERGY PERFORMANCE MASTER PLAN.—Section 

18 2911(c) of title 10, United States Code, is amended by 

19 adding at the end the following new paragraph: 

20 ‘‘(12) Opportunities for improving energy secu21 rity for facility energy projects that will use renew22 able energy sources.’’. 

23 (c) REPORTING REQUIREMENT.—Section 2925(a)(3) 

24 of such title is amended by inserting ‘‘whether the project 


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1 incorporates energy security into its design,’’ after 

2 ‘‘through the duration of each such mechanism,’’. 

3 (d) ENERGY SECURITY DEFINED.— 

4 (1) IN GENERAL.—Subchapter III of chapter 

5 173 of title 10, United States Code, is amended by 

6 inserting before section 2925 the following new sec7 tion: 

8 ‘‘§ 2924. Energy security defined 

9 ‘‘(a) IN GENERAL.—In this chapter, the term ‘energy 

10 security’ means having assured access to reliable supplies 

11 of energy and the ability to protect and deliver sufficient 

12 energy to meet operational needs. 

13 ‘‘(b) PURSUIT OF ENERGY SECURITY.—In selecting 

14 facility energy projects on a military installation that will 

15 use renewable energy sources, pursuit of energy security 

16 means the installation will give favorable consideration to 

17 projects that provide power directly into the installation 

18 electrical distribution network. In such cases, this power 

19 should be prioritized to provide the power necessary for 

20 critical assets on the installation in the event of a disrup21 tion in the commercial grid.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of such subchapter is amend24 ed by inserting before the item relating to section 

25 2925 the following new section: 

‘‘2924. Energy security defined.’’. 


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1 (e) STUDY ON USE OF RENEWABLE ENERGY TO IM2 PROVE ENERGY SECURITY.— 

3 (1) STUDY.—Not later than 180 days after the 

4 date of the enactment of this Act, the Secretary of 

5 Defense shall enter into a contract with an inde6 pendent entity to conduct a study on the use of re7 newable energy generation to improve energy secu8 rity at military installations. 

9 (2) REPORT.—Not later than 18 months after 

10 the date of the enactment of this Act, the Secretary 

11 of Defense, in consultation with the Chief Informa12 tion Officer and the relevant energy offices within 

13 the Department of Defense, shall submit to the con14 gressional defense committees a report on the study 

15 conducted under paragraph (1), together with the 

16 Secretary’s recommendations for using renewable 

17 energy generation to improve energy security at mili18 tary installations. 

19 SEC. 213. STUDY ON INSTALLATION ENERGY SECURITY AND 

20 SOCIETAL IMPACTS. 

21 (a) STUDY.—Not later than 180 days after the date 

22 of the enactment of this Act, the Secretary of Defense 

23 shall enter into a contract with an independent entity to 

24 conduct a study on energy security issues at military in25 stallations and related societal impacts. 


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

3 (1) A discussion of policy considerations, in4 cluding engagement with utilities, transmission com5 panies, and other entities involved in the incorpora6 tion of microgrids or other secure power generation 

7 infrastructure on military installations designed to 

8 assure continued mission-critical power in the event 

9 of a failure or extended interruption in the commer10 cial power grid. 

11 (2) An analysis of— 

12 (A) whether, in the event a military instal13 lation has the continued use of a secure 

14 microgrid during a power disruption in an adja15 cent community lasting more than 36 hours, 

16 the military installation should have the capa17 bility and energy-generating capacity in excess 

18 of that required to assure continuation of mis19 sion-critical power in order to allow delivery of 

20 emergency power support to non-Department of 

21 Defense facilities and users providing emer22 gency services and other critical functions in an 

23 adjacent community; 


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1 (B) the policy and other implications of 

2 not developing the capability and capacity de3 scribed in subparagraph (A); 

4 (C) the budgetary implication of developing 

5 the capability and capacity described in sub6 paragraph (A); and 

7 (D) the potential sources of funding from 

8 entities outside the Department of Defense re9 quired to develop the capability and capacity 

10 described in subparagraph (A). 

11 (c) REPORT.—Not later than 18 months after the 

12 date of the enactment of this Act, the Secretary of Defense 

13 shall submit to Congress a report on the study conducted 

14 under this section, together with a plan for implementing 

15 the recommendations of the study. 

Æ 


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