```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3585 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3585

To amend title 10, United States Code, to reform Department of Defense 
                 energy policy, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2010

   Mr. Udall of Colorado (for himself and Mr. Bennet) 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 reform Department of Defense 
                 energy policy, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
Defense Energy Security Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Consideration of Department of Defense energy performance plan 
                            in other Department of Defense planning.
Sec. 3. Procurement preference for goods and services derived using 
                            sustainable practices.
Sec. 4. Renewable energy generation sources for Department of Defense 
                            energy needs.
Sec. 5. Consideration of environmentally sustainable practices in 
                            Department energy performance plan.
Sec. 6. Application of requirements regarding use of renewable forms of 
                            energy and energy efficient products to 
                            contractors operating Government-owned 
                            facilities and tenants and concessionaires.
Sec. 7. Funding for energy conservation projects.
Sec. 8. Improved building efficiency for Department of Defense 
                            facilities.
Sec. 9. Conversion of Department of Defense fleet of non-tactical motor 
                            vehicles to electric and hybrid motor 
                            vehicles.
Sec. 10. Research and development activities to incorporate hybrid-
                            drive technology into current and future 
                            tactical fleet of military ground vehicles.
Sec. 11. Development of biofuel derived from materials that do not 
                            compete with food stocks and is suitable 
                            for use as aviation fuel.
Sec. 12. Implementation.
Sec. 13. Waiver authority.

SEC. 2. CONSIDERATION OF DEPARTMENT OF DEFENSE ENERGY PERFORMANCE PLAN 
              IN OTHER DEPARTMENT OF DEFENSE PLANNING.

    Section 2911(b) of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' before ``The Secretary''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The energy performance plan shall be taken into consideration 
in the development of the following:
            ``(A) The National Security Strategy prescribed by the 
        President pursuant to section 108 of the National Security Act 
        of 1947 (50 U.S.C. 404a).
            ``(B) The annual report of the Secretary of Defense 
        submitted to the President and Congress pursuant to section 113 
        of this title.
            ``(C) The Quadrennial Defense Review conducted by the 
        Secretary of Defense pursuant to section 118 of this title and 
        the national defense strategy delineated as part of that 
        review.
            ``(D) The national military strategy prescribed by the 
        Chairman of the Joint Chiefs of Staff under section 153 of this 
        title.''.

SEC. 3. PROCUREMENT PREFERENCE FOR GOODS AND SERVICES DERIVED USING 
              SUSTAINABLE PRACTICES.

    (a) Conversion Required.--Subchapter II of chapter 173 of title 10, 
United States Code, is amended by adding at the end the following new 
section:
``Sec. 2922g. Procurement preference for goods and services derived 
              using sustainable practices
    ``(a) General Preference.--In the acquisition of goods and 
services, the Secretary of each military department and the head of 
each Defense Agency shall give a preference to goods and services 
produced using, or otherwise utilizing, sustainable environmental 
practices, including goods and services that are environmentally 
preferable, energy-efficient, water-efficient, and contain recycled 
content.
    ``(b) Preference for Post-Consumer Content Paper.--Except as 
specifically exempted by the Secretary concerned, all paper used by the 
Department of Defense shall contain at least 30 percent post-consumer 
fiber content.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``2922g. Procurement preference for goods and services derived using 
                            sustainable practices.''.

SEC. 4. RENEWABLE ENERGY GENERATION SOURCES FOR DEPARTMENT OF DEFENSE 
              ENERGY NEEDS.

    (a) Department of Defense Renewable Energy Goals.--Section 2911(e) 
of title 10, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2) Of the amounts of electric energy produced or procured from 
renewable energy sources to achieve the goals in section 203(a) of the 
Energy Policy Act of 2005 (42 U.S.C. 15852(a)) for fiscal year 2011 and 
each subsequent fiscal year, and in paragraph (1)(A)--
            ``(A) at least 50 percent shall be produced or procured 
        from renewable energy sources that became fully operational 
        after January 1, 1999; and
            ``(B) at least 20 percent shall be produced or procured 
        from renewable energy sources that became fully operational 
        after September 30, 2009.''.
    (b) Implementation Plan.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit to 
Congress a plan for meeting the goals described in paragraph (2) of 
section 2911(e) of title 10, United States Code (as amended by 
subsection (a) of this section), in conformance with the requirements 
of that paragraph.

SEC. 5. CONSIDERATION OF ENVIRONMENTALLY SUSTAINABLE PRACTICES IN 
              DEPARTMENT ENERGY PERFORMANCE PLAN.

