H. R. 2647—489 
SEC. 2836. COMPLIANCE WITH NAVAL AVIATION SAFETY REQUIRE-
MENTS AS CONDITION ON ACCEPTANCE OF REPLACE-
MENT FACILITY FOR MARINE CORPS AIR STATION, 
FUTENMA, OKINAWA. 
(a) IN GENERAL.—The Secretary of Defense may not accept, 
or authorize any other official of the Department of Defense to 
accept, a replacement facility in Okinawa for air operations con-
ducted at Marine Corps Air Station, Futenma, Okinawa until the 
Secretary reports to the congressional defense committees that the 
replacement facility and its planned operating procedures are con-
sistent with naval aviation safety requirements. 
(b) EXERCISE OF WAIVER AUTHORITIES.— 
(1) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed as preventing the Secretary from exercising 
existing waiver authorities provided the Secretary first deter-
mines the waiver is necessary in the interest of national 
defense. 
(2) REQUIRED REPORTING OF EFFORTS.—The report specified 
under subsection (a) shall clearly identify efforts made to miti-
gate deviations from criteria in the planning and construction 
of the replacement facility described in such subsection. 
SEC. 2837. REPORT AND SENSE OF CONGRESS ON MARINE CORPS 
REQUIREMENTS IN ASIA-PACIFIC REGION. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the training 
and readiness requirements necessary for Marine Forces Pacific, 
the field command of the Marine Corps within the United States 
Pacific Command. 
(b) CONTENTS
OF REPORT.—The report required under sub-
section (a) shall contain each of the following: 
(1) A description of the units of the Marine Corps expected 
to be assigned or realigned on a permanent or temporary basis 
to Marine Forces Pacific, including the type of unit, the 
organizational element, the current location of the unit, and 
proposed location for the unit. 
(2) A description of the training requirements necessary 
to sustain the current and planned realignment of forces speci-
fied in paragraph (1). 
(3) A description of the strategic- and tactical-lift require-
ments associated with the training, operational readiness, and 
movement of Marine Forces Pacific, including programming 
information regarding the intent of the Department of Defense 
to eliminate deficiencies in the strategic-lift capabilities. 
(c) SENSE
OF CONGRESS.—It is the sense of Congress that 
an evaluation of training and readiness requirements for Marine 
Forces Pacific— 
(1) should be conducted and completed as soon as possible; 
(2) should include an analysis that, at a minimum, reviews 
the capabilities required to support the training, operational 
readiness, and movement of Marine Air-Ground Task Force; 
and 
(3) should not impact the implementation of the recently 
signed international agreement entitled ‘‘Agreement between 
the Government of the United States of America and the 
Government of Japan concerning the Implementation of the
H. R. 2647—490 
Relocation of the III Marine Expeditionary Force Personnel 
and their Dependents from Okinawa to Guam’’. 
Subtitle D—Energy Security 
SEC. 2841. ADOPTION OF UNIFIED ENERGY MONITORING AND UTILITY 
CONTROL 
SYSTEM 
SPECIFICATION 
FOR 
MILITARY 
CONSTRUCTION AND MILITARY FAMILY HOUSING ACTIVI-
TIES. 
(a) ADOPTION REQUIRED.— 
(1) IN GENERAL.—Subchapter III of chapter 169 of title 
10, United States Code, is amended by inserting after section 
2866 the following new section: 
‘‘§ 2867. Energy monitoring and utility control system speci-
fication for military construction and military 
family housing activities 
‘‘(a) ADOPTION OF DEPARTMENT-WIDE, OPEN PROTOCOL, ENERGY 
MONITORING
AND UTILITY CONTROL SYSTEM SPECIFICATION.—(1) 
The Secretary of Defense shall adopt an open protocol energy moni-
toring and utility control system specification for use throughout 
the Department of Defense in connection with a military construc-
tion project, military family housing activity, or other activity under 
this chapter for the purpose of monitoring and controlling, with 
respect to the project or activity, the items specified in paragraph 
(2) with the goal of establishing installation-wide energy monitoring 
and utility control systems. 
‘‘(2) The energy monitoring and utility control system specifica-
tion required by paragraph (1) shall cover the following: 
‘‘(A) Utilities and energy usage, including electricity, gas, 
steam, and water usage. 
‘‘(B) Indoor environments, including temperature and 
humidity levels. 
‘‘(C) Heating, ventilation, and cooling components. 
‘‘(D) Central plant equipment. 
‘‘(E) Renewable energy generation systems. 
‘‘(F) Lighting systems. 
‘‘(G) Power distribution networks. 
‘‘(b) EXCLUSION.—(1) The energy monitoring and utility control 
system specification required by subsection (a) is not required to 
apply to projects carried out under the authority provided in sub-
chapter IV of chapter 169 of this title. 
‘‘(2) The Secretary concerned may waive the application of 
the energy monitoring and utility control system specification 
required by subsection (a) with respect to a specific military 
construction project, military family housing activity, or other 
activity under this chapter if the Secretary determines that the 
application of the specification to the project or activity is not 
life cycle cost-effective. The Secretary concerned shall notify the 
congressional defense committees of any waiver granted under this 
paragraph.’’.
