II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Department of Defense Energy Security Act of 2010’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. 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. 


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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. 

1 SEC. 2. CONSIDERATION OF DEPARTMENT OF DEFENSE EN2 ERGY PERFORMANCE PLAN IN OTHER DE3 PARTMENT OF DEFENSE PLANNING. 

4 Section 2911(b) of title 10, United States Code, is 

5 amended— 

6 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; 

7 and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2) The energy performance plan shall be taken into 

11 consideration in the development of the following: 

12 ‘‘(A) The National Security Strategy prescribed 

13 by the President pursuant to section 108 of the Na14 tional Security Act of 1947 (50 U.S.C. 404a). 

15 ‘‘(B) The annual report of the Secretary of De16 fense submitted to the President and Congress pur17 suant to section 113 of this title. 


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1 ‘‘(C) The Quadrennial Defense Review con2 ducted by the Secretary of Defense pursuant to sec3 tion 118 of this title and the national defense strat4 egy delineated as part of that review. 

5 ‘‘(D) The national military strategy prescribed 

6 by the Chairman of the Joint Chiefs of Staff under 

7 section 153 of this title.’’. 

8 SEC. 3. PROCUREMENT PREFERENCE FOR GOODS AND 

9 SERVICES DERIVED USING SUSTAINABLE 

10 PRACTICES. 

11 (a) CONVERSION REQUIRED.—Subchapter II of 

12 chapter 173 of title 10, United States Code, is amended 

13 by adding at the end the following new section: 

14 ‘‘§ 2922g. Procurement preference for goods and serv15 ices derived using sustainable practices 

16 ‘‘(a) GENERAL PREFERENCE.—In the acquisition of 

17 goods and services, the Secretary of each military depart18 ment and the head of each Defense Agency shall give a 

19 preference to goods and services produced using, or other20 wise utilizing, sustainable environmental practices, includ21 ing goods and services that are environmentally preferable, 

22 energy-efficient, water-efficient, and contain recycled con23 tent. 

24 ‘‘(b) PREFERENCE FOR POST-CONSUMER CONTENT

25 PAPER.—Except as specifically exempted by the Secretary 


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1 concerned, all paper used by the Department of Defense 

2 shall contain at least 30 percent post-consumer fiber con3 tent.’’. 

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

5 at the beginning of such subchapter is amended by adding 

6 at the end the following new item: 

‘‘2922g. Procurement preference for goods and services derived using sustainable practices.’’. 

7 SEC. 4. RENEWABLE ENERGY GENERATION SOURCES FOR 

8 DEPARTMENT OF DEFENSE ENERGY NEEDS. 

9 (a) DEPARTMENT OF DEFENSE RENEWABLE EN10 ERGY GOALS.—Section 2911(e) of title 10, United States 

11 Code, is amended— 

12 (1) by redesignating paragraph (2) as para13 graph (3); and 

14 (2) by inserting after paragraph (1) the fol15 lowing new paragraph (2): 

16 ‘‘(2) Of the amounts of electric energy produced or 

17 procured from renewable energy sources to achieve the 

18 goals in section 203(a) of the Energy Policy Act of 2005 

19 (42 U.S.C. 15852(a)) for fiscal year 2011 and each subse20 quent fiscal year, and in paragraph (1)(A)— 

21 ‘‘(A) at least 50 percent shall be produced or 

22 procured from renewable energy sources that became 

23 fully operational after January 1, 1999; and 


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1 ‘‘(B) at least 20 percent shall be produced or 

2 procured from renewable energy sources that became 

3 fully operational after September 30, 2009.’’. 

4 (b) IMPLEMENTATION PLAN.—Not later than 90 

5 days after the date of the enactment of this Act, the Sec6 retary of Defense shall submit to Congress a plan for 

7 meeting the goals described in paragraph (2) of section 

8 2911(e) of title 10, United States Code (as amended by 

9 subsection (a) of this section), in conformance with the 

10 requirements of that paragraph. 

