I 
117TH CONGRESS 
2D SESSION 
H. R. 7882 
To amend title 10, United States Code, to codify certain clean energy targets 
of the Department of Defense, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 27, 2022 
Mr. CASTEN (for himself, Mr. CROW, Mr. MOULTON, Mr. GALLEGO, and Ms. 
ESCOBAR) introduced the following bill; which was referred to the Com-
mittee on Armed Services 
A BILL 
To amend title 10, United States Code, to codify certain 
clean energy targets of 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 ‘‘Depend on Domestic 
Clean Energy Act’’ or the ‘‘DOD Clean Energy Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The Department of Defense, the agency 
charged with protecting the national security of the 
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United States, observed as early as 1990 that cli-
mate change threatens our military readiness. 
(2) As of 2019, the Department of Defense is 
the single largest consumer of energy in the United 
States, and the single largest institutional consumer 
of petroleum in the world. 
(3) Since 2001, the Department of Defense has 
consistently consumed between 77 and 80 percent of 
all energy consumption of the United States Govern-
ment. 
(4) As climate change brings more extreme 
weather, water and soil stress, sea-level rise, ocean 
acidification, glacial melt, and pollution, greater 
global tensions over food and water insecurity, re-
source scarcity, living patterns, and climate-related 
migration will emerge. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that any unobligated 
amounts for the Energy Resilience and Conservation In-
vestment Program of the Department of Defense at the 
end of fiscal year 2022 should remain available for obliga-
tion by the Department after such fiscal year for deserving 
projects so that the Department is able to appropriately 
vet those projects while increasing staffing. 
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SEC. 4. CODIFICATION OF CERTAIN DEPARTMENT OF DE-
FENSE CLEAN ENERGY TARGETS. 
(a) CODIFICATION.—Section 2911(g) of title 10, 
United States Code, is amended— 
(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by striking paragraphs (1) and (2) and in-
serting the following new paragraphs (1) through 
(3): 
‘‘(1) It shall be the target of the Department of De-
fense, with respect to the activities, personnel, resources, 
and facilities of the Department located within the United 
States— 
‘‘(A) to achieve at least 40 percent carbon pol-
lution-free electricity on a net annual basis by 2024 
within all such facilities of the Department; 
‘‘(B) to achieve 100 percent carbon pollution- 
free electricity on a net annual basis by 2030 within 
all such facilities of the Department; 
‘‘(C) to reduce emissions from installation pro-
curement by at least 20 percent by 2024 and to 
achieve net-zero emissions from installation procure-
ment by 2050; 
‘‘(D) to reduce emissions from buildings on De-
partment installations by 50 percent by 2032 and to 
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achieve net-zero emissions from buildings on instal-
lations by 2045; 
‘‘(E) to reduce emissions from Department op-
erations by 65 percent by 2030 and support the 
achievement of net-zero emissions from Department 
operations by 2050; and 
‘‘(F) to achieve 100 percent zero-emission vehi-
cle acquisitions for nontactical vehicles by 2035, in-
cluding 100 percent zero-emission light-duty vehicle 
acquisitions by 2027, and to work towards 100 per-
cent zero-emission tactical vehicle acquisitions by 
2045. 
‘‘(2) The Secretary of Defense may issue an exemp-
tion to the targets under paragraph (1) with respect to 
an activity of an agency, and any related personnel, re-
sources, and facilities if the Secretary— 
‘‘(A) determines that the exemption is in the 
national security interests of the United States; and 
‘‘(B) submits to the congressional defense com-
mittees notice in writing of the exemption within 30 
days of issuing the exemption. 
‘‘(3)(A) The Secretary of Defense shall submit to the 
congressional defense committees an annual report on the 
progress the Department of Defense has made towards 
achieving the targets under paragraph (1). Each such re-
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port shall cover activities to achieve such targets con-
ducted during the year preceding the date of the submittal 
of the report and shall include— 
‘‘(i) an identification of outstanding funding 
and staffing resources need to implement such ac-
tivities; 
‘‘(ii) a description of any planned activities the 
Secretary intends to carry out in order to meet such 
targets, including how the Office of the Secretary of 
Defense, the military departments, and Defense 
agencies plan to collaborate to implement such ac-
tivities; and 
‘‘(iii) a plan to increase production of renewable 
energy on Department of Defense installations and 
pursue any energy reduction or conservation efforts. 
