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10 U.S.C. § 2688 — Utility systems: conveyance authority

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

10 U.S.C. § 2688 — Utility systems: conveyance authority

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Source file: Laws/federal/codes/united-states-code/title-10/section-2688-utility-systems-conveyance-authority--243377aadd.md
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Source location: Title 10, Chapter 159, § 2688; chapter-159-real-property-related-personal-property-and-lease-of-non-excess-property.md

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**(a) Conveyance Authority.—** The Secretary of a military department may convey a utility system, or part of a utility system, under the jurisdiction of the Secretary to a municipal, private, regional, district, or cooperative utility company or other entity. The conveyance may consist of all right, title, and interest of the United States in the utility system or such lesser estate as the Secretary considers appropriate to serve the interests of the United States. **(b) Selection of Conveyee.—** (1) If more than one utility or entity referred to in subsection (a) notifies the Secretary concerned of an interest in a conveyance under such subsection, the Secretary shall carry out the conveyance through the use of competitive procedures. (2) Notwithstanding paragraph (1), the Secretary concerned may use procedures other than competitive procedures, but only in accordance with subsections (a), (b), (d), and (e) of [section 3204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204&num=0&edition=prelim), to select the conveyee of a utility system (or part of a utility system) under subsection (a). (3) With respect to the solicitation process used in connection with the conveyance of a utility system (or part of a utility system) under subsection (a), the Secretary concerned shall ensure that the process is conducted in a manner consistent with the laws and regulations of the State in which the utility system is located to the extent necessary to ensure that all interested regulated and unregulated utility companies and other interested entities receive an opportunity to acquire and operate the utility system to be conveyed. **(c) Consideration.—** (1) The Secretary concerned may require as consideration for a conveyance under subsection (a) an amount equal to the fair market value (as determined by the Secretary) of the right, title, or interest of the United States conveyed. The consideration may take the form of— (A) a lump sum payment; or (B) a reduction in charges for utility services provided by the utility or entity concerned to the military installation at which the utility system is located. (2) If the utility services proposed to be provided as consideration under paragraph (1) are subject to regulation by a Federal or State agency, any reduction in the rate charged for the utility services shall be subject to establishment or approval by that agency. **(d) Contracts for Utility Services.—** (1) Except as provided in paragraph (2), a contract for the receipt of utility services as consideration under subsection (c), or any other contract for utility services entered into by the Secretary concerned in connection with the conveyance of a utility system under this section, may be for a period not to exceed 10 years. (2) The Secretary concerned may authorize a contract for utility services described in paragraph (1) or the renewal of such a contract to have a term in excess of 10 years, but not to exceed 50 years, if the Secretary concerned determines that a contract for a longer term will be cost effective. The determination of cost effectiveness shall be made using a business case analysis that includes an independent estimate of the level of investment that should be required to maintain adequate operation of the utility system over the proposed term of the contract or contract renewal. The business case analysis must also demonstrate how a privatized system will operate in a manner consistent with subsection (g)(3). A renewal of a contract pursuant to this paragraph may be entered into only within the last five years of the existing contract term. **(e) Treatment of Payments.—** (1) A lump sum payment received under subsection (c) shall be credited, at the election of the Secretary concerned— (A) to an appropriation of the military department concerned available for the procurement of the same utility services as are provided by the utility system conveyed under this section; (B) to an appropriation of the military department available for carrying out energy savings projects or water conservation projects; or (C) to an appropriation of the military department available for improvements to other utility systems. (2) Amounts so credited shall be merged with funds in the appropriation to which credited and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriation with which merged. **(f)** Repealed. Pub. L. 112–81, div. A, title X, § 1061(21)(C), Dec. 31, 2011, 125 Stat. 1584.] **(g) Additional Terms and Conditions.