§ 2925. Annual report on energy performance, resilience, and readiness of Department of Defense

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. § 2925

   Added Pub. L. 109–364, div. B, title XXVIII, § 2851(a)(1), Oct. 17, 2006, 120 Stat. 2493

   Source evidence

   Code source credit
   Added Pub. L. 109–364, div. B, title XXVIII, § 2851(a)(1), Oct. 17, 2006, 120 Stat. 2493

   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. 2008

   Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

   Pub. L. 110–417 § 331(b)(1) · 122 Stat. 4356

   Amended · 10 U.S.C. § 2925

   Pub. L. 110–417, § 331(b)(1), amended section catchline generally. Prior to amendment, catchline read as follows: “Annual report”

   Source evidence

   Code amendment note
   Pub. L. 110–417, § 331(b)(1), amended section catchline generally. Prior to amendment, catchline read as follows: “Annual report”.

   Enacted provision · exact public law section
   (1) Section heading.— The heading of such section is amended to read as follows: “§ 2925. Annual Department of Defense energy management reports” .

3. 2008

   Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

   Pub. L. 110–417 § 2832 · 122 Stat. 4356

   1. Substituted · 10 U.S.C. § 2925(a)

      Pub. L. 110–417, § 2832, in heading substituted “Annual Report Related to Installations Energy Management” for “Report Required”, in par. (1) inserted “, the Energy Independence and Security Act of 2007 (Public Law 110–140),” after “(Public Law 109–58)”

   2. Added · 10 U.S.C. § 2925(a)

      Pub. L. 110–417, § 2832, in heading added par. (6)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–417, § 2832, in heading substituted “Annual Report Related to Installations Energy Management” for “Report Required”, in par. (1) inserted “, the Energy Independence and Security Act of 2007 (Public Law 110–140),” after “(Public Law 109–58)”, and added par. (6).

   Enacted provision · exact public law section
   SEC. 2832. ANNUAL REPORT ON DEPARTMENT OF DEFENSE INSTALLATIONS ENERGY MANAGEMENT.   Section 2925(a) of title 10, United States Code, is amended— (1) by striking the subsection heading and inserting the following: “Annual Report Related to Installations Energy Management.—”; (2) in paragraph (1), by inserting “, the Energy Independence and Security Act of 2007 (Public Law 110–140),” after “58)”; and (3) by adding at the end the following new paragraph: “(6) A description and estimate of the progress made by the military departments to meet the certification requirements for sustainable green-building standards in construction and major renovations as required by section 433 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 121 Stat. 1612).” .

4. 2008

   Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

   Pub. L. 110–417 § 331(a) · 122 Stat. 4356

   1. Added · 10 U.S.C. § 2925(b)

      Pub. L. 110–417, § 331(a), added subsec. (b)

   2. Struck · 10 U.S.C. § 2925(b)

      Pub. L. 110–417, § 331(a), struck out former subsec. (b) which related to requirements for the initial report to be submitted by the Secretary of Defense

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 110–417, § 331(a), added subsec. (b) and struck out former subsec. (b) which related to requirements for the initial report to be submitted by the Secretary of Defense.

   Enacted provision · exact public law section
   (a) Report Required.— Section 2925 of title 10, United States Code, is amended by striking subsection (b) and inserting the following new subsection: “(b) Annual Report Related to Operational Energy.— (1) Simultaneous with the annual report required by subsection (a), the Secretary of Defense, acting through the Director of Operational Energy Plans and Programs, shall submit to the congressional defense committees a report on operational energy management and the implementation of the operational energy strategy established pursuant to section 139b of this title. “(2) The annual report under this subsection shall address and include the following: “(A) Statistical information on operational energy demands, in terms of expenditures and consumption, for the preceding five fiscal years, including funding made available in regular defense appropriations Acts and any supplemental appropriation Acts. “(B) An estimate of operational energy demands for the current fiscal year and next fiscal year, including funding requested to meet operational energy demands in the budget submitted to Congress under section 1105 of title 31 and in any supplemental requests. “(C) A description of each initiative related to the operational energy strategy and a summary of funds appropriated for each initiative in the previous fiscal year and current fiscal year and requested for each initiative for the next five fiscal years. “(D) An evaluation of progress made by the Department of Defense— “(i) in implementing the operational energy strategy, including the progress of key initiatives and technology investments related to operational energy demand and management; and “(ii) in meeting the operational energy goals set forth in the strategy. “(E) Such recommendations as the Director considers appropriate for additional changes in organization or authority within the Department of Defense to enable further implementation of the energy strategy and such other comments and recommendations as the Director considers appropriate. “(3) If a report under this subsection is submitted in a classified form, the Secretary shall concurrently submit to the congressional defense committees an unclassified version of the information required by this subsection. “(4) In this subsection, 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. 2009

   National Defense Authorization Act for Fiscal Year 2010

   Pub. L. 111–84 div. A title III § 332(a) · 123 Stat. 2190

   1. Inserted · 10 U.S.C. § 2925(a)

      Pub. L. 111–84, in par. (1), inserted “section 2911(e) of this title, section 533 of the National Energy Conservation Policy Act (42 U.S.C. 8259b),” after “(Public Law 109–58),”

   2. Added · 10 U.S.C. § 2925(a)

      Pub. L. 111–84, in par. (1), added pars. (2), (3), (9), and (10)

   3. Redesignated · 10 U.S.C. § 2925(a)

      Pub. L. 111–84, in par. (1), redesignated former pars. (2) to (6) as (4) to (8), respectively

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–84, in par. (1), inserted “section 2911(e) of this title, section 533 of the National Energy Conservation Policy Act (42 U.S.C. 8259b),” after “(Public Law 109–58),”, added pars. (2), (3), (9), and (10), and redesignated former pars. (2) to (6) as (4) to (8), respectively.

