II 

117TH CONGRESS 

2D SESSION S. 4380 

To transition the nontactical vehicle fleet of the Department of Defense 

to electric or other zero emission vehicles, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2022 

Ms. WARREN (for herself, Ms. HIRONO, Mr. DURBIN, Mr. MARKEY, Mr. 

WHITEHOUSE, and Mr. KING) introduced the following bill; which was 

read twice and referred to the Committee on Armed Services 

A BILL 

To transition the nontactical vehicle fleet of the Department 

of Defense to electric or other zero emission vehicles, 

and for other purposes. 

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 ‘‘Military Vehicle Fleet 

5 Electrification Act’’. 

6 SEC. 2. PROCUREMENT OF ELECTRIC OR ZERO EMISSION 

7 VEHICLES FOR THE DEPARTMENT OF DE8 FENSE. 

9 (a) PROCUREMENT REQUIREMENT.— 


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1 (1) IN GENERAL.—Section 2922g of title 10, 

2 United States Code, is amended to read as follows: 

3 ‘‘§ 2922g. Procurement of electric or zero emission ve4 hicles 

5 ‘‘(a) REQUIREMENT TO PROCURE ELECTRIC OR

6 ZERO EMISSION VEHICLES.—Not less than 75 percent of 

7 the total number of covered nontactical vehicles purchased 

8 or leased by or for the use of the Department of Defense 

9 shall— 

10 ‘‘(1) be electric or zero emission vehicles; and 

11 ‘‘(2) use a charging connector type (or other 

12 means to transmit electricity to the vehicle) that 

13 meets applicable industry accepted standards for 

14 interoperability and safety. 

15 ‘‘(b) RELATION TO OTHER VEHICLE TECHNOLOGIES

16 THAT REDUCE CONSUMPTION OF FOSSIL FUELS.—The 

17 head of the department or agency of the Federal Govern18 ment concerned may authorize the purchase or lease of 

19 covered nontactical vehicles that use a technology other 

20 than electric or zero emission technology only if the head 

21 of such department or agency determines, on a case by 

22 case basis, that— 

23 ‘‘(1) the technology used in the vehicles to be 

24 purchased or leased reduces the consumption of fos25 sil fuels compared to any vehicles being replaced by 


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1 the newly purchased or leased vehicles (regardless of 

2 the engine technology used in the vehicles being re3 placed); 

4 ‘‘(2) the purchase or lease of such vehicles is 

5 consistent with the energy performance goals and 

6 master plan of the Department of Defense required 

7 by subsections (c) and (d) of section 2911 of this 

8 title; 

9 ‘‘(3) the purchase or lease of such vehicles will 

10 not result in a total number of non-electric or non11 zero emission vehicles in excess of the threshold 

12 specified in subsection (a); and 

13 ‘‘(4) the purchase or lease of electric or zero 

14 emission vehicles is impracticable under the cir15 cumstances. 

16 ‘‘(c) DOMESTIC SOURCING REQUIREMENTS.— 

17 ‘‘(1) IN GENERAL.—The following provisions of 

18 law shall apply to the purchase or lease of covered 

19 nontactical vehicles under this section: 

20 ‘‘(A) Chapter 83 of title 41 (commonly re21 ferred to as the ‘Buy American Act’). 

22 ‘‘(B) Section 4862 of this title (commonly 

23 referred to as the ‘Berry Amendment’). 

24 ‘‘(C) Section 4863 of this title (commonly 

25 referred to as the ‘Specialty Metal Clause’). 


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1 ‘‘(2) DOMESTIC SOURCING OF BATTERIES.— 

2 Any vehicle battery included in a covered nontactical 

3 vehicle shall be sourced from a manufacturer— 

4 ‘‘(A) within the national technology and in5 dustrial base; or 

6 ‘‘(B) from a qualifying country (as defined 

7 in section 225.003 of title 48, Code of Federal 

8 Regulations, or successor regulations). 

9 ‘‘(3) APPLICABILITY TO LEASED VEHICLES.— 

10 The requirements of paragraphs (1) and (2) shall 

11 apply to leased vehicles in the same manner that 

12 such requirements apply to purchased vehicles. 

13 ‘‘(4) PROHIBITION ON WAIVER.—No provision 

14 of a memorandum of understanding or related 

15 agreement referred to in section 4851 of this title 

16 (commonly referred to as a ‘Reciprocal Defense Pro17 curement Agreement’) may waive or supercede the 

18 requirements of paragraphs (1) and (2). 

19 ‘‘(d) PROHIBITION ON SOURCING FROM NON-ALLIED

20 FOREIGN NATIONS.—A covered nontactical vehicle that is 

21 an electric or zero emission vehicle purchased or leased 

22 by or for the use of the Department of Defense may not— 

23 ‘‘(1) include an automotive item, including a ve24 hicle battery, battery pack, or battery cell, sourced 

25 from a covered nation; or 


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1 ‘‘(2) be sourced, including final assembly, 

2 from— 

3 ‘‘(A) a covered nation; 

4 ‘‘(B) a country that is not part of the na5 tional technology and industrial base; or 

6 ‘‘(C) a country that does not have a memo7 randum of understanding or related agreement 

8 referred to in section 4851 of this title with the 

9 United States (commonly referred to as a ‘re10 ciprocal defense procurement agreement’). 

11 ‘‘(e) DEFINITIONS.—In this section: 

12 ‘‘(1) COVERED NATION.—The term ‘covered na13 tion’ has the meaning given that term in section 

14 4872(d) of this title. 

