I 
116TH CONGRESS 
2D SESSION 
H. R. 7417 
To direct the Secretary of Defense to set sustainability goals for the 
Department of Defense, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2020 
Mr. CASTEN of Illinois introduced the following bill; which was referred to the 
Committee on Armed Services 
A BILL 
To direct the Secretary of Defense to set sustainability goals 
for the Department of Defense, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Security Re-
siliency and Sustainability Act of 2020’’. 
SEC. 2. RESILIENCY AND SUSTAINABILITY GOALS FOR THE 
DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—For fiscal year 2021 and any sub-
sequent fiscal year, the Secretary of Defense shall— 
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(1) reduce energy intensity (measured in Brit-
ish thermal units per gross square foot) in buildings 
of the Department by 2.5 percent annually through 
the end of fiscal year 2027, relative to the baseline 
energy use in buildings of the Department in 2008 
by implementing efficiency measures. 
(2) improve data center energy efficiency at De-
partment facilities by— 
(A) ensuring the chief information officer 
of the Department promotes energy optimiza-
tion, efficiency, and performance in data cen-
ters; 
(B) installing and monitoring advanced en-
ergy meters in all data centers by 2023; and 
(C) establishing a power usage effective-
ness target of 1.2 to 1.4 for new data centers 
and less than 1.5 for existing data centers; 
(3) ensure that electric energy and thermal en-
ergy in Department buildings are comprised of clean 
energy, in amounts— 
(A) not less than 28 percent for fiscal 
years 2028 and 2029; 
(B) not less than 33 percent for fiscal 
years 2030 and 2031; 
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(C) not less than 37 percent for fiscal 
years 2032 and 2033; 
(D) not less than 39 percent for fiscal 
years 2034 and 2035; 
(E) not less than 42 percent for fiscal 
years 2036 and 2037; and 
(F) not less than 45 percent for fiscal year 
2038 and each year thereafter; 
(4) ensure that the percentage of the total 
amount of electric energy consumed by the Depart-
ment that is clean energy is— 
(A) not less than 28 percent for fiscal year 
2025; 
(B) not less than 30 percent for fiscal 
years 2026 and 2027; 
(C) not less than 33 percent for fiscal 
years 2028 and 2029; 
(D) not less than 37 percent for fiscal 
years 2030 and 2031; 
(E) not less than 40 percent for fiscal 
years 2032 and 2033; 
(F) not less than 43 percent for fiscal 
years 2034 and 2035; 
(G) not less than 46 percent for fiscal 
years 2036 and 2037; and 
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(H) not less than 50 percent for fiscal year 
2038 and each year thereafter; 
(5) ensure that all clean energy capacity added 
between 2021 and 2040 comes from sources based 
on projects that are not in operation as of the date 
of the installation or signing of any financial agree-
ment for the purchase of the clean electric or ther-
mal energy; 
(6) include in the electric energy portion of the 
clean energy requirements established in paragraphs 
(3) and (4), and retain all renewable energy certifi-
cates and clean energy attributes for, clean electric 
energy associated with— 
(A) installing clean energy on site at De-
partment facilities; 
(B) contracting for the purchase of energy, 
which includes— 
(i) the installation of renewable en-
ergy on site at a Department facility or off 
site from a Department facility; and 
(ii) the installation of clean energy op-
erating or owned by a third party on site 
of a Department facility that is directly 
serving local loads, and for which the facil-
ity has a commitment to procure, for a 
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contract period of not less than 10 years 
and up to a period of 40 years, the lesser 
of— 
(I) 100 percent of clean energy 
asset output; or 
(II) 100 percent of facility energy 
needs; and 
(iii) a contract for differences with a 
minimum off-take period of 10 years, and 
up to a period of 40 years, for the installa-
tion of clean energy not physically located 
on site at a Department facility nor elec-
trically connected to the facility, for which 
the department agrees to procure the en-
ergy (in MWh), as well as corresponding 
renewable energy certificates, and clean en-
ergy attributes, at a defined price for the 
period of the contract; 
(7) include, in the thermal electric energy por-
tion of the clean energy requirement established in 
paragraph (3), clean energy associated with— 
(A) installing thermal clean energy on site 
at Department facilities and retaining cor-
responding renewable and clean attributes; and 
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(B) fulfilling the requirements of the en-
ergy policy of the Department as provided in 
section 2911 of title 10, United States Code; 
(8) improve water use efficiency and manage-
ment, including stormwater management, by— 
(A) reducing potable water consumption 
intensity, measured in gallons per gross square 
foot, by 36 percent by fiscal year 2025 through 
reductions of 2 percent annually through fiscal 
year 2025 relative to a baseline of the water 
consumption of the Department in fiscal year 
2007; 
(B) installing water meters and collecting 
and using building and facility water balance 
data to improve water conservation and man-
agement; 
(C) reducing the industrial, landscaping, 
and agricultural water consumption, measured 
in gallons, by 2 percent annually through fiscal 
year 2025 relative to a baseline of the indus-
trial, landscaping, and agricultural water con-
