II 

116TH CONGRESS 

1ST SESSION S. 1498 

To require the Secretary of Defense to enhance the readiness of the Department of Defense to challenges relating to climate change and to improve 

the energy and resource efficiency of the Department, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 15, 2019 

Ms. WARREN (for herself, Mr. SCHATZ, and Mr. WHITEHOUSE) introduced the 

following bill; which was read twice and referred to the Committee on 

Armed Services 

A BILL 

To require the Secretary of Defense to enhance the readiness 

of the Department of Defense to challenges relating to 

climate change and to improve the energy and resource 

efficiency of the Department, 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. 

4 This Act may be cited as the ‘‘Department of Defense 

5 Climate Resiliency and Readiness Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) CLIMATE CHANGE.—The term ‘‘climate 

2 change’’ means a change of climate that is— 

3 (A) attributed directly or indirectly to 

4 human activity that alters the composition of 

5 the global atmosphere; and 

6 (B) in addition to natural climate varia7 bility observed over comparable time periods. 

8 (2) CONGRESSIONAL DEFENSE COMMITTEES.— 

9 The term ‘‘congressional defense committees’’ has 

10 the meaning given that term in section 101(a)(16) 

11 of title 10, United States Code. 

12 (3) NET ZERO ENERGY.—The term ‘‘net zero 

13 energy’’ means, with respect to each installation of 

14 the Department of Defense, a reduction in overall 

15 energy use, maximization of energy efficiency, and 

16 implementation and use of energy recovery and co17 generation capabilities at each installation, and an 

18 offset of the remaining demand for energy with pro19 duction of energy from onsite renewable energy 

20 sources at such installation, such that such installa21 tion produces as much energy as it uses over the 

22 course of a year. 

23 (4) RESILIENCY.—The term ‘‘resiliency’’ 

24 means, with respect to each installation of the De25 partment of Defense, an anticipation, preparation 


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1 for, and adaptation of each installation to utility dis2 ruptions and changing environmental conditions, and 

3 the achievement and maintenance by such installa4 tion of the capability to withstand, respond to, and 

5 recover rapidly from utility disruptions while ensur6 ing the sustainment of mission-critical operations. 

7 (5) NON-OPERATIONAL SOURCES.—The term 

8 ‘‘non-operational sources’’— 

9 (A) means fixed installations, enduring lo10 cations, and non-tactical vehicles of the Depart11 ment of Defense; and 

12 (B) does not include sources in connection 

13 with the training, moving, and sustaining of the 

14 Armed Forces and weapons platforms for mili15 tary operations and training, including tactical 

16 power systems and generators at non-enduring 

17 locations of the Department of Defense. 

18 (6) RENEWABLE ENERGY SOURCE.—The term 

19 ‘‘renewable energy source’’ has the meaning given 

20 that term in section 2924(6) of title 10, United 

21 States Code. 

22 (7) UNITED STATES.—The term ‘‘United 

23 States’’ means the several States, the District of Co24 lumbia, and any territory or possession of the 

25 United States. 


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1 SEC. 3. NET ZERO ENERGY BY NON-OPERATIONAL 

2 SOURCES OF THE DEPARTMENT OF DE3 FENSE. 

4 (a) IN GENERAL.—The Department of Defense shall 

5 achieve aggregate net zero energy in use of energy by non6 operational sources by not later than December 31, 2029. 

7 (b) STRATEGY.— 

8 (1) IN GENERAL.—Not later than one year 

9 after the date of the enactment of this Act, the Sec10 retary of Defense shall submit to Congress a report 

11 setting forth the strategy of the Department of De12 fense to achieve the requirement under subsection 

13 (a). 

14 (2) ELEMENTS.—The report required by para15 graph (1) shall set forth the following: 

16 (A) The strategy of the Department of De17 fense to achieve the requirement under sub18 section (a) for all installations under the juris19 diction of the Department (other than the mili20 tary departments). 

21 (B) The strategy of each military depart22 ment to achieve the requirement under sub23 section (a) for all installations under the juris24 diction of such department. 

25 (C) An assessment of the manner in which 

26 the achievement by the Department of Defense 


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1 of the requirement under subsection (a) will en2 hance the readiness of the Armed Forces to ad3 dress threats posed by Russia, China, Iran, 

4 North Korea, and violent extremism. 

5 (3) BIENNIAL UPDATE.—Not later than two 

6 years after the submittal of the report required by 

7 paragraph (1), and every two years thereafter 

8 through December 31, 2029, the Secretary shall 

9 submit to Congress a report setting forth the fol10 lowing: 

11 (A) A current assessment of the progress 

12 of the Department of Defense in implementing 

13 the strategy described in paragraph (1), set 

14 forth by military department, Defense Agency, 

15 and other component or element of the Depart16 ment. 

17 (B) Any updates to the strategy. 

18 (4) CONSULTATION.—The Secretary shall con19 sult with the National Academy of Sciences and a 

20 federally funded research and development center in 

21 developing the report required by paragraph (1) and 

22 any update to that report under paragraph (3). 