11 SEC. 5. CONSIDERATION OF ENVIRONMENTALLY SUSTAIN12 ABLE PRACTICES IN DEPARTMENT ENERGY 

13 PERFORMANCE PLAN. 

14 Section 2911(c) of title 10, United States Code, is 

15 amended— 

16 (1) in paragraph (4), by inserting ‘‘and hybrid17 electric drive’’ after ‘‘alternative fuels’’; 

18 (2) by redesignating paragraph (9) as para19 graph (11) and paragraphs (5) through (8) as para20 graphs (6) through (9), respectively; 

21 (3) by inserting after paragraph (4) the fol22 lowing new paragraph (5): 

23 ‘‘(5) Opportunities for the high-performance 

24 construction, lease, operation, and maintenance of 

25 buildings.’’; and 


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1 (4) by inserting after paragraph (9) (as redesig2 nated by paragraph (2)) the following new para3 graph: 

4 ‘‘(10) The value of incorporating electric, hy5 brid-electric, and high-efficiency vehicles into vehicle 

6 fleets.’’. 

7 SEC. 6. APPLICATION OF REQUIREMENTS REGARDING USE 

8 OF RENEWABLE FORMS OF ENERGY AND EN9 ERGY EFFICIENT PRODUCTS TO CONTRAC10 TORS OPERATING GOVERNMENT-OWNED FA11 CILITIES AND TENANTS AND CONCES12 SIONAIRES. 

13 Section 2915 of title 10, United States Code, is 

14 amended by adding at the end the following new sub15 section: 

16 ‘‘(f) APPLICATION TO CONTRACTORS OPERATING

17 GOVERNMENT-OWNED FACILITIES AND TENANTS AND

18 CONCESSIONAIRES.—(1) The Secretary of Defense shall 

19 require that any contract described in paragraph (2) en20 tered into by the Secretary of a military department or 

21 the head of a Defense Agency after September 30, 2010, 

22 includes a provision requiring the non-Federal party to the 

23 contract to comply with the requirements of this section 

24 regarding use of renewable forms of energy and energy 

25 efficient products. 


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1 ‘‘(2) Paragraph (1) applies to the following contracts: 

2 ‘‘(A) A contract providing for contractor oper3 ation of a Government-owned facility of the Depart4 ment of Defense. 

5 ‘‘(B) A contract involving a permit, lease, li6 cense, or other legally binding obligation between the 

7 Department and a tenant or concessionaire. 

8 ‘‘(3) The Secretary of Defense may authorize an ex9 ception to paragraph (1) on a contract-by-contract basis.’’. 

10 SEC. 7. FUNDING FOR ENERGY CONSERVATION PROJECTS. 

11 (a) AUTHORIZATION TO OBLIGATE FUNDS.—The 

12 Secretary of Defense may obligate, from amounts appro13 priated pursuant to the authorization of appropriations in 

14 section 2403 of the Military Construction Authorization 

15 for Fiscal Year 2011 to carry out energy conservation 

16 projects, $290,000,000 to carry out energy conservation 

17 projects under chapter 173 of title 10, United States 

18 Code, to accelerate implementation of the energy perform19 ance plan of the Department of Defense and achievement 

20 of the energy performance goals established under section 

21 2911 of such title, as amended by this Act. 

22 (b) AUTHORIZATION OF APPROPRIATIONS TO COM23 PENSATE FOR DEFICIENCY.—There is authorized to be 

24 appropriated to the Secretary of Defense an amount equal 

25 to the difference between— 


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

2 Secretary of Defense under subsection (a); and 

3 (2) the amount appropriated pursuant to the 

4 authorization of appropriations in section 2403 of 

5 the Military Construction Authorization for Fiscal 

6 Year 2011 to carry out energy conservation projects. 

7 SEC. 8. IMPROVED BUILDING EFFICIENCY FOR DEPART8 MENT OF DEFENSE FACILITIES. 

9 (a) INSULATION RETROFITTING ASSESSMENT.—Not 

10 later than 180 days after the date of the enactment of 

11 this Act, the Secretary of Defense shall submit to Con12 gress an assessment of— 

13 (1) the potential for improving the insulation of 

14 Department of Defense facilities; and 

15 (2) the savings that would be generated by ret16 rofitting, to improve insulation, all Department fa17 cilities that are not scheduled for replacement under 

18 the future-years defense program submitted to Con19 gress during fiscal year 2011 under section 221 of 

20 title 10, United States Code. 

