Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title: "10 U.S.C. § 2912"
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description: "Availability and use of energy cost savings"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "173"
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chapter_name: "ENERGY SECURITY"
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section: "2912"
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citation: "10 U.S.C. § 2912"
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---
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# 10 U.S.C. § 2912 - Availability and use of energy cost savings
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## Text
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(a) Availability.— An amount of the funds appropriated to the Department of Defense for a fiscal year that is equal to the amount of energy cost savings realized by the Department, including financial benefits resulting from shared energy savings contracts entered into under section 2913 of this title, and, in the case of operational energy, from both training and operational missions, shall remain available for obligation under subsection (b) or (c), as the case may be, for that fiscal year and the succeeding fiscal year, without additional authorization or appropriation.
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(b) Use.— Except as provided in subsection (c) with respect to operational energy cost savings, the Secretary of Defense shall provide that the amount that remains available for obligation under subsection (a) and the funds made available under section 2916(b)(2) of this title shall be used as follows:
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(1) One-half of the amount shall be used for the implementation of additional energy resilience, mission assurance, weather damage repair and prevention, energy conservation, and energy security measures, including energy resilience and energy conservation construction projects, at buildings, facilities, or installations of the Department of Defense or related to vehicles and equipment of the Department, which are designated, in accordance with regulations prescribed by the Secretary of Defense, by the head of the department, agency, or instrumentality that realized the savings referred to in subsection (a).
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(2) One-half of the amount shall be used at the installation at which the savings were realized, as determined by the commanding officer of such installation consistent with applicable law and regulations, for—
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(A) improvements to existing military family housing units;
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(B) any unspecified minor construction project that will enhance the quality of life of personnel; or
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(C) any morale, welfare, or recreation facility or service.
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(c) Use of Operational Energy Cost Savings.— (1) The amount that remains available for obligation under subsection (a) that relates to operational energy cost savings realized by the Department shall be used for the implementation of operational energy initiatives.
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(2) The Secretary of Defense shall design operational energy initiatives under paragraph (1) to advance the objectives of the Department in the areas of energy resilience and fuel efficiency.
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(3) Operational energy initiatives carried out under paragraph (1) may directly contribute to enhanced mission and combat capabilities, fund operational environment training activities, or establish programs to incentivize demonstrable reductions in energy expenditures within the department, agency, or instrumentality credited with achieving the energy cost savings under subsection (a).
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(d) Treatment of Certain Financial Incentives.— Financial incentives received from gas or electric utilities under section 2913 of this title shall be credited to an appropriation designated by the Secretary of Defense. Amounts so credited shall be merged with the appropriation to which credited and shall be available for the same purposes and the same period as the appropriation with which merged.
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(e) Transfer of Amounts.— (1) Not later than 60 days after being notified of amounts described in subsection (a) that remain available for obligation, the Secretary of Defense shall transfer such amounts to other funding accounts of the Department of Defense if the purpose for which such amounts will be used is a purpose specified in subsection (b) or (c).
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(2) Amounts transferred to a funding account of the Department under paragraph (1) shall be available for obligation for the same period as amounts in that account.
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(3) At the end of each fiscal year, the Secretary of Defense shall submit to Congress a report detailing any funds transferred pursuant to paragraph (1) during that fiscal year, including a detailed description of the purpose for which such amounts have been used.
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(f) Operational Energy Cost Savings Defined.— In this section, the term “operational energy cost savings” means the monetary savings achieved through measures to reduce energy expenditures relative to the amount that would have been necessary to sustain an equivalent level of capability in the absence of such measures.
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(Added Pub. L. 109–364, div. B, title XXVIII, § 2851(a)(1), Oct. 17, 2006, 120 Stat. 2491; amended Pub. L. 112–239, div. B, title XXVIII, § 2822, Jan. 2, 2013, 126 Stat. 2152; Pub. L. 115–91, div. A, title X, § 1051(a)(26), div. B, title XXVIII, § 2832, Dec. 12, 2017, 131 Stat. 1562, 1858; Pub. L. 115–232, div. A, title III, § 312(h), Aug. 13, 2018, 132 Stat. 1711; Pub. L. 116–92, div. A, title III, § 317, Dec. 20, 2019, 133 Stat. 1304; Pub. L. 116–283, div. A, title III, § 317, Jan. 1, 2021, 134 Stat. 3519; Pub. L. 117–81, div. A, title III, § 315, Dec. 27, 2021, 135 Stat. 1630; Pub. L. 119–60, div. A, title III, § 313, Dec. 18, 2025, 139 Stat. 804.)
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## Notes
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Editorial Notes
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Amendments2025—Subsec. (c). Pub. L. 119–60, § 313(1), designated existing provisions as par. (1), substituted “operational energy initiatives.” for “additional operational energy resilience, efficiencies, mission assurance, energy conservation, or energy security within the department, agency, or instrumentality that realized that savings.” and added pars. (2) and (3). Subsec. (e)(1). Pub. L. 119–60, § 313(2), substituted “Not later than 60 days after being notified of amounts described in subsection (a) that remain available for obligation, the Secretary of Defense shall transfer such amounts” for “The Secretary of Defense may transfer amounts described in subsection (a) that remain available for obligation”. Subsec. (f). Pub. L. 119–60, § 313(3), added subsec. (f). 2021—Subsec. (a). Pub. L. 117–81, § 315(1), substituted “for that fiscal year and the succeeding fiscal year” for “until expended”. Pub. L. 116–283 inserted “and, in the case of operational energy, from both training and operational missions,” after “under section 2913 of this title,”. Subsec. (e). Pub. L. 117–81, § 315(2), added subsec. (e). 2019—Subsec. (a). Pub. L. 116–92, § 317(1), substituted “subsection (b) or (c), as the case may be,” for “subsection (b)”. Subsec. (b). Pub. L. 116–92, § 317(2), substituted “Except as provided in subsection (c) with respect to operational energy cost savings, the Secretary of Defense” for “The Secretary of Defense” in introductory provisions. Subsecs. (c), (d). Pub. L. 116–92, § 317(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d). 2018—Subsec. (b)(1). Pub. L. 115–232 inserted “, including energy resilience and energy conservation construction projects,” after “energy security measures”. 2017—Subsec. (b)(1). Pub. L. 115–91, § 2832, substituted “energy resilience, mission assurance, weather damage repair and prevention, energy conservation, and” for “energy conservation and”. Subsec. (d). Pub. L. 115–91, § 1051(a)(26), struck out subsec. (d). Text read as follows: “The Secretary of Defense shall include in the budget material submitted to Congress in connection with the submission of the budget for a fiscal year pursuant to section 1105 of title 31 a separate statement of the amounts available for obligation under this section in that fiscal year.” 2013—Subsec. (b)(1). Pub. L. 112–239 inserted “and energy security” after “additional energy conservation”.
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Statutory Notes and Related Subsidiaries
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Transfer of Funds for Energy and Water Efficiency in Federal BuildingsPub. L. 109–148, div. A, title VIII, § 8054, Dec. 30, 2005, 119 Stat. 2710, provided that: “Appropriations available under the heading ‘Operation and Maintenance, Defense-Wide’ for the current fiscal year and hereafter for increasing energy and water efficiency in Federal buildings may, during their period of availability, be transferred to other appropriations or funds of the Department of Defense for projects related to increasing energy and water efficiency, to be merged with and to be available for the same general purposes, and for the same time period, as the appropriation or fund to which transferred.” Similar provisions for specified fiscal years were contained in the following prior appropriation acts: Pub. L. 108–287, title VIII, § 8058, Aug. 5, 2004, 118 Stat. 983. Pub. L. 108–87, title VIII, § 8058, Sept. 30, 2003, 117 Stat. 1085. Pub. L. 107–248, title VIII, § 8059, Oct. 23, 2002, 116 Stat. 1550. Pub. L. 107–117, div. A, title VIII, § 8064, Jan. 10, 2002, 115 Stat. 2261. Pub. L. 106–259, title VIII, § 8063, Aug. 9, 2000, 114 Stat. 688. Pub. L. 106–79, title VIII, § 8066, Oct. 25, 1999, 113 Stat. 1245. Pub. L. 105–262, title VIII, § 8066, Oct. 17, 1998, 112 Stat. 2312. Pub. L. 105–56, title VIII, § 8072, Oct. 8, 1997, 111 Stat. 1235. Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8081], Sept. 30, 1996, 110 Stat. 3009–71, 3009–104. Pub. L. 104–61, title VIII, § 8097, Dec. 1, 1995, 109 Stat. 671. Pub. L. 103–139, title VIII, § 8149, Nov. 11, 1993, 107 Stat. 1475.
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---
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type: "LegalText"
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title: "10 U.S.C. § 2913"
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description: "Energy savings contracts and activities"
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---
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# 10 U.S.C. § 2913 - Energy savings contracts and activities
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## Text
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(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.
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(2) In carrying out paragraph (1), the Secretary of Defense may—
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(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;
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(B) designate from the statements received, with an update at least annually, those firms that are presumptively qualified to provide shared energy savings services;
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(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
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(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.
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(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.
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(b) Participation in Gas or Electric Utility Programs.— The Secretary of Defense shall permit and encourage each military department, Defense Agency, and other instrumentality of the Department of Defense to participate in programs conducted by any gas or electric utility for the management of energy demand or for energy conservation.
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(c) Acceptance of Financial Incentive, Goods, or Services.— The Secretary of Defense may authorize any military installation to accept any financial incentive, goods, or services generally available from a State or local government or gas or electric utility, to adopt technologies and practices that the Secretary determines are in the interests of the United States and consistent with the energy performance goals for the Department of Defense.
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(d) Agreements With Gas or Electric Utilities.— (1) The Secretary of Defense may authorize the Secretary of a military department having jurisdiction over a military installation to enter into agreements with gas or electric utilities to design and implement cost-effective demand and conservation incentive programs (including energy management services, facilities alterations, and the installation and maintenance of energy saving devices and technologies by the utilities) to address the requirements and circumstances of the installation.
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(2) If an agreement under this subsection provides for a utility to advance financing costs for the design or implementation of a program referred to in that paragraph to be repaid by the United States, the cost of such advance may be recovered by the utility under terms no less favorable than those applicable to its most favored customer.
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(3) Subject to the availability of appropriations, repayment of costs advanced under paragraph (2) shall be made from funds available to a military department for the purchase of utility services.
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(4) An agreement under this subsection shall provide that title to any energy-saving device or technology installed at a military installation pursuant to the agreement vest in the United States. Such title may vest at such time during the term of the agreement, or upon expiration of the agreement, as determined to be in the best interests of the United States.