23 (c) WAIVER.— 


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

2 may waive the requirement in subsection (a) if the 

3 Secretary— 

4 (A) determines that achievement of such 

5 requirement would adversely affect operational 

6 safety, force protection, or the national security 

7 interests of the United States; and 

8 (B) submits to the congressional defense 

9 committees a written notification of the waiver, 

10 together with a justification for the waiver. 

11 (2) PERIOD.—The period of any waiver under 

12 paragraph (1) may not exceed 30 days. 

13 (3) RENEWAL.—Any waiver under this sub14 section may be renewed one or more times, in the 

15 manner provided for the initial such waiver under 

16 paragraph (1) and for the period provided for in 

17 paragraph (2). 

18 SEC. 4. CLIMATE-CONSCIOUS BUDGETING OF DEPARTMENT 

19 OF DEFENSE. 

20 (a) IN GENERAL.—The Secretary of Defense shall in21 clude in the annual budget submission of the President 

22 under section 1105(a) of title 31, United States Code— 

23 (1) a dedicated budget line item for adaptation 

24 to, and mitigation of, climate-related risks to mili25 tary networks, systems, installations, facilities, and 


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1 other assets and capabilities of the Department of 

2 Defense; and 

3 (2) an estimate of the anticipated adverse im4 pacts to the readiness of the Department and the fi5 nancial costs to the Department during the year cov6 ered by the budget of the loss of, or damage to, mili7 tary networks, systems, installations, facilities, and 

8 other assets and capabilities of the Department, in9 cluding loss of or obstructed access to training 

10 ranges, as a result of climate change. 

11 (b) DISAGGREGATION OF IMPACTS AND COSTS.—The 

12 estimate under subsection (a)(2) shall set forth the ad13 verse readiness impacts and financial costs under that 

14 subsection by military department, Defense Agency, and 

15 other component or element of the Department. 

16 SEC. 5. INCLUSION IN ANNUAL ENERGY MANAGEMENT AND 

17 RESILIENCE REPORT OF DEPARTMENT OF 

18 DEFENSE OF LIST OF MILITARY INSTALLA19 TIONS THAT EMIT THE MOST CARBON AND 

20 ESTIMATE OF ENERGY CONSUMPTION BY DE21 PARTMENT. 

22 (a) IN GENERAL.—For every fiscal year beginning 

23 after the date of the enactment of this Act, the Secretary 

24 of Defense shall include in the Annual Energy Manage25 ment and Resilience Report for that fiscal year— 


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1 (1) a list of the ten installations within each 

2 military department that emit the most carbon; 

3 (2) an estimate of all energy consumption by 

4 the Department of Defense, including greenhouse 

5 gas emissions; and 

6 (3) an assessment of greenhouse gas emissions 

7 at all installations of the Department, disaggregated 

8 by operational and non-operational sources. 

9 (b) METRICS.—In determining energy consumption 

10 and greenhouse gas emissions under paragraphs (2) and 

11 (3) of subsection (a), the Secretary shall use metrics es12 tablished by the Under Secretary of Defense for Acquisi13 tion and Sustainment, in consultation with the National 

14 Academy of Sciences and a federally funded research and 

15 development center. 

16 SEC. 6. CLIMATE-CONSCIOUS CONTRACTING OF DEPART17 MENT OF DEFENSE. 

18 (a) IN GENERAL.—Chapter 137 of title 10, United 

19 States Code, is amended by adding at the end the fol20 lowing new section: 

21 ‘‘§ 2339b. Requirements relating to energy consump22 tion and climate change 

23 ‘‘(a) PROJECTED ENERGY CONSUMPTION.—Each 

24 Department of Defense contract for the procurement of 

25 property or services entered into on or after October 1, 


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1 2019, shall include a written estimate by the Department 

2 of the total projected energy consumption of all work to 

3 be performed under the contract, and a statement of 

4 whether the contract will include investments by the con5 tractor or the Department in renewable energy or energy6 efficient sources. 

7 ‘‘(b) POLICY ON CONSIDERATION OF CERTAIN FAC8 TORS IN DETERMINATIONS TO AWARD CONTRACTS.—In 

9 making any determination to enter into a contract de10 scribed in subsection (a), the Secretary of Defense shall 

11 take into account— 

12 ‘‘(1) whether the contractor verifiably produces 

13 as much renewable energy as the total energy it con14 sumes; and 

15 ‘‘(2) whether there is any order against the con16 tractor by the Environmental Protection Agency, the 

17 Department of Justice, or a State attorney general 

18 to pay a fine or take remedial action for a violation 

19 of an environmental law or regulation of the United 

20 States. 

21 ‘‘(c) DISCLOSURE OF CLIMATE-RELATED RISKS.— 

22 Each prospective contractor with the Department of De23 fense shall, as a prerequisite of bidding for a contract with 

24 the Department, submit a detailed statement to the De25 partment that includes information regarding— 


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1 ‘‘(1) the identification of, the evaluation of po2 tential financial impacts of, and any risk-manage3 ment strategies relating to— 

4 ‘‘(A) physical risks posed to the contractor 

5 by climate change; and 

6 ‘‘(B) transition risks posed to the con7 tractor by climate change; and 

8 ‘‘(2) a description of any established corporate 

9 governance processes and structures to identify, as10 sess, and manage climate-related risks. 