15 ‘‘(2) COVERED NONTACTICAL VEHICLE.—The 

16 term ‘covered nontactical vehicle’ means any vehi17 cle— 

18 ‘‘(A) that is not a tactical vehicle designed 

19 for use in combat; and 

20 ‘‘(B) that is purchased or leased by the 

21 Department of Defense, or by another depart22 ment or agency of the Federal Government for 

23 the use of the Department of Defense, pursuant 

24 to a contract entered into, renewed, modified, 

25 or amended on or after October 1, 2022. 


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1 ‘‘(3) NATIONAL TECHNOLOGY AND INDUSTRIAL

2 BASE.—The term ‘national technology and industrial 

3 base’ has the meaning given that term in section 

4 4801 of this title.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of subchapter II of chapter 

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

8 striking the item relating to section 2922g and in9 serting the following new item: 

‘‘2922g. Procurement of electric or zero emission vehicles.’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 subsection (a) shall take effect on October 1, 2022. 

12 SEC. 3. ELECTRIC VEHICLE CHARGING STATIONS AT MILI13 TARY INSTALLATIONS. 

14 (a) CHARGING STATIONS AT COMMISSARY STORES

15 AND MILITARY EXCHANGES.— 

16 (1) IN GENERAL.—Subchapter I of chapter 147 

17 of title 10, United States Code, is amended by add18 ing at the end the following new section: 

19 ‘‘§ 2486. Electric vehicle charging stations at com20 missary stores and military exchanges 

21 ‘‘(a) AUTHORITY.—The Secretary of Defense may 

22 furnish electric vehicle charging stations at a commissary 

23 store or MWR retail facility for commercial use by individ24 uals authorized to access such facilities. 


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1 ‘‘(b) RATES AND PROCEDURES.—If the Secretary of 

2 Defense furnishes electric vehicle charging stations pursu3 ant to subsection (a)— 

4 ‘‘(1) the Secretary shall establish rates and pro5 cedures that the Secretary determines appropriate 

6 for the purchase of electric power from the charging 

7 stations; and 

8 ‘‘(2) such charging stations may be installed 

9 and operated by a contractor on a for-profit basis. 

10 ‘‘(c) INTEROPERABILITY.—Any vehicle charging sta11 tion provided under this section shall use a charging con12 nector type (or other means to transmit electricity to the 

13 vehicle) that— 

14 ‘‘(1) meets applicable industry accepted stand15 ards for interoperability and safety; and 

16 ‘‘(2) is compatible with— 

17 ‘‘(A) electric vehicles commonly available 

18 for purchase by a member of the general public; 

19 and 

20 ‘‘(B) covered nontactical vehicles (as de21 fined in section 2922g(e) of this title) for which 

22 charging is required. 

23 ‘‘(d) MWR RETAIL FACILITY DEFINED.—In this sec24 tion, the term ‘MWR retail facility’ has the meaning given 


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1 the term ‘MWR retail facilities’ in section 1063(e) of this 

2 title.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of such subchapter is amend5 ed by adding at the end the following new item: 

‘‘2486. Electric vehicle charging stations at commissary stores and military exchanges.’’. 

6 (b) ADDITIONAL REQUIREMENTS AND AUTHORI7 TIES.— 

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

9 173 of title 10, United States Code, is amended by 

10 adding at the end the following new section: 

11 ‘‘§ 2922j. Requirements and authorities relating to 

12 electric vehicle charging stations 

13 ‘‘(a) USE OF QUALIFIED ELECTRICIANS.—Any elec14 trical work (including installation, maintenance, repair, re15 habilitation, or replacement) required for an electric vehi16 cle charging station located at a military installation shall 

17 be carried out by a qualified electrician who— 

18 ‘‘(1) is licensed to perform such work in the 

19 State in which the work is performed; 

20 ‘‘(2) is paid wages not less than those pre21 vailing for similar work in the locality, as determined 

22 by the Secretary of Labor under subchapter IV of 

23 chapter 31 of title 40 (commonly referred to as the 

24 ‘Davis-Bacon Act’); and 


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1 ‘‘(3) holds a valid certification from the non2 governmental Electric Vehicle Infrastructure Train3 ing Program. 

4 ‘‘(b) AUTHORITY TO CARRY OUT UNSPECIFIED

5 MINOR MILITARY CONSTRUCTION PROJECTS.—The Sec6 retary of Defense may use the authority provided under 

7 section 2805 of this title for the installation, maintenance, 

8 repair, rehabilitation, or replacement of an electric vehicle 

9 charging station on a military installation. 

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

11 ‘‘(1) The term ‘military installation’ has the 

12 meaning given that term in section 2801 of this 

13 title. 

14 ‘‘(2) The term ‘State’ means any of the several 

15 States, the District of Columbia, the Commonwealth 

16 of Puerto Rico, Guam, American Samoa, the United 

17 States Virgin Islands, and the Commonwealth of the 

18 Northern Mariana Islands.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of such subchapter is amend21 ed by adding at the end the following new item: 

‘‘2922j. Requirements and authorities relating to electric vehicle charging stations.’’. 

Æ 


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