10 U.S.C. § 2914 (ARMED FORCES)
§ 2914. Energy resiliency 1 and conservation construction projects
(a) Projects Authorized.—
The Secretary of Defense may carry out a military construction project for energy resilience, energy security, or energy conservation, not previously authorized, using funds appropriated or otherwise made available for that purpose.
(b) Congressional Notification.—
(1) When a decision is made to carry out a project under this section, the Secretary of Defense shall notify the appropriate committees of Congress of that decision. The project may then be carried out only after the end of the 14-day period beginning on the date the notification is received by such committees in an electronic medium pursuant to section 480 of this title.
(2) The Secretary of Defense shall include in each notification submitted under paragraph (1) the following information:
(A) In the case of a military construction project for energy conservation, the justification and current cost estimate for the project, the expected savings-to-investment ratio, simple payback estimates, and the project’s measurement and verification cost estimate.
(B) In the case of a military construction project for energy resilience or energy security, the rationale for how the project would enhance mission assurance, support mission critical functions, and address known vulnerabilities.
(c) Annual Report.—
Not later than 90 days after the end of each fiscal year (beginning with fiscal year 2017), the Secretary of Defense shall submit to the appropriate committees of Congress a report on the status of the planned and active projects carried out under this section (including completed projects), and shall include in the report with respect to each such project the following information:
(1) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate.
(2) In the case of a military construction project for energy conservation—
(A) the original expected savings-to-investment ratio and simple payback estimates and measurement and verification cost estimate;
(B) the most current expected savings-to-investment ratio and simple payback estimates and measurement and verification plan and costs; and
(C) a brief description of the measurement and verification plan and planned funding source.
(3) In the case of a military construction project for energy resilience or energy security, the rationale for how the project would enhance mission assurance, support mission critical functions, and address known vulnerabilities.
(4) Such other information as the Secretary considers appropriate.
(Added Pub. L. 109–364, div. B, title XXVIII, § 2851(a)(1), Oct. 17, 2006, 120 Stat. 2493; amended Pub. L. 114–328, div. B, title XXVIII, § 2805(a)(1), (b)(1)(A), (2), Dec. 23, 2016, 130 Stat. 2713, 2714; Pub. L. 115–91, div. B, title XXVIII, §§ 2801(e)(1), 2831(c)(1), Dec. 12, 2017, 131 Stat. 1845, 1857.)
heading: Amendments
text: 2017—Pub. L. 115–91, § 2831(c)(1), substituted “energy resilience” for “energy resiliency” wherever appearing in text.
Subsec. (b)(1). Pub. L. 115–91, § 2801(e)(1), struck out “in writing” after “shall notify” and “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided” after “received by such committees” and substituted “14-day period” for “21-day period”.
2016—Pub. L. 114–328, § 2805(a)(1)(A), inserted “resiliency and” before “conservation construction projects” in section catchline. Text quoted in directory language of amendment was editorially conformed to the style of the catchline.
Subsec. (a). Pub. L. 114–328, § 2805(a)(1)(B), substituted “military construction project for energy resiliency, energy security, or energy conservation” for “military construction project for energy conservation”.
Subsec. (b). Pub. L. 114–328, § 2805(b)(1)(A), designated existing provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 114–328, § 2805(b)(2), added subsec. (c).
heading: Effective Date of 2016 Amendment
text: Pub. L. 114–328, div. B, title XXVIII, § 2805(b)(1)(B), Dec. 23, 2016, 130 Stat. 2714, provided that: “The amendment made by subparagraph (A) [amending this section] shall apply with respect to notifications provided during fiscal year 2017 or any succeeding fiscal year.”