11 ‘‘(d) ASSESSMENT OF FEES TO COMBAT CLIMATE

12 CHANGE.—(1) Each Department of Defense contract for 

13 the procurement of property or services entered into on 

14 or after October 1, 2019, shall include a requirement that 

15 the contractor pay to the Department of Defense a fee 

16 equal to one percent of the value of the contract in the 

17 case of a contractor that is not, at the time of the Depart18 ment’s solicitation of the contract, verifiably producing as 

19 much renewable energy as the total energy it consumes. 

20 ‘‘(2) Any contractor required to pay a fee under para21 graph (1) with respect to a contract may not offset the 

22 cost of such fee by increasing the amount of the proposal 

23 for such contract. 


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1 ‘‘(e) WAIVER.—(1) The Secretary of Defense may 

2 waive the requirements in subsections (a) and (b) if the 

3 Secretary— 

4 ‘‘(A)(i) determines that such requirements 

5 would adversely affect operational safety, force pro6 tection, or the national security interests of the 

7 United States; or 

8 ‘‘(ii) with respect to particular property or serv9 ices, determines that— 

10 ‘‘(I) market conditions for the property or 

11 services have adversely affected (or will in the 

12 near future adversely affect) the acquisition of 

13 the property or services by the Department of 

14 Defense; and 

15 ‘‘(II) the waiver will expedite or facilitate 

16 the acquisition of the property or services; and 

17 ‘‘(B) submits to the congressional defense com18 mittees a written notification of the waiver, together 

19 with a justification for the waiver. 

20 ‘‘(2) The period of any waiver under paragraph (1) 

21 may not exceed 30 days. 

22 ‘‘(3) Any waiver under this subsection may be re23 newed one or more times, in the manner provided for the 

24 initial such waiver under paragraph (1) and for the period 

25 provided for in paragraph (2).’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 137 of title 10, United States 

3 Code, is amended by inserting after the item relating to 

4 section 2339a the following new item: 

‘‘2339b. Requirements relating to energy consumption and climate change.’’. 

5 (c) ENERGY AND CLIMATE RESILIENCY FUND.— 

6 (1) IN GENERAL.—There is established in the 

7 Treasury of the United States a fund, to be known 

8 as the ‘‘Energy and Climate Resiliency Fund’’ (in 

9 this subsection referred to as the ‘‘Fund’’), to be ad10 ministered by the Secretary of Defense. 

11 (2) USE OF AMOUNTS.—Amounts deposited in 

12 the Fund shall be used only for climate-related im13 provements that contribute to the continued oper14 ational viability and the resiliency of the networks, 

15 systems, installations, facilities, and other assets and 

16 capabilities of the Department of Defense. 

17 (3) DEPOSIT AND AVAILABILITY OF

18 AMOUNTS.—Notwithstanding section 3302 of title 

19 31, United States Code, fees collected under section 

20 2339b(b) of title 10, United States Code, as added 

21 by subsection (a)— 

22 (A) shall be deposited into the Fund to 

23 carry out the activities described in paragraph 

24 (2); 


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1 (B) to the extent and in the amounts pro2 vided in advance in appropriations Acts, shall 

3 be available to the Secretary of Defense; and 

4 (C) shall remain available until expended. 

5 (4) CLIMATE-RELATED IMPROVEMENTS DE6 FINED.—In this subsection, the term ‘‘climate-re7 lated improvements’’ means efforts by the Depart8 ment of Defense to prepare for, or mitigate the ef9 fects of, the following: 

10 (A) Extreme weather. 

11 (B) Rising sea tides. 

12 (C) Increased flooding. 

13 (D) Drought. 

14 (E) Desertification. 

15 (F) Wildfires. 

16 (G) Thawing permafrost. 

17 (H) Such other conditions as the Secretary 

18 determines necessary. 

19 SEC. 7. DEVELOPMENT OF CLIMATE VULNERABILITY AND 

20 RISK ASSESSMENT TOOL. 

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

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

23 shall develop a climate vulnerability and risk assessment 

24 tool to assist the military departments in measuring how 

25 the risks associated with climate change impact networks, 


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1 systems, installations, facilities, and other assets, as well 

2 as the operational plans and capabilities of the Depart3 ment of Defense. 

4 (b) CONSULTATION.—In developing the tool under 

5 subsection (a), the Secretary shall consult with the Admin6 istrator of the Environmental Protection Agency, the Sec7 retary of Energy, the Administrator of the National Oce8 anic and Atmospheric Administration, the Administrator 

9 of the Federal Emergency Management Agency, the Com10 mander of the Army Corps of Engineers, the Adminis11 trator of the National Aeronautics and Space Administra12 tion, a federally funded research and development center, 

13 and the heads of such other relevant Federal agencies as 

14 the Secretary of Defense determines appropriate. 