   Enacted provision · exact public law section
   (a) New Reporting Requirements.— Section 2925(a) of title 10, United States Code, is amended— (1) in paragraph (1), by inserting after “(Public Law 109-58),” the following: “section 2911(e) of this title, section 533 of the National Energy Conservation Policy Act (42 U.S.C. 8259b),”; (2) by redesignating paragraphs (2) through (6) as paragraphs (4) through (8), respectively; (3) by inserting after paragraph (1) the following new paragraphs (2) and (3): “(2) A table detailing funding, by account, for all energy projects funded through appropriations. “(3) A table listing all energy projects financed through third party financing mechanisms (including energy savings performance contracts, enhanced use leases, utility energy service contracts, utility privatization agreements, and other contractual mechanisms), the duration of each such mechanism, an estimate of the financial obligation incurred through the duration of each such mechanism, and the estimated payback period for each such mechanism.” ; and (4) by adding at the end the following new paragraphs: “(9) A description of steps taken to determine best practices for measuring energy consumption in Department of Defense facilities and installations, in order to use the data for better energy management. “(10) A description of any other issues and strategies the Secretary determines relevant to a comprehensive and renewable energy policy.” .

6. 2011

   Military Construction Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 § 2832(c)(1) · 124 Stat. 4137

   Substituted · 10 U.S.C. § 2925(a)(4)

   Pub. L. 111–383, § 2832(c)(1), substituted “energy performance master plan” for “energy performance plan”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 111–383, § 2832(c)(1), substituted “energy performance master plan” for “energy performance plan”.

   Enacted provision · exact public law section
   (1) Conforming amendment.— Section 2925(a) of title 10, United States Code, is amended by striking “energy performance plan” each place it appears and inserting “energy performance master plan”.

7. 2011

   Military Construction Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 § 2826 · 125 Stat. 1298

   Substituted · 10 U.S.C. § 2925(a)

   Pub. L. 112–81, § 2826, in introductory provisions, substituted “Not later than 120 days after the end of each fiscal year, the Secretary of Defense shall submit to the congressional defense committees an installation energy report detailing the fulfillment during that fiscal year of the energy performance goals for the Department of Defense under section 2911 of this title. Each report shall contain the following:” for “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:”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 112–81, § 2826, in introductory provisions, substituted “Not later than 120 days after the end of each fiscal year, the Secretary of Defense shall submit to the congressional defense committees an installation energy report detailing the fulfillment during that fiscal year of the energy performance goals for the Department of Defense under section 2911 of this title. Each report shall contain the following:” for “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:”.

   Enacted provision · exact public law section
   SEC. 2826. SUBMISSION OF ANNUAL DEPARTMENT OF DEFENSE ENERGY MANAGEMENT REPORTS.   Section 2925(a) of title 10, United States Code, is amended by striking “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:” and inserting “Not later than 120 days after the end of each fiscal year, the Secretary of Defense shall submit to the congressional defense committees an installation energy report detailing the fulfillment during that fiscal year of the energy performance goals for the Department of Defense under section 2911 of this title. Each report shall contain the following:”.

8. 2011

   Military Construction Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 § 2822(d)(1) · 125 Stat. 1298

   Inserted · 10 U.S.C. § 2925(a)(3)

   Pub. L. 112–81, § 2822(d)(1), inserted “whether the project incorporates energy security into its design,” after “through the duration of each such mechanism,”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 112–81, § 2822(d)(1), inserted “whether the project incorporates energy security into its design,” after “through the duration of each such mechanism,”.

   Enacted provision · exact public law section
   (1) in paragraph (3), by inserting “whether the project incorporates energy security into its design,” after “through the duration of each such mechanism,”;

9. 2011

   Military Construction Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 § 2824(b)(2) · 125 Stat. 1298

   Redesignated · 10 U.S.C. § 2925(a)(4)

   Pub. L. 112–81, § 2824(b)(2), added par. (4). Former par. (4) redesignated (5)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 112–81, § 2824(b)(2), added par. (4). Former par. (4) redesignated (5).

   Enacted provision · exact public law section
   (2) by inserting after paragraph (3) the following new paragraph: “(4) In addition to the information contained in the table listing energy projects financed through third party financing mechanisms, as required by paragraph (3), the table also shall list any renewable energy certificates associated with each project, including information regarding whether the renewable energy certificates were bundled or unbundled, the purchasing authority for the renewable energy certificates, and the price of the associated renewable energy certificates.” .

10. 2011

    Military Construction Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 2824(b)(1) · 125 Stat. 1298

    Redesignated · 10 U.S.C. § 2925(a)(5)(9)

    Pub. L. 112–81, § 2824(b)(1), redesignated pars. (4) to (8) as (5) to (9), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(5) to (9). Pub. L. 112–81, § 2824(b)(1), redesignated pars. (4) to (8) as (5) to (9), respectively.

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (4) through (11) as paragraphs (5) through (12), respectively; and

11. 2011

    Military Construction Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 2824(b)(1) · 125 Stat. 1298

    Redesignated · 10 U.S.C. § 2925(a)(10)

    Pub. L. 112–81, § 2824(b)(1), redesignated par. (9) as (10). Former par. (10) redesignated (11)

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 112–81, § 2824(b)(1), redesignated par. (9) as (10). Former par. (10) redesignated (11).

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (4) through (11) as paragraphs (5) through (12), respectively; and

12. 2011

    Military Construction Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 2822(d)(3) · 125 Stat. 1298

    Redesignated · 10 U.S.C. § 2925(a)(10)

    Pub. L. 112–81, § 2822(d)(3), added par. (10). Former par. (10) redesignated (11)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–81, § 2822(d)(3), added par. (10). Former par. (10) redesignated (11).

