10 U.S.C. § 2925 (ARMED FORCES)
§ 2925. Annual Department of Defense energy management reports
(a) Annual Report Related to Installations Energy Management, Energy Resilience, and Mission Assurance and Readiness.—
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, including progress on energy resilience at military installations according to metrics developed by the Secretary. 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. Each report shall contain the following:
(1) 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, section 553 of the National Energy Conservation Policy Act (42 U.S.C. 8259b), the Energy Independence and Security Act of 2007 (Public Law 110–140), and the energy performance goals for the Department of Defense during the preceding fiscal year, including progress on energy resilience at military installations according to metrics developed by the Secretary.
(2) A description of the energy savings, return on investment, and enhancements to installation mission assurance realized by the fulfillment of the goals described in paragraph (1).
(3) Details of all utility outages 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.
(4) Details of a military installation’s total energy requirements and critical energy requirements (including critical energy loads in electric and thermal loads and the associated downtime tolerances for critical energy loads), and the current energy resilience and emergency backup systems servicing critical energy requirements, including, at a minimum—
(A) energy resilience and emergency backup system power requirements;
(B) the critical missions, facility, or facilities serviced;
(C) system service life;
(D) capital, operations, maintenance, and testing costs; and
(E) other information the Secretary determines necessary.
(5) A list of energy resilience projects awarded by the Department of Defense by military department and military installation, whether appropriated or alternative financed for the reporting fiscal year, including project description, award date, the critical energy requirements serviced (including critical energy loads in electric and thermal loads), expected reliability of the project (as indicated in the awarded contract), life cycle costs, savings to investment, fuel type, and the type of appropriation or alternative financing used.
(6) A list of energy resilience projects planned by the Department of Defense by military department and military installation, whether appropriated or alternative financed for the next two fiscal years, including project description, fuel type, expected award date, and the type of appropriation or alternative financing expected for use.
(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.
(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.
(10) At the discretion of the Secretary of Defense, a classified annex, as appropriate.
(b) Annual Report Related to Operational Energy.—
(1) Simultaneous with the annual report required by subsection (a), the Secretary of Defense, acting through the Assistant Secretary of Defense for Energy, Installations, and Environment, 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 2926(d) 1 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) 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.
(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.
(G) Such recommendations as the Assistant Secretary 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 Assistant Secretary 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.
(Added Pub. L. 109–364, div. B, title XXVIII, § 2851(a)(1), Oct. 17, 2006, 120 Stat. 2493; amended Pub. L. 110–417, [div. A], title III, § 331(a), (b)(1), div. B, title XXVIII, § 2832, Oct. 14, 2008, 122 Stat. 4419, 4420, 4732; Pub. L. 111–84, div. A, title III, § 332(a), Oct. 28, 2009, 123 Stat. 2257; Pub. L. 111–383, div. B, title XXVIII, § 2832(c)(1), Jan. 7, 2011, 124 Stat. 4469; Pub. L. 112–81, div. A, title III, §§ 314(b), 342, div. B, title XXVIII, §§ 2821(b)(4), 2822(d), 2824(b), 2826, Dec. 31, 2011, 125 Stat. 1357, 1370, 1691–1694; Pub. L. 112–239, div. A, title X, § 1076(c)(3), (d)(6), Jan. 2, 2013, 126 Stat. 1950, 1951; Pub. L. 113–291, div. A, title IX, § 901(k)(4), Dec. 19, 2014, 128 Stat. 3468; Pub. L. 114–92, div. A, title III, § 313, Nov. 25, 2015, 129 Stat. 789; Pub. L. 114–328, div. A, title III, § 311, Dec. 23, 2016, 130 Stat. 2072; Pub. L. 115–91, div. A, title X, § 1081(a)(48), div. B, title XXVIII, §§ 2831(c)(7), 2836, Dec. 12, 2017, 131 Stat. 1597, 1858, 1859; Pub. L. 115–232, div. A, title III, §§ 312(c), 314(b)(1), Aug. 13, 2018, 132 Stat. 1710, 1712; Pub. L. 116–92, div. A, title III, §§ 319(a), 320(a)(2)(B), Dec. 20, 2019, 133 Stat. 1305, 1306; Pub. L. 116–283, div. A, title III, § 336(a), Jan. 1, 2021, 134 Stat. 3533; Pub. L. 117–81, div. A, title III, § 311(i)(1), Dec. 27, 2021, 135 Stat. 1626.)
heading: Editorial Notes
heading: References in Text
text: The Energy Policy Act of 2005, referred to in subsec. (a)(1), is Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 594, which enacted chapter 149 of Title 42, The Public Health and Welfare, and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 15801 of Title 42 and Tables.
The Energy Independence and Security Act of 2007, referred to in subsec. (a)(1), is Pub. L. 110–140, Dec. 19, 2007, 121 Stat. 1492, which enacted chapter 152 of Title 42, The Public Health and Welfare, and enacted and amended numerous other sections and notes in the Code. Section 433 of the Act amended sections 6832 and 6834 of Title 42 and enacted provisions set out as a note under section 6834 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 17001 of Title 42 and Tables.