15 (c) PREVAILING SCIENTIFIC CONSENSUS.—Before 

16 completing development of the tool under subsection (a), 

17 the Secretary shall obtain from the National Academy of 

18 Sciences and a federally funded research and development 

19 center with which the Secretary has consulted under sub20 section (b) a certification in writing that the tool contains 

21 a methodology that adequately incorporates the prevailing 

22 scientific consensus on climate change. 

23 (d) REPORT.— 

24 (1) IN GENERAL.—Not later than 180 days 

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1 retary shall submit to the congressional defense com2 mittees a report describing the tool developed under 

3 subsection (a). 

4 (2) CLASSIFIED ANNEX.—The report under 

5 paragraph (1) shall be submitted in unclassified 

6 form but may contain a classified annex if necessary. 

7 (3) PUBLICATION.—Upon submittal of the re8 port under paragraph (1), the Secretary shall pub9 lish the unclassified portion of the report on an 

10 internet website of the Department that is available 

11 to the public. 

12 (e) UPDATES TO TOOL.— 

13 (1) IN GENERAL.—After submittal of the report 

14 under subsection (d), the Secretary of Defense shall 

15 update the climate vulnerability and risk assessment 

16 tool developed under subsection (a) as the Secretary 

17 considers necessary and appropriate, in consultation 

18 with the individuals and entities described in sub19 section (b) and consistent with the prevailing sci20 entific consensus as required under subsection (c). 

21 (2) REPORT AND PUBLICATION.—Upon com22 pleting an update to the tool under paragraph (1), 

23 the Secretary shall— 


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1 (A) submit to the congressional defense 

2 committees a report describing such update; 

3 and 

4 (B) publish the unclassified version of such 

5 report on an internet website of the Depart6 ment that is available to the public. 

7 SEC. 8. ANNUAL REPORT ON EFFECTS OF CLIMATE 

8 CHANGE ON DEPARTMENT OF DEFENSE. 

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

10 date of the enactment of this Act, and annually thereafter, 

11 the Secretary of Defense shall submit to the congressional 

12 defense committees a report on vulnerabilities to military 

13 installations and combatant commander requirements re14 sulting from climate change that builds upon the report 

15 submitted under section 335(c) of the National Defense 

16 Authorization Act for Fiscal Year 2018 (Public Law 115– 

17 91; 131 Stat. 1358). 

18 (b) USE OF CLIMATE VULNERABILITY AND RISK AS19 SESSMENT TOOL.—In preparing the report required by 

20 subsection (a), the Secretary shall use the climate vulner21 ability and risk assessment tool developed under section 

22 7. 

23 (c) ELEMENTS.—The report required by subsection 

24 (a) shall include the following: 


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1 (1) An explanation of the underlying method2 ology behind the climate vulnerability analysis con3 ducted in preparing the report under section 335(c) 

4 of the National Defense Authorization Act for Fiscal 

5 Year 2018. 

6 (2) An assessment of how climate change af7 fects low-lying military installations, military instal8 lations of the Navy and the Marine Corps, and mili9 tary installations outside the United States. 

10 (3) An assessment of how climate change af11 fects access of members of the Armed Forces to 

12 training ranges. 

13 (4) With respect to a military installation in a 

14 country outside the United States, an assessment of 

15 the collaboration between the Department of De16 fense and the military or civilian agencies of the gov17 ernment of that country or nongovernmental organi18 zations operating in that country to adapt to risks 

19 from climate change. 

20 (5) An assessment of how climate change af21 fects housing safety and food security on military in22 stallations. 

23 (6) An assessment of the strategic benefits de24 rived from isolating infrastructure of the Depart25 ment of Defense in the United States from the naVerDate Sep 11 2014 22:32 May 28, 2019 Jkt 034408 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1498.IS S1498

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1 tional electric grid and the use of energy-efficient, 

2 distributed, and smart power grids by the Armed 

3 Forces in the United States and overseas to ensure 

4 affordable access to electricity. 

5 (7) A list of the ten military installations within 

6 each military department that are most vulnerable to 

7 climate change based on the effects of the following: 

8 (A) Geographic location. 

9 (B) Extreme weather. 

10 (C) Rising sea tides. 

11 (D) Increased flooding. 

12 (E) Drought. 

13 (F) Desertification. 

14 (G) Wildfires. 

15 (H) Thawing permafrost. 

16 (I) Such other categories as the Secretary 

17 determines necessary. 

18 (8) A climate vulnerability score, determined by 

19 the Secretary, for each military installation of the 

20 Department. 

21 (9) An overview of mitigations, in addition to 

22 current efforts undertaken by the Department, that 

23 may be necessary to ensure the continued oper24 ational viability and to increase the resiliency of the 

25 vulnerable military installations identified under 


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1 paragraph (7), and the estimated costs of those miti2 gations. 