    Enacted provision · exact public law section
    (3) by inserting after paragraph (9) the following new paragraph: “(10) Details of utility outages at military installations including the total number and locations of outages, the financial impact of the outage, and measures taken to mitigate outages in the future at the affected location and across the Department of Defense.” .

13. 2011

    Military Construction Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 2824(b)(1) · 125 Stat. 1298

    Redesignated · 10 U.S.C. § 2925(a)(11)

    Pub. L. 112–81, § 2824(b)(1), redesignated par. (10) as (11). Former par. (11) redesignated (12)

    Source evidence

    Code amendment note
    Subsec. (a)(11). Pub. L. 112–81, § 2824(b)(1), redesignated par. (10) as (11). Former par. (11) redesignated (12).

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (4) through (11) as paragraphs (5) through (12), respectively; and

14. 2011

    Military Construction Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 2822(d)(2) · 125 Stat. 1298

    Redesignated · 10 U.S.C. § 2925(a)(11)

    Pub. L. 112–81, § 2822(d)(2), redesignated par. (10) as (11)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–81, § 2822(d)(2), redesignated par. (10) as (11).

    Enacted provision · exact public law section
    (2) by redesignating paragraph (10) as paragraph (11); and

15. 2011

    Military Construction Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 2824(b)(1) · 125 Stat. 1298

    Redesignated · 10 U.S.C. § 2925(a)(12)

    Pub. L. 112–81, § 2824(b)(1), redesignated par. (11) as (12)

    Source evidence

    Code amendment note
    Subsec. (a)(12). Pub. L. 112–81, § 2824(b)(1), redesignated par. (11) as (12).

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (4) through (11) as paragraphs (5) through (12), respectively; and

16. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 314(b)(2) · 125 Stat. 1298

    Redesignated · 10 U.S.C. § 2925(b)(2)(E)

    Pub. L. 112–81, § 314(b)(2), added subpar. (E). Former subpar. (E) redesignated (F)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(E). Pub. L. 112–81, § 314(b)(2), added subpar. (E). Former subpar. (E) redesignated (F).

    Enacted provision · exact public law section
    (2) by inserting after subparagraph (D) the following new subparagraph (E): “(E) A description of the alternative fuel initiatives of the Department of Defense, including funding and expenditures by account and activity for the preceding fiscal year, including funding made available in regular defense appropriations Acts and any supplemental appropriation Acts.” .

17. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 342(2) · 125 Stat. 1298

    Redesignated · 10 U.S.C. § 2925(b)(2)(F)

    Pub. L. 112–81, § 342(2), added subpar. (F). Former subpar. (F) redesignated (G)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(F). Pub. L. 112–81, § 342(2), added subpar. (F). Former subpar. (F) redesignated (G).

    Enacted provision · exact public law section
    (2) by inserting after subparagraph (E), as added by such section, the following new subparagraph (F): “(F) An evaluation of practices used in contingency operations during the previous fiscal year and potential improvements to such practices to reduce vulnerabilities associated with fuel convoys, including improvements in tent and structure efficiency, improvements in generator efficiency, and displacement of liquid fuels with on-site renewable energy generation. Such evaluation should identify challenges associated with the deployment of more efficient structures and equipment and renewable energy generation, and recommendations for overcoming such challenges.” .

18. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 314(b)(1) · 125 Stat. 1298

    Redesignated · 10 U.S.C. § 2925(b)(2)(F)

    Pub. L. 112–81, § 314(b)(1), redesignated subpar. (E) as (F)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–81, § 314(b)(1), redesignated subpar. (E) as (F).

    Enacted provision · exact public law section
    (1) by redesignating subparagraph (E) as subparagraph (F); and

19. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 342(1) · 125 Stat. 1298

    Redesignated · 10 U.S.C. § 2925(b)(2)(G)

    Pub. L. 112–81, § 342(1), redesignated subpar. (F) as (G)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(G). Pub. L. 112–81, § 342(1), redesignated subpar. (F) as (G).

    Enacted provision · exact public law section
    (1) by redesignating subparagraph (F), as redesignated by section 314, as subparagraph (G); and

20. 2011

    Military Construction Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 2821(b)(4) · 125 Stat. 1298

    Struck · 10 U.S.C. § 2925(b)(4)

    Pub. L. 112–81, § 2821(b)(4), struck out par. (4) which read as follows: “In this subsection, 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.”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 112–81, § 2821(b)(4), struck out par. (4) which read as follows: “In this subsection, 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.”

    Enacted provision · exact public law section
    (4) in section 2925(b), by striking paragraph (4).

21. 2013

    National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 § 1076(d)(6)(A) · 126 Stat. 1632

    Substituted · 10 U.S.C. § 2925(a)(1)

    Pub. L. 112–239, § 1076(d)(6)(A), substituted “section 553” for “section 533”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 112–239, § 1076(d)(6)(A), substituted “section 553” for “section 533”.

    Enacted provision · exact public law section
    (A) in subsection (a)(1), by striking “section 533” and inserting “section 553”; and

22. 2013

    National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 § 1076(c)(3)(A) · 126 Stat. 1632

    1. Substituted · 10 U.S.C. § 2925(b)(1)

       Pub. L. 112–239, § 1076(c)(3)(A), (d)(6)(B), substituted “Assistant Secretary of Defense for” for “Director of”

    2. Substituted · 10 U.S.C. § 2925(b)(1)

       Pub. L. 112–239, § 1076(c)(3)(A), (d)(6)(B), substituted “section 138c” for “section 139b”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 112–239, § 1076(c)(3)(A), (d)(6)(B), substituted “Assistant Secretary of Defense for” for “Director of” and “section 138c” for “section 139b”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “Director of” and inserting “Assistant Secretary of Defense for”; and

23. 2013

    National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 § 1076(c)(3)(B) · 126 Stat. 1632

    Substituted · 10 U.S.C. § 2925(b)(2)(G)

    Pub. L. 112–239, § 1076(c)(3)(B), substituted “Assistant Secretary” for “Director” in two places

    Source evidence

    Code amendment note
    Subsec. (b)(2)(G). Pub. L. 112–239, § 1076(c)(3)(B), substituted “Assistant Secretary” for “Director” in two places.