Section 2926(d) of this title, referred to in subsec. (b)(1), relating to operational energy strategy, was redesignated as section 2926(e) of this title.
heading: Amendments
text: 2021—Subsec. (a)(7). Pub. L. 116–283, § 336(a)(2), added par. (7). Former par. (7) redesignated (8), then (10).
Subsec. (a)(8). Pub. L. 117–81, § 311(i)(1)(B), added par. (8). Former par. (8) redesignated (10).
Pub. L. 116–283, § 336(a)(1), redesignated par. (7) as (8), which was subsequently redesignated (10).
Subsec. (a)(9), (10). Pub. L. 117–81 added par. (9) and redesignated par. (8) as (10).
2019—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.
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.”
Subsec. (a)(4). Pub. L. 116–92, § 319(a)(3), substituted “electric and thermal loads” for “megawatts” in introductory provisions.
Subsec. (a)(5). Pub. L. 116–92, § 319(a)(4), substituted “electric and thermal loads” for “megawatts”.
2018—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.
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”.
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.
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).
Subsec. (b)(1). Pub. L. 115–232, § 314(b)(1), substituted “section 2926(d)” for “section 2926(b)”.
2017—Subsec. (a). Pub. L. 115–91, § 2831(c)(7)(A), substituted “Energy Resilience” for “Resiliency” in heading.
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.
Pub. L. 115–91, § 2831(c)(7)(B), substituted “2911(g)” for “2911(e)”.
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.”
Subsec. (a)(4), (5). Pub. L. 115–91, § 2836(3), (4), added par. (4) and redesignated former par. (4) as (5).
Subsec. (b)(1). Pub. L. 115–91, § 1081(a)(48), substituted “section 2926(b)” for “section 138c”.
2016—Subsec. (a). Pub. L. 114–328, § 311(1), inserted “, Resiliency, and Mission Assurance” after “Annual Report Related to Installations Energy Management” in heading.
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.
2015—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.”
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).
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).”
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.”
Subsec. (a)(8). Pub. L. 114–92, § 313(2), redesignated par. (10) as (8). Former par. (8) redesignated (6).
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.”
Pub. L. 114–92, § 313(2) redesignated par. (11) as (9). Former par. (9) redesignated (7).
Subsec. (a)(10). Pub. L. 114–92, § 313(2), redesignated par. (12) as (10). Former par. (10) redesignated (8).
Subsec. (a)(11). Pub. L. 114–92, § 313(5) added par. (11). Former par. (11) redesignated (9).
Subsec. (a)(12). Pub. L. 114–92, § 313(2), redesignated par. (12) as (10).
2014—Subsec. (b)(1). Pub. L. 113–291 substituted “Energy, Installations, and Environment” for “Operational Energy Plans and Programs”.
2013—Subsec. (a)(1). Pub. L. 112–239, § 1076(d)(6)(A), substituted “section 553” for “section 533”.
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”.
Subsec. (b)(2)(G). Pub. L. 112–239, § 1076(c)(3)(B), substituted “Assistant Secretary” for “Director” in two places.
2011—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:”.
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,”.
Subsec. (a)(4). Pub. L. 112–81, § 2824(b)(2), added par. (4). Former par. (4) redesignated (5).
Pub. L. 111–383, § 2832(c)(1), substituted “energy performance master plan” for “energy performance plan”.
Subsec. (a)(5) to (9). Pub. L. 112–81, § 2824(b)(1), redesignated pars. (4) to (8) as (5) to (9), respectively.
Subsec. (a)(10). Pub. L. 112–81, § 2824(b)(1), redesignated par. (9) as (10). Former par. (10) redesignated (11).
Pub. L. 112–81, § 2822(d)(3), added par. (10). Former par. (10) redesignated (11).
Subsec. (a)(11). Pub. L. 112–81, § 2824(b)(1), redesignated par. (10) as (11). Former par. (11) redesignated (12).
Pub. L. 112–81, § 2822(d)(2), redesignated par. (10) as (11).
Subsec. (a)(12). Pub. L. 112–81, § 2824(b)(1), redesignated par. (11) as (12).
Subsec. (b)(2)(E). Pub. L. 112–81, § 314(b)(2), added subpar. (E). Former subpar. (E) redesignated (F).
Subsec. (b)(2)(F). Pub. L. 112–81, § 342(2), added subpar. (F). Former subpar. (F) redesignated (G).
Pub. L. 112–81, § 314(b)(1), redesignated subpar. (E) as (F).
Subsec. (b)(2)(G). Pub. L. 112–81, § 342(1), redesignated subpar. (F) as (G).
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.”
2009—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.
2008—Pub. L. 110–417, § 331(b)(1), amended section catchline generally. Prior to amendment, catchline read as follows: “Annual report”.
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).
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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: 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.”
heading: Termination of Reporting Requirements
text: For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual reports to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.
heading: Use of Assessment Tool
text: Pub. L. 117–81, div. A, title III, § 311(i)(2), Dec. 27, 2021, 135 Stat. 1627, provided that: “The Secretary [of Defense] shall use the Climate Vulnerability and Risk Assessment Tool of the Department [of Defense] (or such successor tool) in preparing each report under section 2925(a) of title 10, United States Code (as amended by paragraph (1)).”