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(Added and amended Pub. L. 109–364, div. B, title XXVIII, §§ 2851(a)(1), 2853, Oct. 17, 2006, 120 Stat. 2491, 2496; Pub. L. 110–140, title V, § 511(c), Dec. 19, 2007, 121 Stat. 1658; Pub. L. 110–181, div. B, title XXVIII, § 2861, Jan. 28, 2008, 122 Stat. 559; Pub. L. 115–232, div. A, title III, § 312(g), Aug. 13, 2018, 132 Stat. 1711; Pub. L. 116–92, div. A, title III, § 320(a)(1)(A), title XVII, § 1731(a)(58), Dec. 20, 2019, 133 Stat. 1306, 1815.)
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## Notes
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Editorial Notes
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Amendments2019—Subsec. (c). Pub. L. 116–92, § 320(a)(1)(A), substituted “government or” for “government”. Pub. L. 116–92, § 1731(a)(58), substituted “government gas or electric utility” for “government a gas or electric utility”. Amendment executed before amendment by section 320(a)(1)(A) of Pub. L. 116–92, see above, pursuant to section 1731(f) of Pub. L. 116–92, set out as a Coordination of Certain Sections of an Act With Other Provisions of That Act note under section 101 of this title. 2018—Subsec. (c). Pub. L. 115–232 inserted “a State or local government” after “generally available from”. 2008—Subsec. (e). Pub. L. 110–181, which directed the amendment of this section by striking out subsec. (e), could not be executed because subsec. (e) was previously repealed by Pub. L. 110–140, § 511(c). See 2007 Amendment note below. 2007—Subsec. (e). Pub. L. 110–140 struck out heading and text of subsec. (e). Text read as follows: “When a decision is made to award an energy savings performance contract that contains a clause setting forth a cancellation ceiling in excess of $7,000,000, the Secretary of Defense shall submit to the appropriate committees of Congress written notification of the proposed contract and of the proposed cancellation ceiling for the contract. The notification shall include the justification 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 medium pursuant to section 480 of this title.” 2006—Subsec. (e). Pub. L. 109–364, § 2853, added subsec. (e).
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Statutory Notes and Related Subsidiaries
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Effective Date of 2007 AmendmentAmendment 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 section 1824 of Title 2, The Congress.
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type: "LegalText"
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title: "10 U.S.C. § 2914"
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---
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# 10 U.S.C. § 2914 - Military construction projects for energy resilience, energy security, and energy conservation
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## Text
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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.
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(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:
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(A) The project title.
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(B) The location of the project.
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(C) A brief description of the scope of work.
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(D) The original project cost estimate and the current working cost estimate, if different.
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(E) Such other information as the Secretary considers appropriate.
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(2) In the case of a military construction project for energy conservation, the Secretary also shall include the following information:
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(A) The original expected savings-to-investment ratio and simple payback estimates and measurement and verification cost estimate.
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(B) The most current expected savings-to-investment ratio and simple payback estimates and measurement and verification plan and costs.
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(C) A brief description of the measurement and verification plan and planned funding source.
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(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.
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(c) Alternative Funding Source.— (1) In addition to the authority under section 2805(c) of this title, 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—
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(A) the current estimate of the cost of the project;
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(B) the source of funds for the project; and
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(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.
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(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.
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(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.
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(d) Relation to Certain Other Authorities.— A project under this section may include—
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(1) activities related to a utility system authorized under subsections (h), (j), and (k) of section 2688 or section 2913 of this title, notwithstanding that the United States does not own the utility system covered by the project; and
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(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))).
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(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.
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(2) In carrying out the requirements of paragraph (1), the Secretary of Defense shall consider, to the maximum extent practicable, the following:
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(A) The adoption of commercially available cybersecurity supply chain risk management tools and solutions.
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(B) The inclusion of existing databases on cyber vulnerabilities when selecting such tools and solutions.
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(C) The need for such tools and methods to provide continuous analysis, monitoring, and mitigation of cyber vulnerabilities in covered projects.
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(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.
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(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.
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(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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|
||||
(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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2023—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 generally. 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 redesignated former subsec. (c) as (d). Subsec. (e). Pub. L. 117–81, § 2804(1), redesignated subsec. (d) as (e). 2018—Pub. L. 115–232 substituted “resilience” for “resiliency” 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 “resiliency 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 AmendmentPub. L. 114–328, div. B, title XXVIII, § 2805(b)(1)(B), Dec. 23, 2016, 130 Stat. 2714, provided that: “The amendment made by subparagraph (A) [amending this section] shall apply with respect to notifications provided during fiscal year 2017 or any succeeding fiscal year.”
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2916 - Sale of electricity from alternate energy and cogeneration production facilities
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Secretary of a military department may sell, contract to sell, or authorize the sale by a contractor to a public or private utility company of electrical energy generated from alternate energy or cogeneration type production facilities which are under the jurisdiction (or produced on land which is under the jurisdiction) of the Secretary concerned. The sale of such energy shall be made under such regulations, for such periods, and at such prices as the Secretary concerned prescribes consistent with the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.).
|
||||
|
||||
(b) (1) Except as provided in paragraph (3), proceeds from sales under subsection (a) shall be credited to the appropriation account currently available to the military department concerned for the supply of electrical energy.
|
||||
|
||||
(2) Subject to the availability of appropriations for this purpose, proceeds credited under paragraph (1) may be used to carry out military construction projects under the energy performance plan developed by the Secretary of Defense under section 2911(c) 11 See References in Text note below. of this title, including minor military construction projects authorized under section 2805 of this title that are designed to increase energy conservation.
|
||||
|
||||
(3) In the case of proceeds from a sale of electrical energy generated from any geothermal energy resource—
|
||||
|
||||
(A) 50 percent shall be credited to the appropriation account described in paragraph (1); and
|
||||
|
||||
(B) 50 percent shall be deposited in a special account in the Treasury established by the Secretary concerned which shall be provided directly to the commander of the military installation in which the geothermal energy resource is located to be used for—
|
||||
|
||||
(i) military construction projects described in paragraph (2) that benefit the military installation where the geothermal energy resource is located; or
|
||||
|
||||
(ii) energy or water security projects that—
|
||||
|
||||
(I) benefit the military installation where the geothermal energy resource is located;
|
||||
|
||||
(II) the commander of the military installation determines are necessary; and
|
||||
|
||||
(III) are directly coordinated with local area energy or groundwater governing authorities.
|
||||
|
||||
(c) Before carrying out a military construction project described in subsection (b) using proceeds from sales under subsection (a), the Secretary concerned shall notify Congress of the project, the justification for the project, and the estimated cost of the project. The project may be carried out only after the end of the 14-day period beginning on the date the notification is received by Congress in an electronic medium pursuant to section 480 of this title.
|
||||
|
||||
(Added Pub. L. 98–407, title VIII, § 810(a), Aug. 28, 1984, 98 Stat. 1523, § 2483; amended Pub. L. 103–160, div. B, title XXVIII, § 2802, Nov. 30, 1993, 107 Stat. 1884; renumbered § 2867, Pub. L. 105–85, div. A, title III, § 371(b)(2), Nov. 18, 1997, 111 Stat. 1705; Pub. L. 108–136, div. A, title X, § 1031(a)(49), Nov. 24, 2003, 117 Stat. 1602; renumbered § 2916 and amended Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(1), (3)(B), Oct. 17, 2006, 120 Stat. 2494; Pub. L. 115–91, div. B, title XXVIII, §§ 2801(e)(2), 2831(c)(3), Dec. 12, 2017, 131 Stat. 1845, 1858; Pub. L. 115–232, div. A, title III, § 313, Aug. 13, 2018, 132 Stat. 1711; Pub. L. 116–92, div. A, title III, § 318, Dec. 20, 2019, 133 Stat. 1305.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Public Utility Regulatory Policies Act of 1978, referred to in subsec. (a), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 16, Conservation, and Tables. Section 2911(c) of this title, referred to in subsec. (b)(2), was, prior to amendment by Pub. L. 115–91, a reference to section 2911(b) of this title. Pub. L. 115–91 redesignated subsec. (b) of section 2911, relating to the development of an energy performance master plan, as (d), not (c).
|
||||
|
||||
Amendments2019—Subsec. (b)(3)(B). Pub. L. 116–92 substituted “shall be provided directly to the commander of the military installation in which the geothermal energy resource is located to be used for—” for “shall be available, for military construction projects described in paragraph (2) or for installation energy or water security projects directly coordinated with local area energy or groundwater governing authorities, for the military installation in which the geothermal energy resource is located.” and added cls. (i) and (ii). 2018—Subsec. (b)(1). Pub. L. 115–232, § 313(1), substituted “Except as provided in paragraph (3), proceeds” for “Proceeds”. Subsec. (b)(3). Pub. L. 115–232, § 313(2), added par. (3). 2017—Subsec. (b)(2). Pub. L. 115–91, § 2831(c)(3), substituted “2911(c)” for “2911(b)”. Subsec. (c). Pub. L. 115–91, § 2801(e)(2), struck out “in writing” after “notify Congress” 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 Congress” and substituted “14-day period” for “21-day period”. 2006—Pub. L. 109–364, § 2851(b)(1), renumbered section 2867 of this title as this section. Subsec. (b)(2). Pub. L. 109–364, § 2851(b)(3)(B), substituted “2911(b)” for “2865(a)”. 2003—Subsec. (c). Pub. L. 108–136 inserted before period at end “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”. 1997—Pub. L. 105–85 renumbered section 2483 of this title as this section. 1993—Subsec. (b). Pub. L. 103–160, § 2802(a), designated existing provisions as par. (1) and added par. (2). Subsec. (c). Pub. L. 103–160, § 2802(b), added subsec. (c).
|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2917 - Development of geothermal energy on military lands
|
||||
|
||||
## Text
|
||||
|
||||
(a) Development Authorized.— The Secretary of a military department may develop, or authorize the development of, any geothermal energy resource within lands under the Secretary’s jurisdiction, including public lands, for the use or benefit of the Department of Defense if that development is in the public interest, as determined by the Secretary concerned, and will not deter commercial development and use of other portions of such resource if offered for leasing.
|
||||
|
||||
(b) Consideration of Energy Security.— The development of a geothermal energy project under subsection (a) should include consideration of energy security in the design and development of the project.
