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10 U.S.C. § 2914 — Military construction projects for energy resilience, energy security, and energy conservation

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2914 — Military construction projects for energy resilience, energy security, and energy conservation

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Source file: Laws/federal/codes/united-states-code/title-10/section-2914-military-construction-projects-for-energy-resilience-energy-security-and--1f8a291701.md
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Source location: Title 10, Chapter 173, § 2914; chapter-173-energy-security.md

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**(a) Project Authorization Required.—** The Secretary of Defense may carry out such military construction projects for energy resilience, energy security, and energy conservation as are authorized by law, using funds appropriated or otherwise made available for that purpose. **(b) Submission of Project Proposals.—** (1) As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by subsection (a), the Secretary of Defense shall include the following information: (A) The project title. (B) The location of the project. (C) A brief description of the scope of work. (D) The original project cost estimate and the current working cost estimate, if different. (E) Such other information as the Secretary considers appropriate. (2) In the case of a military construction project for energy conservation, the Secretary also shall include the following information: (A) The original expected savings-to-investment ratio and simple payback estimates and measurement and verification cost estimate. (B) The most current expected savings-to-investment ratio and simple payback estimates and measurement and verification plan and costs. (C) A brief description of the measurement and verification plan and planned funding source. (3) In the case of a military construction project for energy resilience or energy security, the Secretary also shall include the rationale for how the project would enhance mission assurance, support mission critical functions, and address known vulnerabilities. **(c) Alternative Funding Source.—** (1) In addition to the authority under [section 2805(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805/c&num=0&edition=prelim), in carrying out a military construction project for energy resilience, energy security, or energy conservation under this section, the Secretary concerned may use amounts available for operation and maintenance for the military department concerned if the Secretary concerned submits to the congressional defense committees a notification of the decision to carry out the project using such amounts and includes in the notification— (A) the current estimate of the cost of the project; (B) the source of funds for the project; and (C) a certification that deferring the project pending the availability of funds appropriated for or otherwise made available for military construction would be inconsistent with the timely assurance of energy resilience, energy security, or energy conservation for one or more critical national security functions. (2) A project carried out under this section using amounts under paragraph (1) may be carried out only after the end of the seven-day period beginning on the date on which a copy of the notification described in paragraph (1) is provided in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim). (3) The maximum aggregate amount that the Secretary concerned may obligate from amounts available to the military department concerned for operation and maintenance in any fiscal year for projects under the authority of this subsection is $100,000,000. **(d) Relation to Certain Other Authorities.—** A project under this section may include— (1) activities related to a utility system authorized under subsections (h), (j), and (k) of section 2688 or [section 2913 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2913&num=0&edition=prelim), notwithstanding that the United States does not own the utility system covered by the project; and (2) energy-related activities included as a separate requirement in an energy savings performance contract (as defined in section 804(3) of the National Energy Conservation Policy Act ([42 U.S.C. 8287c(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8287c/3&num=0&edition=prelim))). **(e) Incorporation of Cybersecurity Supply Chain Risk Management Tools and Methods.—** (1) The Secretary of Defense shall incorporate into covered projects cybersecurity supply chain risk management tools and solutions to provide continuous analysis, monitoring, and mitigation of cyber vulnerabilities. (2) In carrying out the requirements of paragraph (1), the Secretary of Defense shall consider, to the maximum extent practicable, the following: (A) The adoption of commercially available cybersecurity supply chain risk management tools and solutions. (B) The inclusion of existing databases on cyber vulnerabilities when selecting such tools and solutions. (C) The need for such tools and methods to provide continuous analysis, monitoring, and mitigation of cyber vulnerabilities in covered projects. (D) Beginning with fiscal year 2026, documentation for any new requirements for cybersecurity supply chain risk management in annual guidance for covered projects that is submitted along with the annual budget request of the President submitted pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim). (3) In this subsection, the term “covered project” means a project connected to a Department of Defense Information Network for which funds are made available under this section. **(f) Application to Military Construction Projects.—** This section shall apply to military construction projects covered by subsection (a) for which a Department of Defense Form 1391 is submitted to the appropriate committees of Congress in connection with the budget of the Department of Defense for fiscal year 2023 and thereafter.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 480 — Reports to Congress: submission in electronic form

