S.Amdt. 4315

SA 4315. Mr. SCHATZ submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title III, add the following:

SEC. 318. REVISION OF ENERGY PROCUREMENT POLICIES OF
DEPARTMENT OF DEFENSE TO PROCURE RESILIENT AND
CLEAN ENERGY.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall--
(1) revise the procurement policies of the Department of
Defense that are not otherwise required by law to ensure that
the military departments and Defense Agencies may only enter
into a contract with a public utility service provider that
has an option for the procurement of resilient electricity
and clean electricity to power the installations and
facilities of the military department or Defense Agency
concerned; and
(2) establish a procurement plan to reasonably and
expeditiously transition all existing contracts of the
military departments and Defense Agencies with public utility
service providers to new contracts that meet the procurement
policies described in paragraph (1).
(b) Military Departments and Defense Agencies.--Consistent
with the policies required to be revised under subsection
(a)(1), the Secretary of each military department and the
head of each Defense Agency shall revise the procurement
policies, practices, training, and procedures for the
military department or Defense Agency concerned that are not
otherwise required by law to ensure that procurement
officials of the military department or Defense Agency
concerned may only acquire commercial energy services that
have an option for the procurement of resilient electricity
and clean electricity to power the installations and
facilities of the military department or Defense Agency
concerned.
(c) Limitation on the Use of Renewable Energy Credits and
Carbon Offsets.--
(1) Renewable energy credits.--To the extent practicable,
in carrying out subsections (a) and (b), the Secretary of
each military department and the head of each Defense Agency
shall avoid acquiring commercial energy services from a
public utility provider that offers renewable energy credits
that were sold separately from the renewable energy with
which they are associated to satisfy the requirements of
having a resilient electricity and clean electricity option.
(2) Carbon offsets.--In meeting the procurement
requirements under subsection (a)(1), the Secretary of
Defense shall ensure that each military department and
Defense Agency does not use carbon offsets.
(d) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary
of Defense shall submit to the congressional defense
committees a report--
(1) providing a progress report on the transition of
existing public utility services contracts of the Department
to meet the procurement policies required under subsection
(a)(1);
(2) describing the procurement plan required under
subsection (a)(2); and
(3) identifying any challenges to carrying out such
procurement plan.
(e) Rule of Construction.--Nothing in this section shall be
construed to require the Department of Defense to invest in
capital projects for the purposes of generating electricity
to power the installations and facilities of the military
departments and Defense Agencies, including military
installation resilience projects under section 2815 of title
10, United States Code, energy resilience and conservation
construction projects under section 2914 of such title, or
financing of third-party capital construction of energy
projects under any other provision of law.
(f) Definitions.--In this section:
(1) Clean electricity.--The term ``clean electricity''
means electricity generated from sources that result in
access to electricity without the production of carbon
emissions, including--
(A) renewable and nuclear energy; and
(B) traditional generation with carbon capture and storage.
(2) Military installation.--The term ``military
installation'' means an installation of the Department of
Defense under the jurisdiction of the Secretary of a military
department that is located in a State, territory, or other
possession of the United States.
(3) Resilient electricity.--The term ``resilient
electricity'' means uninterrupted and

[[Page S7864]]

assured access to electricity to meet critical mission
availability.
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