|
||||
|
||||
(Added Pub. L. 97–214, § 6(c)(1), July 12, 1982, 96 Stat. 172, § 2689; renumbered § 2917, Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(1), Oct. 17, 2006, 120 Stat. 2494; amended Pub. L. 112–81, div. B, title XXVIII, § 2822(c), Dec. 31, 2011, 125 Stat. 1692.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2011—Pub. L. 112–81 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 2006—Pub. L. 109–364 renumbered section 2689 of this title as this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition 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.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
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|
||||
title: "10 U.S.C. § 2918"
|
||||
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|
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|
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|
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||||
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||||
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|
||||
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||||
---
|
||||
|
||||
# 10 U.S.C. § 2918 - Fuel sources for heating systems; prohibition on converting certain heating facilities
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) The Secretary of the military department concerned shall provide that the primary fuel source to be used in any new heating system constructed on lands under the jurisdiction of the military department is the most cost effective fuel for that heating system over the life cycle of the system.
|
||||
|
||||
(2) The Secretary of Defense shall prescribe regulations for the determination of the life-cycle cost effectiveness of a fuel for the purposes of paragraph (1).
|
||||
|
||||
(b) The Secretary of a military department may not convert a heating facility at a United States military installation in Europe from a coal-fired facility to an oil-fired facility, or to any other energy source facility, unless the Secretary determines that the conversion—
|
||||
|
||||
(1) is required by the government of the country in which the facility is located; or
|
||||
|
||||
(2) is cost-effective over the life cycle of the facility.
|
||||
|
||||
(Added Pub. L. 97–214, § 6(c)(1), July 12, 1982, 96 Stat. 173, § 2690; amended Pub. L. 99–661, div. A, title XII, § 1205(a)(1), Nov. 14, 1986, 100 Stat. 3971; Pub. L. 105–85, div. A, title X, § 1041(a), Nov. 18, 1997, 111 Stat. 1885; renumbered § 2918, Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(1), Oct. 17, 2006, 120 Stat. 2494.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2006—Pub. L. 109–364 renumbered section 2690 of this title as this section. 1997—Subsec. (b). Pub. L. 105–85 substituted “unless the Secretary determines that the conversion—” for “unless the Secretary—” in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as follows: “(1) determines that the conversion (A) is required by the government of the country in which the facility is located, or (B) is cost effective over the life cycle of the facility; and “(2) submits to Congress notification of the proposed conversion and a period of 30 days has elapsed following the date on which Congress receives the notice.” 1986—Pub. L. 99–661 substituted “Fuel sources for heating systems; prohibition on converting certain heating facilities” for “Restriction on fuel sources for new heating systems” in section catchline and amended text generally. Prior to amendment, text read as follows: “(a) Except as provided in subsection (b), a new heating system that requires a heat input rate of fifty million British thermal units per hour or more and that uses oil or gas (or a derivative of oil or gas) as fuel may not be constructed on lands under the jurisdiction of a military department. “(b) The Secretary of the military department concerned may waive the provisions of subsection (a) in rare and unusual cases, but such a waiver may not become effective until after the Secretary has notified the appropriate committees of Congress in writing of the waiver. “(c) The Secretary of the military department concerned may not provide service for a new heating system in increments in order to avoid the prohibition contained in subsection (a).”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition 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.
|
||||
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|
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|
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|
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||||
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||||
---
|
||||
|
||||
# 10 U.S.C. § 2919 - Department of Defense participation in programs for management of energy demand or reduction of energy usage during peak periods
|
||||
|
||||
## Text
|
||||
|
||||
(a) Participation in Demand Response or Load Management Programs.— The Secretary of Defense, the Secretaries of the military departments, the heads of the Defense Agencies, and the heads of other instrumentalities of the Department of Defense are authorized to participate in demand response programs for the management of energy demand or the reduction of energy usage during peak periods conducted by any of the following parties:
|
||||
|
||||
(1) An electric utility.
|
||||
|
||||
(2) An independent system operator.
|
||||
|
||||
(3) A State agency.
|
||||
|
||||
(4) A third party entity (such as a demand response aggregator or curtailment service provider) implementing demand response programs on behalf of an electric utility, independent system operator, or State agency.
|
||||
|
||||
(b) Treatment of Certain Financial Incentives.— Financial incentives received from an entity specified in subsection (a) shall be—
|
||||
|
||||
(1) received as a cost reduction in the utility bill for a facility; or
|
||||
|
||||
(2) deposited into the fund established under subsection (c) for use, to the extent provided for in an appropriations Act, by the military department, Defense Agency, or instrumentality receiving such financial incentive for energy management initiatives.
|
||||
|
||||
(c) Energy Savings Financial Incentives Fund.— There is established in the Treasury a fund to be known as the “Energy Savings Financial Incentives Fund”. The Fund shall consist of any amount deposited in the Fund pursuant to subsection (b)(2) and amounts appropriated or otherwise made available to the Fund by law.
|
||||
|
||||
(Added Pub. L. 111–84, div. B, title XXVIII, § 2843(a), Oct. 28, 2009, 123 Stat. 2681.)
|
||||
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|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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||||
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||||
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|
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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||||
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||||
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||||
---
|
||||
|
||||
# 10 U.S.C. § 2920 - Energy resilience and energy security measures on military installations
|
||||
|
||||
## Text
|
||||
|
||||
(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 security for installations.
|
||||
|
||||
(2) Planning under paragraph (1) shall—
|
||||
|
||||
(A) promote the use of multiple and diverse sources of energy, with an emphasis favoring energy resources originating on the installation such as modular generation;
|
||||
|
||||
(B) promote installing microgrids to ensure the energy security and energy resilience of critical missions; and
|
||||
|
||||
(C) favor the use of full-time, installed energy sources rather than emergency generation.
|
||||
|
||||
(c) Development of Information.— The planning required by subsection (b) shall identify each of the following for each installation:
|
||||
|
||||
(1) The critical missions of the installation.
|
||||
|
||||
(2) The energy requirements of those critical missions.
|
||||
|
||||
(3) The duration that those energy requirements are likely to be needed in the event of a disruption or emergency.
|
||||
|
||||
(4) The current source of energy provided to those critical missions.
|
||||
|
||||
(5) The duration that the currently provided energy would likely be available in the event of a disruption or emergency.
|
||||
|
||||
(6) Any currently available sources of energy that would provide uninterrupted energy to critical missions in the event of a disruption or emergency.
|
||||
|
||||
(7) Alternative sources of energy that could be developed to provide uninterrupted energy to critical missions in the event of a disruption or emergency.
|
||||
|
||||
(d) Testing and Measuring.— (1) (A) The Secretary of Defense shall require the Secretary of each military department and head of each Defense Agency to conduct monitoring, measuring, and testing to provide the data necessary to comply with this section.
|
||||
|
||||
(B) Any data provided under subparagraph (A) shall be made available to the Assistant Secretary of Defense for Sustainment upon request.
|
||||
|
||||
(2) (A) The Secretary of Defense shall require that black start exercises be conducted to assess the energy resilience and energy security of installations for periods established to evaluate the ability of the installation to perform critical missions without access to off-installation energy resources.
|
||||
|
||||
(B) A black start exercise conducted under subparagraph (A) may exclude, if technically feasible, housing areas, commissaries, exchanges, and morale, welfare, and recreation facilities.
|
||||
|
||||
(C) The Secretary of Defense shall—
|
||||
|
||||
(i) provide uniform policy for the military departments and the Defense Agencies with respect to conducting black start exercises; and
|
||||
|
||||
(ii) establish a schedule of black start exercises for the military departments and the Defense Agencies, with each military department and Defense Agency scheduled to conduct such an exercise on a number of installations each year sufficient to allow that military department or Defense Agency to meet the goals of this section, but in any event not fewer than five installations each year for each military department through fiscal year 2032.
|
||||
|
||||
(D) (i) Except as provided in clause (ii), the Secretary of each military department shall, notwithstanding any other provision of law, conduct black start exercises in accordance with the schedule provided for in subparagraph (C)(ii), with any such exercise not to last longer than five days.
|
||||
|
||||
(ii) The Secretary of a military department may conduct more black start exercises than those identified in the schedule provided for in subparagraph (C)(ii).
|
||||
|
||||
(e) Contract Requirements.— For contracts for energy and utility services, the Secretary of Defense shall—
|
||||
|
||||
(1) specify methods and processes to measure, manage, and verify compliance with subsection (a); and
|
||||
|
||||
(2) ensure that such contracts include requirements appropriate to ensure energy resilience and energy security, including requirements for metering to measure, manage, and verify energy consumption, availability, and reliability consistent with this section and the energy resilience metrics and standards under section 2911(b) of this title.
|
||||
|
||||
(f) Exception.— This section does not apply to fuels used in aircraft, vessels, or motor vehicles.
|
||||
|
||||
(g) Report.— If by the end of fiscal year 2027, the Secretary determines that the Department will be unable to meet the requirements under subsection (a), not later than 90 days after the end of such fiscal year, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report detailing—
|
||||
|
||||
(1) the projected shortfall;
|
||||
|
||||
(2) reasons for the projected shortfall;
|
||||
|
||||
(3) any statutory, technological, or monetary impediments to achieving such requirements;
|
||||
|
||||
(4) any impact to readiness or ability to meet the national defense posture; and
|
||||
|
||||
(5) any other relevant information as the Secretary considers appropriate.
|
||||
|
||||
(h) Definitions.— In this section:
|
||||
|
||||
(1) The term “availability” means the availability of required energy at a stated instant of time or over a stated period of time for a specific purpose.
|
||||
|
||||
(2) The term “black start exercise” means an exercise in which delivery of energy provided from off an installation is terminated before backup generation assets on the installation are turned on. Such an exercise shall—
|
||||
|
||||
(A) determine the ability of the backup systems to start independently, transfer the load, and carry the load until energy from off the installation is restored;
|
||||
|
||||
(B) align organizations with critical missions to coordinate in meeting critical mission requirements;
|
||||
|
||||
(C) validate mission operation plans, such as continuity of operations plans;
|
||||
|
||||
(D) identify infrastructure interdependencies; and
|
||||
|
||||
(E) verify backup electric power system performance.
|
||||
|
||||
(3) The term “critical mission”—
|
||||
|
||||
(A) means those aspects of the missions of an installation, including mission essential operations, that are critical to successful performance of the strategic national defense mission;
|
||||
|
||||
(B) may include operational headquarters facilities, airfields and supporting infrastructure, harbor facilities supporting naval vessels, munitions production and storage facilities, missile fields, radars, satellite control facilities, cyber operations facilities, space launch facilities, operational communications facilities, and biological defense facilities; and
|
||||
|
||||
(C) does not include military housing (including privatized military housing), morale, welfare, and recreation facilities, exchanges, commissaries, or privately owned facilities.