**(a) Requirement.—** Whenever the Secretary of Defense or any other official of the Department of Defense submits to Congress (or any committee of either House of Congress) a report that the Secretary (or other official) is required by law to submit, the Secretary (or other official) shall provide to Congress (or such committee) a copy of the report in an electronic medium. **(b) Exception.—** Subsection (a) does not apply to a report submitted in classified form. **(c) Definition.—** In this section, the term “report” includes any certification, notification, or other communication in writing.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2913 — Energy savings contracts and activities

**(a) Shared Energy Savings Contracts.—** (1) The Secretary of Defense shall develop a simplified method of contracting for shared energy savings contract services that will accelerate the use of these contracts with respect to military installations and will reduce the administrative effort and cost on the part of the Department of Defense as well as the private sector. (2) In carrying out paragraph (1), the Secretary of Defense may— (A) request statements of qualifications (as prescribed by the Secretary of Defense), including financial and performance information, from firms engaged in providing shared energy savings contracting; (B) designate from the statements received, with an update at least annually, those firms that are presumptively qualified to provide shared energy savings services; (C) select at least three firms from the qualifying list to conduct discussions concerning a particular proposed project, including requesting a technical and price proposal from such selected firms for such project; and (D) select from such firms the most qualified firm to provide shared energy savings services pursuant to a contractual arrangement that the Secretary determines is fair and reasonable, taking into account the estimated value of the services to be rendered and the scope and nature of the project. (3) In carrying out paragraph (1), the Secretary may also provide for the direct negotiation, by departments, agencies, and instrumentalities of the Department of Defense, of contracts with shared energy savings contractors that have been selected competitively and approved by any gas or electric utility serving the department, agency, or instrumentality concerned. **(b) Participation in Gas or Electric Utility Programs.—** The Secretary of Defense shall

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2913

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1105 — Budget contents and submission to Congress

**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following: (1) information on activities and functions of the Government. (2) when practicable, information on costs and achievements of Government programs. (3) other desirable classifications of information. (4) a reconciliation of the summary information on expenditures with proposed appropriations. (5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year. (6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under— (A) laws in effect when the budget is submitted; and (B) proposals in the budget to increase revenues. (7) appropriations, expenditures, and receipts of the Government in the prior fiscal year. (8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year. (9) balanced statements of the— (A) condition of the Treasury at the end of the prior fiscal year; (B) estimated condition of the Treasury at the end of the current fiscal year; and (C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted. (10) essential information about the debt of the Government.

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2815a — Stormwater management, shoreline erosion control, and water resilience projects for installations and defense access roads

**(a) Projects Authorized.—** The Secretary concerned may carry out one or more of the following projects on or related to a military installation: (1) A stormwater management project for the purposes of— (A) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and (B) protecting nearby waterways and stormwater-stressed ecosystems. (2) A shoreline erosion control project for the purpose of improving, protecting, or repairing shoreline to protect the infrastructure of a military installation or a defense access road. (3) A project to provide water storage and filtration, flood mitigation, or otherwise support water resilience. **(b) Project Methods and Funding Sources.—** Using such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may carry out a project under this section as, or as part of, any of the following: (1) An authorized military construction project. (2) An unspecified minor military construction project under [section 2805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805&num=0&edition=prelim), including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section. (3) A military installation resilience project under [section 2815 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2815&num=0&edition=prelim), including the use of appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section. (4) A defense community infrastructure resilience project under [section 2391(d) of this title](https://uscode.h

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2815a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2911 — Energy policy of the Department of Defense

**(a) General Energy Policy.—** The Secretary of Defense shall ensure the readiness of the armed forces for their military missions by pursuing energy security and energy resilience. **(b) Authorities.—** In order to achieve the policy set forth in subsection (a), the Secretary of Defense may— (1) establish metrics and standards for the assessment of energy resilience; (2) require the Secretary of a military department to perform mission assurance and readiness assessments of energy power systems for mission critical assets and supporting infrastructure, applying uniform mission standards established by the Secretary of Defense; (3) require the Secretary of a military department to establish and maintain an energy resilience master plan for an installation; (4) authorize the use of energy security and energy resilience, including the benefits of on-site generation resources that reduce or avoid the cost of backup power, as factors in the cost-benefit analysis for procurement of energy; and (5) in selecting facility energy projects that will use renewable energy sources, pursue energy security and energy resilience by giving favorable consideration to projects that provide power directly to a military facility or into the installation electrical distribution network. **(c) Energy Performance Goals.—** (1) The Secretary of Defense shall submit to the congressional defense committees the energy performance goals for the Department of Defense regarding transportation systems, support systems, utilities, and infrastructure and facilities. (2) The energy performance goals shall be submitted annually not later than the date on which the President submits to Congress the budget for the next fiscal year under [section 1105 of title 31](https://uscode.house.gov/view.xhtm