H. R. 2647—491 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter III is amended by inserting after the 
item relating to section 2866 the following new item: 
‘‘2867. Energy monitoring and utility control system specification for military con-
struction and military family housing activities.’’. 
(3) DEADLINE FOR ADOPTION.—The Secretary of Defense 
shall adopt the open protocol energy monitoring and utility 
control system specification required by section 2867 of title 
10, United States Code, as added by paragraph (1), not later 
than 180 days after the date of the enactment of this Act. 
(b) REPORTING REQUIREMENT.—Not later than 180 days after 
the date of the enactment of the Act, the Secretary of Defense 
shall submit to the congressional defense committees a report con-
taining the following items: 
(1) A contract specification that will implement the open 
protocol energy monitoring and utility control system specifica-
tion required by section 2867 of title 10, United States Code, 
as added by subsection (a). 
(2) A description of the method to ensure compliance of 
the Department of Defense information assurance certification 
and accreditation process. 
(3) A plan and expected timetable for integration of the 
standard with the energy monitoring and utility control sys-
tems. 
(4) A list of the justifications and authorizations provided 
by the Department, pursuant to Federal Acquisition Regulation 
Chapter 6.3, relating to Other Than Full and Open Competition, 
for energy monitoring and utility control systems during fiscal 
year 2009. 
SEC. 2842. DEPARTMENT OF DEFENSE GOAL REGARDING USE OF 
RENEWABLE ENERGY SOURCES TO MEET FACILITY 
ENERGY NEEDS. 
(a) FACILITY BASIS OF GOAL.—Subsection (e) of section 2911 
of title 10, United States Code, is amended— 
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; 
(2) in subparagraph (A) (as so redesignated)— 
(A) by striking ‘‘electric energy’’ and inserting ‘‘facility 
energy’’; 
(B) by striking ‘‘and in its activities’’; and 
(C) by striking ‘‘(as defined in section 203(b) of the 
Energy Policy Act of 2005 (42 U.S.C. 15852(b)))’’; and 
(3) in subparagraph (B) (as so redesignated), by striking 
‘‘electric energy’’ and inserting ‘‘facility energy’’. 
(b) DEFINITION OF RENEWABLE ENERGY SOURCE.—Such sub-
section is further amended— 
(1) by striking ‘‘It shall be’’ and inserting ‘‘(1) It shall 
be’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) In this subsection, the term ‘renewable energy source’ 
means energy generated from renewable sources, including the 
following: 
‘‘(A) Solar. 
‘‘(B) Wind. 
‘‘(C) Biomass. 
‘‘(D) Landfill gas.
H. R. 2647—492 
‘‘(E) Ocean, including tidal, wave, current, and thermal. 
‘‘(F) Geothermal, including electricity and heat pumps. 
‘‘(G) Municipal solid waste. 
‘‘(H) New hydroelectric generation capacity achieved from 
increased efficiency or additions of new capacity at an existing 
hydroelectric project. For purposes of this subparagraph, hydro-
electric generation capacity is ‘new’ if it was placed in service 
on or after January 1, 1999. 
‘‘(I) Thermal energy generated by any of the preceding 
sources.’’. 
(c) CLERICAL AMENDMENT.—The heading of such subsection 
is amended by striking ‘‘ELECTRICITY
NEEDS’’ and inserting 
‘‘FACILITY ENERGY NEEDS’’. 
SEC. 2843. DEPARTMENT OF DEFENSE PARTICIPATION IN PROGRAMS 
FOR MANAGEMENT OF ENERGY DEMAND OR REDUCTION 
OF ENERGY USAGE DURING PEAK PERIODS. 
(a) IN GENERAL.—Subchapter I of chapter 173 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
‘‘§ 2919. Department of Defense participation in programs 
for management of energy demand or reduction 
of energy usage during peak periods 
‘‘(a) PARTICIPATION IN DEMAND RESPONSE OR LOAD MANAGE-
MENT PROGRAMS.—The Secretary of Defense, the Secretaries of 
the military departments, the heads of the Defense Agencies, and 
the heads of other instrumentalities of the Department of Defense 
are authorized to participate in demand response programs for 
the management of energy demand or the reduction of energy 
usage during peak periods conducted by any of the following parties: 
‘‘(1) An electric utility. 
‘‘(2) An independent system operator. 
‘‘(3) A State agency. 
‘‘(4) A third party entity (such as a demand response 
aggregator or curtailment service provider) implementing 
demand response programs on behalf of an electric utility, 
independent system operator, or State agency. 
‘‘(b) TREATMENT OF CERTAIN FINANCIAL INCENTIVES.—Financial 
incentives received from an entity specified in subsection (a) shall 
be— 
‘‘(1) received as a cost reduction in the utility bill for 
a facility; or 
‘‘(2) deposited into the fund established under subsection 
(c) for use, to the extent provided for in an appropriations 
Act, by the military department, Defense Agency, or instrumen-
tality receiving such financial incentive for energy management 
initiatives. 
‘‘(c) ENERGY SAVINGS FINANCIAL INCENTIVES FUND.—There is 
established in the Treasury a fund to be known as the ‘Energy 
Savings Financial Incentives Fund’. The Fund shall consist of any 
amount deposited in the Fund pursuant to subsection (b)(2) and 
amounts appropriated or otherwise made available to the Fund 
by law.’’.