|
||||
|
||||
(4) The term “energy” means electricity, natural gas, steam, chilled water, and heated water.
|
||||
|
||||
(5) The term “installation” has the meaning given the term “military installation” in section 2801(c)(4) of this title.
|
||||
|
||||
(Added Pub. L. 116–283, div. A, title III, § 316(a), Jan. 1, 2021, 134 Stat. 3516; amended Pub. L. 118–159, div. A, title III, §§ 313, 314(a), Dec. 23, 2024, 138 Stat. 1851; Pub. L. 119–60, div. B, title XXVIII, § 2847, Dec. 18, 2025, 139 Stat. 1319.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (a)(5), (6). Pub. L. 119–60 added pars. (5) and (6). 2024—Subsec. (d)(2)(C)(ii). Pub. L. 118–159, § 313, substituted “2032” for “2027”. Subsec. (g). Pub. L. 118–159, § 314(a), substituted “2027” for “2029” in introductory provisions.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Pilot Program on Procurement of Utility Services for Installations of the Department of Defense Through Areawide ContractsPub. L. 119–60, div. B, title XXVIII, § 2888, Dec. 18, 2025, 139 Stat. 1332, provided that: “(a) Pilot Program Required.—Not later than 30 days after the date of the enactment of this Act [Dec 18, 2025], the Secretary of Defense shall establish a pilot program (in this section referred to as the ‘pilot program’) for the purposes of procuring utility services through an areawide contract with a public utility provider for any utility services that support energy resilience and mission readiness of a military installation. “(b) Deadline for Contracts.—Not later than 180 days after the date of the enactment of this Act, the Secretary of each military department shall enter into at least one areawide contract with a public utility provider pursuant to the pilot program. “(c) Public-private Partnerships.—The Secretary shall carry out the pilot program by entering into one or more public-private partnerships through an areawide contract entered into under the pilot program. “(d) Competition.—In carrying out the pilot program, the Secretary shall, in accordance with part 6.302 of the Federal Acquisition Regulation, develop—“(1) a justification and approval template to be used by all acquisition commands of the military departments when entering into an areawide contract pursuant to the pilot program; and “(2) a process for granting waivers with respect to the requirements of the Defense Federal Acquisition Regulation. “(e) Termination Date.—The authority of the Secretary of Defense to carry out the pilot program shall terminate on the date that is one year after the date on which the Secretary commences the pilot program. “(f) Reporting Requirement.—Not later than 90 days after the date on which the pilot program is terminated pursuant to subsection (e), the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes—“(1) an analysis of the pilot program, including any efficiencies, benefits, and cost-savings associated with utilizing areawide contracts under the pilot program to procure utility services from a public utility provider; and “(2) proposed solutions, including recommended legislative text and modifications to the Federal Acquisition Regulation or policy guidance of the Department of Defense, to overcome any remaining legal and policy hurdles that the Secretary identifies as inhibiting adherence to and implementation of section 2811(b) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 10 U.S.C. 2920 note). “(g) Definitions.—In this section:“(1) The terms ‘areawide contract’, ‘energy resilience’, and ‘utility service’ have the meanings given such terms in section 2811(b)(3) of such Act. “(2) The term ‘military installation’ has the meaning given such term in section 2801 of title 10, United States Code.”
|
||||
|
||||
Department of Defense Infrastructure Resilience and ReadinessPub. L. 118–31, div. B, title XXVIII, § 2811(b), Dec. 22, 2023, 137 Stat. 748, provided that: “(1) Authority.—The Secretary of Defense and the Secretary of the military department concerned may utilize existing areawide contracts to procure utility services from a utility service supplier—“(A) to support installation energy resilience and mission readiness; “(B) for the protection of critical infrastructure of the Department of Defense located at a military installation; and “(C) to achieve energy resilience at military installations through implementation of utility system infrastructure projects, to include facilities sustainment, restoration, and modernization of such infrastructure. “(2) Sunset.—The authority under this subsection shall terminate on September 30, 2032. “(3) Definitions.—In this section:“(A) Areawide contract.—The term ‘areawide contract’ means a contract entered into between the General Services Administration and a utility service supplier under section 501 of title 40, United States Code, to procure the utility service needs of Federal agencies within the franchise territory of the supplier. “(B) Energy resilience.—The term ‘energy resilience’ has the meaning given the term in section 101(e) of title 10, United States Code. “(C) Franchise territory.—The term ‘franchise territory’ means a geographical area that a utility service supplier has a right to serve based upon a franchise granted by an independent regulatory body, a certificate of public convenience and necessity, or other legal means. “(D) Utility service.—The term ‘utility service’—“(i) means a utility or service described in section 2872a(b) of title 10, United States Code; “(ii) includes the services supplied by a utility service supplier described in an areawide contract such as connection, change, disconnection, continue service, line extension, alteration or relocation, metering, and special facilities, including primary generation, backup generation, microgrid controls, charging capabilities, and any supporting infrastructure; and “(iii) includes ancillary services, including total maintenance and repair, major restoration and repair, studies, and any other services, as appropriate. “(E) Utility service supplier.—The term ‘utility service supplier’ means an entity that supplies a utility service. “(F) Utility system.—The term ‘utility system’ has the meaning given the term in subsections (i)(1)(A) and (i)(2)(A) of section 2688 of title 10, United States Code.”
|
||||
@@ -0,0 +1,73 @@
|
||||
---
|
||||
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||||
title: "10 U.S.C. § 2921"
|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
section: "2921"
|
||||
citation: "10 U.S.C. § 2921"
|
||||
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||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2921 - Energy efficiency targets for data centers
|
||||
|
||||
## Text
|
||||
|
||||
(a) Covered Data Centers.— (1) For each covered data center, the Secretary of Defense shall—
|
||||
|
||||
(A) develop a power usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices;
|
||||
|
||||
(B) develop a water usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices;
|
||||
|
||||
(C) develop other energy efficiency or water usage targets for the data center based on industry standards and best practices, as applicable to meet energy efficiency and resiliency goals;
|
||||
|
||||
(D) identify potential renewable or clean energy resources, or related technologies such as advanced battery storage capacity, to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and
|
||||
|
||||
(E) identify any statutory, regulatory, or policy barriers to meeting any target under any of subparagraphs (A) through (C).
|
||||
|
||||
(2) The Secretary of Defense shall ensure that targets developed under paragraph (1) are consistent with guidance issued by the Secretary of Energy.
|
||||
|
||||
(3) In this subsection, the term “covered data center” means a data center of the Department of Defense that—
|
||||
|
||||
(A) is one of the 50 data centers of the Department with the highest annual power usage rates; and
|
||||
|
||||
(B) has been established before the date of the enactment of this section.
|
||||
|
||||
(b) New Data Centers.— (1) Except as provided in paragraph (2), in the case of any Department of Defense data center established on or after the date of the enactment of this section, the Secretary of Defense shall establish energy, water usage, and resiliency-related standards that the data center shall be required to meet based on location, resiliency, industry and Federal standards, and best practices. Such standards shall include—
|
||||
|
||||
(A) power usage effectiveness standards;
|
||||
|
||||
(B) water usage effectiveness standards; and
|
||||
|
||||
(C) any other energy or resiliency standards the Secretary determines are appropriate.
|
||||
|
||||
(2) The Secretary may waive the requirement for a Department data center established on or after the date of the enactment of this section to meet the standards established under paragraph (1) if the Secretary—
|
||||
|
||||
(A) determines that such waiver is in the national security interest of the United States; and
|
||||
|
||||
(B) submits to the Committee on Armed Services of the House of Representatives notice of such waiver and the reasons for such waiver.
|
||||
|
||||
(Added Pub. L. 117–81, div. A, title III, § 312(a)(1), Dec. 27, 2021, 135 Stat. 1627.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of the enactment of this section, referred to in subsecs. (a)(3)(B) and (b), is the date of enactment of Pub. L. 117–81, which was approved Dec. 27, 2021.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2922"
|
||||
description: "Liquid fuels and natural gas: contracts for storage, handling, or distribution"
|
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||||
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||||
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||||
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|
||||
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|
||||
citation: "10 U.S.C. § 2922"
|
||||
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||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2922 - Liquid fuels and natural gas: contracts for storage, handling, or distribution
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authority To Contract.— The Secretary of Defense and the Secretary of a military department may each contract for storage facilities for, or the storage, handling, or distribution of, liquid fuels or natural gas.
|
||||
|
||||
(b) Period of Contract.— The period of a contract entered into under subsection (a) may not exceed 5 years. However, the contract may provide options for the Secretary to renew the contract for additional periods of not more than 5 years each, but not for more than a total of 30 years.
|
||||
|
||||
(c) Option To Purchase Facility.— A contract under this section may contain an option for the purchase by the United States of the facility covered by the contract at the expiration or termination of the contract, without regard to subsections (a) and (b) of section 3324 of title 31, and before approval of title to the underlying land by the Attorney General.
|
||||
|
||||
(Added Pub. L. 85–861, § 1(46), Sept. 2, 1958, 72 Stat. 1457, § 2388; amended Pub. L. 97–214, § 10(a)(3), July 12, 1982, 96 Stat. 175; Pub. L. 97–258, § 3(b)(6), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 97–295, § 1(27), Oct. 12, 1982, 96 Stat. 1291; Pub. L. 98–525, title XIV, § 1405(56)(A), Oct. 19, 1984, 98 Stat. 2626; Pub. L. 101–510, div. A, title XIII, § 1322(a)(6), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 103–160, div. A, title VIII, § 825, Nov. 30, 1993, 107 Stat. 1711; Pub. L. 103–355, title III, § 3064, Oct. 13, 1994, 108 Stat. 3337; renumbered § 2922, Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), Oct. 17, 2006, 120 Stat. 2494; Pub. L. 115–91, div. A, title VIII, § 881(a), Dec. 12, 2017, 131 Stat. 1504.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 2388(a)2388(b)50:98i (1st sentence).50:98i (2d sentence).Aug. 3, 1956, ch. 939, § 416, 70 Stat. 1018. 2388(c)50:98i (less 1st and 2d sentences and proviso of last sentence). 2388(d)50:98i (proviso of last sentence). In subsection (b), the words “section applies only” are substituted for the words “authority is limited”. The word “standards” is substituted for the word “criteria”. In subsection (c), the words “A contract under this section” are substituted for the words “Such contracts”. The last 33 words are substituted for 50:98i (28 words before proviso of last sentence).
