I 
117TH CONGRESS 
1ST SESSION H. R. 4559 
To require the Secretary of Defense to enhance the readiness of the Depart-
ment of Defense to challenges relating to climate change and to improve 
the energy and resource efficiency of the Department, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 20, 2021 
Ms. ESCOBAR (for herself and Mr. KAHELE) introduced the following bill; 
which was referred to the Committee on Armed Services 
A BILL 
To require the Secretary of Defense to enhance the readiness 
of the Department of Defense to challenges relating to 
climate change and to improve the energy and resource 
efficiency of the Department, 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 ‘‘Department of Defense 
Climate Resiliency and Readiness Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
VerDate Sep 11 2014 
20:39 Jul 31, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4559.IH
H4559
pbinns on DSKJLVW7X2PROD with BILLS
(1) CLIMATE
CHANGE.—The term ‘‘climate 
change’’ means a change of climate that is— 
(A) attributed directly or indirectly to 
human activity that alters the composition of 
the global atmosphere; and 
(B) in addition to natural climate varia-
bility observed over comparable time periods. 
(2) CONGRESSIONAL DEFENSE COMMITTEES.— 
The term ‘‘congressional defense committees’’ has 
the meaning given that term in section 101(a)(16) 
of title 10, United States Code. 
(3) GREEN
MANUFACTURING
TECHNOLOGY.— 
The term ‘‘green manufacturing technology’’ means 
manufacturing processes that— 
(A) use low carbon materials; 
(B) reduce carbon emissions or have low 
global warming potential during the production 
of the material or product; and 
(C) use renewable resources to create the 
material or product; and 
(4) NET ZERO ENERGY.—The term ‘‘net zero 
energy’’ means a reduction by an entity in overall 
energy use, maximization of energy efficiency, and 
implementation and use of energy recovery and co-
generation capabilities, and an offset of the remain-
VerDate Sep 11 2014 
20:39 Jul 31, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4559.IH
H4559
pbinns on DSKJLVW7X2PROD with BILLS
ing demand for energy with production of energy 
from onsite renewable energy sources, such that as 
much energy is produced by the entity as the entity 
uses over the course of a year. 
(5) 
RESILIENCY.—The 
term 
‘‘resiliency’’ 
means, with respect to each installation of the De-
partment of Defense, an anticipation, preparation 
for, and adaptation of each installation to utility dis-
ruptions and changing environmental conditions, and 
the achievement and maintenance by such installa-
tion of the capability to withstand, respond to, and 
recover rapidly from utility disruptions while ensur-
ing the sustainment of mission-critical operations. 
(6) NON-OPERATIONAL
SOURCES.—The term 
‘‘non-operational sources’’— 
(A) means fixed installations, enduring lo-
cations, and non-tactical vehicles of the Depart-
ment of Defense; and 
(B) does not include sources in connection 
with the training, moving, and sustaining of the 
Armed Forces and weapons platforms for mili-
tary operations and training, including tactical 
power systems and generators at non-enduring 
locations of the Department of Defense. 
VerDate Sep 11 2014 
20:39 Jul 31, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4559.IH
H4559
pbinns on DSKJLVW7X2PROD with BILLS
(7) RENEWABLE ENERGY SOURCE.—The term 
‘‘renewable energy source’’ has the meaning given 
that term in section 2924(6) of title 10, United 
States Code. 
(8) 
UNITED
STATES.—The 
term 
‘‘United 
States’’ means the several States, the District of Co-
lumbia, and any territory or possession of the 
United States. 
SEC. 
3. 
NET 
ZERO 
ENERGY 
BY 
NON-OPERATIONAL 
SOURCES OF THE DEPARTMENT OF DE-
FENSE. 
(a) IN GENERAL.—The Department of Defense shall 
achieve aggregate net zero energy in use of energy by non- 
operational sources by not later than December 31, 2031. 
(b) STRATEGY.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to Congress a report 
setting forth the strategy of the Department of De-
fense to achieve the requirement under subsection 
(a). 
(2) ELEMENTS.—The report required by para-
graph (1) shall set forth the following: 
(A) The strategy of the Department of De-
fense to achieve the requirement under sub-
VerDate Sep 11 2014 
20:39 Jul 31, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4559.IH
H4559
pbinns on DSKJLVW7X2PROD with BILLS
section (a) for all installations under the juris-
diction of the Department (other than the mili-
tary departments). 
(B) The strategy of each military depart-
ment to achieve the requirement under sub-
section (a) for all installations under the juris-
diction of such department. 
(C) An assessment of the manner in which 
the achievement by the Department of Defense 
of the requirement under subsection (a) will en-
hance the readiness of the Armed Forces to ad-
dress threats posed by Russia, China, Iran, 
North Korea, and violent extremism. 
(3) BIENNIAL
UPDATE.—Not later than two 
years after the submittal of the report required by 
paragraph (1), and every two years thereafter 
through December 31, 2031, the Secretary shall 
submit to Congress a report setting forth the fol-
lowing: 
(A) A current assessment of the progress 
of the Department of Defense in implementing 
the strategy described in paragraph (1), set 
forth by military department, Defense Agency, 
and other component or element of the Depart-
ment. 
VerDate Sep 11 2014 
20:39 Jul 31, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4559.IH
H4559
pbinns on DSKJLVW7X2PROD with BILLS
(B) Any updates to the strategy. 
(4) CONSULTATION.—The Secretary shall con-
sult with the National Academy of Sciences and a 
federally funded research and development center in 
developing the report required by paragraph (1) and 
any update to that report under paragraph (3). 
