10 U.S.C. § 2922a — Contracts for energy or fuel for military

Page 2355 TITLE 10—ARMED FORCES § 2922a liquid fuels for periods of not more than five years, with options to renew for additional periods of not more than five years each, but not for more than a total of 20 years. ‘‘(b) This section applies only to facilities that con- form to standards prescribed by the Secretary of De- fense for protection, including dispersal, and that are in a program approved by the Secretary of Defense for the protection of petroleum facilities.’’ Subsec. (c). Pub. L. 103–160, § 825(a)(2), inserted head- ing. 1990—Subsec. (d). Pub. L. 101–510 struck out subsec. (d) which read as follows: ‘‘The Secretary concerned shall report to the Committees on Armed Services of the Senate and the House of Representatives the terms of the contracts made under this section and the names of the contractors. The reports shall be made at such times and in such form as may be agreed upon by the Secretary and those Committees.’’ 1984—Subsec. (c). Pub. L. 98–525 substituted ‘‘sub- sections (a) and (b) of section 3324’’ for ‘‘section 3324(a) and (b)’’. 1982—Subsec. (c). Pub. L. 97–295, § 1(27), substituted ‘‘section 3324(a) and (b) of title 31’’ for ‘‘section 3648 of the Revised Statutes (31 U.S.C. 529)’’, clarifying the am- biguity created by previous amendments by Pub. L. 97–214 and Pub. L. 97–258. Pub. L. 97–258, § 3(b)(6), directed the substitution of ‘‘section 3324(a) and (b) of title 31’’ for ‘‘section 529 of title 31’’, which could not be executed in view of prior substitution of language by Pub. L. 97–214. Pub. L. 97–214, § 10(a)(3), substituted ‘‘section 3648 of the Revised Statutes (31 U.S.C. 529)’’ for ‘‘section 4774(d) or 9774(d) of this title, section 529 of title 31, or section 259 or 267 of title 40,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–91, div. A, title VIII, § 881(b), Dec. 12, 2017, 131 Stat. 1504, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to contracts entered into on or after the date of the enactment of this Act [Dec. 12, 2017], and may be applied to a contract entered into before that date if the total contract period under the contract (including options) has not expired as of the date of any extension of such contract period by reason of such amendment.’’ EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family hous- ing authorized before, on, or after such date, see sec- tion 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title. IMPLEMENTATION OF INSPECTOR GENERAL RECOMMENDA- TIONS RELATING TO OVERSIGHT OF DEFENSE FUEL SUPPORT POINTS Pub. L. 118–159, div. A, title III, § 320, Dec. 23, 2024, 138 Stat. 1853, provided that: ‘‘With respect to each rec- ommendation of the Inspector General of the Depart- ment of Defense contained in the report published by the Inspector General on April 11, 2024, and titled ‘Audit of the Defense Logistics Agency Oversight of De- fense Fuel Support Points’ (DODIG–2024–075), by not later than May 1, 2026, the Secretary of Defense shall— ‘‘(1) implement such recommendation; or ‘‘(2) submit to the Committees on Armed Services of the Senate and the House of Representatives a re- port containing an explanation of why the Secretary has not implemented the recommendation.’’ BULK FUEL MANAGEMENT IN UNITED STATES INDO- PACIFIC COMMAND AREA OF RESPONSIBILITY Pub. L. 116–283, div. B, title XXVIII, § 2854, Jan. 1, 2021, 134 Stat. 4355, as amended by Pub. L. 117–81, div. A, title III, § 352(d), Dec. 27, 2021, 135 Stat. 1655, provided that: ‘‘(a) BULK FUEL MANAGEMENT STRATEGY.— ‘‘(1) STRATEGY REQUIRED.—The Secretary of Defense shall prepare a bulk fuel management strategy for the United States Indo-Pacific Command Area of Re- sponsibility designed to develop the required bulk fuel management infrastructure and programs to op- timally support bulk fuel management in the United States Indo-Pacific Command Area of Responsibility. ‘‘(2) ADDITIONAL ELEMENTS.—The strategy shall in- clude the following additional elements: ‘‘(A) A description of current organizational re- sponsibility of bulk fuel management in the United States Indo-Pacific Command Area of Responsi- bility from ordering, storage, strategic transpor- tation, and tactical transportation to the last tac- tical mile. ‘‘(B) A description of legacy bulk fuel manage- ment assets that can be used to support the United States Indo-Pacific Command. ‘‘(C) A description of current programs for plat- forms and weapon systems and research and devel- opment aimed at managing fuel constraints through decreasing demand. ‘‘(b) COORDINATION.