sumption of the Department during fiscal year 
2010; and 
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(D) installing appropriate green infrastruc-
ture features on Department property to help 
with stormwater and wastewater management; 
(9) improve building efficiency, performance, 
and management by— 
(A) ensuring, for fiscal year 2021 and each 
subsequent fiscal year, that the new construc-
tion of any Department building larger than 
5,000 gross square feet that enters the plan-
ning process is designed to achieve energy net- 
zero and, water or waste net-zero by fiscal year 
2035; 
(B) identifying, beginning in fiscal year 
2021, as part of the planning requirements of 
section 3, a percentage of at least 15 percent, 
measured by number or total square footage, of 
the existing Department buildings larger than 
5,000 gross square feet that will, by fiscal year 
2030, comply with the revised Guiding Prin-
ciples for Federal Leadership in High Perform-
ance and Sustainable Buildings (Guiding Prin-
ciples), and will reach 100 percent conformance 
with the Guiding Principles for building inven-
tory by 2050; 
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(C) identifying, as part of the planning re-
quirements of this section, a percentage of the 
existing buildings of the Department that are 
larger than 5,000 gross square feet and in-
tended to be energy, waste, or water net-zero 
buildings by fiscal year 2030, and implementing 
actions that will allow those buildings to meet 
that target; 
(D) including in all new Department lease 
solicitations for buildings or facilities larger 
than 10,000 rentable square feet— 
(i) criteria for energy efficiency either 
as a required performance specification or 
as a source selection evaluation factor in 
best-value tradeoff procurements; and 
(ii) requirements for building lessor 
disclosure of carbon emission or energy 
consumption data for any portion of the 
building occupied by the Department that 
may be provided by the lessor through sub-
metering or estimation from prorated occu-
pancy data, whichever is more cost-effec-
tive; 
(E) including in the planning for new 
buildings or leases cost-effective strategies to 
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optimize sustainable space usage and consider-
ation of existing community transportation 
planning and infrastructure, including access to 
public transit; and 
(F) including the incorporation of climate- 
resilient design and management elements into 
the operation, repair, and renovation of existing 
Department buildings and the design of new 
Department buildings; 
(10) promote sustainable acquisition and pro-
curement by ensuring that environmental perform-
ance and sustainability factors are included for all 
applicable procurements in the planning, award, and 
execution phases of the acquisition by— 
(A) preferentially purchasing— 
(i) recycled content products des-
ignated by the Environmental Protection 
Agency; 
(ii) energy and water efficient prod-
ucts and services identified by the Environ-
mental Protection Agency and the Depart-
ment of Energy; and 
(iii) BioPreferred and biobased prod-
ucts, as designated by the Department of 
Agriculture; 
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(B) purchasing sustainable products and 
services identified by the Environmental Protec-
tion Agency; 
(C) purchasing products or services that— 
(i) meet or exceed specifications, 
standards, or labels recommended by the 
Environmental Protection Agency that 
have been determined to assist agencies in 
meeting their needs and further advance 
sustainable procurement goals; or 
(ii) meet environmental performance 
criteria developed or adopted by voluntary 
consensus standards bodies consistent with 
section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note(d)); 
(D) acting, as part of the implementation 
of planning requirements under section 3, until 
the Department achieves at least 95 percent 
compliance with the BioPreferred and biobased 
purchasing requirement in this paragraph, to— 
(i) establish annual targets for the 
number of contracts to be awarded with 
BioPreferred and biobased criteria and the 
dollar value of BioPreferred and biobased 
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products to be delivered and reported 
under those contracts in the following fis-
cal year, by considering— 
(I) the dollar value of designated 
BioPreferred and biobased products 
reported in previous years; 
(II) the specifications reviewed 
and revised for inclusion of BioPre-
ferred and biobased products; and 
(III) the number of applicable 
product and service contracts to be 
awarded, including construction, oper-
ations and maintenance, food services, 
vehicle maintenance, and janitorial 
services; and 
(ii) ensure contractors submit timely 
annual 
reports 
on 
BioPreferred 
and 
biobased purchases; and 
(E) reducing copier and printing paper use 
and acquiring uncoated printing and writing 
paper containing at least 30 percent post-con-
sumer recycled content or greater; and 
(11) implement energy savings performance 
contracts for Department buildings by— 
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(A) using energy savings performance con-
tracting as a tool to help meet energy efficiency 
and management goals while implementing life- 
cycle cost-effective energy efficiency and clean 
energy technology and water conservation meas-
ures; and 
(B) providing annual Department targets 
for performance contracting for energy savings 
for fiscal year 2021 and subsequent fiscal years 
as part of the planning requirements of section 
3. 