3 (10) An assessment of how adapting to climate 

4 change impacts the readiness of the Armed Forces 

5 to address the threats posed by Russia, China, Iran, 

6 North Korea, and violent extremism. 

7 (d) CONSULTATION.—In developing each report 

8 under subsection (a), the Secretary of Defense shall con9 sult with the Administrator of the Environmental Protec10 tion Agency, the Secretary of Energy, the Administrator 

11 of the National Oceanic and Atmospheric Administration, 

12 the Administrator of the Federal Emergency Management 

13 Agency, the Commander of the Army Corps of Engineers, 

14 the Administrator of the National Aeronautics and Space 

15 Administration, a federally funded research and develop16 ment center, and the heads of such other relevant Federal 

17 agencies as the Secretary of Defense determines appro18 priate. 

19 (e) FORM OF REPORT.—The report required by sub20 section (a) shall be submitted in unclassified form but may 

21 contain a classified annex if necessary. 

22 (f) PUBLICATION.—Upon submittal of the report re23 quired by subsection (a), the Secretary of Defense shall 

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1 net website of the Department of Defense that is available 

2 to the public. 

3 SEC. 9. INCORPORATION OF CLIMATE RESILIENCY INTO 

4 EXISTING STRATEGIES OF THE DEPARTMENT 

5 OF DEFENSE. 

6 (a) CONSIDERATION OF RISKS OF CLIMATE CHANGE

7 IN MAKING STRATEGIC DECISIONS RELATING TO MILI8 TARY INSTALLATIONS.—The Secretary of each military 

9 department, with respect to any installation under the ju10 risdiction of that Secretary, and the Secretary of Defense, 

11 with respect to any installation of the Department of De12 fense that is not under the jurisdiction of the Secretary 

13 of a military department, shall consider the risks associ14 ated with climate change when making any strategic deci15 sion relating to such installation, including where to locate 

16 such installation and where to position equipment, infra17 structure, and other military assets. 

18 (b) CODIFICATION OF DIRECTIVE ON CLIMATE

19 CHANGE.— 

20 (1) IN GENERAL.—Directive 4715.21 of the De21 partment of Defense, dated January 14, 2016, and 

22 entitled ‘‘Climate Change Adaptation and Resil23 ience’’, shall remain in effect. 

24 (2) REPORTS ON IMPLEMENTATION OF DIREC25 TIVE.—Each posture statement submitted to ConVerDate Sep 11 2014 22:32 May 28, 2019 Jkt 034408 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1498.IS S1498

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1 gress by the Secretary of a military department, the 

2 Chairman of the Joint Chiefs of Staff, or the com3 mander of a combatant command shall include a de4 scription of the implementation and discharge by 

5 such official of the Directive referred to in para6 graph (1), including the personnel assigned to imple7 ment and discharge the Directive and the progress 

8 achieved in such implementation and discharge. 

9 (c) INCORPORATION OF CLIMATE CHANGE INTO CER10 TAIN DEFENSE STRATEGIES.— 

11 (1) IN GENERAL.—The Secretary of Defense, in 

12 coordination with the heads of other elements of the 

13 intelligence community, the Administrator of the 

14 Environmental Protection Agency, the Secretary of 

15 Energy, the Administrator of the National Oceanic 

16 and Atmospheric Administration, the Administrator 

17 of the Federal Emergency Management Agency, the 

18 Commander of the Army Corps of Engineers, the 

19 Administrator of the National Aeronautics and 

20 Space Administration, and the heads of such other 

21 relevant Federal agencies as the Secretary of De22 fense determines appropriate, shall incorporate cli23 mate change into the National Defense Strategy, the 

24 National Military Strategy, and operational plans of 

25 the Department of Defense. 


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1 (2) INTELLIGENCE COMMUNITY DEFINED.—In 

2 this subsection, the term ‘‘intelligence community’’ 

3 has the meaning given that term in section 3 of the 

4 National Security Act of 1947 (50 U.S.C. 3003). 

5 (d) IMPLEMENTATION AND DISCHARGE OF REQUIRE6 MENTS.— 

7 (1) CROSS-FUNCTIONAL TEAM ON INCORPORA8 TION OF CLIMATE RESILIENCY INTO DEFENSE

9 STRATEGIES.—Among the cross-functional teams es10 tablished by the Secretary of Defense pursuant to 

11 subsection (c) of section 911 of the National De12 fense Authorization Act for Fiscal Year 2017 (Pub13 lic Law 114–328; 130 Stat. 2345; 10 U.S.C. 111 

14 note) in support of the organizational strategy for 

15 the Department of Defense required by subsection 

16 (a) of that section, the Secretary shall establish a 

17 cross-functional team on the implementation and 

18 discharge of the requirements under this section. 

19 (2) ESTABLISHMENT AND ACTIVITIES.—The 

20 cross-functional team required by paragraph (1) 

21 shall be established in accordance with subsection (c) 

22 of section 911 of the National Defense Authorization 

23 Act for Fiscal Year 2017, and shall be governed in 

24 its activities in accordance with the provisions of 

25 such subsection (c). 


