Amendments
Amendments
2011—[Pub. L. 111–383, § 2832(a)(3)], substituted “Energy performance goals and master plan for the Department of Defense” for “Energy performance goals and plan for Department of Defense” in section catchline.
[Pub. L. 111–383, § 2832(a)(2)], substituted “master plan” for “plan” wherever appearing in subsecs. (c) to (e).
Subsec. (b). [Pub. L. 111–383, § 2832(a)(1)], amended subsec. (b) generally. Prior to amendment, text read as follows: “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.”
Subsec. (b)(2)(F). [Pub. L. 112–81, § 2825(b)], added subpar. (F).
Subsec. (c)(4). [Pub. L. 111–383, § 2831(1)], inserted “and hybrid-electric drive” after “alternative fuels”.
Subsec. (c)(5) to (11). [Pub. L. 111–383, § 2831(2)]–(5), added pars. (5) and (10) and redesignated former pars. (5) to (8) and (9) as (6) to (9) and (11), respectively.
Subsec. (c)(12). [Pub. L. 112–81, § 2822(b)], added par. (12).
Subsec. (d). [Pub. L. 112–81, § 2821(b)(1)(A)], struck out par. (1) designation, redesignated subpars. (A) to (D) as pars. (1) to (4), respectively, and struck out former par. (2), which defined “energy efficient maintenance”.
Subsec. (e)(2). [Pub. L. 112–81, § 2823(a)], added par. (2).
[Pub. L. 112–81, § 2821(b)(1)(B)], struck out par. (2), which defined “renewable energy source”.
Subsec. (e)(3). [Pub. L. 112–81, § 2824(a)], added par. (3).
2009—Subsec. (e). [Pub. L. 111–84, § 2842(c)], substituted “Facility Energy Needs” for “Electricity Needs” in heading.
[Pub. L. 111–84, § 2842(a)], (b), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), in par. (1)(A), substituted “facility energy” for “electric energy” and struck out “and in its activities” after “facilities” and “(as defined in section 203(b) of the Energy Policy Act of 2005 ([42 U.S.C. 15852(b)]))” after “sources”, in par. (1)(B), substituted “facility energy” for “electric energy”, and added par. (2).
2006—Subsec. (e). [Pub. L. 109–364, § 2852], added subsec. (e).
Miscellaneous
Guidance on Financing for Renewable Energy Projects
[Pub. L. 112–239, div. B, title XXVIII, § 2824], Jan. 2, 2013, [126 Stat. 2153], provided that:“(a)Guidance on Use of Available Financing Approaches.—“(1)Issuance.—Not later than 180 days after the date of the enactment of this Act [Jan. 2, 2013], the Secretary of Defense shall—“(A) issue guidance about the use of available financing approaches for financing renewable energy projects; and“(B) direct the Secretaries of the military departments to update their military department-wide guidance accordingly.“(2)Elements.—The guidance issued pursuant to paragraph (1) should describe the requirements and restrictions applicable to the underlying authorities and any Department of Defense-specific guidelines for using appropriated funds and alternative-financing approaches for renewable energy projects to maximize cost savings and energy efficiency for the Department of Defense.“(b)Guidance on Use of Business Case Analyses.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance that establishes and clearly describes the processes used by the military departments to select financing approaches for renewable energy projects to ensure that business case analyses are completed to maximize cost savings and energy efficiency and mitigate drawbacks and risks associated with different financing approaches.“(c)Information Sharing.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a formalized communications process, such as a shared Internet website, that will enable officials at military installations to have timely access on an ongoing basis to information related to financing renewable energy projects on other installations, including best practices and lessons that officials at other installations have learned from their experiences in financing renewable energy projects.“(d)Consultation.—The Secretary of Defense shall issue the guidance under subsections (a) and (b) and develop the communications process under subsection (c) in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Deputy Under Secretary of Defense for Installations and Environment. The Secretary of Defense shall also issue the guidance under subsection (b) in consultation with the Secretaries of the military departments.”
Energy-Efficient Technologies in Contracts for Logistics Support of Contingency Operations
[Pub. L. 112–81, div. A, title III, § 315], Dec. 31, 2011, [125 Stat. 1357], provided that:“(a)Energy Performance Master Plan.—The energy performance master plan for the Department of Defense developed under [section 2911 of title 10], United States Code, shall specifically address the application of energy-efficient or energy reduction technologies or processes meeting the requirements of subsection (b) in logistics support contracts for contingency operations. In accordance with the requirements of such section, the plan shall include goals, metrics, and incentives for achieving energy efficiency in such contracts.“(b)Requirements for Energy Technologies and Processes.—Energy-efficient and energy reduction technologies or processes described in subsection (a) are technologies or processes that meet the following criteria:“(1) The technology or process achieves long-term savings for the Government by reducing overall demand for fuel and other sources of energy in contingency operations.“(2) The technology or process does not disrupt the mission, the logistics, or the core requirements in the contingency operation concerned.“(3) The technology or process is able to integrate seamlessly into the existing infrastructure in the contingency operation concerned.“(d) [So in original. No subsec. (c) has been enacted.]Regulations and Guidance.—The Under Secretary of Defense for Acquisition, Technology, and Logistics shall issue such regulations and guidance as may be needed to implement the requirements of this section and ensure that goals established pursuant to subsection (a) are met. Such regulations or guidance shall consider the lifecycle cost savings associated with the energy technology or process being offered by a vendor for defense logistics support and oblige the offeror to demonstrate the savings achieved over traditional technologies.“(e)Report.—The annual report required by [section 2925(b) of title 10], United States Code, shall include information on the progress in the implementation of this section, including savings achieved by the Department resulting from such implementation.“(f)Definitions.—In this section:“(1) The term ‘defense logistics support contract’ means a contract for services, or a task order under such a contract, awarded by the Department of Defense to provide logistics support during times of military mobilizations, including contingency operations, in any amount greater than the simplified acquisition threshold.“(2) The term ‘contingency operation’ has the meaning provided in [section 101(a)(13) of title 10], United States Code.”