—The bulk fuel management strategy required by subsection (a) shall be prepared in coordination with subject-matter experts of the United States Indo-Pacific Command, the United States Transportation Command, the Defense Logistics Agen- cy, and the military departments.’’ NOTICE OF PURCHASE OF DROP-IN FUEL Pub. L. 113–291, div. A, title III, § 316(c), (d), Dec. 19, 2014, 128 Stat. 3339, 3340, provided that: ‘‘(c) NOTICE OF PURCHASE REQUIRED.—If the Secretary of Defense intends to purchase a drop-in fuel intended for operational use with a fully burdened cost in excess of 10 percent more than the fully burdened cost of a traditional fuel available for the same purpose, the Secretary shall provide notice of such intended pur- chase to the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives] by not later than 30 days before the date on which such purchase is intended to be made. ‘‘(d) DEFINITIONS.—In this section [this note]: ‘‘(1) The term ‘drop-in fuel’ means a neat or blended liquid hydrocarbon fuel designed as a direct replace- ment for a traditional fuel with comparable perform- ance characteristics and compatible with existing in- frastructure and equipment. ‘‘(2) The term ‘traditional fuel’ means a liquid hy- drocarbon fuel derived or refined from petroleum. ‘‘(3) The term ‘operational purposes’ means for the purposes of conducting military operations, including training, exercises, large scale demonstrations, and moving and sustaining military forces and military platforms. The term does not include research, devel- opment, testing, evaluation, fuel certification, or other demonstrations. ‘‘(4) The term ‘fully burdened cost’ means the com- modity price of the fuel plus the total cost of all per- sonnel and assets required to move and, when nec- essary, protect the fuel from the point at which the fuel is received from the commercial supplier to the point of use.’’ PURCHASES OF GASOHOL AS FUEL FOR MOTOR VEHICLES Pub. L. 96–107, title VIII, § 815, Nov. 9, 1979, 93 Stat. 817, which had authorized the Secretary of Defense to buy domestically produced alcohol and gasohol for use as fuel in Department of Defense motor vehicles, was repealed and reenacted as section 2398 (now 2922c) of this title by Pub. L. 97–295, §§ 1(29)(A), 6(b), Oct. 12, 1982, 96 Stat. 1293, 1315. § 2922a. Contracts for energy or fuel for military installations (a) Subject to subsection (b), the Secretary of a military department may enter into contracts for periods of up to 30 years— Page 2356 TITLE 10—ARMED FORCES § 2922b (1) under section 2917 of this title; and (2) for the provision and operation of energy production facilities on real property under the Secretary’s jurisdiction or on private property and the purchase of energy produced from such facilities. (b) A contract may be made under subsection (a) only after the approval of the proposed con- tract by the Secretary of Defense. (c) The costs of contracts under this section for any year may be paid from annual appropria- tions for that year. (d) The Secretary concerned shall ensure en- ergy security and energy resilience are included as critical factors in the provision and operation of energy production facilities under this sec- tion. (Added Pub. L. 97–214, § 6(a)(1), July 12, 1982, 96 Stat. 171, § 2394; amended Pub. L. 97–321, title VIII, § 805(b)(3), Oct. 15, 1982, 96 Stat. 1573; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101–510, div. A, title XIII, § 1301(12), Nov. 5, 1990, 104 Stat. 1668; renumbered § 2922a and amended Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), (3)(C), Oct. 17, 2006, 120 Stat. 2494; Pub. L. 115–91, div. B, title XXVIII, § 2833, Dec. 12, 2017, 131 Stat. 1858; Pub. L. 115–232, div. A, title III, § 312(d), Aug. 13, 2018, 132 Stat. 1710; Pub. L. 116–92, div. A, title III, § 320(a)(2)(A), Dec. 20, 2019, 133 Stat. 1306.) Editorial Notes AMENDMENTS 2019—Subsec. (d). Pub. L. 116–92 substituted ‘‘energy resilience are included as critical factors’’ for ‘‘resil- ience are prioritized and included’’. 2018—Subsec. (d). Pub. L. 115–232 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘The Secretary concerned shall prioritize energy security and resilience.’’ 2017—Subsec. (d). Pub. L. 115–91 added subsec. (d). 2006—Pub. L. 109–364, § 2851(b)(2), renumbered section 2394 of this title as this section. Subsec. (a)(1). Pub. L. 109–364, § 2851(b)(3)(C), sub- stituted ‘‘section 2917’’ for ‘‘section 2689’’. 