    Section 2911(c) of title 10, United States Code, is amended--
            (1) in paragraph (4), by inserting ``and hybrid-electric 
        drive'' after ``alternative fuels'';
            (2) by redesignating paragraph (9) as paragraph (11) and 
        paragraphs (5) through (8) as paragraphs (6) through (9), 
        respectively;
            (3) by inserting after paragraph (4) the following new 
        paragraph (5):
            ``(5) Opportunities for the high-performance construction, 
        lease, operation, and maintenance of buildings.''; and
            (4) by inserting after paragraph (9) (as redesignated by 
        paragraph (2)) the following new paragraph:
            ``(10) The value of incorporating electric, hybrid-
        electric, and high-efficiency vehicles into vehicle fleets.''.

SEC. 6. APPLICATION OF REQUIREMENTS REGARDING USE OF RENEWABLE FORMS OF 
              ENERGY AND ENERGY EFFICIENT PRODUCTS TO CONTRACTORS 
              OPERATING GOVERNMENT-OWNED FACILITIES AND TENANTS AND 
              CONCESSIONAIRES.

    Section 2915 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f) Application to Contractors Operating Government-Owned 
Facilities and Tenants and Concessionaires.--(1) The Secretary of 
Defense shall require that any contract described in paragraph (2) 
entered into by the Secretary of a military department or the head of a 
Defense Agency after September 30, 2010, includes a provision requiring 
the non-Federal party to the contract to comply with the requirements 
of this section regarding use of renewable forms of energy and energy 
efficient products.
    ``(2) Paragraph (1) applies to the following contracts:
            ``(A) A contract providing for contractor operation of a 
        Government-owned facility of the Department of Defense.
            ``(B) A contract involving a permit, lease, license, or 
        other legally binding obligation between the Department and a 
        tenant or concessionaire.
    ``(3) The Secretary of Defense may authorize an exception to 
paragraph (1) on a contract-by-contract basis.''.

SEC. 7. FUNDING FOR ENERGY CONSERVATION PROJECTS.

    (a) Authorization To Obligate Funds.--The Secretary of Defense may 
obligate, from amounts appropriated pursuant to the authorization of 
appropriations in section 2403 of the Military Construction 
Authorization for Fiscal Year 2011 to carry out energy conservation 
projects, $290,000,000 to carry out energy conservation projects under 
chapter 173 of title 10, United States Code, to accelerate 
implementation of the energy performance plan of the Department of 
Defense and achievement of the energy performance goals established 
under section 2911 of such title, as amended by this Act.
    (b) Authorization of Appropriations To Compensate for Deficiency.--
There is authorized to be appropriated to the Secretary of Defense an 
amount equal to the difference between--
            (1) the amount that may be obligated by the Secretary of 
        Defense under subsection (a); and
            (2) the amount appropriated pursuant to the authorization 
        of appropriations in section 2403 of the Military Construction 
        Authorization for Fiscal Year 2011 to carry out energy 
        conservation projects.

SEC. 8. IMPROVED BUILDING EFFICIENCY FOR DEPARTMENT OF DEFENSE 
              FACILITIES.

    (a) Insulation Retrofitting Assessment.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress an assessment of--
            (1) the potential for improving the insulation of 
        Department of Defense facilities; and
            (2) the savings that would be generated by retrofitting, to 
        improve insulation, all Department facilities that are not 
        scheduled for replacement under the future-years defense 
        program submitted to Congress during fiscal year 2011 under 
        section 221 of title 10, United States Code.
    (b) Energy and Water Evaluations.--
            (1) Evaluations required.--Energy managers for Department 
        of Defense facilities shall complete an annual comprehensive 
        energy and water evaluation for at least 25 percent of the 
        Department facilities. Each Department facility shall be 
        evaluated at least once every four years.
            (2) Elements.--An evaluation shall, with respect to each 
        facility--
                    (A) identify, through means including a 
                recommissioning or retrocommissioning process, measures 
                to improve the energy and water efficiency of the 
                facility, including the efficiency of--
                            (i) lighting, heating, ventilating, and 
                        air-conditioning systems;
                            (ii) combined heat and power systems; and
                            (iii) the building envelope (including 
                        insulation, roofing, and windows); and
                    (B) assess the feasibility and life cycle cost-
                effectiveness of--
                            (i) implementing the measures identified in 
                        subparagraph (A); and
                            (ii) providing on-site renewable 
                        electricity generation.
            (3)  Implementation of identified energy and water 
        efficiency measures.--Not later than two years after the 
        completion of each evaluation under this subsection, the energy 
        manager shall--
                    (A) implement any measure assessed under clause (i) 
                or (ii) of paragraph (2)(B) to be feasible and life 
                cycle cost-effective; and
                    (B) in implementing measures under subparagraph 
                (A), bundle individual measures of varying paybacks 
                together into combined projects.