(c) WAIVER.— 
(1) IN
GENERAL.—The Secretary of Defense 
may waive the requirement in subsection (a) if the 
Secretary— 
(A) determines that achievement of such 
requirement would adversely affect operational 
safety, force protection, or the national security 
interests of the United States; and 
(B) submits to the congressional defense 
committees a written notification of the waiver, 
together with a justification for the waiver. 
(2) PERIOD.—The period of any waiver under 
paragraph (1) may not exceed 30 days. 
(3) RENEWAL.—Any waiver under this sub-
section may be renewed one or more times, in the 
manner provided for the initial such waiver under 
paragraph (1) and for the period provided for in 
paragraph (2). 
VerDate Sep 11 2014 
20:39 Jul 31, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4559.IH
H4559
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 4. INCLUSION IN ANNUAL ENERGY MANAGEMENT AND 
RESILIENCE REPORT OF DEPARTMENT OF 
DEFENSE OF LIST OF MILITARY INSTALLA-
TIONS THAT EMIT THE MOST CARBON AND 
ESTIMATE OF ENERGY CONSUMPTION BY DE-
PARTMENT. 
(a) IN GENERAL.—For every fiscal year beginning 
after the date of the enactment of this Act, the Secretary 
of Defense shall include in the Annual Energy Manage-
ment and Resilience Report for that fiscal year— 
(1) a list of the ten installations within each 
military department that emit the most carbon; 
(2) an estimate of all energy consumption by 
the Department of Defense, including greenhouse 
gas emissions; and 
(3) an assessment of greenhouse gas emissions 
at all installations of the Department, disaggregated 
by operational and non-operational sources. 
(b) METRICS.—In determining energy consumption 
and greenhouse gas emissions under paragraphs (2) and 
(3) of subsection (a), the Secretary shall use metrics es-
tablished by the Under Secretary of Defense for Acquisi-
tion and Sustainment, in consultation with the National 
Academy of Sciences and a federally funded research and 
development center. 
VerDate Sep 11 2014 
20:39 Jul 31, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4559.IH
H4559
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 5. CLIMATE-CONSCIOUS CONTRACTING OF DEPART-
MENT OF DEFENSE. 
(a) IN GENERAL.—Chapter 137 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2339d. Requirements relating to energy consump-
tion and climate change 
‘‘(a) PROJECTED
ENERGY
CONSUMPTION.—Each 
Department of Defense contract for the procurement of 
property or services entered into on or after October 1, 
2021, shall include a written estimate by the Department 
of the total projected energy consumption of all work to 
be performed under the contract, and a statement of 
whether the contract will include investments by the con-
tractor or the Department in renewable energy or energy- 
efficient sources. 
‘‘(b) POLICY ON CONSIDERATION OF CERTAIN FAC-
TORS IN DETERMINATIONS TO AWARD CONTRACTS.—In 
making any determination to enter into a contract de-
scribed in subsection (a), the Secretary of Defense shall 
take into account— 
‘‘(1) whether the contractor verifiably produces 
as much renewable energy as the total energy it con-
sumes; and 
‘‘(2) whether there is any order against the con-
tractor by the Environmental Protection Agency, the 
VerDate Sep 11 2014 
20:39 Jul 31, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4559.IH
H4559
pbinns on DSKJLVW7X2PROD with BILLS
Department of Justice, or a State attorney general 
to pay a fine or take remedial action for a violation 
of an environmental law or regulation of the United 
States. 
‘‘(c) DISCLOSURE OF CLIMATE-RELATED RISKS.— 
Each prospective contractor with the Department of De-
fense shall, as a prerequisite of bidding for a contract with 
the Department, submit a detailed statement to the De-
partment that includes information regarding— 
‘‘(1) the identification of, the evaluation of po-
tential financial impacts of, and any risk-manage-
ment strategies relating to— 
‘‘(A) physical risks posed to the contractor 
by climate change; and 
‘‘(B) transition risks posed to the con-
tractor by climate change; and 
‘‘(2) a description of any established corporate 
governance processes and structures to identify, as-
sess, and manage climate-related risks. 
‘‘(d) ASSESSMENT OF FEES TO COMBAT CLIMATE 
CHANGE.—(1) Each Department of Defense contract for 
the procurement of property or services entered into on 
or after October 1, 2021, shall include a requirement that 
the contractor pay to the Department of Defense a fee 
equal to one percent of the value of the contract in the 
VerDate Sep 11 2014 
20:39 Jul 31, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4559.IH
H4559
pbinns on DSKJLVW7X2PROD with BILLS
case of a contractor that is not, at the time of the Depart-
ment’s solicitation of the contract, verifiably producing as 
much renewable energy as the total energy it consumes. 
‘‘(2) Any contractor required to pay a fee under para-
graph (1) with respect to a contract may not offset the 
cost of such fee by increasing the amount of the proposal 
for such contract. 
‘‘(e) WAIVER.—(1) The Secretary of Defense may 
waive the requirements in subsections (a) and (b) if the 
Secretary— 
‘‘(A)(i) determines that such requirements 
would adversely affect operational safety, force pro-
tection, or the national security interests of the 
United States; or 
‘‘(ii) with respect to particular property or serv-
ices, determines that— 
‘‘(I) market conditions for the property or 
services have adversely affected (or will in the 
near future adversely affect) the acquisition of 
the property or services by the Department of 
Defense; and 
‘‘(II) the waiver will expedite or facilitate 
the acquisition of the property or services; and 
VerDate Sep 11 2014 
20:39 Jul 31, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4559.IH
H4559
pbinns on DSKJLVW7X2PROD with BILLS