Title 10 — Armed Forces
Part IV · Chapter 173 — Energy Security
§ 2922a. Contracts for energy or fuel for military installations
Statutory text
Subject to subsection (b), the Secretary of a military department may enter into contracts for periods of up to 30 years—
under section 2917 of this title; and
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.
A contract may be made under subsection (a) only after the approval of the proposed contract by the Secretary of Defense.
The costs of contracts under this section for any year may be paid from annual appropriations for that year.
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.
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.
Military Construction Codification Act
Pub. L. 97–214 § 6(a)(1) · 96 Stat. 153
Enacted · 10 U.S.C. § 2922a
Added Pub. L. 97–214, § 6(a)(1), July 12, 1982, 96 Stat. 171, § 2394
Source evidence
Code source credit
Added Pub. L. 97–214, § 6(a)(1), July 12, 1982, 96 Stat. 171, § 2394Enacted provision · exact public law section
(1) Chapter 141 of title 10, United States Code, is amended by adding at the end thereof the following new section: “§ 2394. Contracts for energy or fuel for military installations “(a) Subject to subsection (c), the Secretary of a military department may enter into contracts for periods of up to 30 years— “(1) under section 2689 of this title; and Post, p. 173. “(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— “(1) after the approval of the proposed contract by the Secretary of Defense; and “(2) after the Committees on Armed Services and on Appropriations Notification to congressional committees. 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. “(d) The costs of contracts under this section for any year may be paid from annual appropriations for that year.”.Military Construction Authorization Act, 1983
Pub. L. 97–321 § 805(b)(3)(A) · 96 Stat. 1549
Substituted · 10 U.S.C. § 2922a(a)
Pub. L. 97–321, § 805(b)(3)(A), substituted “subsection (b)” for “subsection (c)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–321, § 805(b)(3)(A), substituted “subsection (b)” for “subsection (c)”.Enacted provision · exact public law section
(A) by striking out “subsection (c)” in subsection (a) and inserting in lieu thereof “subsection (b)”; andMilitary Construction Authorization Act, 1983
Pub. L. 97–321 § 805(b)(3)(B) · 96 Stat. 1549
Redesignated · 10 U.S.C. § 2922a(c); 10 U.S.C. § 2922a(d)
Pub. L. 97–321, § 805(b)(3)(B), redesignated subsec. (d) as (c)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 97–321, § 805(b)(3)(B), redesignated subsec. (d) as (c).Enacted provision · exact public law section
(B) by redesignating subsection (d) as subsection (c).Defense Technical Corrections Act of 1987
Pub. L. 100–26 § 7(k)(2) · 101 Stat. 273
Inserted · 10 U.S.C. § 2922a(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(2) Sections 976(a), 1045(e), 1587(a), 1621, 2006(b), 2120, 2213(e), 2232, 2302 (other than paragraph (3)), 2305a(d), 2350, 2362(e), 2394(c), 2397(a), 2397a(a), 2403(a), 2432(a), 2547(e), 2801(c), and 5001(a) are amended— (A) by inserting “The term” in each paragraph after the paragraph designation; and (B) by revising the first word after the first quotation marks in each paragraph (other than in sections 1045(e), 2006(b)(1), 2213(e)(2), 2232(1), 2350(2), 2801(c)(3), 5001(a)(1), and 5001(a)(2)) so that the initial letter of such word is lower case.National Defense Authorization Act for Fiscal Year 1991
Pub. L. 101–510 div. A title XIII § 1301(12) · 104 Stat. 1485
Substituted · 10 U.S.C. § 2922a(b)
Pub. L. 101–510 substituted “only after the approval of the proposed contract by the Secretary of Defense” for “only—
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(12) Section 2394(b) is amended by striking out “only—” and all that follows through the period and inserting in lieu thereof “only after the approval of the proposed contract by the Secretary of Defense.”.Military Construction Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 2851(b)(2) · 120 Stat. 2083
Changed · 10 U.S.C. § 2922a
Pub. L. 109–364, § 2851(b)(2), renumbered section 2394 of this title as this section
Source evidence
Code amendment note
