§ 2912. Availability and use of energy cost savings

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2006

   Military Construction Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 div. B title XXVIII § 2851(a)(1) · 120 Stat. 2083

   Enacted · 10 U.S.C. § 2912

   Added Pub. L. 109–364, div. B, title XXVIII, § 2851(a)(1), Oct. 17, 2006, 120 Stat. 2491

   Source evidence

   Code source credit
   Added Pub. L. 109–364, div. B, title XXVIII, § 2851(a)(1), Oct. 17, 2006, 120 Stat. 2491

   Enacted provision · exact public law section
   (1) Reorganization of section 2865 of title 10.— Title 10, United States Code, is amended by inserting after chapter 172 the following new chapter: “CHAPTER 173— ENERGY SECURITY “Subchapter “I. Energy Security Activities “II. Energy-Related Procurement “III. General Provisions “SUBCHAPTER I— ENERGY SECURITY ACTIVITIES “Sec. “ 2911.  Energy performance goals and plan for Department of Defense. “ 2912.  Availability and use of energy cost savings. “ 2913.  Energy savings contracts and activities. “ 2914.  Energy conservation construction projects. “2915.  New construction: use of renewable forms of energy and energy efficient products. “2916.  Sale of electricity from alternate energy and cogeneration production facilities. “2917.  Development of geothermal energy on military lands. “2918.  Fuel sources for heating systems; prohibition on converting certain heating facilities. “§ 2911. Energy performance goals and plan for Department of Defense “(a) Energy Performance Goals.— (1) The Secretary of Defense shall submit to the congressional defense committees the energy performance goals for the Department of Defense regarding transportation systems, support systems, utilities, and infrastructure and facilities. “(2) Deadline. The energy performance goals shall be submitted annually not later than the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title 31 and cover that fiscal year as well as the next five, l0, and 20 years. The Secretary shall identify changes to the energy performance goals since the previous submission. “(b) Energy Performance Plan.— The Secretary of Defense shall develop, and update as necessary, a comprehensive plan to help achieve the energy performance goals for the Department of Defense. “(c) Special Considerations.— For the purpose of developing and implementing the energy performance goals and energy performance plan, the Secretary of Defense shall consider at a minimum the following: “(1) Opportunities to reduce the current rate of consumption of energy. “(2) Opportunities to reduce the future demand and the requirements for the use of energy. “(3) Opportunities to implement conservation measures to improve the efficient use of energy. “(4) Opportunities to pursue alternative energy initiatives, including the use of alternative fuels in military vehicles and equipment. “(5) Cost effectiveness, cost savings, and net present value of alternatives. “(6) The value of diversification of types and sources of energy used. “(7) The value of economies-of-scale associated with fewer energy types used. “(8) The value of the use of renewable energy sources. “(9) The potential for an action to serve as an incentive for members of the armed forces and civilian personnel to reduce energy consumption or adopt an improved energy performance measure. “(d) Selection of Energy Conservation Measures.— (1) For the purpose of implementing the energy performance plan, the Secretary of Defense shall provide that the selection of energy conservation measures, including energy efficient maintenance, shall be limited to those measures that— “(A) are readily available; “(B) demonstrate an economic return on the investment; “(C) are consistent with the energy performance goals and energy performance plan for the Department; and “(D) are supported by the special considerations specified in subsection (c). “(2) In this subsection, 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. “§ 2912. Availability and use of energy cost savings “(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, shall remain available for obligation under subsection (b) until expended, without additional authorization or appropriation. “(b) Use.— 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: “(1) One-half of the amount shall be used for the implementation of additional energy conservation measures 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). “(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— “(A) improvements to existing military family housing units; “(B) any unspecified minor construction project that will enhance the quality of life of personnel; or “(C) any morale, welfare, or recreation facility or service. “(c) 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. “(d) Congressional Notification.— 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. “§ 2913. Energy savings contracts and activities “(a) Shared Energy Savings Contracts.— (1) The Secretary of Defense shall develop a simplified method of contracting for shared energy savings contract services that will accelerate the use of these contracts with respect to military installations and will reduce the administrative effort and cost on the part of the Department of Defense as well as the private sector. “(2) In carrying out paragraph (1), the Secretary of Defense may— “(A) request statements of qualifications (as prescribed by the Secretary of Defense), including financial and performance information, from firms engaged in providing shared energy savings contracting; “(B) designate from the statements received, with an update at least annually, those firms that are presumptively qualified to provide shared energy savings services; “(C) select at least three firms from the qualifying list to conduct discussions concerning a particular proposed project, including requesting a technical and price proposal from such selected firms for such project; and “(D) select from such firms the most qualified firm to provide shared energy savings services pursuant to a contractual arrangement that the Secretary determines is fair and reasonable, taking into account the estimated value of the services to be rendered and the scope and nature of the project. “(3) In carrying out paragraph (1), the Secretary may also provide for the direct negotiation, by departments, agencies, and instrumentalities of the Department of Defense, of contracts with shared energy savings contractors that have been selected competitively and approved by any gas or electric utility serving the department, agency, or instrumentality concerned. “(b) Participation in Gas or Electric Utility Programs.— The Secretary of Defense shall 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. “(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 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. “(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. “(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. “(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. “(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. “§ 2914. Energy conservation construction projects “(a) Projects Authorized.— The Secretary of Defense may carry out a military construction project for energy conservation, not previously authorized, using funds appropriated or otherwise made available for that purpose. “(b) Congressional Notification.— When a decision is made to carry out a project under this section, the Secretary of Defense shall notify in writing the appropriate committees of Congress of that decision. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees 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. “SUBCHAPTER II— ENERGY-RELATED PROCUREMENT “Sec. “2922.  Liquid fuels and natural gas: contracts for storage, handling, or distribution. “2922a. Contracts for energy or fuel for military installations. “2922b. Procurement of energy systems using renewable forms of energy. “2922c. Procurement of gasohol as motor vehicle fuel. “2922d. Procurement of fuel derived from coal, oil shale, and tar sands. “2922e. Acquisition of certain fuel sources: authority to waive contract procedures; acquisition by exchange; sales authority. “2922f. Preference for energy efficient electric equipment. “SUBCHAPTER III— GENERAL PROVISIONS “Sec. “2925.  Annual report. “§ 2925. Annual report “(a) Report Required.— As part of the annual submission of the energy performance goals for the Department of Defense under section 2911 of this title, the Secretary of Defense shall submit a report containing the following: “(1) A description of the progress made to achieve the goals of the Energy Policy Act of 2005 (Public Law 109–58) and the energy performance goals for the Department of Defense during the preceding fiscal year. “(2) A description of the actions taken to implement the energy performance plan in effect under section 2911 of this title and carry out this chapter during the preceding fiscal year. “(3) A description of the energy savings realized from such actions. “(4) An estimate of the types and quantities of energy consumed by the Department of Defense and members of the armed forces and civilian personnel residing or working on military installations during the preceding fiscal year, including a breakdown of energy consumption by user groups and types of energy, energy costs, and the quantities of renewable energy produced or procured by the Department. “(5) A description of the types and amount of financial incentives received under section 2913 of this title during the preceding fiscal year and the appropriation account or accounts to which the incentives were credited. “(b) Initial Report.— In the first report required under this section, the Secretary of Defense shall include the following: “(1) Such recommendations for changes to this chapter as the Secretary considers appropriate to improve energy performance. “(2) A description of how responsibility over energy performance is distributed within the Department of Defense and a discussion on whether such responsibilities should be consolidated within a single entity. “(3) A discussion of the manner in which the Secretary intends to balance the considerations specified in subsection (c) of section 2911 of this title in developing and implementing the energy performance goals and energy performance plan. “(4) A discussion of the extent to which non-direct energy costs are considered in making research and development, procurement, and construction decisions.” .

