I 
111TH CONGRESS 
2D SESSION 
H. R. 5280 
To amend title 10, United States Code, to reform Department of Defense 
energy policy, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2010 
Ms. GIFFORDS introduced the following bill; which was 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 Representa-
tives 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. 
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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 Govern-
ment-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 vehi-
cles to electric and hybrid motor vehicles. 
Sec. 10. Research and development activities to incorporate hybrid-drive tech-
nology 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 EN-
ERGY PERFORMANCE PLAN IN OTHER DE-
PARTMENT 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 Na-
tional Security Act of 1947 (50 U.S.C. 404a). 
‘‘(B) The annual report of the Secretary of De-
fense submitted to the President and Congress pur-
suant to section 113 of this title. 
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‘‘(C) The Quadrennial Defense Review con-
ducted by the Secretary of Defense pursuant to sec-
tion 118 of this title and the national defense strat-
egy 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: 
‘‘§ 2922g. Procurement preference for goods and serv-
ices derived using sustainable practices 
‘‘(a) GENERAL PREFERENCE.—In the acquisition of 
goods and services, the Secretary of each military depart-
ment and the head of each defense agency shall give a 
preference to goods and services produced using, or other-
wise utilizing, sustainable environmental practices, includ-
ing goods and services that are environmentally preferable, 
energy-efficient, water-efficient, and contain recycled con-
tent. 
‘‘(b) PREFERENCE FOR POST-CONSUMER CONTENT 
PAPER.—Except as specifically exempted by the Secretary 
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concerned, all paper used by the Department of Defense 
shall contain at least 30 percent post-consumer fiber con-
tent.’’. 
(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 sustain-
able practices.’’. 
SEC. 4. RENEWABLE ENERGY GENERATION SOURCES FOR 
DEPARTMENT OF DEFENSE ENERGY NEEDS. 
(a) DEPARTMENT OF DEFENSE RENEWABLE EN-
ERGY GOAL.—Section 2911(e) of title 10, United States 
Code, is amended— 
(1) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively; 
(2) by inserting ‘‘(1)’’ before ‘‘It shall’’; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(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 subse-
quent 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 
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‘‘(B) at least 20 percent shall be produced or 
procured from renewable energy sources that became 
fully operational after September 30, 2009. 
‘‘(3) Not later than 90 days after the date of the en-
actment of this paragraph, the Secretary shall submit to 
Congress an implementation plan for meeting the goals 
described in paragraph (2) in conformance with the re-
quirements of that paragraph.’’. 
SEC. 5. CONSIDERATION OF ENVIRONMENTALLY SUSTAIN-
ABLE 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 para-
graph (11) and paragraphs (5) through (8) as para-
graphs (6) through (9), respectively; 
(3) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) Opportunities for the high-performance 
construction, lease, operation, and maintenance of 
buildings.’’; and 
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(4) by inserting after paragraph (9) (as redesig-
nated by paragraph (2)) the following new para-
graph: 
‘‘(10) The value of incorporating electric, hy-
brid-electric, and high-efficiency vehicles into vehicle 
fleets.’’. 
SEC. 6. APPLICATION OF REQUIREMENTS REGARDING USE 
OF RENEWABLE FORMS OF ENERGY AND EN-
ERGY EFFICIENT PRODUCTS TO CONTRAC-
TORS OPERATING GOVERNMENT-OWNED FA-
CILITIES 
AND 
TENANTS 
AND 
CONCES-
SIONAIRES. 
Section 2915 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(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) en-
tered into by the Secretary of a military department or 
the head of a defense agency after September 30, 2010, 
include 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. 
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‘‘(2) Paragraph (1) applies to the following contracts: 
‘‘(A) A contract providing for contractor oper-
ation of a Government-owned facility of the Depart-
ment of Defense. 
‘‘(B) A contract involving a permit, lease, li-
cense, or other legally binding obligation between the 
Department and a tenant or concessionaire. 