            (4) Follow-up on implemented measures.--For each measure 
        implemented under paragraph (3), the energy manager shall 
        ensure that--
                    (A) equipment, including building and equipment 
                controls, is fully commissioned at acceptance to be 
                operating at design specifications;
                    (B) a plan for appropriate operations, maintenance, 
                and repair of the equipment is in place at acceptance 
                and is followed;
                    (C) equipment and system performance is measured 
                during its entire life to ensure proper operations, 
                maintenance, and repair; and
                    (D) energy and water savings are measured and 
                verified.
            (5) Certain facilities exempted.--This subsection does not 
        apply to facilities that are scheduled for replacement under 
        the future-years defense program submitted to Congress during 
        fiscal year 2011 under section 221 of title 10, United States 
        Code.
            (6) Life cycle cost-effective defined.--In this subsection, 
        the term ``life cycle cost-effective'', with respect to a 
        measure, means a measure, the estimated net savings of which 
        (including savings in estimated energy and water costs and 
        operations, maintenance, repair, replacement, and other direct 
        costs) exceed the estimated costs, including the cost of the 
        initial implementation of the measure but not financing costs, 
        over the lifespan of the measure. The Secretary of Defense may 
        make such modifications and provide such exceptions to the 
        calculation of the payback period of a measure as the Secretary 
        determines to be appropriate to achieve the purposes of this 
        Act.
            (7) Authorization to obligate funds.--The Secretary of 
        Defense may obligate, from funds authorized to be appropriated 
        for the Department of Defense for fiscal year 2011 for 
        operation and maintenance such sums as are necessary to carry 
        out this subsection.
            (8) Rule of construction.--This subsection shall not be 
        construed to require or to obviate any contractor savings 
        guarantees.
            (9) Commencement.--The requirement imposed by this 
        subsection shall commence 180 days after the date of enactment 
        of this Act.
    (c) Installation of High-Efficiency Insulation on Facilities at 
Forward Operating Locations.--The Secretary of each military department 
shall require the installation of high-efficiency insulation on any 
climate-controlled structure at a forward operating location of the 
Armed Forces under the jurisdiction of the Secretary if the Secretary 
determines that inclusion of high-efficiency insulation will result in 
a reduction in energy use and will be life cycle cost-effective.
    (d) Goal To Develop On-Site Renewable Electricity Generation.--The 
Secretary of Defense shall ensure that, of the total energy anticipated 
to be consumed in a fiscal year by facilities constructed after fiscal 
year 2020, at least 20 percent of the energy is derived from renewable 
electricity generation occurring on the parcels on which new facilities 
will be located.

SEC. 9. CONVERSION OF DEPARTMENT OF DEFENSE FLEET OF NON-TACTICAL MOTOR 
              VEHICLES TO ELECTRIC AND HYBRID MOTOR VEHICLES.

    (a) Conversion Required.--
            (1) In general.--Subchapter II of chapter 173 of title 10, 
        United States Code, is amended by inserting after section 2922c 
        the following new section:
``Sec. 2922c-1. Conversion of Department of Defense non-tactical motor 
              vehicle fleet to motor vehicles using electric or hybrid 
              propulsion systems
    ``(a) Deadline for Conversion.--Not later than September 30, 2015, 
the Secretary of each military department and the head of each Defense 
Agency shall convert the fleet of non-tactical motor vehicles of the 
department or Defense Agency that is powered by petroleum-derived fuel 
to motor vehicles using--
            ``(1) electric propulsion;
            ``(2) hybrid propulsion; or
            ``(3) an alternative propulsion system with at least a 30 
        percent net increase in energy efficiency per vehicle over the 
        conventional propulsion system.
    ``(b) Preference.--To comply with the deadline specified in 
subsection (a), in procuring motor vehicles for use by a military 
department or Defense Agency after the date of the enactment of this 
section, the Secretary of the military department or the head of the 
Defense Agency shall provide a preference for the procurement of non-
tactical motor vehicles with a propulsion system described in paragraph 
(1), (2), or (3) of subsection (a), including plug-in hybrid systems, 
if the motor vehicles--
            ``(1) will meet the requirement or the need for the 
        procurement; and
            ``(2) are commercially available at a cost reasonably 
        comparable, on the basis of life-cycle cost, to motor vehicles 
        containing only an internal combustion or heat engine using 
        combustible fuel.
    ``(c) Exception.--This section shall not apply to motor vehicles 
that are on a replacement cycle greater than 10 years on the date of 
the enactment of this section.
