10 U.S.C. § 2914 (ARMED FORCES)
§ 2914. Military construction projects for energy resilience, energy security, and energy conservation
(a) Project Authorization Required.—
The Secretary of Defense may carry out such military construction projects for energy resilience, energy security, and energy conservation as are authorized by law, using funds appropriated or otherwise made available for that purpose.
(b) Submission of Project Proposals.—
(1) As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by subsection (a), the Secretary of Defense shall include the following information:
(A) The project title.
(B) The location of the project.
(C) A brief description of the scope of work.
(D) The original project cost estimate and the current working cost estimate, if different.
(E) Such other information as the Secretary considers appropriate.
(2) In the case of a military construction project for energy conservation, the Secretary also shall include the following information:
(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.
(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 Secretary also shall include the rationale for how the project would enhance mission assurance, support mission critical functions, and address known vulnerabilities.
(c) Relation to Certain Other Authorities.—
A project under this section may include—
(1) activities related to a utility system authorized under subsections (h), (j), and (k) of section 2688 or section 2913 of this title, notwithstanding that the United States does not own the utility system covered by the project; and
(2) energy-related activities included as a separate requirement in an energy savings performance contract (as defined in section 804(3) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(3))).
(d) Application to Military Construction Projects.—
This section shall apply to military construction projects covered by subsection (a) for which a Department of Defense Form 1391 is submitted to the appropriate committees of Congress in connection with the budget of the Department of Defense for fiscal year 2023 and thereafter.
(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; Pub. L. 115–232, div. A, title X, § 1081(a)(29), Aug. 13, 2018, 132 Stat. 1985; Pub. L. 116–283, div. B, title XXVIII, §§ 2805(a), 2823(b), Jan. 1, 2021, 134 Stat. 4321, 4333.)
heading: Amendments
text: 2021—Pub. L. 116–283, § 2805(a), amended section generally. Prior to amendment, section related to energy resilience and conservation construction projects.
Subsecs. (c), (d). Pub. L. 116–283, § 2823(b), added subsec. (c) and redesignated former subsec. (c) as (d).
2018—Pub. L. 115–232 substituted “resilience” for “resiliency” in section catchline.
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.”