(b) STRATEGIC
SUSTAINABILITY
PERFORMANCE 
PLAN.—For each of fiscal years 2021 through 2040, the 
Secretary of Defense shall develop, implement, and annu-
ally update an integrated Strategic Sustainability Per-
formance Plan for the Department. Not later than 180 
days before the end of the fiscal year, each year the Sec-
retary shall submit to Congress the plan for the Depart-
ment for the subsequent fiscal year. Each such plan shall 
be made publicly available on the website of the Depart-
ment. 
(c) LIMITATIONS.—This section shall apply with re-
spect to activities, personnel, resources, and facilities of 
the Department that are located within the United States. 
The Secretary of Defense may provide that this section 
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shall apply in whole or in part with respect to the activi-
ties, personnel, resources, and facilities of the Department 
that are not located within the United States, if the Sec-
retary determines that such application is in the interest 
of the United States. 
(d) WAIVER AUTHORITY.— 
(1) IN
GENERAL.—The Secretary of Defense 
may waive the requirements of this section with re-
spect to a particular activity or facility of the De-
partment if the Secretary determines such a waiver 
is in the national security interests of the United 
States. 
(2) NOTICE.—Not later than 30 days after the 
Secretary issues a waiver under subsection (a), the 
Secretary shall submit to the chair and ranking 
member of the Committees on Armed Services of the 
Senate and House of Representatives notice of the 
waiver and the reason for the waiver. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘advanced energy meters’’ means 
those energy meters that meet the requirements for 
certification as defined by the Leadership in Energy 
and Environmental Design (LEED) program as 
maintained by the U.S. Green Building Council 
(USGBC). 
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(2) The term ‘‘average greenhouse gas intensity 
of power generation on the United States electric 
grid’’ means the total net greenhouse gas emissions 
from the electricity sector in the previous fiscal year 
as measured in carbon dioxide equivalents and deter-
mined by the Energy Information Administration in 
consultation with the Environmental Protection 
Agency, divided by the national net power generation 
over the same period as determined by the Energy 
Information Administration. 
(3) The term ‘‘best-value tradeoff procure-
ments’’ means a process by which the Government 
considers whether it is in the best interest of the 
Government to award a contract to an entity other 
than the lowest price offeror or other than the high-
est technically rated offeror based on established 
evaluation factors. 
(4) The term ‘‘clean energy’’ means any energy 
produced by a generation project that is at least 50 
percent less greenhouse gas intensive on a marginal 
basis as measured by carbon dioxide equivalents per 
megawatt-hour than the average greenhouse gas in-
tensity of power generation on the United States 
electric grid over the previous fiscal year at the time 
of contracting. 
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(5) The term ‘‘clean energy attributes’’ means 
the technology and non-energy attributes that rep-
resent proof that 1 megawatt-hour of electricity was 
generated from an eligible clean energy resource, 
that can be sold separately from the underlying ge-
neric electricity with which they are associated by 
sources of clean energy placed into service within 10 
years prior to the start of the fiscal year. 
(6) The term ‘‘climate resilient design’’ means 
to design assets to prepare for, withstand, respond 
to, or quickly recover from disruptions due to severe 
weather events and climate change for the intended 
life of the asset. 
(7) The term ‘‘Department facility’’ means any 
building or collection of buildings, grounds, or struc-
tures, as well as any fixture or part thereof, which 
is owned by the Department of Defense or that is 
held by the Department under a lease-acquisition 
agreement under which the Department will receive 
fee simple title under the terms of such agreement 
without further negotiation. 
(8) The term ‘‘energy net zero’’ means a build-
ing where the total energy used by the building on 
an annual basis is equal to the amount of clean en-
ergy created in site. 
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(9) The term ‘‘equal value replacement renew-
able energy certificates’’ means a quantity of renew-
able energy certificates equal to the number of 
megawatt-hours of clean electricity generated from 
an eligible renewable energy resource. 
(10) The term ‘‘greenhouse gas’’ means carbon 
dioxide, methane, nitrous oxide, hydrofluorocarbons, 
perfluorocarbons, 
nitrogen 
triflouride, 
sulfur 
hexafluoride, and any other substance so identified 
by the Administrator of the Environmental Protec-
tion Agency. 
