II 

117TH CONGRESS 

2D SESSION S. 4317 

To amend title 10, United States Code, to codify certain clean energy targets 

of the Department of Defense, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 26, 2022 

Ms. DUCKWORTH introduced the following bill; which was read twice and 

referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to codify certain 

clean energy targets of the Department of Defense, 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 ‘‘Depend On Domestic 

5 Clean Energy Act’’ or the ‘‘DOD Clean Energy Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The Department of Defense, the agency 

9 charged with protecting the national security of the 

10 United States, observed as early as 1990 that cliVerDate Sep 11 2014 16:11 Jun 03, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4317.IS S4317

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1 mate change threatens the readiness of the Armed 

2 Forces of the United States. 

3 (2) As of 2019, the Department of Defense is 

4 the single largest consumer of energy in the United 

5 States and the single largest institutional consumer 

6 of petroleum in the world. 

7 (3) Since 2001, the Department of Defense has 

8 consistently consumed between 77 and 80 percent of 

9 all energy consumption of the United States Govern10 ment. 

11 (4) As climate change brings more extreme 

12 weather, water and soil stress, sea-level rise, ocean 

13 acidification, glacial melt, and pollution, greater 

14 global tensions over food and water insecurity, re15 source scarcity, living patterns, and climate-related 

16 migration will emerge. 

17 SEC. 3. SENSE OF CONGRESS. 

18 It is the sense of Congress that any unobligated 

19 amounts for the Energy Resilience and Conservation In20 vestment Program of the Department of Defense at the 

21 end of fiscal year 2022 should remain available for obliga22 tion by the Department after such fiscal year for deserving 

23 projects so that the Department is able to appropriately 

24 vet those projects while increasing staffing. 


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1 SEC. 4. CODIFICATION OF CERTAIN DEPARTMENT OF DE2 FENSE CLEAN ENERGY TARGETS. 

3 (a) CODIFICATION.—Section 2911(g) of title 10, 

4 United States Code, is amended— 

5 (1) by striking the subsection heading and in6 serting the following ‘‘CLEAN ENERGY TARGETS

7 AND POLICY’’; 

8 (2) by redesignating paragraph (3) as para9 graph (4); 

10 (3) by striking paragraphs (1) and (2) and in11 serting the following new paragraphs: 

12 ‘‘(1) It shall be the target of the Department of De13 fense, with respect to the activities, personnel, resources, 

14 and facilities of the Department located within the United 

15 States— 

16 ‘‘(A) to achieve not less than 40 percent carbon 

17 pollution-free electricity on a net annual basis by 

18 2024 within all such facilities; 

19 ‘‘(B) to achieve 100 percent carbon pollution20 free electricity on a net annual basis by 2030 within 

21 all such facilities; 

22 ‘‘(C) to reduce emissions from installation pro23 curement by not less than 20 percent by 2024 and 

24 to achieve net-zero emissions from installation pro25 curement by 2050; 


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1 ‘‘(D) to reduce emissions from buildings on in2 stallations of the Department by not less than 50 

3 percent by 2032 and to achieve net-zero emissions 

4 from such buildings by 2045; 

5 ‘‘(E) to reduce emissions from operations of the 

6 Department by not less than 65 percent by 2030 

7 and to support the achievement of net-zero emissions 

8 from such operations by 2050; and 

9 ‘‘(F) to achieve 100 percent zero-emission vehi10 cle acquisitions for non-tactical vehicles by 2035, in11 cluding 100 percent zero-emission light-duty vehicle 

12 acquisitions by 2027, and to work towards 100 per13 cent zero-emission tactical vehicle acquisitions by 

14 2045. 

15 ‘‘(2) The Secretary of Defense may issue an exemp16 tion to the targets under paragraph (1) with respect to 

17 an activity of an agency of the Department of Defense, 

18 and any related personnel, resources, and facilities, if the 

19 Secretary— 

20 ‘‘(A) determines that the exemption is in the 

21 national security interests of the United States; and 

22 ‘‘(B) submits to the congressional defense com23 mittees notice in writing of the exemption within 30 

24 days of issuing the exemption. 


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1 ‘‘(3)(A) The Secretary of Defense shall submit to the 

2 congressional defense committees an annual report on the 

3 progress the Department of Defense has made towards 

4 achieving the targets under paragraph (1). 

5 ‘‘(B) Each report under subparagraph (A) shall cover 

6 activities conducted during the year preceding the date of 

7 the submittal of the report to achieve the targets under 

8 paragraph (1) and shall include— 

9 ‘‘(i) an identification of outstanding funding 

10 and staffing resources needed to implement such ac11 tivities; 

12 ‘‘(ii) a description of any planned activities the 

13 Secretary intends to carry out to meet such targets, 

14 including how the Office of the Secretary of Defense, 

15 the military departments, and Defense agencies plan 

16 to collaborate to implement such activities; and 

17 ‘‘(iii) a plan to increase production of renewable 

18 energy on installations of the Department of De19 fense and pursue any energy reduction or conserva20 tion efforts. 

