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 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 dif- ferent. (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-invest- ment ratio and simple payback estimates and measurement and verification cost estimate. (B) The most current expected savings-to-in- vestment 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 as- surance, support mission critical functions, and address known vulnerabilities. (c) ALTERNATIVE FUNDING SOURCE.—(1) In addi- tion to the authority under section 2805(c) of this title, in carrying out a military construc- tion project for energy resilience, energy secu- rity, or energy conservation under this section, the Secretary concerned may use amounts avail- able for operation and maintenance for the mili- tary department concerned if the Secretary con- cerned 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 car- ried out only after the end of the seven-day pe- riod 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. (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 sub- section is $100,000,000. (d) RELATION TO CERTAIN OTHER AUTHORI- TIES.—A project under this section may in- clude— (1) activities related to a utility system au- thorized under subsections (h), (j), and (k) of section 2688 or section 2913 of this title, not- withstanding 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))). (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 para- graph (1), the Secretary of Defense shall con- sider, 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, docu- mentation for any new requirements for cybersecurity supply chain risk management in annual guidance for covered projects that is submitted along with the annual budget re- Page 2346 TITLE 10—ARMED FORCES § 2915 quest of the President submitted pursuant to section 1105 of title 31. (3) In this subsection, the term ‘‘covered project’’ means a project connected to a Depart- ment 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. (Added Pub. L. 109–364, div. B, title XXVIII, § 2851(a)(1), Oct. 17, 2006, 120 Stat. 2493; amended Pub. L. 114–328, div. B, title XXVIII, § 2805(a)(1), (b)(1)(A), (2), Dec. 23, 2016, 130 Stat. 2713, 2714; Pub. L. 115–91, div. B, title XXVIII, §§ 2801(e)(1), 2831(c)(1), Dec. 12, 2017, 131 Stat. 1845, 1857; Pub. L. 115–232, div. A, title X, § 1081(a)(29), Aug. 13, 2018, 132 Stat. 1985; Pub. L. 116–283, div. B, title XXVIII, §§ 2805(a), 2823(b), Jan. 1, 2021, 134 Stat. 4321, 4333; Pub. L. 117–81, div. B, title XXVIII, § 2804, Dec. 27, 2021, 135 Stat. 2188; Pub. L. 118–31, div. B, title XXVIII, § 2809, Dec. 22, 2023, 137 Stat. 746.) Editorial Notes AMENDMENTS 2023—Subsecs. (e), (f). Pub. L. 118–31 added subsec. (e) and redesignated former subsec. (e) as (f). 2021—Pub. L. 116–283, § 2805(a), amended section gen- erally. Prior to amendment, section related to energy resilience and conservation construction projects. Subsecs. (c), (d). Pub. L. 117–81 added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). Pub. L. 116–283, § 2823(b), added subsec. (c) and redesig- nated former subsec. (c) as (d). Subsec. (e). Pub. L. 117–81, § 2804(1), redesignated sub- sec. (d) as (e). 2018—Pub. L. 115–232 substituted ‘‘resilience’’ for ‘‘re- siliency’’ in section catchline. 2017—Pub. L. 115–91, § 2831(c)(1), substituted ‘‘energy resilience’’ for ‘‘energy resiliency’’ wherever appearing in text. Subsec. (b)(1). Pub. L. 115–91, § 2801(e)(1), struck out ‘‘in writing’’ after ‘‘shall notify’’ and ‘‘or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided’’ after ‘‘received by such committees’’ and substituted ‘‘14-day period’’ for ‘‘21-day period’’. 2016—Pub. L. 114–328, § 2805(a)(1)(A), inserted ‘‘resil- iency and’’ before ‘‘conservation construction projects’’ in section catchline. Text quoted in directory language of amendment was editorially conformed to the style of the catchline. Subsec. (a). Pub. L. 114–328, § 2805(a)(1)(B), substituted ‘‘military construction project for energy resiliency, energy security, or energy conservation’’ for ‘‘military construction project for energy conservation’’. Subsec. (b). Pub. L. 114–328, § 2805(b)(1)(A), designated existing provisions as par. (1) and added par. (2). Subsec. (c). Pub. L. 114–328, § 2805(b)(2), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–328, div. B, title XXVIII, § 2805(b)(1)(B), Dec. 23, 2016, 130 Stat. 2714, provided that: ‘‘The amend- ment made by subparagraph (A) [amending this sec- tion] shall apply with respect to notifications provided during fiscal year 2017 or any succeeding fiscal year.’’ § 2915. Facilities: use of renewable forms of en- ergy and energy efficient products (a) USE OF RENEWABLE FORMS OF ENERGY EN- COURAGED.—The Secretary of Defense shall en- courage 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 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 re- quire that the design for the construction, re- pair, or renovation of facilities (including fam- ily housing and back-up power generation facili- ties) 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 perform- ance goals and energy performance master plan for the Department of Defense developed under section 2911 of this title; 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 sys- tems 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 system using solar energy or other renewable forms of energy for a facility shall be considered to be cost effective if the difference between (A) the original investment cost of the energy sys- tem for the facility with such a system, and (B) the original investment cost of the energy sys- tem for the facility without such a system can be recovered over the expected life of the facil- ity. (2) A determination under paragraph (1) con- cerning whether a cost-differential can be recov- ered over the expected life of a facility shall be made using the life-cycle cost methods and pro- cedures established pursuant to section 544(a) of the National Energy Conservation Policy Act (42 U.S.C. 8254(a)). (d) EXCEPTION TO SQUARE FEET AND COST PER SQUARE FOOT LIMITATIONS.—In order to equip a military construction project (including a mili- tary family housing project) with heating equip- ment, cooling equipment, or both heating and cooling equipment using solar energy or other renewable forms of energy or with a passive en- ergy system using solar energy or other renew- able forms of energy, the Secretary concerned may authorize an increase in any otherwise ap- plicable limitation with respect to the number of square feet or the cost per square foot of the project by such amount as may be necessary for such purpose. Any such increase under this sub-