|
||||
|
||||
1982 ActIn 10:2388(c), the title 31 citation is substituted on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted title 31.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Subsec. (b). Pub. L. 115–91 substituted “30 years” for “20 years”. 2006—Pub. L. 109–364 renumbered section 2388 of this title as this section. 1994—Subsec. (a). Pub. L. 103–355 substituted “liquid fuels or natural gas” for “liquid fuels and natural gas”. 1993—Pub. L. 103–160, § 825(b), substituted “Liquid fuels and natural gas: contracts for storage, handling, or distribution” for “Liquid fuels: contracts for storage, handling, and distribution” as section catchline. Subsecs. (a), (b). Pub. L. 103–160, § 825(a)(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows: “(a) The Secretary of a military department may contract for the storage, handling, and distribution of 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 conform to standards prescribed by the Secretary of Defense 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 heading. 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 “subsections (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 ambiguity 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 AmendmentPub. 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 AmendmentAmendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title.
|
||||
|
||||
Implementation of Inspector General Recommendations Relating to Oversight of Defense Fuel Support PointsPub. L. 118–159, div. A, title III, § 320, Dec. 23, 2024, 138 Stat. 1853, provided that: “With respect to each recommendation of the Inspector General of the Department 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 Defense 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 report containing an explanation of why the Secretary has not implemented the recommendation.”
|
||||
|
||||
Bulk Fuel Management in United States Indo-Pacific Command Area of ResponsibilityPub. 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 Responsibility designed to develop the required bulk fuel management infrastructure and programs to optimally support bulk fuel management in the United States Indo-Pacific Command Area of Responsibility. “(2) Additional elements.—The strategy shall include the following additional elements:“(A) A description of current organizational responsibility of bulk fuel management in the United States Indo-Pacific Command Area of Responsibility from ordering, storage, strategic transportation, and tactical transportation to the last tactical mile. “(B) A description of legacy bulk fuel management assets that can be used to support the United States Indo-Pacific Command. “(C) A description of current programs for platforms and weapon systems and research and development 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 Agency, and the military departments.”
|
||||
|
||||
Notice of Purchase of Drop-In FuelPub. 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 purchase to the congressional defense committees [Committees 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 replacement for a traditional fuel with comparable performance characteristics and compatible with existing infrastructure and equipment. “(2) The term ‘traditional fuel’ means a liquid hydrocarbon 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, development, testing, evaluation, fuel certification, or other demonstrations. “(4) The term ‘fully burdened cost’ means the commodity price of the fuel plus the total cost of all personnel and assets required to move and, when necessary, 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 VehiclesPub. 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.
|
||||
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|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2922a - Contracts for energy or fuel for military installations
|
||||
|
||||
## Text
|
||||
|
||||
(a) Subject to subsection (b), the Secretary of a military department may enter into contracts for periods of up to 30 years—
|
||||
|
||||
(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 contract by the Secretary of Defense.
|
||||
|
||||
(c) The costs of contracts under this section for any year may be paid from annual appropriations for that year.
|
||||
|
||||
(d) The Secretary concerned shall ensure energy security and energy resilience are included as critical factors in the provision and operation of energy production facilities under this section.
|
||||
|
||||
(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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2019—Subsec. (d). Pub. L. 116–92 substituted “energy resilience are included as critical factors” for “resilience are prioritized and included”. 2018—Subsec. (d). Pub. L. 115–232 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “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), substituted “section 2917” for “section 2689”. 1990—Subsec. (b). Pub. L. 101–510 substituted “only after the approval of the proposed contract by the Secretary 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 Representatives 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 delivered 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), substituted “subsection (b)” for “subsection (c)”. Subsecs. (c), (d). Pub. L. 97–321, § 805(b)(3)(B), redesignated subsec. (d) as (c).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition 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.
|
||||
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|
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|
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|
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|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2922b - Procurement of energy systems using renewable forms of energy
|
||||
|
||||
## Text
|
||||
|
||||
(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 supplying the energy needs of the military department under the jurisdiction of the Secretary, consistent with the energy performance goals and energy performance 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) The Secretary of Defense shall from time to time study uses for solar energy and other renewable forms of energy to determine what uses of such forms of energy may be reliable in supplying 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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Subsec. (a). Pub. L. 115–91 substituted “subsection (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), substituted “possible, suited” for “possible and will be cost effective, reliable, and otherwise suited” and “the jurisdiction of the Secretary, consistent with the energy performance goals and energy performance plan for the Department of Defense developed under section 2911 of this title, and supported by the special considerations 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 substituted “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 difference 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 pursuant to section 544(a) of the National Energy Conservation Policy Act (42 U.S.C. 8254(a)).” 1991—Subsec. (c)(2). Pub. L. 102–25 inserted “(42 U.S.C. 8254(a))” after “Policy Act”. 1990—Subsec. (b). Pub. L. 101–510, § 1322(a)(7), struck out “(1)” after “(b)” and struck out par. (2) which read as follows: “The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives not less often than every two years a report on the studies conducted pursuant to paragraph (1). Each such report shall include any findings of the Secretary with respect to the use of solar energy and other renewable forms of energy in supplying the energy needs of the Department of Defense and any recommendations of the Secretary for changes in law that may be appropriate in light of such studies.” Subsec. (c)(2), (3). Pub. L. 101–510, § 2852(a), added par. (2) and struck out former pars. (2) and (3) which read as follows: “(2) A determination under paragraph (1) of whether a cost-differential can be recovered over the expected life of a system shall be made using accepted life-cycle costing procedures and shall include— “(A) the use of all capital expenses and all operating and maintenance expenses associated with the energy system using solar energy or other renewable forms of energy, and not using such a form of energy, over the expected life of the system or during a period of 25 years, whichever is shorter; “(B) the use of fossil fuel costs (and a rate of cost growth for fossil fuel costs) as determined by the Secretary of Defense; and “(C) the use of a discount rate of 7 percent per year for all expenses of the energy system. “(3) For the purpose of any life-cycle cost analysis under this subsection, the original investment cost of the energy system using solar energy or other renewable forms of energy shall be reduced by 10 percent to reflect an allowance for an investment cost credit.” 1984—Pub. L. 98–525 substituted “using” for “powered by” in section catchline.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Submission Date for First ReportPub. L. 97–321, title VIII, § 801(a)(3), Oct. 15, 1982, 96 Stat. 1571, required the first report under subsec. (b)(2) of this section to be submitted not later than two years after Oct. 15, 1982.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2922c - Procurement of gasohol as motor vehicle fuel
|
||||
|
||||
## Text
|
||||
|
||||
(a) Other Federal Fuel Procurements.— Consistent with the vehicle management practices prescribed by the heads of affected departments and agencies of the Federal Government and consistent with Executive Order Number 12261, whenever the Secretary of Defense enters into a contract for the procurement of unleaded gasoline that is subject to tax under section 4081 of the Internal Revenue Code of 1986 for motor vehicles of a department or agency of the Federal Government other than the Department of Defense, the Secretary shall buy alcohol-gasoline blends containing at least 10 percent domestically produced alcohol in any case in which the price of such fuel is the same as, or lower than, the price of unleaded gasoline.
|
||||
|
||||
(b) Solicitations.— Whenever the Secretary issues a solicitation for bids to procure unleaded gasoline under subsection (a), the Secretary shall expressly include in such solicitation a request for bids on alcohol-gasoline blends containing at least 10 percent domestically produced alcohol.
|
||||
|
||||
(Added Pub. L. 97–295, § 1(29)(A), Oct. 12, 1982, 96 Stat. 1293, § 2398; amended Pub. L. 102–190, div. A, title VIII, § 841(a), Dec. 5, 1991, 105 Stat. 1448; Pub. L. 104–106, div. A, title X, § 1061(h), Feb. 10, 1996, 110 Stat. 443; renumbered § 2922c, Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), Oct. 17, 2006, 120 Stat. 2494.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 239810:2388 (note).Nov. 9, 1979, Pub. L. 96–107, § 815, 93 Stat. 817. The word “prescribed” is substituted for “determined” because it is more appropriate. The word “Secretary” is substituted for “Department of Defense” because the responsibility is in the head of the agency. The word “shall” is substituted for “is authorized and directed” for clarity.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextExecutive Order Number 12661, referred to in subsec. (a), is set out under section 8871 of Title 42, The Public Health and Welfare. Section 4081 of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to section 4081 of Title 26, Internal Revenue Code.
|
||||
|
||||
Amendments2006—Pub. L. 109–364 renumbered section 2398 of this title as this section. 1996—Subsec. (a). Pub. L. 104–106, § 1061(h)(1), (2)(A), redesignated subsec. (b) as (a) and struck out former subsec. (a) which read as follows: “DOD Motor Vehicles.—To the maximum extent feasible and consistent with overall defense needs and vehicle management practices prescribed by the Secretary of Defense, the Secretary shall make contracts, by competitive bid and subject to appropriations, to purchase domestically produced alcohol or alcohol-gasoline blends containing at least 10 percent domestically produced alcohol for use in motor vehicles owned or operated by the Department of Defense.” Subsec. (b). Pub. L. 104–106, § 1061(h)(2), redesignated subsec. (c) as (b) and substituted “subsection (a)” for “subsection (b)”. Former subsec. (b) redesignated (a). Subsec. (c). Pub. L. 104–106, § 1061(h)(2)(A), redesignated subsec. (c) as (b). 1991—Pub. L. 102–190 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1991 AmendmentPub. L. 102–190, div. A, title VIII, § 841(b), Dec. 5, 1991, 105 Stat. 1448, provided that: “Section 2398(b) [now 2922c(a)] of title 10, United States Code, as added by subsection (a), shall apply with respect to contracts awarded pursuant to solicitations issued after the expiration of the 180-day period beginning on the date of the enactment of this Act [Dec. 5, 1991].”