Pub. L. 109–364, § 2851(b)(2), renumbered section 2394 of this title as this section.Enacted provision · exact public law section
(2) Transfer and redesignation of chapter 141 provisions.— Sections 2388, 2394, 2394a, 2398, 2398a, 2404, and 2410c of such title are— (A) transferred to chapter 173 of such title, as added by subsection (a)(1); (B) inserted after the table of sections of subchapter II of such chapter; and (C) redesignated as sections 2922, 2922a, 2922b, 2922c, 2922d, 2922e, and 2922f, respectively.Military Construction Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 2851(b)(3)(C) · 120 Stat. 2083
Substituted · 10 U.S.C. § 2922a(a)(1)
Pub. L. 109–364, § 2851(b)(3)(C), substituted “section 2917” for “section 2689”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 109–364, § 2851(b)(3)(C), substituted “section 2917” for “section 2689”.Enacted provision · exact public law section
(C) in subsection (a)(1) of section 2922a (former section 2394), as transferred and redesignated by paragraph (2), by striking “section 2689 of this title” and inserting “section 2917 of this title”;Military Construction Authorization Act for Fiscal Year 2018
Pub. L. 115–91 div. B title XXVIII § 2833 · 131 Stat. 1283
Added · 10 U.S.C. § 2922a(d)
Pub. L. 115–91 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 115–91 added subsec. (d).Enacted provision · exact public law section
SEC. 2833. CONSIDERATION OF ENERGY SECURITY AND ENERGY RESILIENCE IN AWARDING ENERGY AND FUEL CONTRACTS FOR MILITARY INSTALLATIONS. Section 2922a of title 10, United States Code, is amended by adding at the end the following new subsection: “(d) The Secretary concerned shall prioritize energy security and resilience.” .John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title III § 312(d) · 132 Stat. 1636
Amended · 10 U.S.C. § 2922a(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(d) Inclusion of Energy Security and Resilience as Priorities in Contracts for Energy or Fuel for Military Installations.— Section 2922a(d) of title 10, United States Code, is amended to read as follows: “(d) The Secretary concerned shall ensure energy security and resilience are prioritized and included in the provision and operation of energy production facilities under this section.” .National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 div. A title III § 320(a)(2)(A) · 133 Stat. 1198
Substituted · 10 U.S.C. § 2922a(d)
Pub. L. 116–92 substituted “energy resilience are included as critical factors” for “resilience are prioritized and included”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 116–92 substituted “energy resilience are included as critical factors” for “resilience are prioritized and included”.Enacted provision · exact public law section
(A) in section 2922a(d), by striking “resilience are prioritized and included” and inserting “energy resilience are included as critical factors”; and
10 of 10 references resolved to an enrolled provision
Editorial Notes
Amendments1982–2019 · 7 rounds
2019
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 Date
Section effective , 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.
Credits
1982–2019 · 8 acts
- 1982Added Pub. L. 97–214, § 6(a)(1), , 96 Stat. 171, § 2394
- 1982amended Pub. L. 97–321, title VIII, § 805(b)(3), , 96 Stat. 1573
- 1987Pub. L. 100–26, § 7(k)(2), , 101 Stat. 284
- 1990Pub. L. 101–510, div. A, title XIII, § 1301(12), , 104 Stat. 1668
- 2006renumbered § 2922a and amended Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), (3)(C), , 120 Stat. 2494
- 2017Pub. L. 115–91, div. B, title XXVIII, § 2833, , 131 Stat. 1858
- 2018Pub. L. 115–232, div. A, title III, § 312(d), , 132 Stat. 1710
- 2019Pub. L. 116–92, div. A, title III, § 320(a)(2)(A), , 133 Stat. 1306.
Show as published
(Added Pub. L. 97–214, § 6(a)(1), , 96 Stat. 171, § 2394; amended Pub. L. 97–321, title VIII, § 805(b)(3), , 96 Stat. 1573; Pub. L. 100–26, § 7(k)(2), , 101 Stat. 284; Pub. L. 101–510, div. A, title XIII, § 1301(12), , 104 Stat. 1668; renumbered § 2922a and amended Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), (3)(C), , 120 Stat. 2494; Pub. L. 115–91, div. B, title XXVIII, § 2833, , 131 Stat. 1858; Pub. L. 115–232, div. A, title III, § 312(d), , 132 Stat. 1710; Pub. L. 116–92, div. A, title III, § 320(a)(2)(A), , 133 Stat. 1306.)