    Enacted provision · exact public law section
    (B) in paragraph (2)(G), by striking “Director” both places it appears and inserting “Assistant Secretary”.

24. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 div. A title IX § 901(k)(4) · 128 Stat. 3292

    Substituted · 10 U.S.C. § 2925(b)(1)

    Pub. L. 113–291 substituted “Energy, Installations, and Environment” for “Operational Energy Plans and Programs”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 113–291 substituted “Energy, Installations, and Environment” for “Operational Energy Plans and Programs”.

    Enacted provision · exact public law section
    (4) In section 2925(b), by striking “Operational Energy Plans and Programs” and inserting “Energy, Installations, and Environment”.

25. 2015

    National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 313(1) · 129 Stat. 726

    1. Redesignated · 10 U.S.C. § 2925(a)(4)

       Pub. L. 114–92, § 313(1), (2), redesignated par. (5) as (4)

    2. Struck · 10 U.S.C. § 2925(a)(4)

       Pub. L. 114–92, § 313(1), (2), struck out former par. (4) which read as follows: “In addition to the information contained in the table listing energy projects financed through third party financing mechanisms, as required by paragraph (3), the table also shall list any renewable energy certificates associated with each project, including information regarding whether the renewable energy certificates were bundled or unbundled, the purchasing authority for the renewable energy certificates, and the price of the associated renewable energy certificates.”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 114–92, § 313(1), (2), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “In addition to the information contained in the table listing energy projects financed through third party financing mechanisms, as required by paragraph (3), the table also shall list any renewable energy certificates associated with each project, including information regarding whether the renewable energy certificates were bundled or unbundled, the purchasing authority for the renewable energy certificates, and the price of the associated renewable energy certificates.”

    Enacted provision · exact public law section
    (1) by striking paragraphs (4) and (7);

26. 2015

    National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 313(2) · 129 Stat. 726

    Redesignated · 10 U.S.C. § 2925(a)(5); 10 U.S.C. § 2925(a)(6)

    Pub. L. 114–92, § 313(2), redesignated pars. (6) and (8) as (5) and (6), respectively. Former par. (5) redesignated (4)

    Source evidence

    Code amendment note
    Subsec. (a)(5), (6). Pub. L. 114–92, § 313(2), redesignated pars. (6) and (8) as (5) and (6), respectively. Former par. (5) redesignated (4).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (5), (6), (8), (9), (10), (11), and (12) as paragraphs (4), (5), (6), (7), (8), (9), and (10), respectively;

27. 2015

    National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 313(3) · 129 Stat. 726

    Amended · 10 U.S.C. § 2925(a)(7)

    Pub. L. 114–92, § 313(3), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “A description and estimate of the progress made by the military departments to meet the certification requirements for sustainable green-building standards in construction and major renovations as required by section 433 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 121 Stat. 1612).”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 114–92, § 313(3), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “A description and estimate of the progress made by the military departments to meet the certification requirements for sustainable green-building standards in construction and major renovations as required by section 433 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 121 Stat. 1612).”

    Enacted provision · exact public law section
    (3) by amending paragraph (7), as redesignated by paragraph (2) of this section, to read as follows: “(7) A description and estimate of the progress made by the military departments in meeting current high performance and sustainable building standards under the Unified Facilities Criteria.” ;

28. 2015

    National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 313(1) · 129 Stat. 726

    1. Redesignated · 10 U.S.C. § 2925(a)(7)

       Pub. L. 114–92, § 313(1), (2), redesignated par. (9) as (7)

    2. Struck · 10 U.S.C. § 2925(a)(7)

       Pub. L. 114–92, § 313(1), (2), struck out former par. (7) which read as follows: “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.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–92, § 313(1), (2), redesignated par. (9) as (7) and struck out former par. (7) which read as follows: “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.”

    Enacted provision · exact public law section
    (1) by striking paragraphs (4) and (7);

29. 2015

    National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 313(2) · 129 Stat. 726

    Redesignated · 10 U.S.C. § 2925(a)(8)

    Pub. L. 114–92, § 313(2), redesignated par. (10) as (8). Former par. (8) redesignated (6)

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 114–92, § 313(2), redesignated par. (10) as (8). Former par. (8) redesignated (6).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (5), (6), (8), (9), (10), (11), and (12) as paragraphs (4), (5), (6), (7), (8), (9), and (10), respectively;

30. 2015

    National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 313(4) · 129 Stat. 726

    Amended · 10 U.S.C. § 2925(a)(9)

    Pub. L. 114–92, § 313(4), amended par. (9) generally. Prior to amendment, par. (9) read as follows: “Details of utility outages at military installations including the total number and locations of outages, the financial impact of the outage, and measures taken to mitigate outages in the future at the affected location and across the Department of Defense.”

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 114–92, § 313(4), amended par. (9) generally. Prior to amendment, par. (9) read as follows: “Details of utility outages at military installations including the total number and locations of outages, the financial impact of the outage, and measures taken to mitigate outages in the future at the affected location and across the Department of Defense.”