1990—Subsec. (b). Pub. L. 101–510 substituted ‘‘only after the approval of the proposed contract by the Sec- retary of Defense’’ for ‘‘only— ‘‘(1) after the approval of the proposed contract by the Secretary of Defense; and ‘‘(2) after the Committees on Armed Services and on Appropriations of the Senate and House of Rep- resentatives have been notified of the terms of the proposed contract, including the dollar amount of the contract and the amount of energy or fuel to be deliv- ered to the Government under the contract’’. 1987—Subsec. (c). Pub. L. 100–26, which directed that ‘‘The term’’ be inserted in each paragraph after the paragraph designation and the first word after the first quotation marks in each paragraph be revised so that the initial letter of such word is lowercase, could not be executed because subsec. (c) contained no paragraphs and no quoted words. The probable intent of Congress was to amend section 2393(c) of this title. 1982—Subsec. (a). Pub. L. 97–321, § 805(b)(3)(A), sub- stituted ‘‘subsection (b)’’ for ‘‘subsection (c)’’. Subsecs. (c), (d). Pub. L. 97–321, § 805(b)(3)(B), redesig- nated subsec. (d) as (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1982, and applicable to mili- tary construction projects, and to construction and ac- quisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title. § 2922b. Procurement of energy systems using re- newable forms of energy (a) In procuring energy systems the Secretary of a military department shall procure systems that use solar energy or other renewable forms of energy whenever the Secretary determines that such procurement is possible, suited to sup- plying the energy needs of the military depart- ment under the jurisdiction of the Secretary, consistent with the energy performance goals and energy performance plan for the Depart- ment of Defense developed under section 2911 of this title, and supported by the special consider- ations specified in subsection (e) of such section. (b) The Secretary of Defense shall from time to time study uses for solar energy and other re- newable forms of energy to determine what uses of such forms of energy may be reliable in sup- plying the energy needs of the Department of Defense. The Secretary of Defense, based upon the results of such studies, shall from time to time issue policy guidelines to be followed by the Secretaries of the military departments in carrying out subsection (a) and section 2915 of this title. (Added Pub. L. 97–321, title VIII, § 801(a)(1), Oct. 15, 1982, 96 Stat. 1569, § 2394a; amended Pub. L. 98–525, title XIV, § 1405(36), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 101–510, div. A, title XIII, § 1322(a)(7), div. B, title XXVIII, § 2852(a), Nov. 5, 1990, 104 Stat. 1671, 1804; Pub. L. 102–25, title VII, § 701(g)(2), Apr. 6, 1991, 105 Stat. 115; renumbered § 2922b and amended Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), (3)(D), Oct. 17, 2006, 120 Stat. 2494, 2495; Pub. L. 115–91, div. B, title XXVIII, § 2831(c)(4), Dec. 12, 2017, 131 Stat. 1858.) Editorial Notes AMENDMENTS 2017—Subsec. (a). Pub. L. 115–91 substituted ‘‘sub- section (e)’’ for ‘‘subsection (c)’’. 2006—Pub. L. 109–364, § 2851(b)(2), renumbered section 2394a of this title as this section. Subsec. (a). Pub. L. 109–364, § 2851(b)(3)(D)(i), sub- stituted ‘‘possible, suited’’ for ‘‘possible and will be cost effective, reliable, and otherwise suited’’ and ‘‘the jurisdiction of the Secretary, consistent with the en- ergy performance goals and energy performance plan for the Department of Defense developed under section 2911 of this title, and supported by the special consider- ations specified in subsection (c) of such section’’ for ‘‘his jurisdiction’’. Subsec. (b). Pub. L. 109–364, § 2851(b)(3)(D)(ii), struck out ‘‘cost effective and’’ before ‘‘reliable’’ and sub- stituted ‘‘2915’’ for ‘‘2857’’. Subsec. (c). Pub. L. 109–364, § 2851(b)(3)(D)(iii), struck out subsec. (c) which read as follows: ‘‘(c)(1) For the purposes of this section, an energy system using solar energy or other renewable forms of energy shall be considered to be cost effective if the dif- ference between (A) the original investment cost of the energy system using such a form of energy, and (B) the original investment cost of the energy system not using such a form of energy can be recovered over the expected life of the system. ‘‘(2) A determination under paragraph (1) concerning whether a cost-differential can be recovered over the expected life of a system shall be made using the life- cycle cost methods and procedures established pursu-