‘‘(3) The Secretary of Defense may authorize an ex-
ception 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 appro-
priated pursuant to the authorization of appropriations in 
section 2403 of the Military Construction Authorization 
for Fiscal Year 2011 to carry out energy conservation 
projects, $180,000,000 to carry out energy conservation 
projects under chapter 173 of title 10, United States 
Code, to accelerate implementation of the energy perform-
ance plan of the Department of Defense and achievement 
of the energy performance goals established under section 
2911 of such title. 
(b) AUTHORIZATION OF APPROPRIATIONS TO COM-
PENSATE FOR DEFICIENCY.—There is authorized to be 
appropriated to the Secretary of Defense an amount equal 
to the difference between— 
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(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 DEPART-
MENT 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 Con-
gress an assessment of— 
(1) the potential for improving the insulation of 
Department of Defense facilities; and 
(2) the savings that would be generated by ret-
rofitting, to improve insulation, all Department fa-
cilities that are not scheduled for replacement under 
the future-years defense program submitted to Con-
gress during fiscal year 2011 under section 221 of 
title 10, United States Code. 
(b) ENERGY AND WATER EVALUATIONS.— 
(1) EVALUATIONS
REQUIRED.—Energy man-
agers for Department of Defense facilities shall com-
plete an annual comprehensive energy and water 
evaluation for at least 25 percent of the Department 
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facilities. Each Department facility shall be evalu-
ated at least once every four years. 
(2) ELEMENTS.—An evaluation shall, with re-
spect to each facility— 
(A) identify, through means including a re-
commissioning or retrocommissioning process, 
measures to improve the energy and water effi-
ciency 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 identi-
fied in subparagraph (A); and 
(ii) providing on-site renewable elec-
tricity generation. 
(3) IMPLEMENTATION OF IDENTIFIED ENERGY 
AND
WATER
EFFICIENCY
MEASURES.—Not later 
than two years after the completion of each evalua-
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tion under this subsection, the energy manager 
shall— 
(A) implement any measure assessed under 
clause (i) or (ii) of paragraph (2)(B) to be fea-
sible and life cycle cost-effective; and 
(B) in implementing measures under sub-
paragraph (A), bundle individual measures of 
varying 
paybacks 
together 
into 
combined 
projects. 
(4) FOLLOW-UP
ON
IMPLEMENTED
MEAS-
URES.—For each measure implemented under para-
graph (3), the energy manager shall ensure that— 
(A) equipment, including building and 
equipment controls, is fully commissioned at ac-
ceptance to be operating at design specifica-
tions; 
(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 meas-
ured and verified. 
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(5) CERTAIN
FACILITIES
EXEMPTED.—This 
subsection does not apply to facilities that are sched-
uled 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-effec-
tive’’, with respect to a measure, means a measure, 
the estimated net savings of which (including sav-
ings in estimated energy and water costs and oper-
ations, 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 cal-
culation 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 
appropriated pursuant to the authorization of appro-
priations for operation and maintenance in section 
301 of the Military Construction Authorization for 
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Fiscal Year 2011, 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 im-
posed by this subsection shall commence 180 days 
after the date of enactment of this Act. 
(c) INSTALLATION
OF HIGH-EFFICIENCY INSULA-
TION ON FACILITIES AT FORWARD OPERATING LOCA-
TIONS.—The Secretary of each military department shall 
require the installation of high-efficiency insulation on any 
climate-controlled structure at a forward operating loca-
tion of the Armed Forces under the jurisdiction of the Sec-
retary 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 ELEC-
TRICITY GENERATION.—In the case of all new construc-
tion initiated after September 30, 2020, the Secretary of 
Defense shall ensure that, with respect to the total esti-
mated energy to be consumed by all new facilities funded 
in a fiscal year, at least 20 percent of the energy is derived 
from renewable electricity generation occurring on the par-
cels on which new facilities will be located. 
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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 sec-
tion: 
‘‘§ 2922c-1. Conversion of Department of Defense non- 
tactical motor vehicle fleet to motor vehi-
cles using electric or hybrid propulsion 
systems 
‘‘(a) DEADLINE FOR CONVERSION.—Not later than 
September 30, 2015, the Secretary of each military de-
partment and the head of each defense agency shall con-
vert the fleet of non-tactical motor vehicles of the depart-
ment or defense agency that is powered by petroleum-de-
rived 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 
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