‘‘(B) Each report under subparagraph (A) shall be 
made publicly available on an appropriate website of the 
Department of Defense.’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(5) The Secretary of Defense shall delegate the re-
sponsibility for carrying out this subsection to the Assist-
ant Secretary of Defense for Energy, Installations, and 
Environment.’’. 
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(b) NON-DOMESTIC APPLICATION
OF TARGETS.— 
The Secretary of Defense may apply, in whole or in part, 
the targets set forth in section 2911(g)(1) of title 10, 
United States Code, as amended by subsection (a), with 
respect to the activities, personnel, resources, and facilities 
of the Department of Defense located outside of the 
United States if the Secretary determines such application 
to be in the interest of the United States. 
SEC. 5. DIRECT HIRE AUTHORITY FOR POSITIONS SUP-
PORTING DEPARTMENT OF DEFENSE EN-
ERGY INDEPENDENCE AND CLIMATE RESIL-
IENCE EFFORTS. 
Chapter 81 of title 10, United States Code, is amend-
ed by adding at the end the following new section (and 
conforming the table of sections at the beginning of such 
chapter accordingly): 
‘‘§ 1599j. Direct hire authority for positions sup-
porting Department of Defense energy 
independence and climate resilience ef-
forts 
‘‘(a) AUTHORITY.—The Secretary of Defense may 
appoint in the Department of Defense, without regard to 
the provisions of subchapter I of chapter 33 of title 5, 
other than sections 3303 and 3328 of such title, qualified 
candidates to positions described in subsection (b) who 
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possess skills and experience the Secretary determines are 
necessary to support the sustainability efforts of the De-
partment of Defense. 
‘‘(b) POSITIONS.—The positions described in this 
subsection are all positions involved in supporting the en-
ergy independence and climate resilience efforts of the De-
partment, including the following: 
‘‘(1) Any position under the Assistant Secretary 
of Defense for Energy, Installations, and Environ-
ment. 
‘‘(2) Any position that supports the remediation 
or response efforts of the Department with respect 
to perfluoralkyl substances and polyfluoroalkyl sub-
stances. 
‘‘(3) Any position that supports the environ-
mental stewardship programs of the Department. 
‘‘(4) Any position that supports the efforts of 
the Department to meet the energy resilience and 
security goals outlined in— 
‘‘(A) section 203 of the Energy Policy Act 
of 2005 (42 U.S.C. 15852); 
‘‘(B) the Energy Independence and Secu-
rity Act of 2007 (42 U.S.C. 17001 et seq.); or 
‘‘(C) section 2911(g) of this title. 
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‘‘(5) Any position that supports the Chief Sus-
tainability Officer of the Department. 
‘‘(6) Any other position the Secretary deter-
mines is essential to advancing the energy independ-
ence and climate resilience efforts of the Depart-
ment.’’. 
SEC. 6. INVESTMENT IN AND DEVELOPMENT OF ENERGY 
EFFICIENT TECHNOLOGY BY DEPARTMENT 
OF DEFENSE. 
(a) AUTHORITIES OF DEPARTMENT RELATING TO 
CLIMATE AND ENERGY RESILIENCE.— 
(1) CHARGING AND REFUELING STATIONS FOR 
ALTERNATIVE FUEL VEHICLES.— 
(A) IN GENERAL.—The Secretary of De-
fense may carry out the development of charg-
ing or refueling stations for alternative fuel ve-
hicles on installations of the Department of De-
fense under the authorities, and using the fund-
ing methods, specified in subparagraph (B). 
(B) AUTHORITIES
SPECIFIED.—The au-
thorities and funding methods specified in this 
paragraph are the following: 
(i) Sections 2805 and 2912 of title 
10, United States Code. 
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(ii) The authority under section 
2913(d) of such title, to enter into agree-
ments with utilities for the purpose of pro-
viding or operating such charging or re-
fueling stations. 