    Enacted provision · exact public law section
    (4) by amending paragraph (9), as redesignated by such paragraph (2), to read as follows: “(9) Details of all commercial utility outages caused by threats and those caused by hazards at military installations that last eight hours or longer, whether or not the outage was mitigated by backup power, including non-commercial utility outages and Department of Defense-owned infrastructure, including the total number and location of outages, the financial impact of the outages, and measure taken to mitigate outages in the future at the affected locations and across the Department of Defense.” ; and

31. 2015

    National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 313(2) · 129 Stat. 726

    Redesignated · 10 U.S.C. § 2925(a)(9)

    Pub. L. 114–92, § 313(2) redesignated par. (11) as (9). Former par. (9) redesignated (7)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–92, § 313(2) redesignated par. (11) as (9). Former par. (9) redesignated (7).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (5), (6), (8), (9), (10), (11), and (12) as paragraphs (4), (5), (6), (7), (8), (9), and (10), respectively;

32. 2015

    National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 313(2) · 129 Stat. 726

    Redesignated · 10 U.S.C. § 2925(a)(10)

    Pub. L. 114–92, § 313(2), redesignated par. (12) as (10). Former par. (10) redesignated (8)

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 114–92, § 313(2), redesignated par. (12) as (10). Former par. (10) redesignated (8).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (5), (6), (8), (9), (10), (11), and (12) as paragraphs (4), (5), (6), (7), (8), (9), and (10), respectively;

33. 2015

    National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 313(5) · 129 Stat. 726

    Redesignated · 10 U.S.C. § 2925(a)(11)

    Pub. L. 114–92, § 313(5) added par. (11). Former par. (11) redesignated (9)

    Source evidence

    Code amendment note
    Subsec. (a)(11). Pub. L. 114–92, § 313(5) added par. (11). Former par. (11) redesignated (9).

    Enacted provision · exact public law section
    (5) by adding at the end the following new paragraph: “(11) At the discretion of the Secretary of Defense, a classified annex, as appropriate.” .

34. 2015

    National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 § 313(2) · 129 Stat. 726

    Redesignated · 10 U.S.C. § 2925(a)(12)

    Pub. L. 114–92, § 313(2), redesignated par. (12) as (10)

    Source evidence

    Code amendment note
    Subsec. (a)(12). Pub. L. 114–92, § 313(2), redesignated par. (12) as (10).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (5), (6), (8), (9), (10), (11), and (12) as paragraphs (4), (5), (6), (7), (8), (9), and (10), respectively;

35. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 311(1) · 130 Stat. 2000

    Inserted · 10 U.S.C. § 2925(a)

    Pub. L. 114–328, § 311(1), inserted “, Resiliency, and Mission Assurance” after “Annual Report Related to Installations Energy Management” in heading

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 114–328, § 311(1), inserted “, Resiliency, and Mission Assurance” after “Annual Report Related to Installations Energy Management” in heading.

    Enacted provision · exact public law section
    (1) in the subsection heading, by inserting “, Resiliency, and Mission Assurance” after “Annual Report Related to Installations Energy Management”;

36. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 311(2) · 130 Stat. 2000

    1. Added · 10 U.S.C. § 2925(a)(2)(11)

       Pub. L. 114–328, § 311(2)–(4), added par. (2)

    2. Redesignated · 10 U.S.C. § 2925(a)(2)(11)

       Pub. L. 114–328, § 311(2)–(4), redesignated pars. (9) and (11) as pars. (3) and (4), respectively

    3. Struck · 10 U.S.C. § 2925(a)(2)(11)

       Pub. L. 114–328, § 311(2)–(4), struck out former pars. (2) to (8) and (10), which required various tables and descriptions in reports

    Source evidence

    Code amendment note
    Subsec. (a)(2) to (11). Pub. L. 114–328, § 311(2)–(4), added par. (2), redesignated pars. (9) and (11) as pars. (3) and (4), respectively, and struck out former pars. (2) to (8) and (10), which required various tables and descriptions in reports.

    Enacted provision · exact public law section
    (2) by striking paragraphs (2), (3), (4), (5), (6), (7), (8), and (10);

37. 2017

    Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2831(c)(7)(A) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 2925(a)

    Pub. L. 115–91, § 2831(c)(7)(A), substituted “Energy Resilience” for “Resiliency” in heading

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–91, § 2831(c)(7)(A), substituted “Energy Resilience” for “Resiliency” in heading.

    Enacted provision · exact public law section
    (A) in the heading, by striking “Resiliency” and inserting “Energy Resilience”; and

38. 2017

    Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2836(1) · 131 Stat. 1283

    Inserted · 10 U.S.C. § 2925(a)(1)

    Pub. L. 115–91, § 2836(1), inserted “, including progress on energy resilience at military installations according to metrics developed by the Secretary” before period at end

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 115–91, § 2836(1), inserted “, including progress on energy resilience at military installations according to metrics developed by the Secretary” before period at end.

    Enacted provision · exact public law section
    (1) in paragraph (1), by inserting before the period at the end the following: “, including progress on energy resilience at military installations according to metrics developed by the Secretary”;

39. 2017

    Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2831(c)(7)(B) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 2925(a)(1)

    Pub. L. 115–91, § 2831(c)(7)(B), substituted “2911(g)” for “2911(e)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–91, § 2831(c)(7)(B), substituted “2911(g)” for “2911(e)”.

    Enacted provision · exact public law section
    (B) in paragraph (1), by striking “2911(e)” and inserting “2911(g)”.

40. 2017

    Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2836(2) · 131 Stat. 1283

    Amended · 10 U.S.C. § 2925(a)(3)

    Pub. L. 115–91, § 2836(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Details of all commercial utility outages caused by threats and those caused by hazards at military installations that last eight hours or longer, whether or not the outage was mitigated by backup power, including non-commercial utility outages and Department of Defense-owned infrastructure, including the total number and location of outages, the financial impact of the outages, and measure taken to mitigate outages in the future at the affected locations and across the Department of Defense.”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 115–91, § 2836(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Details of all commercial utility outages caused by threats and those caused by hazards at military installations that last eight hours or longer, whether or not the outage was mitigated by backup power, including non-commercial utility outages and Department of Defense-owned infrastructure, including the total number and location of outages, the financial impact of the outages, and measure taken to mitigate outages in the future at the affected locations and across the Department of Defense.”