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1 (3) DEADLINE FOR ESTABLISHMENT.—The 

2 cross-functional team required by paragraph (1) 

3 shall be established by not later than 90 days after 

4 the date of the enactment of this Act. 

5 SEC. 10. RESEARCH, DEVELOPMENT, AND DEMONSTRATION 

6 PROGRAM ON ENERGY STORAGE, HYBRID 

7 MICROGRID, AND ENERGY RESILIENCY. 

8 (a) PROGRAM REQUIRED.—The Secretary of De9 fense, in consultation with the Secretary of Energy, shall 

10 conduct a program of research, development, and dem11 onstration of hybrid microgrid systems and electric grid 

12 energy storage. 

13 (b) MULTIDISCIPLINARY TEAMS.— 

14 (1) IN GENERAL.—In carrying out the program 

15 under subsection (a), the Secretary of Defense shall 

16 organize activities among multidisciplinary teams to 

17 leverage, to the maximum extent practicable, exper18 tise from the Department of Energy, the National 

19 Laboratories, institutions of higher education, and 

20 the private sector. 

21 (2) GOALS.—The multidisciplinary teams orga22 nized under paragraph (1) shall pursue aggressive, 

23 milestone-driven, and basic research, development, 

24 and demonstration goals to carry out the program 

25 under subsection (a). 


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1 (3) RESOURCES.—The Secretary of Defense 

2 shall provide sufficient resources to the multidisci3 plinary teams organized under paragraph (1) to 

4 achieve the goals described in paragraph (2) over a 

5 10-year period. 

6 (c) AREAS OF FOCUS.—The program under sub7 section (a) shall focus on— 

8 (1) addressing electrical power intermittency; 

9 (2) integrating renewable energy sources into 

10 microgrid systems, hybrid microgrid systems, energy 

11 storage, grid security, and local generation of zero12 carbon fuels; 

13 (3) the inspection and structural health moni14 toring of critical energy infrastructure; 

15 (4) materials, electric thermal, 

16 electromechanical, and electrochemical systems re17 search; 

18 (5) power conversion technologies research; 

19 (6) developing and using fuel-efficient engines; 

20 (7) additive manufacturing; 

21 (8) developing— 

22 (A) empirical and science-based industry 

23 standards to compare the storage capacity, 

24 cycle length and capabilities, and reliability of 

25 different types of electricity storage; and 


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1 (B) validation and testing techniques; 

2 (9) other fundamental and applied research 

3 critical to widespread deployment of electricity stor4 age; 

5 (10) device development that builds on results 

6 from research described in paragraphs (4), (5), and 

7 (9), including combinations of power electronics, ad8 vanced optimizing controls, and energy storage as a 

9 general purpose element of the electric grid; 

10 (11) micro-scale testing and analysis of storage 

11 devices, including test-beds and field trials; 

12 (12) microgrid systems and hybrid microgrid 

13 systems to increase the resilience of critical infra14 structure of the Department of Defense; 

15 (13) the potential for energy storage and re16 newable resources, including wind, solar, and hydro17 power, to be integrated into microgrid systems or 

18 hybrid microgrid systems of installations of the De19 partment of Defense; 

20 (14) the capacity of the workforce of the De21 partment of Defense to operate, maintain, and re22 pair a microgrid system or hybrid microgrid system; 

23 (15) opportunities to develop the capacity to op24 erate, maintain, and repair a hybrid microgrid sys25 tem; 


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1 (16) leveraging existing capacity within local or 

2 regional research organizations, such as organiza3 tions based at institutions of higher education, to 

4 support development of hybrid microgrid systems, 

5 including by testing novel components and systems 

6 prior to field deployment; 

7 (17) electricity storage device safety and reli8 ability, including potential failure modes, mitigation 

9 measures, and operational guidelines; 

10 (18) standards for performance, control inter11 face, grid interconnection, and interoperability of 

12 electricity storage devices; 

13 (19) maintaining a public database of energy 

14 storage projects, policies, codes, standards, and reg15 ulations; and 

16 (20) such other criteria as the Secretary of De17 fense, in consultation with the Secretary of Energy, 

18 determines appropriate. 

19 (d) COLLABORATION.—The program under sub20 section (a) shall be carried out in collaboration with rel21 evant stakeholders, including, as appropriate— 

22 (1) States; 

23 (2) Indian tribes; 

24 (3) regional entities and regulators; 

25 (4) units of local government; 


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1 (5) institutions of higher education, including 

2 historically Black colleges or universities and other 

3 minority-serving institutions; and 

4 (6) private sector entities. 

5 (e) REPORT.— 

6 (1) IN GENERAL.—Not later than 180 days 

7 after the date of enactment of this Act, and annually 

8 thereafter until 2031, the Secretary of Defense shall 

9 submit to the congressional defense committees a re10 port on the efforts to implement the program under 

11 subsection (a), including any strategy developed to 

12 implement such program. 