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2922d - Procurement of fuel derived from coal, oil shale, and tar sands
|
||||
|
||||
## Text
|
||||
|
||||
(a) Use of Fuel to Meet Department of Defense Needs.— The Secretary of Defense shall develop a strategy to use fuel produced, in whole or in part, from coal, oil shale, and tar sands (referred to in this section as a “covered fuel”) that are extracted by either mining or in-situ methods and refined or otherwise processed in the United States in order to assist in meeting the fuel requirements of the Department of Defense when the Secretary determines that it is in the national interest.
|
||||
|
||||
(b) Authority to Procure.— The Secretary of Defense may enter into one or more contracts or other agreements (that meet the requirements of this section) to procure a covered fuel to meet one or more fuel requirements of the Department of Defense.
|
||||
|
||||
(c) Clean Fuel Requirements.— A covered fuel may be procured under subsection (b) only if the covered fuel meets such standards for clean fuel produced from domestic sources as the Secretary of Defense shall establish for purposes of this section in consultation with the Department of Energy.
|
||||
|
||||
(d) Multiyear Contract Authority.— Subject to applicable provisions of law, any contract or other agreement for the procurement of covered fuel under subsection (b) may be for one or more years at the election of the Secretary of Defense.
|
||||
|
||||
(e) Fuel Source Analysis.— In order to facilitate the procurement by the Department of Defense of covered fuel under subsection (b), the Secretary of Defense may carry out a comprehensive assessment of current and potential locations in the United States for the supply of covered fuel to the Department.
|
||||
|
||||
(Added Pub. L. 109–58, title III, § 369(q)(1), Aug. 8, 2005, 119 Stat. 733, § 2398a; renumbered § 2922d, Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), Oct. 17, 2006, 120 Stat. 2494; Pub. L. 111–383, div. A, title X, § 1075(b)(48), Jan. 7, 2011, 124 Stat. 4371.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2011—Subsecs. (b), (d). Pub. L. 111–383 substituted “one or more” for “1 or more” wherever appearing. 2006—Pub. L. 109–364 renumbered section 2398a of this title as this section.
|
||||
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|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2922e - Acquisition of certain fuel sources: authority to waive contract procedures; acquisition by exchange; sales authority
|
||||
|
||||
## Text
|
||||
|
||||
(a) Waiver Authority.— The Secretary of Defense may, for any purchase of a defined fuel source, waive the application of any provision of law prescribing procedures to be followed in the formation of contracts, prescribing terms and conditions to be included in contracts, or regulating the performance of contracts if the Secretary determines—
|
||||
|
||||
(1) that market conditions for the defined fuel source have adversely affected (or will in the near future adversely affect) the acquisition of that defined fuel source by the Department of Defense; and
|
||||
|
||||
(2) the waiver will expedite or facilitate the acquisition of that defined fuel source for Government needs.
|
||||
|
||||
(b) Scope of Waiver.— A waiver under subsection (a) may be made with respect to a particular contract or with respect to classes of contracts. Such a waiver that is applicable to a contract for the purchase of a defined fuel source may also be made applicable to a subcontract under that contract.
|
||||
|
||||
(c) Exchange Authority.— The Secretary of Defense may acquire a defined fuel source or services related to a defined fuel source by exchange of a defined fuel source or services related to a defined fuel source.
|
||||
|
||||
(d) Authority To Sell.— The Secretary of Defense may sell a defined fuel source of the Department of Defense if the Secretary determines that the sale would be in the public interest. The proceeds of such a sale shall be credited to appropriations of the Department of Defense for the acquisition of a defined fuel source or services related to a defined fuel source. Amounts so credited shall be available for obligation for the same period as the appropriations to which the amounts are credited.
|
||||
|
||||
(Added Pub. L. 98–525, title XII, § 1234(a), Oct. 19, 1984, 98 Stat. 2604, § 2404; amended Pub. L. 100–26, § 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101–510, div. A, title XIII, § 1322(a)(8), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 103–160, div. A, title VIII, § 826, Nov. 30, 1993, 107 Stat. 1711; Pub. L. 106–65, div. A, title VIII, § 803(a), (b)(1), Oct. 5, 1999, 113 Stat. 703; renumbered § 2922e, Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), Oct. 17, 2006, 120 Stat. 2494; Pub. L. 112–81, div. B, title XXVIII, § 2821(b)(2), Dec. 31, 2011, 125 Stat. 1691.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2011—Subsecs. (e), (f). Pub. L. 112–81 struck out subsecs. (e) and (f), which, respectively, defined “petroleum” and “defined fuel source”. 2006—Pub. L. 109–364 renumbered section 2404 of this title as this section. 1999—Pub. L. 106–65, § 803(b)(1), substituted “Acquisition of certain fuel sources” for “Acquisition of petroleum and natural gas” in section catchline. Subsec. (a). Pub. L. 106–65, § 803(a)(1), substituted “a defined fuel source” for “petroleum or natural gas” in introductory provisions, “market conditions for the defined fuel source” for “petroleum market conditions or natural gas market conditions, as the case may be,” and “acquisition of that defined fuel source” for “acquisition of petroleum or acquisition of natural gas, respectively,” in par. (1), and “that defined fuel source” for “petroleum or natural gas, as the case may be,” in par. (2). Subsec. (b). Pub. L. 106–65, § 803(a)(2), substituted “a defined fuel source” for “petroleum or natural gas” in second sentence. Subsec. (c). Pub. L. 106–65, § 803(a)(3), which directed the substitution of “a defined fuel source or services related to a defined fuel source by exchange of a defined fuel source or services related to a defined fuel source.” for “ ‘petroleum’ and all that follows through the period”, was executed by substituting the material for “petroleum, petroleum-related services, natural gas, or natural gas-related services by exchange of petroleum, petroleum-related services, natural gas, or natural gas-related services.” to reflect the probable intent of Congress. Subsec. (d). Pub. L. 106–65, § 803(a)(4), substituted “a defined fuel source” for “petroleum or natural gas” in first sentence and “a defined fuel source or services related to a defined fuel source.” for “petroleum, petroleum-related services, natural gas, or natural gas-related services.” in second sentence. Subsec. (f). Pub. L. 106–65, § 803(a)(5), added subsec. (f). 1993—Pub. L. 103–160, § 826(d)(2), substituted “petroleum and natural gas: authority to waive contract procedures; acquisition by exchange; sales authority” for “petroleum: authority to waive contract procedures” as section catchline. Subsec. (a). Pub. L. 103–160, § 826(a)(1), (d)(1)(A), inserted heading, inserted “or natural gas” after “petroleum” in introductory provisions, inserted “or natural gas market conditions, as the case may be,” after “petroleum market conditions” and “or acquisition of natural gas, respectively,” after “acquisition of petroleum” in par. (1), and inserted “or natural gas, as the case may be,” after “petroleum” in par. (2). Subsec. (b). Pub. L. 103–160, § 826(a)(2), (d)(1)(B), inserted heading and inserted “or natural gas” after “petroleum” in second sentence. Subsec. (c). Pub. L. 103–160, § 826(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary of Defense may acquire petroleum by exchange of petroleum or petroleum derivatives.” Subsec. (d). Pub. L. 103–160, § 826(c)(2), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 103–160, § 826(c)(1), (d)(1)(C), redesignated subsec. (d) as (e) and inserted heading. 1990—Subsecs. (d), (e). Pub. L. 101–510 redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: “The Secretary of Defense shall notify the Congress within 10 days of the date on which any waiver is made under this section and of the reasons for the necessity of exercising such waiver.” 1987—Subsec. (e). Pub. L. 100–26 inserted “the term” after “In this section,”.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2922f - Preference for energy efficient electric equipment
|
||||
|
||||
## Text
|
||||
|
||||
(a) In establishing a new requirement for electric equipment referred to in subsection (b) and in procuring electric equipment referred to in that subsection, the Secretary of a military department or the head of a Defense Agency, as the case may be, shall provide a preference for the procurement of the most energy efficient electric equipment available that meets the requirement or the need for the procurement, if providing such a preference is consistent with the energy performance goals and energy performance 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) Subsection (a) applies to the following electric equipment:
|
||||
|
||||
(1) Electric lamps.
|
||||
|
||||
(2) Electric ballasts.
|
||||
|
||||
(3) Electric motors.
|
||||
|
||||
(4) Electric refrigeration equipment.
|
||||
|
||||
(Added Pub. L. 102–484, div. A, title III, § 384(a)(1)(A), Oct. 23, 1992, 106 Stat. 2392, § 2410c; renumbered § 2922f and amended Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), (3)(E), Oct. 17, 2006, 120 Stat. 2494, 2495; Pub. L. 115–91, div. B, title XXVIII, § 2831(c)(5), Dec. 12, 2017, 131 Stat. 1858.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—Subsec. (a). Pub. L. 115–91 substituted “subsection (e)” for “subsection (c)”. 2006—Pub. L. 109–364, § 2851(b)(2), renumbered section 2410c of this title as this section. Subsec. (a). Pub. L. 109–364, § 2851(b)(3)(E), substituted “In” for “When cost effective, in” and “if providing such a preference is consistent with the energy performance goals and energy performance plan for the Department of Defense developed under section 2911 of this title and supported by the special considerations specified in subsection (c) of such section” for “as the case may be”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1992 AmendmentPub. L. 102–484, div. A, title III, § 384(a)(2), Oct. 23, 1992, 106 Stat. 2393, provided that: “The amendments made by paragraph (1) [enacting this section] shall apply to procurements for which solicitations are issued on or after the date that is 120 days after the date of the enactment of this Act [Oct. 23, 1992].”
|
||||
|
||||
Electric Lighting and Refrigeration Equipment Demonstration ProgramsPub. L. 102–484, div. A, title III, § 384(b)–(d), Oct. 23, 1992, 106 Stat. 2393, provided that: “(b) Electric Lighting Demonstration Program.—(1) The Secretary of Defense shall conduct a demonstration program for using energy efficient electric lighting equipment. “(2) The Secretary shall designate 50 facilities owned or leased by the Department of Defense for participation in the demonstration program under this subsection. “(3) The head of each facility designated pursuant to paragraph (2) and the Director of the Defense Logistics Agency shall jointly audit the electric lighting equipment at the facility in order—“(A) to identify any potential improvements that would increase the energy efficiency of electric lighting at that facility; and “(B) to determine the costs of, and the savings that would result from, such improvements. “(4) Except as provided in subsection (d)(4), on the basis of the results of the audit the head of the facility shall promptly convert to the use of electric lighting equipment at the facility that is more energy efficient than the existing electric lighting equipment to the extent that the conversion is cost effective. “(5) Energy efficient electric lighting equipment used under the demonstration program may include compact fluorescent lamps, energy efficient electric ballasts and fixtures, and other energy efficient electric lighting equipment. “(c) Refrigeration Equipment Demonstration Program.—(1) The Secretary of Defense shall conduct a demonstration program for using energy efficient refrigeration equipment. “(2) The Secretary shall designate 50 facilities owned or operated by the Department of Defense for participation in the demonstration program under this subsection. “(3) The head of each facility designated pursuant to paragraph (2) and the Director of the Defense Logistics Agency shall jointly audit the refrigeration equipment at the facility in order—“(A) to identify any potential improvements that would increase the energy efficiency of the refrigeration equipment at that facility; and “(B) to determine the costs of, and the savings that would result from, such improvements. “(4) Except as provided in subsection (d)(4), on the basis of the results of the audit the head of the facility shall promptly convert to the use of refrigeration equipment at the facility that is more energy efficient than the existing refrigeration equipment to the extent that the conversion is cost effective. “(d) General Provisions for Demonstration Programs.—(1) The Secretary of Defense shall make the designations under subsections (b)(2) and (c)(2) not later than 180 days after the date of the enactment of this Act [Oct. 23, 1992]. “(2) The Secretary of Defense may designate a facility described in subsections (b)(2) and (c)(2) for participation in the demonstration program under subsection (b) and the demonstration program under subsection (c). “(3) The audits required by subsections (b)(3) and (c)(3) shall be completed not later than January 1, 1994. “(4) The head of a facility may not carry out a conversion described in subsection (b)(4) or (c)(4) if the conversion prevents the head of the facility from carrying out other improvements relating to energy efficiency that are more cost effective than that conversion.”