    Enacted provision · exact public law section
    (2) by amending paragraph (3) to read as follows: “(3) Details of all utility outages impacting energy resilience at military installations (excluding planned outages for maintenance reasons), whether caused by on- or off-installation disruptions, including the total number and location of outage, the duration of the outage, the financial impact of the outage, whether or not the mission was impacted, the mission requirements associated with disruption tolerances based on risk to mission, the responsible authority managing the utility, and measure taken to mitigate the outage by the responsible authority.” ;

41. 2017

    Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2836(3) · 131 Stat. 1283

    1. Added · 10 U.S.C. § 2925(a)(4); 10 U.S.C. § 2925(a)(5)

       Pub. L. 115–91, § 2836(3), (4), added par. (4)

    2. Redesignated · 10 U.S.C. § 2925(a)(4); 10 U.S.C. § 2925(a)(5)

       Pub. L. 115–91, § 2836(3), (4), redesignated former par. (4) as (5)

    Source evidence

    Code amendment note
    Subsec. (a)(4), (5). Pub. L. 115–91, § 2836(3), (4), added par. (4) and redesignated former par. (4) as (5).

    Enacted provision · exact public law section
    (3) by redesignating paragraph (4) as paragraph (5); and

42. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 1081(a)(48) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 2925(b)(1)

    Pub. L. 115–91, § 1081(a)(48), substituted “section 2926(b)” for “section 138c”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 115–91, § 1081(a)(48), substituted “section 2926(b)” for “section 138c”.

    Enacted provision · exact public law section
    (48) Section 2925(b)(1) is amended by striking “section 138c” and inserting “section 2926(b)”.

43. 2018

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

    Pub. L. 115–232 § 312(c)(1) · 132 Stat. 1636

    Inserted · 10 U.S.C. § 2925(a)

    Pub. L. 115–232, § 312(c)(1), inserted “, including progress on energy resilience at military installations according to metrics developed by the Secretary” after “under section 2911 of this title” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–232, § 312(c)(1), inserted “, including progress on energy resilience at military installations according to metrics developed by the Secretary” after “under section 2911 of this title” in introductory provisions.

    Enacted provision · exact public law section
    (1) by inserting “, including progress on energy resilience at military installations according to metrics developed by the Secretary” after “under section 2911 of this title”;

44. 2018

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

    Pub. L. 115–232 § 312(c)(2) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 2925(a)(3)

    Pub. L. 115–232, § 312(c)(2), substituted “the downtimes (in minutes or hours) these missions can afford based on their mission requirements and risk tolerances” for “the mission requirements associated with disruption tolerances based on risk to mission”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 115–232, § 312(c)(2), substituted “the downtimes (in minutes or hours) these missions can afford based on their mission requirements and risk tolerances” for “the mission requirements associated with disruption tolerances based on risk to mission”.

    Enacted provision · exact public law section
    (2) in paragraph (3), by striking “the mission requirements associated with disruption tolerances based on risk to mission” and inserting “the downtimes (in minutes or hours) these missions can afford based on their mission requirements and risk tolerances”;

45. 2018

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

    Pub. L. 115–232 § 312(c)(3) · 132 Stat. 1636

    Inserted · 10 U.S.C. § 2925(a)(4)

    Pub. L. 115–232, § 312(c)(3), inserted “(including critical energy loads in megawatts and the associated downtime tolerances for critical energy loads)” after “energy requirements and critical energy requirements” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 115–232, § 312(c)(3), inserted “(including critical energy loads in megawatts and the associated downtime tolerances for critical energy loads)” after “energy requirements and critical energy requirements” in introductory provisions.

    Enacted provision · exact public law section
    (3) in paragraph (4), by inserting “(including critical energy loads in megawatts and the associated downtime tolerances for critical energy loads)” after “energy requirements and critical energy requirements”;

46. 2018

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

    Pub. L. 115–232 § 312(c)(4) · 132 Stat. 1636

    1. Added · 10 U.S.C. § 2925(a)(5)(7)

       Pub. L. 115–232, § 312(c)(4), (5), added pars. (5) and (6)

    2. Redesignated · 10 U.S.C. § 2925(a)(5)(7)

       Pub. L. 115–232, § 312(c)(4), (5), redesignated former par. (5) as (7)

    Source evidence

    Code amendment note
    Subsec. (a)(5) to (7). Pub. L. 115–232, § 312(c)(4), (5), added pars. (5) and (6) and redesignated former par. (5) as (7).

    Enacted provision · exact public law section
    (4) by redesignating paragraph (5) as paragraph (7); and

47. 2018

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

    Pub. L. 115–232 § 314(b)(1) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 2925(b)(1)

    Pub. L. 115–232, § 314(b)(1), substituted “section 2926(d)” for “section 2926(b)”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 115–232, § 314(b)(1), substituted “section 2926(d)” for “section 2926(b)”.

    Enacted provision · exact public law section
    (1) Section 2925(b)(1) of title 10, United States Code, is amended by striking “section 2926(b)” and inserting “section 2926(d)”.

48. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 319(a)(1) · 133 Stat. 1198

    Inserted · 10 U.S.C. § 2925(a)

    Pub. L. 116–92, § 319(a)(1), (2), inserted “and Readiness” after “Mission Assurance” in heading and “The Secretary shall ensure that mission operators of critical facilities provide to personnel of military installations any information necessary for the completion of such report.” after “by the Secretary.” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–92, § 319(a)(1), (2), inserted “and Readiness” after “Mission Assurance” in heading and “The Secretary shall ensure that mission operators of critical facilities provide to personnel of military installations any information necessary for the completion of such report.” after “by the Secretary.” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the subsection heading, by inserting “and Readiness” after “Mission Assurance”;

49. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 320(a)(2)(B) · 133 Stat. 1198

    Substituted · 10 U.S.C. § 2925(a)(3)

    Pub. L. 116–92, § 320(a)(2)(B), substituted “degrading energy resilience at military installations (excluding planned outages for maintenance reasons), whether caused by on- or off-installation disruptions, including the total number of outages and their locations, the duration of each outage, the financial effect of each outage, whether or not the mission was affected, the downtimes (in minutes or hours) the mission can afford based on mission requirements and risk tolerances, the responsible authority managing the utility, and measures taken to mitigate the outage by the responsible authority.” for “impacting energy resilience at military installations (excluding planned outages for maintenance reasons), whether caused by on- or off-installation disruptions, including the total number and location of outage, the duration of the outage, the financial impact of the outage, whether or not the mission was impacted, the downtimes (in minutes or hours) these missions can afford based on their mission requirements and risk tolerances, the responsible authority managing the utility, and measure taken to mitigate the outage by the responsible authority.”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 116–92, § 320(a)(2)(B), substituted “degrading energy resilience at military installations (excluding planned outages for maintenance reasons), whether caused by on- or off-installation disruptions, including the total number of outages and their locations, the duration of each outage, the financial effect of each outage, whether or not the mission was affected, the downtimes (in minutes or hours) the mission can afford based on mission requirements and risk tolerances, the responsible authority managing the utility, and measures taken to mitigate the outage by the responsible authority.” for “impacting energy resilience at military installations (excluding planned outages for maintenance reasons), whether caused by on- or off-installation disruptions, including the total number and location of outage, the duration of the outage, the financial impact of the outage, whether or not the mission was impacted, the downtimes (in minutes or hours) these missions can afford based on their mission requirements and risk tolerances, the responsible authority managing the utility, and measure taken to mitigate the outage by the responsible authority.”

    Enacted provision · exact public law section
    (B) in section 2925(a)(3), by striking “impacting energy” and all that follows through the period at the end and inserting “degrading energy resilience at military installations (excluding planned outages for maintenance reasons), whether caused by on- or off-installation disruptions, including the total number of outages and their locations, the duration of each outage, the financial effect of each outage, whether or not the mission was affected, the downtimes (in minutes or hours) the mission can afford based on mission requirements and risk tolerances, the responsible authority managing the utility, and measures taken to mitigate the outage by the responsible authority.”.

50. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 319(a)(3) · 133 Stat. 1198

    Substituted · 10 U.S.C. § 2925(a)(4)

    Pub. L. 116–92, § 319(a)(3), substituted “electric and thermal loads” for “megawatts” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 116–92, § 319(a)(3), substituted “electric and thermal loads” for “megawatts” in introductory provisions.

    Enacted provision · exact public law section
    (3) in paragraph (4), in the matter preceding subparagraph (A), by striking “megawatts” and inserting “electric and thermal loads”; and

51. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 319(a)(4) · 133 Stat. 1198

    Substituted · 10 U.S.C. § 2925(a)(5)

    Pub. L. 116–92, § 319(a)(4), substituted “electric and thermal loads” for “megawatts”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 116–92, § 319(a)(4), substituted “electric and thermal loads” for “megawatts”.

    Enacted provision · exact public law section
    (4) in paragraph (5), by striking “megawatts” and inserting “electric and thermal loads”.

52. 2021

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

    Pub. L. 116–283 § 336(a)(2) · 134 Stat. 3388

    Redesignated · 10 U.S.C. § 2925(a)(7)

    Pub. L. 116–283, § 336(a)(2), added par. (7). Former par. (7) redesignated (8), then (10)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 116–283, § 336(a)(2), added par. (7). Former par. (7) redesignated (8), then (10).

    Enacted provision · exact public law section
    (2) by inserting after paragraph (6) the following new paragraph: “(7) A description of the use of energy savings performance contracts (in this paragraph referred to as ‘ESPCs’) by the Department of Defense, including— “(A) the total investment value of the total number of ESPCs per service for the previous five fiscal years; “(B) the location of facilities with ESPCs for the previous five fiscal years; “(C) any limitations on expanding ESPCs throughout the Department of Defense; “(D) the effect ESPCs have on military readiness; and “(E) any additional information the Secretary determines relevant.” .

    Effective date note
    Pub. L. 116–283, div. A, title III, § 336(b), Jan. 1, 2021, 134 Stat. 3533, provided that: “The reporting requirement under paragraph (7) of section 2925(a) of title 10, United States Code, as added by subsection (a) of this section, applies to reports submitted under such section 2925 for fiscal year 2021 and thereafter.”

53. 2021

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

    Pub. L. 116–283 § 336(a)(1) · 134 Stat. 3388

    Redesignated · 10 U.S.C. § 2925(a)(8)

    Pub. L. 116–283, § 336(a)(1), redesignated par. (7) as (8), which was subsequently redesignated (10)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 336(a)(1), redesignated par. (7) as (8), which was subsequently redesignated (10).

    Enacted provision · exact public law section
    (1) by redesignating paragraph (7) as paragraph (8); and

    Effective date note
    Pub. L. 116–283, div. A, title III, § 336(b), Jan. 1, 2021, 134 Stat. 3533, provided that: “The reporting requirement under paragraph (7) of section 2925(a) of title 10, United States Code, as added by subsection (a) of this section, applies to reports submitted under such section 2925 for fiscal year 2021 and thereafter.”

54. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 311(i)(1)(B) · 135 Stat. 1541

    Redesignated · 10 U.S.C. § 2925(a)(8)

    Pub. L. 117–81, § 311(i)(1)(B), added par. (8). Former par. (8) redesignated (10)

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 117–81, § 311(i)(1)(B), added par. (8). Former par. (8) redesignated (10).

    Enacted provision · exact public law section
    (B) by inserting after paragraph (7) the following new paragraphs: “(8) A description of the effects on military readiness, and an estimate of the financial costs to the Department of Defense, reasonably attributed to adverse impacts to military installation resilience during the year preceding the submission of the report, including loss of or damage to military networks, systems, installations, facilities, and other assets and capabilities of the Department. “(9) An assessment of vulnerabilities to military installation resilience.” .

55. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 div. A title III § 311(i)(1) · 135 Stat. 1541

    1. Added · 10 U.S.C. § 2925(a)(9); 10 U.S.C. § 2925(a)(10)

       Pub. L. 117–81 added par. (9)

    2. Redesignated · 10 U.S.C. § 2925(a)(9); 10 U.S.C. § 2925(a)(10)

       Pub. L. 117–81 redesignated par. (8) as (10)

    Source evidence

    Code amendment note
    Subsec. (a)(9), (10). Pub. L. 117–81 added par. (9) and redesignated par. (8) as (10).

    Enacted provision · exact public law section
    (1) Modification.— Section 2925(a) of title 10, United States Code, is amended— (A) by redesignating paragraph (8) as paragraph (10); and (B) by inserting after paragraph (7) the following new paragraphs: “(8) A description of the effects on military readiness, and an estimate of the financial costs to the Department of Defense, reasonably attributed to adverse impacts to military installation resilience during the year preceding the submission of the report, including loss of or damage to military networks, systems, installations, facilities, and other assets and capabilities of the Department. “(9) An assessment of vulnerabilities to military installation resilience.” .

56. 2022

    James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 § 314(b)(1)(B) · 136 Stat. 2395

    1. Added · 10 U.S.C. § 2925

       Pub. L. 117–263, § 314(b)(1)(B), added subsecs. (a) to (d)

    2. Struck · 10 U.S.C. § 2925

       Pub. L. 117–263, § 314(b)(1)(B), struck out former subsecs. (a) and (b) which related to annual report related to installations energy management, energy resilience, and mission assurance and readiness and annual report related to operational energy, respectively

    Source evidence

    Code amendment note
    Pub. L. 117–263, § 314(b)(1)(B), added subsecs. (a) to (d) and struck out former subsecs. (a) and (b) which related to annual report related to installations energy management, energy resilience, and mission assurance and readiness and annual report related to operational energy, respectively.

    Enacted provision · exact public law section
    (B) by striking subsections (a) and (b) and inserting the following new subsections: “(a) Report Required.— Not later than 240 days after the end of each fiscal year, the Secretary of Defense shall submit to the congressional defense committees a report detailing the fulfillment during that fiscal year of the authorities and requirements under sections 2688, 2911, 2912, 2920, and 2926 of this title, including progress on energy resilience at military installations and the use of operational energy in combat platforms and at contingency locations. “(b) Elements.— Each report under subsection (a) shall include the following: “(1) For the year covered by the report, the following: “(A) A description of the progress made to achieve the goals of the Energy Policy Act of 2005 (Public Law 109–58), section 2911(g) of this title, and the Energy Independence and Security Act of 2007 (Public Law 110–140). “(B) A description of the energy savings, return on investment, and enhancements to installation mission assurance realized by the fulfillment of the goals described in subparagraph (A). “(C) A description of and progress toward the energy security, resilience, and performance goals and master planning for the Department of Defense, including associated metrics pursuant to subsections (c) and (d) of section 2911 of this title and requirements under section 2688(g) of this title. “(D) An evaluation of progress made by the Department in implementing the operational energy strategy of the Department, including the progress of key initiatives and technology investments related to operational energy demand and management. “(E) Details of the amounts of any funds transferred by the Secretary of Defense pursuant to section 2912 of this title, including a detailed description of the purpose for which such amounts have been used. “(2) Statistical information on operational energy demands of the Department, in terms of expenditures and consumption, for the preceding five fiscal years, including information on funding made available in regular defense appropriations Acts and any supplemental appropriations Acts. “(3) Summary. Time periods. A description of each initiative related to the operational energy strategy of the Department and a summary of funds appropriated for each initiative in the previous fiscal year and current fiscal year and requested for each initiative for the next five fiscal years. “(4) Recommenda- tions. Such recommendations as the Secretary considers appropriate for additional changes in organization or authority within the Department to enable further implementation of the energy strategy and such other comments and recommendations as the Secretary considers appropriate. “(c) Classified Form.— If a report under subsection (a) is submitted in classified form, the Secretary of Defense shall, concurrently with such report, submit to the congressional defense committees an unclassified version of the report. “(d) Consolidation.— The Secretary of Defense may consolidate, attach with, or otherwise include in any report required under subsection (a) any annual report or other requirement that is aligned or associated with, or would be better understood if presented as part of a consolidated report addressing energy performance, resilience, and readiness.” .

57. 2022

    James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 § 314(b)(1)(A) · 136 Stat. 2395

    Substituted · 10 U.S.C. § 2925

    Pub. L. 117–263, § 314(b)(1)(A), substituted “Annual report on energy performance, resilience, and readiness of Department of Defense” for “Annual Department of Defense energy management reports” in section catchline

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 117–263, § 314(b)(1)(A), substituted “Annual report on energy performance, resilience, and readiness of Department of Defense” for “Annual Department of Defense energy management reports” in section catchline.

    Enacted provision · exact public law section
    (A) by amending the section heading to read as follows: “Annual report on energy performance, resilience, and readiness of Department of Defense”; and

70 of 70 references resolved to an enrolled provision