13 (2) CLASSIFIED ANNEX.—The report under 

14 paragraph (1) shall be submitted in unclassified 

15 form but may contain a classified annex if necessary. 

16 (3) PUBLICATION.—Upon submittal of the re17 port under paragraph (1), the Secretary shall pub18 lish the unclassified portion of the report on an 

19 internet website of the Department that is available 

20 to the public. 

21 (f) ASSISTANCE TO STATES.—The Secretary of De22 fense may provide technical and financial assistance to 

23 States, Indian tribes, units of local government, institu24 tions of higher education, or private sector entities to parVerDate Sep 11 2014 22:32 May 28, 2019 Jkt 034408 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1498.IS S1498

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1 ticipate in or use research, development, or demonstration 

2 of technology developed under this section. 

3 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Secretary of Defense 

5 to carry out this section the following: 

6 (1) For fiscal year 2020, $10,000,000. 

7 (2) For fiscal year 2021, $25,000,000. 

8 (3) For fiscal year 2022, $50,000,000. 

9 (4) For fiscal year 2023, $75,000,000. 

10 (5) For fiscal year 2024, $125,000,000. 

11 (6) For fiscal year 2025, $200,000,000. 

12 (7) For each of fiscal years 2026 through 2030, 

13 $250,000,000. 

14 (h) NO EFFECT ON OTHER PROVISIONS OF LAW.— 

15 Nothing in this section authorizes regulatory actions that 

16 would duplicate or conflict with regulatory requirements, 

17 mandatory standards, or related processes under section 

18 215 of the Federal Power Act (16 U.S.C. 824o). 

19 (i) USE OF FUNDS.—To the maximum extent prac20 ticable, in carrying out this section, the Secretary of De21 fense shall ensure that the use of funds to carry out this 

22 section is coordinated with the Secretary of Energy and 

23 among different offices within the Grid Modernization Ini24 tiative of the Department of Energy and other programs 

25 conducting energy storage research. 


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1 (j) DEFINITIONS.—In this section: 

2 (1) HISTORICALLY BLACK COLLEGE OR UNI3 VERSITY.—The term ‘‘historically Black college or 

4 university’’ has the meaning given the term ‘‘part B 

5 institution’’ in section 322(2) of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1061(2)). 

7 (2) HYBRID MICROGRID SYSTEM.—The term 

8 ‘‘hybrid microgrid system’’ means a stand-alone elec9 trical system that— 

10 (A) is comprised of conventional generation 

11 and at least one alternative energy resource; 

12 and 

13 (B) may use grid-scale energy storage. 

14 (3) MICROGRID SYSTEM.—The term ‘‘microgrid 

15 system’’ means a standalone electrical system that 

16 uses grid-scale energy storage. 

17 (4) NATIONAL LABORATORY.—The term ‘‘Na18 tional Laboratory’’ has the meaning given that term 

19 in section 2 of the Energy Policy Act of 2005 (42 

20 U.S.C. 15801). 


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1 SEC. 11. CONDITIONS ON BASE REALIGNMENT AND CLO2 SURE ACTIVITIES FUNDED THROUGH BASE 

3 CLOSURE ACCOUNT OF DEPARTMENT OF DE4 FENSE. 

5 (a) CONSIDERATION OF FACTORS REQUIRED.—With 

6 respect to any Base Realignment and Closure round begun 

7 by the Department of Defense after the date of the enact8 ment of this Act, the Department shall consider current 

9 and potential vulnerabilities to installations and operations 

10 of the Department of Defense resulting from climate 

11 change and the resiliency of installations of the Depart12 ment as described in section 2(3)(B). 

13 (b) BASE REALIGNMENT AND CLOSURE ROUND DE14 FINED.—In this section, the term ‘‘Base Realignment and 

15 Closure round’’ means base realignment and closure ac16 tivities, including real property acquisition and military 

17 construction projects, as authorized by the Defense Base 

18 Closure and Realignment Act of 1990 (part A of title 

19 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 

20 funded through the Department of Defense Base Closure 

21 Account established by section 2906 of such Act (as 

22 amended by section 2711 of the Military Construction Au23 thorization Act for Fiscal Year 2013 (division B of Public 

24 Law 112–239; 126 Stat. 2140)). 


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1 SEC. 12. ASSISTANT SECRETARY OF DEFENSE AND OF THE 

2 MILITARY DEPARTMENTS FOR ENERGY AND 

3 CLIMATE RESILIENCY. 

4 (a) ASSISTANT SECRETARY OF DEFENSE FOR EN5 ERGY AND CLIMATE RESILIENCY.— 

6 (1) IN GENERAL.—Section 138 of title 10, 

7 United States Code, is amended— 

8 (A) in subsection (a)(1), by striking ‘‘13’’ 

9 and inserting ‘‘14’’; and 

10 (B) in subsection (b), by adding at the end 

11 the following new paragraph: 

12 ‘‘(5) One of the Assistant Secretaries is the Assistant 

13 Secretary of Defense for Energy and Climate Resiliency. 

14 The principal duty of the Assistant Secretary shall be the 

15 overall supervision of energy and climate resiliency mat16 ters of the Department of Defense.’’. 