(11) The term ‘‘greenhouse gas intensity on a 
marginal basis’’ means the marginal fossil fuel use 
multiplied by the lower heating value of the fossil 
fuel, as defined by the Energy Information Adminis-
tration, multiplied by the carbon dioxide emissions 
coefficients of the fossil fuel, as defined by the En-
ergy Information Administration. If a project uses 
no fossil fuel, the marginal greenhouse gas emissions 
are defined as zero. 
(12) The term ‘‘green infrastructure features’’ 
means features of infrastructure which use natural 
hydrologic features to manage water and provide en-
vironmental and community benefits. 
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(13) The term ‘‘life-cycle cost-effective’’ means 
the costs of a product, project, or measure during 
the life of the product, project, or measure are esti-
mated to be equal to or less than the current or 
standard practice or product. 
(14) The term ‘‘marginal greenhouse gas emis-
sions’’ means the marginal fossil fuel use multiplied 
by the lower heating value of the fossil fuel, as de-
fined by the Energy Information Administration, 
multiplied by the carbon dioxide emissions coeffi-
cients of the fossil fuel, as defined by the Energy In-
formation Administration. If a project uses no fossil 
fuel, the marginal greenhouse gas emissions are de-
fined as zero. 
(15) The term ‘‘marginal fossil fuel use’’ means 
the fossil fuel combusted to produce energy by the 
project, measured in metric tons per year, minus 
any existing fossil combustion, measured in metric 
tons per year, within the same system that is deter-
mined by the Administrator of the Environmental 
Protection Agency in consultation with the Secretary 
of Energy and Administrator of the Energy Infor-
mation Administration to be necessary to the pro-
duction of the contracted energy generation and 
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would have been consumed regardless of the addition 
of the contracted energy generation. 
(16) The term ‘‘energy savings performance 
contract’’ means a contract that— 
(A) provides for the performance of serv-
ices for the design, acquisition, installation, 
testing, and, where appropriate, operation, 
maintenance, and repair, of an identified energy 
conservation measure or series of measures at 
1 or more locations; and 
(B) with respect to an agency facility that 
is a public building (as such term is defined in 
section 3301 of title 40, United States Code), 
is in compliance with the prospectus require-
ments and procedures of section 3307 of title 
40, United States Code. 
(17) The term ‘‘power usage effectiveness’’ 
means the ratio obtained by dividing the total 
amount of electricity and other power consumed in 
running a data center by the power consumed by the 
information and communications technology in the 
data center. 
(18) The term ‘‘renewable attributes’’ means 
the environmental benefits associated with 1 mega-
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watt-hour of electricity generated from a renewable 
energy resource. 
(19) The term ‘‘renewable energy certificate’’ 
means the technology and non-energy attributes that 
represent proof that 1 megawatt-hour of electricity 
was generated from an eligible renewable energy re-
source, that can be sold separately from the under-
lying generic electricity with which they are associ-
ated and were produced by sources of renewable en-
ergy placed into service within 10 years prior to the 
start of the fiscal year. 
(20) The term ‘‘resiliency’’ means the ability to 
maintain or quickly restore functionality or use of 
applicable infrastructure following a disruptive exter-
nal event including, but not limited to, severe 
storms, extreme heat, flooding, and earthquakes. 
(21) The term ‘‘source selection evaluation fac-
tor’’ means factors an agency uses to determine 
which of several competing proposals submitted in 
response to an request for proposal would best meet 
the agency’s needs. 
(22) The term ‘‘sustainability’’ means a meas-
ure of the ability of a development, infrastructure 
project, or of general Department operations to meet 
current operational needs without compromising the 
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ability of future generations to meet these needs 
through the depletion of strategic resources, long- 
term environmental harm or pollution, contributing 
to an unsafe climate, or any other measures as 
deemed by the Secretary with consultation from the 
Administrator of the Environmental Protection 
Agency and Chair of the Council on Environmental 
Quality. 
(23) The term ‘‘United States’’ means the fifty 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, American Samoa, the United 
States Virgin Islands, and the Northern Mariana Is-
lands, and associated territorial waters and airspace. 
(24) The term ‘‘waste net zero’’ refers to any 
building which through the reduction, reuse, recy-
cling, composting, or recovery of solid waste streams 
(with the exception of any hazardous materials or 
medical waste) results in the elimination of any 
waste that is sent for disposal to landfills or inciner-
ators. 
(25) The term ‘‘water balance’’ means a com-
parison of the water supplied to a defined system to 
the water consumed by that system in order to iden-
tify the proportion of water consumed for specific 
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