21 ‘‘(C) Each report under subparagraph (A) shall be 

22 made publicly available on an appropriate website of the 

23 Department of Defense.’’; and 

24 (4) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(5) The Secretary of Defense shall delegate the re2 sponsibility for carrying out this subsection to the Assist3 ant Secretary of Defense for Energy, Installations, and 

4 Environment.’’. 

5 (b) NON-DOMESTIC APPLICATION OF TARGETS.— 

6 The Secretary of Defense may apply, in whole or in part, 

7 the targets set forth in section 2911(g)(1) of title 10, 

8 United States Code, as amended by subsection (a), with 

9 respect to the activities, personnel, resources, and facilities 

10 of the Department of Defense located outside of the 

11 United States if the Secretary determines such application 

12 to be in the interest of the United States. 

13 SEC. 5. DIRECT HIRE AUTHORITY FOR POSITIONS SUP14 PORTING DEPARTMENT OF DEFENSE EN15 ERGY INDEPENDENCE AND CLIMATE RESIL16 IENCE EFFORTS. 

17 (a) IN GENERAL.—Chapter 81 of title 10, United 

18 States Code, is amended by adding at the end the fol19 lowing new section: 

20 ‘‘§ 1599j. Direct hire authority for positions sup21 porting Department of Defense energy 

22 independence and climate resilience ef23 forts 

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

25 appoint in the Department of Defense, without regard to 


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1 the provisions of subchapter I of chapter 33 of title 5, 

2 other than sections 3303 and 3328 of such title, qualified 

3 candidates to positions described in subsection (b) who 

4 possess skills and experience the Secretary determines are 

5 necessary to support the sustainability efforts of the De6 partment of Defense. 

7 ‘‘(b) POSITIONS.—The positions described in this 

8 subsection are all positions involved in supporting the en9 ergy independence and climate resilience efforts of the De10 partment, including the following: 

11 ‘‘(1) Any position under the supervision of the 

12 Assistant Secretary of Defense for Energy, Installa13 tions, and Environment. 

14 ‘‘(2) Any position that supports the remediation 

15 or response efforts of the Department with respect 

16 to perfluoroalkyl substances and polyfluoroalkyl sub17 stances. 

18 ‘‘(3) Any position that supports the environ19 mental stewardship programs of the Department. 

20 ‘‘(4) Any position that supports the efforts of 

21 the Department to meet the energy resilience and 

22 security requirements or goals outlined in— 

23 ‘‘(A) section 203 of the Energy Policy Act 

24 of 2005 (42 U.S.C. 15852); 


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1 ‘‘(B) the Energy Independence and Secu2 rity Act of 2007 (42 U.S.C. 17001 et seq.); or 

3 ‘‘(C) section 2911(g) of this title. 

4 ‘‘(5) Any position that supports the Chief Sus5 tainability Officer of the Department. 

6 ‘‘(6) Any other position the Secretary deter7 mines is essential to advancing the energy independ8 ence and climate resilience efforts of the Depart9 ment.’’. 

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

11 at the beginning of such chapter is amended by inserting 

12 after the item relating to section 1599i the following new 

13 item: 

‘‘1599j. Direct hire authority for positions supporting Department of Defense 

energy independence and climate resilience efforts.’’. 

14 SEC. 6. INVESTMENT IN AND DEVELOPMENT OF ENERGY 

15 EFFICIENT TECHNOLOGY BY DEPARTMENT 

16 OF DEFENSE. 

17 (a) AUTHORITIES OF DEPARTMENT RELATING TO

18 CLIMATE AND ENERGY RESILIENCE.— 

19 (1) CHARGING AND REFUELING STATIONS FOR

20 ALTERNATIVE FUEL VEHICLES.— 

21 (A) IN GENERAL.—The Secretary of De22 fense may carry out the development of charg23 ing or refueling stations for alternative fuel ve24 hicles on installations of the Department of DeVerDate Sep 11 2014 16:11 Jun 03, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4317.IS S4317

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1 fense under the authorities, and using the fund2 ing methods, specified in subparagraph (B). 

3 (B) AUTHORITIES SPECIFIED.—The au4 thorities and funding methods specified in this 

5 subparagraph are the following: 

6 (i) The authorities under sections 

7 2805 and 2912 of title 10, United States 

8 Code. 

9 (ii) The authority under section 

10 2913(d) of such title to enter into agree11 ments with utilities for the purpose of pro12 viding or operating charging or refueling 

13 stations described in subparagraph (A). 