|
||||
@@ -0,0 +1,87 @@
|
||||
---
|
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2922g - Preference for motor vehicles using electric or hybrid propulsion systems; purchase or lease of certain electric and other vehicles
|
||||
|
||||
## Text
|
||||
|
||||
(a) Preference.— During the period preceding October 1, 2035, in leasing or procuring motor vehicles for use by a military department or Defense Agency, the Secretary of the military department or the head of the Defense Agency may provide a preference for the lease or procurement of motor vehicles using electric or hybrid propulsion systems, including plug-in hybrid systems, if the electric or hybrid vehicles—
|
||||
|
||||
(1) will meet the requirements or needs of the Department of Defense; and
|
||||
|
||||
(2) are commercially available at a cost, including operating cost, reasonably comparable to motor vehicles containing only an internal combustion or heat engine using combustible fuel.
|
||||
|
||||
(b) Exception.— Subsection (a) does not apply with respect to tactical vehicles designed for use in combat.
|
||||
|
||||
(c) Relation to Other Vehicle Technologies That Reduce Consumption of Fossil Fuels.— The preference required by subsection (a) does not preclude the Secretary of Defense from authorizing, during the period specified in subsection (a), the Secretary of a military department or head of a Defense Agency to provide a preference for another vehicle technology that reduces the consumption of fossil fuels if the Secretary of Defense determines that the technology is consistent with the energy performance goals and plan of the Department required by section 2911 of this title.
|
||||
|
||||
(d) Requirement.— Except as provided in subsection (e), beginning on October 1, 2035, each covered nontactical vehicle purchased or leased by or for the use of the Department of Defense shall be—
|
||||
|
||||
(1) an electric or zero emission vehicle that uses a charging connector type (or other means to transmit electricity to the vehicle) that meets applicable industry accepted standards for interoperability and safety;
|
||||
|
||||
(2) an advanced-biofuel-powered vehicle; or
|
||||
|
||||
(3) a hydrogen-powered vehicle.
|
||||
|
||||
(e) Relation to Other Vehicle Technologies That Reduce Consumption of Fossil Fuels.— Notwithstanding the requirement under subsection (d), beginning on October 1, 2035, the Secretary of Defense may authorize the purchase or lease of a covered nontactical vehicle that is not described in such subsection if the Secretary determines, on a case-by-case basis, that—
|
||||
|
||||
(1) the technology used in the vehicle to be purchased or leased reduces the consumption of fossil fuels compared to vehicles that use conventional internal combustion technology;
|
||||
|
||||
(2) the purchase or lease of such vehicle is consistent with the energy performance goals and plan of the Department of Defense required by section 2911 of this title; and
|
||||
|
||||
(3) the purchase or lease of a vehicle described in subsection (d) is impracticable under the circumstances.
|
||||
|
||||
(f) Waiver.— (1) The Secretary of Defense may waive the requirement under subsection (d).
|
||||
|
||||
(2) The Secretary of Defense may not delegate the waiver authority under paragraph (1).
|
||||
|
||||
(g) Definitions.— In this section:
|
||||
|
||||
(1) The term “advanced-biofuel-powered vehicle” includes a vehicle that uses a fuel described in section 9001(3)(A) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101(3)(A)).
|
||||
|
||||
(2) The term “covered nontactical vehicle” means any vehicle—
|
||||
|
||||
(A) that is not a tactical vehicle designed for use in combat; and
|
||||
|
||||
(B) that is purchased or leased by the Department of Defense pursuant to a contract entered into, renewed, modified, or amended on or after October 1, 2035.
|
||||
|
||||
(3) The term “hydrogen-powered vehicle” means a vehicle that uses hydrogen as the main source of motive power, either through a fuel cell or internal combustion.
|
||||
|
||||
(Added Pub. L. 111–84, div. B, title XXVIII, § 2844(a), Oct. 28, 2009, 123 Stat. 2682; amended Pub. L. 112–81, div. B, title XXVIII, § 2821(b)(3), Dec. 31, 2011, 125 Stat. 1691; Pub. L. 117–263, div. A, title III, § 317(a), Dec. 23, 2022, 136 Stat. 2506; Pub. L. 118–159, div. A, title XVII, § 1701(a)(33), Dec. 23, 2024, 138 Stat. 2205; Pub. L. 119–60, div. A, title III, § 312(2), Dec. 18, 2025, 139 Stat. 804.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (a). Pub. L. 119–60 substituted “may” for “shall” in introductory provisions. 2024—Subsec. (g)(1). Pub. L. 118–159 substituted “2002” for “2202”. 2022—Pub. L. 117–263, § 317(a)(1), substituted “systems; purchase or lease of certain electric and other vehicles” for “systems” in section catchline. Subsec. (a). Pub. L. 117–263, § 317(a)(2), substituted “During the period preceding October 1, 2035, in leasing” for “In leasing” in introductory provisions. Subsec. (c). Pub. L. 117–263, § 317(a)(3), inserted “, during the period specified in subsection (a),” after “from authorizing”. Subsecs. (d) to (g). Pub. L. 117–263, § 317(a)(4), added subsecs. (d) to (g). 2011—Subsec. (d). Pub. L. 112–81 struck out subsec. (d), which defined “hybrid”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
RegulationsPub. L. 111–84, div. B, title XXVIII, § 2844(c), Oct. 28, 2009, 123 Stat. 2682, provided that: “The Secretary of Defense shall prescribe regulations to implement section 2922g of title 10, United States Code, as added by subsection (a), within one year after the date of the enactment of this Act [Oct. 28, 2009].”
|
||||
|
||||
Requirement That Electric Vehicles, Advanced-Biofuel-Powered Vehicles, or Hydrogen-Powered Vehicles Be in Compliance With Applicable RegulationPub. L. 117–263, div. A, title III, § 328(c), (d), Dec. 23, 2022, 136 Stat. 2521, provided that: “(c) Additional Prohibition.—None of the funds authorized to be appropriated by this Act [see Tables for classification] or otherwise made available for the Department of Defense may be obligated or expended to procure non-tactical vehicles that are electric vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered vehicles, or any components or spare parts associated with such vehicles, that are not in compliance with subpart 22.15 of the Federal Acquisition Regulation (or any successor regulations). “(d) Definitions.—In this section:“(1) The term ‘advanced-biofuel-powered vehicle’ includes a vehicle that uses a fuel described in section 9001(3)(A) of the Farm Security and Rural Investment Act of 2202 [2002] (7 U.S.C. 8101(3)(A)). “(2) The term ‘charging station’ means a parking space with electric vehicle supply equipment that supplies electric energy for the recharging of electric vehicles with at least a level two charger. “(3) The term ‘electric grid requirements’ means the power grid and infrastructure requirements needed to support plug-in electric vehicles and vehicle-to-grid requirements. “(4) The term ‘electric non-tactical vehicle’ means a non-tactical vehicle that is an electric vehicle. “(5) The terms ‘electric vehicle’ includes—“(A) a plug-in hybrid electric vehicle that uses a combination of electric and gas powered engine that can use either gasoline or electricity as a fuel source; and “(B) a plug-in electric vehicle that runs solely on electricity and does not contain an internal combustion engine or gas tank. “(6) The term ‘hydrogen-powered vehicle’ means a vehicle that uses hydrogen as the main source of motive power, either through a fuel cell or internal combustion. “(7) The term ‘non-tactical vehicle’ means a vehicle other than a tactical vehicle. “(8) The term ‘tactical vehicle’ means a motor vehicle designed to military specification, or a commercial design motor vehicle modified to military specification, to provide direct transportation support of combat or tactical operations, or for the training of personnel for such operations.”
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2922h"
|
||||
description: "Repealed. Pub. L. 118–159, div. A, title III, § 315(a), Dec. 23, 2024, 138 Stat. 1851]"
|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "ab20130b315f64e853f104afb4598dfe4f808dcae51d6f5e007f21f383c3451b"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2922h - Repealed. Pub. L. 118–159, div. A, title III, § 315(a), Dec. 23, 2024, 138 Stat. 1851]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 114–92, div. A, title III, § 311(a), Nov. 25, 2015, 129 Stat. 787, limited Secretary of Defense’s procurement of drop-in fuels.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2922i"
|
||||
description: "Multiyear contracts: purchase of electricity from renewable energy sources"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "173"
|
||||
chapter_name: "ENERGY SECURITY"
|
||||
section: "2922i"
|
||||
citation: "10 U.S.C. § 2922i"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2922i"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "88f9ca47a862a38e2067948ffa68f8508874275a5f3fecfce88bec0ff7645780"
|
||||
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2922i - Multiyear contracts: purchase of electricity from renewable energy sources
|
||||
|
||||
## Text
|
||||
|
||||
(a) Multiyear Contracts Authorized.— Subject to subsection (b), the Secretary of Defense may enter into a contract for a period not to exceed 10 years for the purchase of electricity from sources of renewable energy, as that term is defined in section 203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)).
|
||||
|
||||
(b) Limitations on Contracts for Periods in Excess of Five Years.— The Secretary may exercise the authority in subsection (a) to enter into a contract for a period in excess of five years only if the Secretary determines, on the basis of a business case analysis prepared by the Department of Defense, that—
|
||||
|
||||
(1) the proposed purchase of electricity under such contract is cost effective for the Department of Defense; and
|
||||
|
||||
(2) it would not be possible to purchase electricity from the source in an economical manner without the use of a contract for a period in excess of five years.
|
||||
|
||||
(c) Relationship to Other Multiyear Contracting Authority.— Nothing in this section shall be construed to preclude the Department of Defense from using other multiyear contracting authority of the Department to purchase renewable energy.