21 (b) ENERGY AND WATER EVALUATIONS.— 

22 (1) EVALUATIONS REQUIRED.—Energy man23 agers for Department of Defense facilities shall com24 plete an annual comprehensive energy and water 

25 evaluation for at least 25 percent of the Department 


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1 facilities. Each Department facility shall be evalu2 ated at least once every four years. 

3 (2) ELEMENTS.—An evaluation shall, with re4 spect to each facility— 

5 (A) identify, through means including a re6 commissioning or retrocommissioning process, 

7 measures to improve the energy and water effi8 ciency of the facility, including the efficiency 

9 of— 

10 (i) lighting, heating, ventilating, and 

11 air-conditioning systems; 

12 (ii) combined heat and power systems; 

13 and 

14 (iii) the building envelope (including 

15 insulation, roofing, and windows); and 

16 (B) assess the feasibility and life cycle 

17 cost-effectiveness of— 

18 (i) implementing the measures identi19 fied in subparagraph (A); and 

20 (ii) providing on-site renewable elec21 tricity generation. 

22 (3) IMPLEMENTATION OF IDENTIFIED ENERGY

23 AND WATER EFFICIENCY MEASURES.—Not later 

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1 tion under this subsection, the energy manager 

2 shall— 

3 (A) implement any measure assessed under 

4 clause (i) or (ii) of paragraph (2)(B) to be fea5 sible and life cycle cost-effective; and 

6 (B) in implementing measures under sub7 paragraph (A), bundle individual measures of 

8 varying paybacks together into combined 

9 projects. 

10 (4) FOLLOW-UP ON IMPLEMENTED MEAS11 URES.—For each measure implemented under para12 graph (3), the energy manager shall ensure that— 

13 (A) equipment, including building and 

14 equipment controls, is fully commissioned at ac15 ceptance to be operating at design specifica16 tions; 

17 (B) a plan for appropriate operations, 

18 maintenance, and repair of the equipment is in 

19 place at acceptance and is followed; 

20 (C) equipment and system performance is 

21 measured during its entire life to ensure proper 

22 operations, maintenance, and repair; and 

23 (D) energy and water savings are meas24 ured and verified. 


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1 (5) CERTAIN FACILITIES EXEMPTED.—This 

2 subsection does not apply to facilities that are sched3 uled for replacement under the future-years defense 

4 program submitted to Congress during fiscal year 

5 2011 under section 221 of title 10, United States 

6 Code. 

7 (6) LIFE CYCLE COST-EFFECTIVE DEFINED.— 

8 In this subsection, the term ‘‘life cycle cost-effec9 tive’’, with respect to a measure, means a measure, 

10 the estimated net savings of which (including sav11 ings in estimated energy and water costs and oper12 ations, maintenance, repair, replacement, and other 

13 direct costs) exceed the estimated costs, including 

14 the cost of the initial implementation of the measure 

15 but not financing costs, over the lifespan of the 

16 measure. The Secretary of Defense may make such 

17 modifications and provide such exceptions to the cal18 culation of the payback period of a measure as the 

19 Secretary determines to be appropriate to achieve 

20 the purposes of this Act. 

21 (7) AUTHORIZATION TO OBLIGATE FUNDS.— 

22 The Secretary of Defense may obligate, from funds 

23 authorized to be appropriated for the Department of 

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1 tenance such sums as are necessary to carry out this 

2 subsection. 

3 (8) RULE OF CONSTRUCTION.—This subsection 

4 shall not be construed to require or to obviate any 

5 contractor savings guarantees. 

6 (9) COMMENCEMENT.—The requirement im7 posed by this subsection shall commence 180 days 

8 after the date of enactment of this Act. 

9 (c) INSTALLATION OF HIGH-EFFICIENCY INSULA10 TION ON FACILITIES AT FORWARD OPERATING LOCA11 TIONS.—The Secretary of each military department shall 

12 require the installation of high-efficiency insulation on any 

13 climate-controlled structure at a forward operating loca14 tion of the Armed Forces under the jurisdiction of the Sec15 retary if the Secretary determines that inclusion of high16 efficiency insulation will result in a reduction in energy 

17 use and will be life cycle cost-effective. 