—** (1) The Secretary concerned may require such additional terms and conditions in connection with a conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. (2) The Secretary concerned shall require in any contract for the conveyance of a utility system (or part of a utility system) under subsection (a) that the conveyee manage and operate the utility system in a manner consistent with applicable Federal and State regulations pertaining to health, safety, fire, and environmental requirements. (3) The Secretary concerned shall require in any contract for the conveyance of a utility system (or part of a utility system) under subsection (a) that the conveyee manage and operate the utility system in a manner consistent with energy resilience and cybersecurity requirements and associated metrics provided to the conveyee to ensure that the reliability of the utility system meets mission requirements. (4) The Secretary of Defense, in consultation with the Secretaries of the military departments, shall include in the report submitted under section 2925(a) 11 See References in Text note below. of this title a description of progress in meeting energy resilience metrics for all conveyance contracts entered into pursuant to this section. **(h) Assistance for Construction, Repair, or Replacement of Utility Systems.—** In lieu of carrying out a military construction project to construct, repair, or replace a utility system, the Secretary concerned may use funds authorized and appropriated for the project to facilitate the conveyance of the utility system under this section by making a contribution toward the cost of construction, repair, or replacement of the utility system by the entity to which the utility system is being conveyed. **(i) Utility System Defined.—** (1) In this section, the term “utility system” means any of the following: (A) A system for the generation and supply of electric power. (B) A system for the treatment or supply of water. (C) A system for the collection or treatment of wastewater. (D) A system for the generation or supply of steam, hot water, and chilled water. (E) A system for the supply of natural gas. (F) A system for the transmission of telecommunications. (2) The term “utility system” includes the following: (A) Equipment, fixtures, structures, and other improvements utilized in connection with a system referred to in paragraph (1). (B) Real property, easements, and rights-of-way associated with a system referred to in that paragraph. **(j) Conveyance of Additional Utility Infrastructure After Conveyance of a Utility System.—** (1) Upon conveyance of a utility system, the Secretary of a military department may convey additional utility infrastructure under the jurisdiction of the Secretary on a military installation to a utility or entity to which a utility system for the installation has been conveyed under subsection (a) if the Secretary determines that— (A) the additional utility infrastructure cannot operate without being a part of the conveyed utility system or operation of the additional utility infrastructure by the utility or entity would be in the best interest of the Government; and (B) the military department receives as consideration an amount for the utility infrastructure determined in the same manner as the consideration the Secretary could require under subsection (c) for a conveyance under subsection (a). (2) The conveyance under this paragraph may consist of all right, title, and interest of the United States or such lesser estate as the Secretary considers appropriate to serve the interests of the United States. **(k) Improvement of Conveyed Utility System.—** (1) In lieu of carrying out a military construction project for an infrastructure improvement that enhances the reliability, resilience, efficiency, physical security, or cybersecurity of a utility system conveyed under subsection (a), the Secretary concerned may use funds authorized and appropriated for the project to make a monetary contribution equal to the total amount for the completed project to the conveyee of the utility system to carry out the project using a contract for utility services entered into under subsection (d). (2) All right, title, and interest to infrastructure improvements constructed by the conveyee pursuant to paragraph (1) shall vest in the conveyee. (3) The Secretary concerned shall provide to the conveyee the necessary real property interests to access and use lands under the jurisdiction and control of the Secretary for construction of the project under paragraph (1) and for ongoing use, operations, and maintenance. (4) If the Secretary concerned exercises a repurchase option under a contract entered into under subsection (d) for a system conveyed under subsection (a), the Secretary shall receive an offset in the amount of the contribution to the conveyee under paragraph (1) against the payment made by the Secretary as consideration for the repurchase, except that the maximum offset may not exceed the full amount of the consideration for the repurchase. (5) The Secretary concerned may make a monetary contribution authorized by paragraph (1) notwithstanding the following provisions of law: (A) Sections 7540, 8612, and 9540 of this title. (B) Subchapters I and III of chapter 169 of this title. (C) Chapters 221 and 223 of this title. **(l) Limitation.—** This section shall not apply to projects constructed or operated by the Army Corps of Engineers under its civil works authorities.