|
||||
|
||||
(Added Pub. L. 110–181, div. A, title VIII, § 828(a), Jan. 28, 2008, 122 Stat. 229, § 2410q; renumbered § 2922i, Pub. L. 116–283, div. A, title XVIII, § 1879(a), Jan. 1, 2021, 134 Stat. 4293.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Pub. L. 116–283 renumbered section 2410q of this title as this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2922j"
|
||||
description: "Annual report on purchase of drop-in fuel"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "173"
|
||||
chapter_name: "ENERGY SECURITY"
|
||||
section: "2922j"
|
||||
citation: "10 U.S.C. § 2922j"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2922j"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
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||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2922j - Annual report on purchase of drop-in fuel
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— Not less frequently than annually, the Secretary of Defense shall submit to Congress a report that, for the year covered by the report—
|
||||
|
||||
(1) identifies each instance in which the Secretary purchased drop-in fuel that was not cost-competitive with traditional fuel; and
|
||||
|
||||
(2) for each instance identified under paragraph (1), states whether the purchase was based on a military requirement or not.
|
||||
|
||||
(b) Definitions.— In this section:
|
||||
|
||||
(1) The term “drop-in fuel” means a neat or blended liquid hydrocarbon fuel designed as a direct replacement for a traditional fuel with comparable performance characteristics and compatible with existing infrastructure and equipment.
|
||||
|
||||
(2) The term “traditional fuel” means a liquid hydrocarbon fuel derived or refined from petroleum.
|
||||
|
||||
(Added Pub. L. 118–159, div. A, title III, § 315(b), Dec. 23, 2024, 138 Stat. 1852.)
|
||||
@@ -0,0 +1,97 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2924"
|
||||
description: "Definitions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "173"
|
||||
chapter_name: "ENERGY SECURITY"
|
||||
section: "2924"
|
||||
citation: "10 U.S.C. § 2924"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2924"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
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source_hash: "699c279763437404865a8306787ee4f0946675ce62e0bf348ad2018865fe1d38"
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raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
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text_hash: "20aa9b61865c1a8d97384970094080ce20f8b7275f1fec7e20e167de04475861"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2924 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
In this chapter:
|
||||
|
||||
(1) The term “defined fuel source” means any of the following:
|
||||
|
||||
(A) Petroleum.
|
||||
|
||||
(B) Natural gas.
|
||||
|
||||
(C) Coal.
|
||||
|
||||
(D) Coke.
|
||||
|
||||
(2) The term “energy-efficient maintenance” includes—
|
||||
|
||||
(A) the repair of military vehicles, equipment, or facility and infrastructure systems, such as lighting, heating, or cooling equipment or systems, or industrial processes, by replacement with technology that—
|
||||
|
||||
(i) will achieve energy savings over the life-cycle of the equipment or system being repaired; and
|
||||
|
||||
(ii) will meet the same end needs as the equipment or system being repaired; and
|
||||
|
||||
(B) improvements in an operation or maintenance process, such as improved training or improved controls, that result in energy savings.
|
||||
|
||||
(3) The term “hybrid”, with respect to a motor vehicle, means a motor vehicle that draws propulsion energy from onboard sources of stored energy that are both—
|
||||
|
||||
(A) an internal combustion or heat engine using combustible fuel; and
|
||||
|
||||
(B) a rechargeable energy storage system.
|
||||
|
||||
(4) The term “operational energy” means the energy required for training, moving, and sustaining military forces and weapons platforms for military operations. The term includes energy used by tactical power systems and generators and weapons platforms.
|
||||
|
||||
(5) The term “petroleum” means natural or synthetic crude, blends of natural or synthetic crude, and products refined or derived from natural or synthetic crude or from such blends.
|
||||
|
||||
(6) The term “renewable energy source” means energy generated from renewable sources, including the following:
|
||||
|
||||
(A) Solar, including electricity.
|
||||
|
||||
(B) Wind.
|
||||
|
||||
(C) Biomass.
|
||||
|
||||
(D) Biogas.
|
||||
|
||||
(E) Landfill gas.
|
||||
|
||||
(F) Ocean, including tidal, wave, current, and thermal.
|
||||
|
||||
(G) Geothermal, including electricity and heat pumps.
|
||||
|
||||
(H) Municipal solid waste.
|
||||
|
||||
(I) New hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. For purposes of this subparagraph, hydroelectric generation capacity is “new” if it was placed in service on or after January 1, 1999.
|
||||
|
||||
(J) Thermal energy generated by any of the preceding sources.
|
||||
|
||||
(7) The term “biomass” has the meaning given the term “renewable biomass” in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)).
|
||||
|
||||
(8) The term “biogas” means biogas as such term is used in section 211(o)(1)(B)(ii)(V) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(ii)(V)).
|
||||
|
||||
(Added Pub. L. 112–81, div. B, title XXVIII, § 2821(a)(1), Dec. 31, 2011, 125 Stat. 1689; amended Pub. L. 115–91, div. B, title XXVIII, § 2831(c)(6), Dec. 12, 2017, 131 Stat. 1858; Pub. L. 117–263, div. A, title III, § 318, Dec. 23, 2022, 136 Stat. 2507.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Par. (6)(D) to (J). Pub. L. 117–263, § 318(1), added subpar. (D) and redesignated former subpars. (D) to (I) as (E) to (J), respectively. Pars. (7), (8). Pub. L. 117–263, § 318(2), added pars. (7) and (8). 2017—Pars. (3) to (7). Pub. L. 115–91 redesignated pars. (4) to (7) as (3) to (6), respectively, and struck out former par. (3) which defined “energy security”.
|
||||
File diff suppressed because one or more lines are too long
File diff suppressed because one or more lines are too long
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2927"
|
||||
description: "Global bulk fuel management and delivery"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "173"
|
||||
chapter_name: "ENERGY SECURITY"
|
||||
section: "2927"
|
||||
citation: "10 U.S.C. § 2927"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2927"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
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source_hash: "0c8fae745face4df89a664f6d8e29c7df135ec3e42b6434d1edde165e288551e"
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2927 - Global bulk fuel management and delivery
|
||||
|
||||
## Text
|
||||
|
||||
(a) Responsible Element.— (1) Beginning during the period described in paragraph (2) and permanently thereafter, the United States Transportation Command shall be the element responsible for bulk fuel management and delivery of the Department of Defense on a global basis.
|
||||
|
||||
(2) The period described in this paragraph is the period beginning on January 1, 2023, and ending on February 1, 2023.
|
||||
|
||||
(b) Coordination With Defense Logistics Agency.— In carrying out the responsibilities specified in subsection (a), the Commander of the United States Transportation Command shall coordinate with the Director of the Defense Logistics Agency.
|
||||
|
||||
(c) Rule of Construction.— Except to the extent that, prior to January 1, 2023, a responsibility specified in subsection (a) was a specific function of the Defense Logistics Agency Energy, nothing under this section shall be construed as—
|
||||
|
||||
(1) limiting any other function of the Defense Logistics Agency Energy; or
|
||||
|
||||
(2) requiring the transfer of any function, personnel, or asset from the Defense Logistics Agency Energy to the United States Transportation Command.
|
||||
|
||||
(Added Pub. L. 117–81, div. A, title III, § 352(a)(1), Dec. 27, 2021, 135 Stat. 1654.)
|
||||
@@ -0,0 +1,69 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2928"
|
||||
description: "Programs on reduction of fuel reliance and promotion of energy-aware behaviors"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "173"
|
||||
chapter_name: "ENERGY SECURITY"
|
||||
section: "2928"
|
||||
citation: "10 U.S.C. § 2928"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s2928"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "248633b8f66e0230872301257a9960436feb823d66ca662ce20349ba390cb1d2"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
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text_hash: "cb6d90237fe69a271f3cd8446b2bebe7eddabcfcee0810e60d39765a65c67fa1"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2928 - Programs on reduction of fuel reliance and promotion of energy-aware behaviors
|
||||
|
||||
## Text
|
||||
|
||||
(a) Establishment.— Each Secretary of a military department shall establish a program for the promotion of energy-aware behaviors and the reduction of unnecessary fuel consumption within that military department.
|
||||
|
||||
(b) Goals.— The goals of the programs established under subsection (a) shall be as follows:
|
||||
|
||||
(1) To increase operational energy resiliency.
|
||||
|
||||
(2) To decrease energy-related strategic vulnerabilities and enhance military readiness.
|
||||
|
||||
(3) To integrate sustainability features for new and existing military installations and other facilities of the Department.
|
||||
|
||||
(c) Minimum Required Elements.— Under the program of a military department under subsection (a), the Secretary of the military department shall carry out, with respect to the military department, and at a minimum, the following:
|
||||
|
||||
(1) The development and implementation of a strategy for the collection and analysis of data on fuel consumption, to identify operational inefficiencies and enable data-driven decision making with respect to fuel logistics and the reduction of fuel consumption.
|
||||
|
||||
(2) The fostering of an energy-aware culture across the military department to reduce fuel consumption, including through—
|
||||
|
||||
(A) the incorporation of energy conservation and resiliency principles into training curricula and other training materials of the military department, including by updating such materials to include information on the effect of energy-aware behaviors on improving readiness and combat capability; and
|
||||
|
||||
(B) the review of standard operating procedures, and other operational manuals and procedures, of the military department, to identify procedures that increase fuel consumption with no operational benefit.
|
||||
|
||||
(3) The integration of operational energy factors into the wargaming of the military department and related training activities that involve the modeling of scenarios, in accordance with subsection (d), to provide to participants in such activities realistic data on the risks and challenges relating to operational energy and fuel logistics.
|
||||
|
||||
(4) The implementation of data-driven procedures, operations planning, and logistics, to optimize cargo transport and refueling operations within the military department.
|
||||
|
||||
(d) Wargaming Elements.— In integrating operational energy factors into the wargaming and related training activities of a military department under subsection (c)(3), the Secretary of the military department shall seek to ensure that the planning, design, and execution of such activities include—
|
||||
|
||||
(1) coordination with the elements of the military department responsible for fuel and logistics matters, to ensure the modeling of energy demand and network risk during such activities are accurate, taking into account potential shortfalls and the direct and indirect effects of the efforts of foreign adversaries to target fuel supply chains; and
|
||||
|
||||
(2) a focus on improving integrated life-cycle management processes and fuel supply logistics.
|
||||
|
||||
(Added Pub. L. 117–263, div. A, title III, § 319(a), Dec. 23, 2022, 136 Stat. 2507.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Deadline for EstablishmentPub. L. 117–263, div. A, title III, § 319(b), Dec. 23, 2022, 136 Stat. 2508, provided that: “The programs required under section 2928 of title 10, United States Code, as added by subsection (a), shall be established by not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022].”
|
||||
Reference in New Issue
Block a user