18 (d) GOAL TO DEVELOP ON-SITE RENEWABLE ELEC19 TRICITY GENERATION.—The Secretary of Defense shall 

20 ensure that, of the total energy anticipated to be consumed 

21 in a fiscal year by facilities constructed after fiscal year 

22 2020, at least 20 percent of the energy is derived from 

23 renewable electricity generation occurring on the parcels 

24 on which new facilities will be located. 


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1 SEC. 9. CONVERSION OF DEPARTMENT OF DEFENSE FLEET 

2 OF NON-TACTICAL MOTOR VEHICLES TO 

3 ELECTRIC AND HYBRID MOTOR VEHICLES. 

4 (a) CONVERSION REQUIRED.— 

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

6 173 of title 10, United States Code, is amended by 

7 inserting after section 2922c the following new sec8 tion: 

9 ‘‘§ 2922c-1. Conversion of Department of Defense non10 tactical motor vehicle fleet to motor vehi11 cles using electric or hybrid propulsion 

12 systems 

13 ‘‘(a) DEADLINE FOR CONVERSION.—Not later than 

14 September 30, 2015, the Secretary of each military de15 partment and the head of each Defense Agency shall con16 vert the fleet of non-tactical motor vehicles of the depart17 ment or Defense Agency that is powered by petroleum18 derived fuel to motor vehicles using— 

19 ‘‘(1) electric propulsion; 

20 ‘‘(2) hybrid propulsion; or 

21 ‘‘(3) an alternative propulsion system with at 

22 least a 30 percent net increase in energy efficiency 

23 per vehicle over the conventional propulsion system. 

24 ‘‘(b) PREFERENCE.—To comply with the deadline 

25 specified in subsection (a), in procuring motor vehicles for 

26 use by a military department or Defense Agency after the 


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1 date of the enactment of this section, the Secretary of the 

2 military department or the head of the Defense Agency 

3 shall provide a preference for the procurement of non-tac4 tical motor vehicles with a propulsion system described in 

5 paragraph (1), (2), or (3) of subsection (a), including 

6 plug-in hybrid systems, if the motor vehicles— 

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

8 the procurement; and 

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

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

13 ‘‘(c) EXCEPTION.—This section shall not apply to 

14 motor vehicles that are on a replacement cycle greater 

15 than 10 years on the date of the enactment of this section. 

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

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

18 vehicle that draws propulsion energy from onboard sources 

19 of stored energy that are both— 

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

21 using combustible fuel; and 

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

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of such subchapter is amendVerDate Mar 15 2010 01:52 Jul 15, 2010 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3585.IS S3585

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1 ed by inserting after the item relating to section 

2 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.’’. 

3 (b) EXTENSION TO CONTRACTOR-OPERATED, GOV4 ERNMENT-OWNED VEHICLES.—The Secretary of Defense 

5 shall require that contracts entered into by the Secretary 

6 of a military department or the head of a Defense Agency 

7 after the date of the enactment of this Act for contractor 

8 operation of Government-owned vehicles include a provi9 sion requiring the contractor to comply with section 

10 2922c-1 of title 10, United States Code, as added by sub11 section (a), to the same extent as the Department is re12 quired to comply with such section. 

13 SEC. 10. RESEARCH AND DEVELOPMENT ACTIVITIES TO IN14 CORPORATE HYBRID-DRIVE TECHNOLOGY 

15 INTO CURRENT AND FUTURE TACTICAL 

16 FLEET OF MILITARY GROUND VEHICLES. 

17 (a) IDENTIFICATION OF USABLE HYBRID-DRIVE

18 TECHNOLOGY.—Not later than 90 days after the date of 

19 enactment of this Act, the Secretary of each military de20 partment shall submit to Congress a report identifying hy21 brid-drive technologies suitable for incorporation into the 

22 next reset and recap of motor vehicles of the current tac23 tical fleet of each Armed Force under the jurisdiction of 

24 the Secretary. In identifying suitable hybrid-drive techVerDate Mar 15 2010 01:52 Jul 15, 2010 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3585.IS S3585

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1 nologies, the Secretary shall consider the feasibility and 

2 cost of incorporating a hybrid-drive technology into each 

3 vehicle and the design changes and amount of time re4 quired for incorporation. 