(iii) The authority under section 2914 
of such title (known as the Energy Resil-
ience and Conservation Investment Pro-
gram). 
(iv) Energy savings performance con-
tracts. 
(v) Utility energy services contracts. 
(vi) Other funding mechanisms fi-
nanced by non-Department entities for the 
deployment of alternative fuel vehicles and 
related charging or refueling infrastruc-
ture. 
(2) 
RENEWABLE
ENERGY
UTILITIES
FOR 
POWER
MANAGEMENT
AT
INSTALLATIONS.—The 
Secretary of Defense, in carrying out the Energy 
Resilience and Conservation Investment Program, 
may enter into public-private partnerships with non-
governmental entities determined appropriate by the 
Secretary under such Program for the purpose of 
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developing renewable energy utilities for power man-
agement at installations of the Department. 
(b) REVIEW OF INVESTMENT BY DEPARTMENT IN 
ALTERNATIVELY FUELED VEHICLES.— 
(1) IN GENERAL.—The Secretary of Defense, 
acting through the Director of Cost Assessment and 
Program Evaluation, shall conduct a strategic review 
of the investment by the Department of Defense in 
alternative fuel vehicles. 
(2) ELEMENTS.—The review under paragraph 
(1) shall include the following: 
(A) An assessment of funding levels for in-
vestment by the Department in alternative fuel 
vehicles and associated trends for such invest-
ment across programs and Armed Forces. 
(B) An assessment of any duplication of 
efforts relating to such investment across pro-
grams and Armed Forces. 
(C) An assessment of the long-term avail-
ability to the Department of internal combus-
tion engines and spare parts for such engines. 
(D) An assessment of the relative tactical 
benefits and limitations of each type of vehicle 
propulsion (such as speed, acceleration, noise 
production, time to refuel or recharge, range, 
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and operational duration), across the various 
types of military missions. 
(E) An assessment of the relative tactical 
benefits and limitations of each type of vehicle 
propulsion with respect to the provision of sup-
port to other tactical systems requiring elec-
tricity. 
(F) An assessment of how the propulsion 
systems of electrical and other alternative fuel 
vehicles may be fueled on the battlefield and of 
what investments may be necessary to maintain 
such a fueling system. 
(G) A comparison of the relative risk to 
Department personnel and to the supply chain 
between different fuel types, to determine the 
tradeoffs associated with the adoption of any 
given fuel type. 
(H) A projected timeline of when a poten-
tial conversion to the use of alternative fuel ve-
hicles as tactical vehicles could reasonably occur 
without causing a significant effect on the read-
iness of the Armed Forces, as determined by 
the Secretary. 
(I) The projected costs of converting (or 
replacing) and sustaining alternative fuel vehi-
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cles as tactical vehicles, to include training, in 
total and for the two-year period following the 
date of the review. 
(J) An assessment of any national security 
implications relating to the use and effects on 
the supply chain of alternative fuel vehicles and 
the source materials of such vehicles. 
(K) Recommendations for further coordi-
nation of efforts of the Department and any 
legislative or organizational changes that may 
improve the coordination or alignment of invest-
ment 
by 
the 
Department 
in 
the 
operationalization of alternative energy sources. 
(L) Such other elements as the Secretary 
considers appropriate. 
(3) REPORT.—Not later than two years after 
the date of the enactment of this Act, the Secretary 
shall submit to the Committees on Armed Services 
of the House of Representatives and the Senate a 
report on the review under paragraph (1). 
(c) AUTHORIZATIONS OF APPROPRIATIONS.— 
(1) DEFENSE INNOVATION UNIT.—There is au-
thorized to be appropriated to the Department of 
Defense $8,000,000 for fiscal year 2023, for the 
purpose of carrying out activities under the energy 
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division of the Defense Innovation Unit to leverage 
advancements in energy and materials technology, 
enhance capabilities, and strengthen energy resil-
ience across military installation and distributed op-
erations, including with respect to alternative fuel 
vehicles and the fuel efficiency of vehicles. 