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

10 U.S.C. § 3204 — Use of procedures other than competitive procedures

**(a) When Procedures Other Than Competitive Procedures May Be Used.—** The head of an agency may use procedures other than competitive procedures only when— (1) the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency; (2) the agency’s need for the property or services is of such an unusual and compelling urgency that the United States would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals; (3) it is necessary to award the contract to a particular source or sources in order— (A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization; (B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center; or (C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before any court, administrative tribunal, or agency, or to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify; (4) the terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the ag

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3204

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

10 U.S.C. § 2925 — Annual report on energy performance, resilience, and readiness of Department of Defense

**(a) Report Required.—** Not later than 240 days after the end of each fiscal year, the Secretary of Defense shall submit to the congressional defense committees a report detailing the fulfillment during that fiscal year of the authorities and requirements under sections 2688, 2911, 2912, 2920, and 2926 of this title, including progress on energy resilience at military installations and the use of operational energy in combat platforms and at contingency locations. **(b) Elements.—** Each report under subsection (a) shall include the following: (1) For the year covered by the report, the following: (A) A description of the progress made to achieve the goals of the Energy Policy Act of 2005 (Public Law 109–58), [section 2911(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2911/g&num=0&edition=prelim), and the Energy Independence and Security Act of 2007 (Public Law 110–140). (B) A description of the energy savings, return on investment, and enhancements to installation mission assurance realized by the fulfillment of the goals described in subparagraph (A). (C) A description of and progress toward the energy security, resilience, and performance goals and master planning for the Department of Defense, including associated metrics pursuant to subsections (c) and (d) of [section 2911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2911&num=0&edition=prelim) and requirements under [section 2688(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2688/g&num=0&edition=prelim). (D) An evaluation of progress made by the Department in implementing the operational energy strategy of the Department, including the progress of key initiati

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

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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

10 U.S.C. § 2915 — Facilities: use of renewable forms of energy and energy efficient products

**(a) Use of Renewable Forms of Energy Encouraged.—** The Secretary of Defense shall encourage the use of energy systems using solar energy or other renewable forms of energy as a source of energy for military construction projects (including military family housing projects) and facility repairs and renovations where use of such form of energy is consistent with the energy performance goals and energy performance master plan for the Department of Defense developed under [section 2911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2911&num=0&edition=prelim) and supported by the special considerations specified in subsection (e) of such section. **(b) Consideration During Design Phase of Projects.—** (1) The Secretary concerned shall require that the design for the construction, repair, or renovation of facilities (including family housing and back-up power generation facilities) requires consideration of energy systems using solar energy or other renewable forms of energy when use of a renewable form of energy— (A) is consistent with the energy performance goals and energy performance master plan for the Department of Defense developed under [section 2911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2911&num=0&edition=prelim); and (B) supported by the special considerations specified in subsection (e) of such section. (2) The Secretary concerned shall require that contracts for construction resulting from such design include a requirement that energy systems using solar energy or other renewable forms of energy be installed if such systems can be shown to be cost effective. **(c) Determination of Cost Effectiveness.—** (1) For the purposes of this section, an energy syst

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2915

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

10 U.S.C. § 2461 — Public-private competition required before conversion to contractor performance

**(a) Public-Private Competition.—** (1) No function of the Department of Defense performed by Department of Defense civilian employees may be converted, in whole or in part, to performance by a contractor unless the conversion is based on the results of a public-private competition that— (A) formally compares the cost of performance of the function by Department of Defense civilian employees with the cost of performance by a contractor; (B) creates an agency tender, including a most efficient organization plan, in accordance with Office of Management and Budget Circular A–76, as implemented on May 29, 2003, or any successor circular; (C) includes the issuance of a solicitation; (D) determines whether the submitted offers meet the needs of the Department of Defense with respect to factors other than cost, including quality, reliability, and timeliness; (E) examines the cost of performance of the function by Department of Defense civilian employees and the cost of performance of the function by one or more contractors to demonstrate whether converting to performance by a contractor will result in savings to the Government over the life of the contract, including— (i) the estimated cost to the Government (based on offers received) for performance of the function by a contractor; (ii) the estimated cost to the Government for performance of the function by Department of Defense civilian employees; and (iii) an estimate of all other costs and expenditures that the Government would incur because of the award of such a contract; (F) requires continued performance of the function by Department of Defense civilian employees unless the difference in the cost of performance of the function by a contractor compared to the cost of performance of the