5 (b) AUTHORIZATION OF OBLIGATION.—The Sec6 retary of Defense is authorized to obligate, from funds ap7 propriated for the Department of Defense for research, 

8 development, test, and evaluation for fiscal year 2011, 

9 $50,000,000 to incorporate hybrid-drive technologies iden10 tified under subsection (a) into the current tactical fleets 

11 of the Armed Forces. 

12 (c) HYBRID-DRIVE TECHNOLOGY DEFINED.—In this 

13 section, the term ‘‘hybrid-drive technology’’ means a pro14 pulsion system, including the engine and drive train, that 

15 draws energy from onboard sources of stored energy that 

16 involve— 

17 (1) an internal combustion or heat engine using 

18 combustible fuel; and 

19 (2) a rechargeable energy storage system. 

20 SEC. 11. DEVELOPMENT OF BIOFUEL DERIVED FROM MA21 TERIALS THAT DO NOT COMPETE WITH FOOD 

22 STOCKS AND IS SUITABLE FOR USE AS AVIA23 TION FUEL. 

24 (a) DEVELOPMENT PLAN REQUIRED.—Not later 

25 than 180 days after the date of the enactment of this Act, 


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1 the Secretary of Defense shall submit to Congress a test2 ing and certification plan to develop and put into oper3 ational use by September 30, 2016, a biofuel derived from 

4 materials that do not compete with food stocks and is suit5 able for use as or in an aviation fuel for military purposes. 

6 (b) NOTIFICATION OF OPERATIONAL AVAILABILITY

7 OF BIOFUEL.—The Secretary shall notify Congress as 

8 soon as practicable after the Secretary determines that an 

9 aviation fuel that consists of at least 50 percent biofuels 

10 described under subsection (a) is available for operational 

11 use by the Armed Forces for military aviation purposes. 

12 SEC. 12. IMPLEMENTATION. 

13 (a) RESPONSIBLE OFFICIALS.—The Deputy Under 

14 Secretary of Defense for Installations and Environment 

15 and the Director of Operational Energy Plans and Pro16 gram shall be the officials of the Department of Defense 

17 responsible for the implementation of this Act and the 

18 amendments made by this Act. Such officials shall monitor 

19 the implementation plans of the military departments and 

20 Defense Agencies and keep the Secretary of Defense in21 formed of all guidance issued and activities carried out 

22 within the Department of Defense that relate to the imple23 mentation of this Act and the amendments made by this 

24 Act. 


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1 (b) APPLICABILITY.—This Act and the amendments 

2 made by this Act shall apply with respect to the activities, 

3 personnel, resources, and facilities of the Department of 

4 Defense that are located within the United States as well 

5 as those facilities, regardless of whether permanent or 

6 temporary, that are located outside the United States. 

7 (c) REPORTING REQUIREMENTS.—The Secretary of 

8 Defense shall submit to Congress a semiannual progress 

9 report on the implementation of this Act and the amend10 ments made by this Act. 

11 SEC. 13. WAIVER AUTHORITY. 

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

13 waive the implementation or operation of a provision of 

14 this Act or an amendment made by this Act if the Sec15 retary certifies to the Congress that implementation or 

16 continued operation of such provision would adversely im17 pact the national security of the United States. 

18 (b) INTELLIGENCE ACTIVITY WAIVER.—The Direc19 tor of National Intelligence may, in consultation with the 

20 Secretary of Defense, exempt an intelligence activity of the 

21 United States, and related personnel, resources, and facili22 ties, from a provision of this Act or an amendment made 

23 by this Act to the extent the Director and Secretary deterVerDate Mar 15 2010 01:52 Jul 15, 2010 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3585.IS S3585

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1 mine necessary to protect intelligence sources and methods 

2 from unauthorized disclosure. 

Æ 


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