14 (iii) The authority under section 2914 

15 of such title (known as the Energy Resil16 ience and Conservation Investment Pro17 gram). 

18 (iv) Energy savings performance con19 tracts. 

20 (v) Utility energy services contracts. 

21 (vi) Other funding mechanisms fi22 nanced by non-Department entities for the 

23 deployment of alternative fuel vehicles and 

24 related charging or refueling infrastruc25 ture. 


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1 (2) RENEWABLE ENERGY UTILITIES FOR

2 POWER MANAGEMENT AT INSTALLATIONS.—The 

3 Secretary of Defense, in carrying out the Energy 

4 Resilience and Conservation Investment Program 

5 under section 2914 of title 10, United States Code, 

6 may enter into public-private partnerships with non7 governmental entities determined appropriate by the 

8 Secretary under such Program for the purpose of 

9 developing renewable energy utilities for power man10 agement at installations of the Department of De11 fense. 

12 (b) REVIEW OF INVESTMENT BY DEPARTMENT IN

13 ALTERNATIVELY FUELED VEHICLES.— 

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

15 acting through the Director of Cost Assessment and 

16 Program Evaluation of the Department of Defense, 

17 shall conduct a strategic review of the investment by 

18 the Department of Defense in alternative fuel vehi19 cles. 

20 (2) ELEMENTS.—The review under paragraph 

21 (1) shall include the following: 

22 (A) An assessment of funding levels for in23 vestment by the Department in alternative fuel 

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1 ment across programs of the Department and 

2 military departments. 

3 (B) An assessment of any duplication of 

4 efforts relating to such investment across pro5 grams of the Department and military depart6 ments. 

7 (C) An assessment of the long-term avail8 ability to the Department of internal combus9 tion engines and spare parts for such engines. 

10 (D) An assessment of the relative tactical 

11 benefits and limitations of each type of vehicle 

12 propulsion (such as speed, acceleration, noise 

13 production, time to refuel or recharge, range, 

14 and operational duration), across the various 

15 types of military missions. 

16 (E) An assessment of the relative tactical 

17 benefits and limitations of each type of vehicle 

18 propulsion with respect to the provision of sup19 port to other tactical systems requiring elec20 tricity. 

21 (F) An assessment of how the propulsion 

22 systems of electrical and other alternative fuel 

23 vehicles may be fueled on the battlefield and 

24 what investments may be necessary to maintain 

25 such a fueling system. 


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1 (G) A comparison of the relative risk to 

2 personnel of the Department and to the supply 

3 chain between different fuel types to determine 

4 the tradeoffs associated with the adoption of 

5 any given fuel type. 

6 (H) A projected timeline of when a poten7 tial conversion to the use of alternative fuel ve8 hicles as tactical vehicles could reasonably occur 

9 without causing a significant effect on the read10 iness of the Armed Forces, as determined by 

11 the Secretary. 

12 (I) The projected costs of converting (or 

13 replacing) and sustaining alternative fuel vehi14 cles as tactical vehicles, to include training, in 

15 total and for the two-year period following the 

16 date of the review. 

17 (J) An assessment of any national security 

18 implications relating to— 

19 (i) the use of alternative fuel vehicles; 

20 and 

21 (ii) the effects of the use of such vehi22 cles on the supply chain for such vehicles 

23 and the source materials of such vehicles. 

24 (K) Recommendations for further coordi25 nation of efforts of the Department and any 


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1 legislative or organizational changes that may 

2 improve the coordination or alignment of invest3 ment by the Department in the 

4 operationalization of alternative energy sources. 

5 (L) Such other elements as the Secretary 

6 considers appropriate. 

7 (3) REPORT.—Not later than two years after 

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

9 shall submit to the Committee on Armed Services of 

10 the Senate and the Committee on Armed Services of 

11 the House of Representatives a report on the review 

12 under paragraph (1). 

13 (c) AUTHORIZATIONS OF APPROPRIATIONS.— 

14 (1) DEFENSE INNOVATION UNIT.—There is au15 thorized to be appropriated to the Department of 

16 Defense $8,000,000 for fiscal year 2023 for the pur17 pose of carrying out activities under the energy divi18 sion of the Defense Innovation Unit of the Depart19 ment to leverage advancements in energy and mate20 rials technology, enhance capabilities, and strength21 en energy resilience across military installation and 

22 distributed operations, including with respect to al23 ternative fuel vehicles and the fuel efficiency of vehi24 cles. 


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1 (2) SUSTAINABLE TECHNOLOGY EVALUATION

2 AND DEMONSTRATION PROGRAM.—There is author3 ized to be appropriated to the Department of De4 fense $5,000,000 for fiscal year 2023 for the pur5 pose of carrying out activities under the Sustainable 

6 Technology Evaluation and Demonstration program 

7 of the Department for the evaluation and dem8 onstration of, and the transition to, more sustainable 

9 products for use by the Department. 