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2911

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2914 — Military construction projects for energy

Page 2345 TITLE 10—ARMED FORCES § 2914 decision is made to award an energy savings perform- ance contract that contains a clause setting forth a cancellation ceiling in excess of $7,000,000, the Sec- retary of Defense shall submit to the appropriate com- mittees of Congress written notification of the pro- posed contract and of the proposed cancellation ceiling for the contract. The notification shall include the jus- tification for the proposed cancellation ceiling. The contract may then be awarded only after the end of the 30-day period beginning on the date the notification is received by such committees or, if earlier, the end of the 15-day period beginning on the date on which a copy of the notification is provided in an electronic me- dium pursuant to section 480 of this title.’’ 2006—Subsec. (e). Pub. L. 109–364, § 2853, added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 2914. Military construction projects for energy resilience, energy security, and energy con- servation (a) PROJECT AUTHORIZATION REQUIRED.—The Secretary of Defense may carry out such mili- tary construction projects for energy resilience, energy security, and energy conservation as are authorized by law, using funds appropriated or otherwise made available for that purpose. (b) SUBMISSION OF PROJECT PROPOSALS.—(1) As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by subsection (a), the Secretary of De- fense shall include the following in

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2914

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8287c — Definitions

For purposes of this subchapter, the following definitions apply: (1) The term “Federal agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency. (2) The term “energy savings” means— (A) a reduction in the cost of energy, water, or wastewater treatment, from a base cost established through a methodology set forth in the contract, used in an existing Federal building (as defined in [section 8259 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim)) as a result of— (i) the lease or purchase of operating equipment, improvements, altered operation and maintenance, or technical services; (ii) the increased efficient use of existing energy sources by cogeneration or heat recovery, excluding any cogeneration process for other than a Federal building (as defined in [section 8259 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim)); or (iii) the increased efficient use of existing water sources in either interior or exterior applications; (B) the increased efficient use of an existing energy source by cogeneration or heat recovery; (C) if otherwise authorized by Federal or State law (including regulations), the sale or transfer of electrical or thermal energy generated on-site from renewable energy sources or cogeneration, but in excess of Federal needs, to utilities or non-Federal energy users; (D) the increased efficient use of existing water sources in interior or exterior applications; (E) the use, sale, or transfer of any energy and water incentive, rebate, grid services revenue, or credit (including a renewable energy certificate); and

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8287c

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8287c — Definitions

Page 7581 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8287c 1 See References in Text note below. National Energy Conservation Policy Act (42 U.S.C. 8287) after October 1, 2003, and before the date of enact- ment of this Act [Oct. 28, 2004], shall be deemed to have been entered into pursuant to such section 801 as amended by subsection (a) of this section.’’ ENERGY EFFICIENCY INCENTIVE Pub. L. 100–456, div. A, title VII, § 736, Sept. 29, 1988, 102 Stat. 2006, as amended by Pub. L. 101–189, div. A, title III, § 331, Nov. 29, 1989, 103 Stat. 1417, provided that: ‘‘(a) ENERGY CONSERVATION INCENTIVE.—In order to provide additional incentive for the Secretary of a mili- tary department to enter into contracts under title VIII of the National Energy Conservation Policy Act (42 U.S.C. 8287 et seq.), the Secretary may use the en- ergy cost savings realized by the United States during the first five years under any such contract in the man- ner provided in subsection (b). The amount of savings available for use under subsection (b) shall be deter- mined as provided in subsection (c) and shall remain available for obligation until expended. ‘‘(b) AUTHORIZED USES OF SAVINGS.—The energy cost savings realized by the United States in each of the first five years under a contract may be used as follows: ‘‘(1) One-half of the amount of such savings may be used for the acquisition of energy conserving meas- ures for military installations, and such measures may be in addition to any such energy conserving measures acquired for military installations under contracts entered into under title VIII of the Na- tional Energy Conservation Policy Act. ‘‘(2) One-half of the amount of such savings may be used for any morale, welfare, or recreation facility or service that is

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 8287c

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