17 (2) DUTIES.—Not later than 90 days after the 

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

19 Defense shall prescribe the duties of the Assistant 

20 Secretary of Defense for Energy and Climate Resil21 iency under section 138(b)(5) of title 10, United 

22 States Code (as added by paragraph (1)). In pre23 scribing such duties, the Secretary shall— 

24 (A) specify the duties currently performed 

25 by the Assistant Secretary of Defense for In26 stallations, Energy, and the Environment that 


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1 shall be performed instead by the Assistant Sec2 retary of Defense for Energy and Climate Resil3 iency; and 

4 (B) specify the duties and responsibilities 

5 of the Assistant Secretary of Defense for En6 ergy and Climate Resiliency for oversight of the 

7 implementation of the requirements of this Act 

8 by the Department of Defense. 

9 (b) ASSISTANT SECRETARIES OF THE MILITARY DE10 PARTMENTS.— 

11 (1) DEPARTMENT OF THE ARMY.—Section 

12 7016 of such title is amended— 

13 (A) in subsection (a), by striking ‘‘five’’ 

14 and inserting ‘‘six’’; and 

15 (B) in subsection (b), by adding at the end 

16 the following new paragraph: 

17 ‘‘(6) One of the Assistant Secretaries shall be the As18 sistant Secretary of the Army for Energy and Climate Re19 siliency. The principal duty of the Assistant Secretary 

20 shall be the overall supervision of energy and climate resil21 iency matters of the Department of the Army.’’. 

22 (2) DEPARTMENT OF THE NAVY.—Section 8016 

23 of such title is amended— 

24 (A) in subsection (a), by striking ‘‘four’’ 

25 and inserting ‘‘five’’; and 


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1 (B) in subsection (b), by adding at the end 

2 the following new paragraph: 

3 ‘‘(5) One of the Assistant Secretaries shall be the As4 sistant Secretary of the Navy for Energy and Climate Re5 siliency. The principal duty of the Assistant Secretary 

6 shall be the overall supervision of energy and climate resil7 iency matters of the Department of the Navy.’’. 

8 (3) DEPARTMENT OF THE AIR FORCE.—Section 

9 9016 of such title is amended— 

10 (A) in subsection (a), by striking ‘‘four’’ 

11 and inserting ‘‘five’’; and 

12 (B) in subsection (b), by adding at the end 

13 the following new paragraph: 

14 ‘‘(5) One of the Assistant Secretaries shall be the As15 sistant Secretary of the Air Force for Energy and Climate 

16 Resiliency. The principal duty of the Assistant Secretary 

17 shall be the overall supervision of energy and climate resil18 iency matters of the Department of the Air Force.’’. 

19 (4) DUTIES.—Not later than 90 days after the 

20 date of the enactment of this Act, each Secretary of 

21 a military department shall prescribe the duties of 

22 the Assistant Secretary of such military department 

23 for energy and climate resiliency under the applica24 ble amendments made by this subsection. In pre25 scribing such duties, such Secretary shall— 


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1 (A) specify the duties currently performed 

2 by the Assistant Secretary of such military de3 partment for installations, energy, and the envi4 ronment that shall be performed instead by the 

5 Assistant Secretary of such military department 

6 for energy and climate resiliency; and 

7 (B) specify the duties and responsibilities 

8 of the Assistant Secretary of such military de9 partment for energy and climate resiliency for 

10 oversight of the implementation of the require11 ments of this Act by such military department. 

12 (c) EXECUTIVE SCHEDULE MATTERS.—Section 5315 

13 of title 5, United States Code, is amended by striking the 

14 items relating to the Assistant Secretaries of Air Force, 

15 the Assistant Secretaries of the Army, and the Assistant 

16 Secretaries of the Navy and inserting the following new 

17 items: 

18 ‘‘Assistant Secretaries of the Air Force (5). 

19 ‘‘Assistant Secretaries of the Army (6). 

20 ‘‘Assistant Secretaries of the Navy (5).’’. 

21 (d) ADDITIONAL POSITIONS OF RESPONSIBILITY FOR

22 ENERGY AND CLIMATE RESILIENCY.— 

23 (1) IN GENERAL.—Not later than 90 days after 

24 the date of the enactment of this Act, each officer 

25 specified in paragraph (2) shall establish within the 


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1 command under the jurisdiction of such officer a po2 sition of responsibility for oversight of the implemen3 tation of the requirements of this Act by such com4 mand. Any individual assigned to such a position 

5 shall be an officer of the Armed Forces on active 

6 duty in a general or flag officer grade. 

7 (2) OFFICERS.—The officers specified in this 

8 paragraph are the following: 

9 (A) The Chairman of the Joint Chiefs of 

10 Staff. 

11 (B) The commander of each combatant 

12 command. 

Æ 


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