    ``(d) Hybrid Defined.--In this section, the term `hybrid', with 
respect to a motor vehicle, means a motor vehicle that draws propulsion 
energy from onboard sources of stored energy that are both--
            ``(1) an internal combustion or heat engine using 
        combustible fuel; and
            ``(2) a rechargeable energy storage system.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter is amended by inserting after the 
        item relating to section 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.''.
    (b) Extension to Contractor-Operated, Government-Owned Vehicles.--
The Secretary of Defense shall require that contracts entered into by 
the Secretary of a military department or the head of a Defense Agency 
after the date of the enactment of this Act for contractor operation of 
Government-owned vehicles include a provision requiring the contractor 
to comply with section 2922c-1 of title 10, United States Code, as 
added by subsection (a), to the same extent as the Department is 
required to comply with such section.

SEC. 10. RESEARCH AND DEVELOPMENT ACTIVITIES TO INCORPORATE HYBRID-
              DRIVE TECHNOLOGY INTO CURRENT AND FUTURE TACTICAL FLEET 
              OF MILITARY GROUND VEHICLES.

    (a) Identification of Usable Hybrid-Drive Technology.--Not later 
than 90 days after the date of enactment of this Act, the Secretary of 
each military department shall submit to Congress a report identifying 
hybrid-drive technologies suitable for incorporation into the next 
reset and recap of motor vehicles of the current tactical fleet of each 
Armed Force under the jurisdiction of the Secretary. In identifying 
suitable hybrid-drive technologies, the Secretary shall consider the 
feasibility and cost of incorporating a hybrid-drive technology into 
each vehicle and the design changes and amount of time required for 
incorporation.
    (b) Authorization of Obligation.--The Secretary of Defense is 
authorized to obligate, from funds appropriated for the Department of 
Defense for research, development, test, and evaluation for fiscal year 
2011, $50,000,000 to incorporate hybrid-drive technologies identified 
under subsection (a) into the current tactical fleets of the Armed 
Forces.
    (c) Hybrid-Drive Technology Defined.--In this section, the term 
``hybrid-drive technology'' means a propulsion system, including the 
engine and drive train, that draws energy from onboard sources of 
stored energy that involve--
            (1) an internal combustion or heat engine using combustible 
        fuel; and
            (2) a rechargeable energy storage system.

SEC. 11. DEVELOPMENT OF BIOFUEL DERIVED FROM MATERIALS THAT DO NOT 
              COMPETE WITH FOOD STOCKS AND IS SUITABLE FOR USE AS 
              AVIATION FUEL.

    (a) Development Plan Required.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to Congress a testing and certification plan to develop and put 
into operational use by September 30, 2016, a biofuel derived from 
materials that do not compete with food stocks and is suitable for use 
as or in an aviation fuel for military purposes.
    (b) Notification of Operational Availability of Biofuel.--The 
Secretary shall notify Congress as soon as practicable after the 
Secretary determines that an aviation fuel that consists of at least 50 
percent biofuels described under subsection (a) is available for 
operational use by the Armed Forces for military aviation purposes.

SEC. 12. IMPLEMENTATION.

    (a) Responsible Officials.--The Deputy Under Secretary of Defense 
for Installations and Environment and the Director of Operational 
Energy Plans and Program shall be the officials of the Department of 
Defense responsible for the implementation of this Act and the 
amendments made by this Act. Such officials shall monitor the 
implementation plans of the military departments and Defense Agencies 
and keep the Secretary of Defense informed of all guidance issued and 
activities carried out within the Department of Defense that relate to 
the implementation of this Act and the amendments made by this Act.
    (b) Applicability.--This Act and the amendments made by this Act 
shall apply with respect to the activities, personnel, resources, and 
facilities of the Department of Defense that are located within the 
United States as well as those facilities, regardless of whether 
permanent or temporary, that are located outside the United States.
    (c) Reporting Requirements.--The Secretary of Defense shall submit 
to Congress a semiannual progress report on the implementation of this 
Act and the amendments made by this Act.

SEC. 13. WAIVER AUTHORITY.

    (a) In General.--The Secretary of Defense may waive the 
implementation or operation of a provision of this Act or an amendment 
made by this Act if the Secretary certifies to the Congress that 
implementation or continued operation of such provision would adversely 
impact the national security of the United States.
    (b) Intelligence Activity Waiver.--The Director of National 
Intelligence may, in consultation with the Secretary of Defense, exempt 
an intelligence activity of the United States, and related personnel, 
resources, and facilities, from a provision of this Act or an amendment 
made by this Act to the extent the Director and Secretary determine 
necessary to protect intelligence sources and methods from unauthorized 
disclosure.
                                 <all>
```