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2461

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

10 U.S.C. § 2687 — Base closures and realignments

**(a)** Notwithstanding any other provision of law, no action may be taken to effect or implement— (1) the closure, including a mothball action, divestiture, deactivation, or any other action to render inoperable, of any military installation at which at least 300 civilian personnel are authorized to be employed; (2) any realignment with respect to any military installation referred to in paragraph (1) involving a reduction by more than 1,000, or by more than 50 percent, in the number of civilian personnel authorized to be employed at such military installation at the time the Secretary of Defense or the Secretary of the military department concerned notifies the Congress under subsection (b) of the Secretary’s plan to close or realign such installation; or (3) any construction, conversion, or rehabilitation at any military facility other than a military installation referred to in clause (1) or (2) which will or may be required as a result of the relocation of civilian personnel to such facility by reason of any closure or realignment to which clause (1) or (2) applies, unless and until the provisions of subsection (b) are complied with. **(b)** No action described in subsection (a) with respect to the closure of, or a realignment with respect to, any military installation referred to in such subsection may be taken unless and until— (1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, as part of an annual request for authorization of appropriations to such Committees, of the proposed closing or realignment and submits with the notification— (A) an evaluation of the fiscal, local economic, budgetary, environme

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2687

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

10 U.S.C. § 2801 — Scope of chapter; definitions

**(a)** The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)). **(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law). **(c)** In this chapter and chapter 173 of this title: (1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term “facility” means a building, structure, or other improvement to real property. (3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure. (4) The term “mil

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2801

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

10 U.S.C. § 2920 — Energy resilience and energy security measures on military installations

**(a) Energy Resilience Measures.—** (1) The Secretary of Defense shall, by the end of fiscal year 2030, provide that 100 percent of the energy load required to maintain the critical missions of each installation have a minimum level of availability of 99.9 percent per fiscal year. (2) The Secretary of Defense shall issue standards establishing levels of availability relative to specific critical missions, with such standards providing a range of not less than 99.9 percent availability per fiscal year and not more than 99.9999 percent availability per fiscal year, depending on the criticality of the mission. (3) The Secretary may establish interim goals to take effect prior to fiscal year 2025 to ensure the requirements under this subsection are met. (4) The Secretary of each military department and the head of each Defense Agency shall ensure that their organizations meet the requirements of this subsection. (5) The Secretary shall establish internal processes to support coordination with external regulatory and planning entities involved in grid reliability, transmission infrastructure, and long-term energy planning, in order to assess and mitigate risks to defense-critical installations, advance the energy security objectives of the Department, and comply with statutory mandates under this section. (6) Coordination under paragraph (5)— (A) shall include identification of mission-critical loads and infrastructure dependencies and load profiles at or near military installations; and (B) may include consultation with relevant Federal and non-Federal entities. **(b) Planning.—** (1) The Secretary of Defense shall require the Secretary of each military department and the head of each Defense Agency to plan for the provision of energy resilience and energy se

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2920

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

10 U.S.C. § 2688 — Utility systems: conveyance authority

Page 2135 TITLE 10—ARMED FORCES § 2688 section 1081(d)(15) is effective as of Dec. 23, 2016, and as if included in Pub. L. 114–328 as enacted. EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–92, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b)(7) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted. EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–291, div. B, title XXVIII, § 2803(d), Dec. 19, 2014, 128 Stat. 3697, which provided the effective date for the amendments made by section 2803 of Pub. L. 113–291, was repealed by Pub. L. 114–328, div. B, title XXVIII, § 2811(c), Dec. 23, 2016, 130 Stat. 2716. REPEAL OF 2014 AMENDMENT Pub. L. 114–328, div. B, title XXVIII, § 2811(c), Dec. 23, 2016, 130 Stat. 2716, as amended by Pub. L. 115–91, div. A, title X, § 1081(d)(15), Dec. 12, 2017, 131 Stat. 1600, pro- vided that: ‘‘Section 2803 of the Carl Levin and Howard ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3696) [amending this section and section 2802 of this title and enacting provisions set out as a note under this sec- tion] is repealed.’’ TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. PROHIBITION RELATING TO CLOSURE OR RETURN TO HOST NATION OF EXISTING MILITARY INSTALLATIONS, INFRASTRUCTURE, OR REAL PROPERTY IN EUROPE Pub. L. 116–283, div. B, title XXVIII, § 2828, Jan. 1, 2021, 134 Stat. 4338, provided that: ‘‘(a) PROHIBITION ON CLOSURE OR RETURN.—Except as provided by subsection (b), the Secretar

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2688

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