(2) SUSTAINABLE
TECHNOLOGY
EVALUATION 
AND DEMONSTRATION PROGRAM.—There is author-
ized to be appropriated to the Department of De-
fense $5,000,000 for fiscal year 2023, for the pur-
pose of carrying out activities under the Sustainable 
Technology Evaluation and Demonstration program 
of the Department for the evaluation and dem-
onstration of, and the transition to, sustainable tech-
nologies that reduce military installation and oper-
ational energy consumption. 
(3) STRATEGIC
ENVIRONMENTAL
RESEARCH 
AND DEVELOPMENT PROGRAM.—There is authorized 
to be appropriated to the Department of Defense 
$18,000,000 for fiscal year 2023, for the purpose of 
carrying out activities under the Installation Energy 
and Water program, or any successor program, of 
the Strategic Environmental Research and Develop-
ment program of the Department. 
(d) DEFINITIONS.—In this section: 
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(1) The term ‘‘alternative fuel vehicle’’ includes 
a vehicle that uses— 
(A) a fuel or power source described in the 
first sentence of section 241(2) of the Clean Air 
Act (42 U.S.C. 7581(2)); or 
(B) propane. 
(2) The term ‘‘energy savings performance con-
tract’’ has the meaning given that term in section 
804(3) of the National Energy Conservation Policy 
Act (42 U.S.C. 8287c(3)). 
SEC. 7. INDEPENDENT STUDY ON SCOPE 3 EMISSIONS RE-
SULTING FROM CERTAIN DEPARTMENT OF 
DEFENSE ACTIVITIES. 
(a) INDEPENDENT STUDY.—Not later than 30 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall seek to enter into a contract with a feder-
ally funded research and development center to conduct 
a study on the scope 3 emissions resulting from certain 
activities of the Department of Defense, including such ac-
tivities carried out under contracts or other agreements, 
in accordance with the guidance of the Environmental 
Protection Agency titled ‘‘Scope 3 Inventory Guidance’’ 
(relating to scope 3 emissions), or any successor guidance. 
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(b) ELEMENTS.—The study referred to in subsection 
(a) shall include a comprehensive review and assessment 
of the following: 
(1) Any contracts or other agreements relating 
to manufacturing that the Secretary of Defense has 
entered into. 
(2) The extent to which, in performing work 
under such contracts or other agreements, contrac-
tors and other partners track greenhouse gas emis-
sions. 
(3) The known greenhouse gas emissions that 
occur within the supply chain of the Department. 
(c) REPORT.— 
(1) SUBMISSION TO SECRETARY.—The terms of 
the contract under subsection (a) shall include a re-
quirement that the federally funded research and de-
velopment center that conducts the study under the 
contract to submit to the Secretary of Defense a re-
port on the results of the study, which shall include 
an identification of the following: 
(A) Considerations and recommendations 
for the reduction of greenhouse gas emissions of 
contractors and other partners performing work 
under contracts or other agreements with the 
Department. 
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(B) Any existing alternatives that produce 
lower greenhouse gas emissions while still align-
ing with the national security interests of the 
United States and the priorities set forth in the 
national defense strategy. 
(C) Any legislative recommendations to— 
(i) support and facilitate implementa-
tion of the national defense strategy with 
respect to climate- and environmental-re-
lated goals; or 
(ii) reduce greenhouse gas emissions 
through modernization of the supply chain 
of the Department. 
(2) SUBMISSION TO CONGRESS.—Upon receiv-
ing the report on the results of the study under 
paragraph (1), the Secretary of Defense shall submit 
to the congressional defense committees an unedited 
copy of such report, together with the written per-
spectives of the Secretary of Defense and the Chair-
man of the Joint Chiefs of Staff with respect to the 
results. 
(3) FORM.—The report submitted under para-
graph (2) shall be submitted in unclassified form, 
but may include a classified annex. 
(d) DEFINITIONS.—In this section: 
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(1) The term ‘‘national defense strategy’’ 
means the review of the defense programs and poli-
cies of the United States that is carried out every 
four years under section 113(g) of title 10, United 
States Code. 
(2) The term ‘‘scope 3 emissions’’ means emis-
sions that result from activities of a Federal depart-
ment or agency but are generated from sources that 
are neither owned nor controlled by the Federal de-
partment or agency. 
Æ 
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