2. 2013

   Military Construction Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 div. B title XXVIII § 2822 · 126 Stat. 1632

   Inserted · 10 U.S.C. § 2912(b)(1)

   Pub. L. 112–239 inserted “and energy security” after “additional energy conservation”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 112–239 inserted “and energy security” after “additional energy conservation”.

   Enacted provision · exact public law section
   SEC. 2822. AVAILABILITY AND USE OF DEPARTMENT OF DEFENSE ENERGY COST SAVINGS TO PROMOTE ENERGY SECURITY.   Section 2912(b)(1) of title 10, United States Code, is amended by inserting after “additional energy conservation” the following: “and energy security”.

3. 2017

   Military Construction Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 2832 · 131 Stat. 1283

   Substituted · 10 U.S.C. § 2912(b)(1)

   Pub. L. 115–91, § 2832, substituted “energy resilience, mission assurance, weather damage repair and prevention, energy conservation, and” for “energy conservation and”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   SEC. 2832. AUTHORITY TO USE ENERGY COST SAVINGS FOR ENERGY RESILIENCE, MISSION ASSURANCE, AND WEATHER DAMAGE REPAIR AND PREVENTION MEASURES.   Section 2912(b)(1) of title 10, United States Code, is amended by striking “energy conservation and” and inserting “energy resilience, mission assurance, weather damage repair and prevention, energy conservation, and”.

4. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 1051(a)(26) · 131 Stat. 1283

   Struck · 10 U.S.C. § 2912(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (26) Statement of amounts available from energy cost savings.— Section 2912 is amended by striking subsection (d).

5. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title III § 312(h) · 132 Stat. 1636

   Inserted · 10 U.S.C. § 2912(b)(1)

   Pub. L. 115–232 inserted “, including energy resilience and energy conservation construction projects,” after “energy security measures”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 115–232 inserted “, including energy resilience and energy conservation construction projects,” after “energy security measures”.

   Enacted provision · exact public law section
   (h) Use of Energy Cost Savings To Implement Energy Resilience and Energy Conservation Construction Projects.— Section 2912(b)(1) of title 10, United States Code, is amended by inserting “, including energy resilience and energy conservation construction projects,” after “energy security measures”.

6. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 § 317(1) · 133 Stat. 1198

   Substituted · 10 U.S.C. § 2912(a)

   Pub. L. 116–92, § 317(1), substituted “subsection (b) or (c), as the case may be,” for “subsection (b)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 116–92, § 317(1), substituted “subsection (b) or (c), as the case may be,” for “subsection (b)”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking “subsection (b)” and inserting “subsection (b) or (c), as the case may be,”;

7. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 § 317(2) · 133 Stat. 1198

   Substituted · 10 U.S.C. § 2912(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) in subsection (b), in the matter preceding paragraph (1), by striking “The Secretary of Defense” and inserting “Except as provided in subsection (c) with respect to operational energy cost savings, the Secretary of Defense”;

8. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 § 317(3) · 133 Stat. 1198

   1. Added · 10 U.S.C. § 2912(c); 10 U.S.C. § 2912(d)

      Pub. L. 116–92, § 317(3), (4), added subsec. (c)

   2. Redesignated · 10 U.S.C. § 2912(c); 10 U.S.C. § 2912(d)

      Pub. L. 116–92, § 317(3), (4), redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 116–92, § 317(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   (3) by redesignating subsection (c) as subsection (d); and

9. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 div. A title III § 317 · 134 Stat. 3388

   Inserted · 10 U.S.C. § 2912(a)

   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,”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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,”.

   Enacted provision · exact public law section
   SEC. 317. MODIFICATION TO AVAILABILITY OF ENERGY COST SAVINGS FOR DEPARTMENT OF DEFENSE.   Section 2912(a) of title 10, United States Code, is amended by inserting “and, in the case of operational energy, from both training and operational missions,” after “under section 2913 of this title,”.

10. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 315(1) · 135 Stat. 1541

    Substituted · 10 U.S.C. § 2912(a)

    Pub. L. 117–81, § 315(1), substituted “for that fiscal year and the succeeding fiscal year” for “until expended”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–81, § 315(1), substituted “for that fiscal year and the succeeding fiscal year” for “until expended”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “until expended” and inserting “for that fiscal year and the succeeding fiscal year”; and

11. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 315(2) · 135 Stat. 1541

    Added · 10 U.S.C. § 2912(e)

    Pub. L. 117–81, § 315(2), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 117–81, § 315(2), added subsec. (e).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(e) Transfer of Amounts.— (1) The Secretary of Defense may transfer amounts described in subsection (a) that remain available for obligation 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). “(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. “(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.” .

12. 2025

    Pub. L. 119–60 § 313(1) · 139 Stat. 804

    1. Amended · 10 U.S.C. § 2912(c)

       Pub. L. 119–60, § 313(1), designated existing provisions as par. (1)

    2. Substituted · 10 U.S.C. § 2912(c)

       Pub. L. 119–60, § 313(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.”

    3. Added · 10 U.S.C. § 2912(c)

       Pub. L. 119–60, § 313(1), added pars. (2) and (3)

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    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).

13. 2025

    Pub. L. 119–60 § 313(2) · 139 Stat. 804

    Substituted · 10 U.S.C. § 2912(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”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    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”.

14. 2025

    Pub. L. 119–60 § 313(3) · 139 Stat. 804

    Added · 10 U.S.C. § 2912(f)

    Pub. L. 119–60, § 313(3), added subsec. (f)

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 119–60, § 313(3), added subsec. (f).

12 of 17 references resolved to an enrolled provision · 5 unresolved