10 (3) STRATEGIC ENVIRONMENTAL RESEARCH

11 AND DEVELOPMENT PROGRAM.—There is authorized 

12 to be appropriated to the Department of Defense 

13 $18,000,000 for fiscal year 2023 for the purpose of 

14 carrying out activities under the Installation Energy 

15 and Water program, or any successor program, of 

16 the Strategic Environmental Research and Develop17 ment program of the Department. 

18 (d) DEFINITIONS.—In this section: 

19 (1) ALTERNATIVE FUEL VEHICLE.—The term 

20 ‘‘alternative fuel vehicle’’ includes a vehicle that 

21 uses— 

22 (A) a fuel or power source described in the 

23 first sentence of section 241(2) of the Clean Air 

24 Act (42 U.S.C. 7581(2)); or 

25 (B) propane. 


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1 (2) ENERGY SAVINGS PERFORMANCE CON2 TRACT.—The term ‘‘energy savings performance 

3 contract’’ has the meaning given that term in sec4 tion 804(3) of the National Energy Conservation 

5 Policy Act (42 U.S.C. 8287c(3)). 

6 SEC. 7. INDEPENDENT STUDY ON SCOPE 3 EMISSIONS RE7 SULTING FROM CERTAIN DEPARTMENT OF 

8 DEFENSE ACTIVITIES. 

9 (a) INDEPENDENT STUDY.—Not later than 30 days 

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

11 of Defense shall seek to enter into a contract with a feder12 ally funded research and development center to conduct 

13 a study on the scope 3 emissions resulting from certain 

14 activities of the Department of Defense, including such ac15 tivities carried out under contracts or other agreements, 

16 in accordance with the guidance of the Environmental 

17 Protection Agency titled ‘‘Scope 3 Inventory Guidance’’ 

18 (relating to scope 3 emissions), or any successor guidance. 

19 (b) ELEMENTS.—The study conducted under sub20 section (a) shall include a comprehensive review and as21 sessment of the following: 

22 (1) Any contracts or other agreements entered 

23 into by the Secretary relating to manufacturing. 

24 (2) The extent to which, in performing work 

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1 tors and other partners track greenhouse gas emis2 sions. 

3 (3) The known greenhouse gas emissions that 

4 occur within the supply chain of the Department. 

5 (c) REPORT.— 

6 (1) SUBMISSION TO SECRETARY.—The terms of 

7 the contract under subsection (a) shall include a re8 quirement that the federally funded research and de9 velopment center that conducts the study under the 

10 contract submit to the Secretary of Defense a report 

11 on the results of the study, which shall include an 

12 identification of the following: 

13 (A) Considerations and recommendations 

14 for the reduction of greenhouse gas emissions of 

15 contractors and other partners performing work 

16 under contracts or other agreements with the 

17 Department. 

18 (B) Any existing alternatives that produce 

19 lower greenhouse gas emissions while still align20 ing with the national security interests of the 

21 United States and the priorities set forth in the 

22 national defense strategy. 

23 (C) Any recommendations for legislative 

24 action to— 


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1 (i) support and facilitate implementa2 tion of the national defense strategy with 

3 respect to climate- and environmental-re4 lated goals; or 

5 (ii) reduce greenhouse gas emissions 

6 through modernization of the supply chain 

7 of the Department. 

8 (2) SUBMISSION TO CONGRESS.— 

9 (A) IN GENERAL.—Upon receiving the re10 port on the results of the study under para11 graph (1), the Secretary of Defense shall sub12 mit to the congressional defense committees an 

13 unedited copy of such report, together with the 

14 written perspectives of the Secretary of Defense 

15 and the Chairman of the Joint Chiefs of Staff 

16 with respect to those results. 

17 (B) FORM.—The report submitted under 

18 subparagraph (A) shall be submitted in unclas19 sified form, but may include a classified annex. 

20 (d) DEFINITIONS.—In this section: 

21 (1) CONGRESSIONAL DEFENSE COMMITTEE.— 

22 The term ‘‘congressional defense committees’’ has 

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

24 of title 10, United States Code. 


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1 (2) NATIONAL DEFENSE STRATEGY.—The term 

2 ‘‘national defense strategy’’ means the review of the 

3 defense programs and policies of the United States 

4 that is carried out every four years under section 

5 113(g) of title 10, United States Code. 

6 (3) SCOPE 3 EMISSIONS.—The term ‘‘scope 3 

7 emissions’’ means emissions that result from activi8 ties of a Federal department or agency but are gen9 erated from sources that are neither owned nor con10 trolled by the Federal department or agency. 

Æ 


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