Policy of Pursuing Energy Security
[Pub. L. 112–81, div. B, title XXVIII, § 2822(a)], Dec. 31, 2011, [125 Stat. 1691], provided that:“(1)Policy required.—Not later than 180 days after the date of enactment of this Act [Dec. 31, 2011], the Secretary of Defense shall establish a policy for military installations that includes the following:“(A) Favorable consideration for energy security in the design and development of energy projects on the military installation that will use renewable energy sources.“(B) Guidance for commanders of military installations inside the United States on planning measures to minimize the effects of a disruption of services by a utility that sells natural gas, water, or electric energy to those installations in the event that a disruption occurs.“(2)Notification.—The Secretary of Defense shall provide notification to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] within 30 days after entering into any agreement for a facility energy project described in paragraph (1)(A) that excludes pursuit of energy security on the grounds that inclusion of energy security is cost prohibitive. The Secretary shall also provide a cost-benefit-analysis of the decision.“(3)Energy security defined.—In this subsection, the term ‘energy security’ has the meaning given that term in paragraph (3) of [section 2924 of title 10], United States Code, as added by section 2821(a).”
Deadline for Congressional Notification
[Pub. L. 112–81, div. B, title XXVIII, § 2823(b)], Dec. 31, 2011, [125 Stat. 1692], provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 31, 2011], the Secretary of Defense shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of the interim renewable energy goal established pursuant to the amendment made by subsection (a) [amending this section].”
Department of Defense To Capture and Track Data Generated in Metering Department Facilities
[Pub. L. 112–81, div. B, title XXVIII, § 2827], Dec. 31, 2011, [125 Stat. 1694], provided that: “The Secretary of Defense shall require that the information generated by the installation energy meters be captured and tracked to determine baseline energy consumption and facilitate efforts to reduce energy consumption.”
Training Policy for Department of Defense Energy Managers
[Pub. L. 112–81, div. B, title XXVIII, § 2829], Dec. 31, 2011, [125 Stat. 1694], provided that:“(a)Establishment of Training Policy.—The Secretary of Defense shall establish a training policy for Department of Defense energy managers designated for military installations in order to—“(1) improve the knowledge, skills, and abilities of energy managers by ensuring understanding of existing energy laws, regulations, mandates, contracting options, local renewable portfolio standards, current renewable energy technology options, energy auditing, and options to reduce energy consumption;“(2) improve consistency among energy managers throughout the Department in the performance of their responsibilities;“(3) create opportunities and forums for energy managers to exchange ideas and lessons learned within each military department, as well as across the Department of Defense; and“(4) collaborate with the Department of Energy regarding energy manager training.“(b)Issuance of Policy.—Not later than 180 days after the date of the enactment of this Act [Dec. 31, 2011], the Secretary of Defense shall issue the training policy for Department of Defense energy managers. In creating the policy, the Secretary shall consider the best practices and certifications available in either the military services or in the private sector.“(c)Briefing Requirement.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, or designated representatives of the Secretary, shall brief the Committees on Armed Services of the Senate and House of Representatives regarding the details of the energy manager policy.”
Pilot Program on Collaborative Energy Security
[Pub. L. 111–383, div. A, title II, § 242], Jan. 7, 2011, [124 Stat. 4176], provided that:“(a)Pilot Program.—The Secretary of Defense, in coordination with the Secretary of Energy, may carry out a collaborative energy security pilot program involving one or more partnerships between one military installation and one national laboratory, for the purpose of evaluating and validating secure, salable microgrid components and systems for deployment.“(b)Selection of Military Installation and National Laboratory.—If the Secretary of Defense carries out a pilot program under this section, the Secretary of Defense and the Secretary of Energy shall jointly select a military installation and a national laboratory for the purpose of carrying out the pilot program. In making such selections, the Secretaries shall consider each of the following:“(1) A commitment to participate made by a military installation being considered for selection.“(2) The findings and recommendations of relevant energy security assessments of military installations being considered for selection.“(3) The availability of renewable energy sources at a military installation being considered for selection.“(4) Potential synergies between the expertise and capabilities of a national laboratory being considered for selection and the infrastructure, interests, or other energy security needs of a military installation being considered for selection.“(5) The effects of any utility tariffs, surcharges, or other considerations on the feasibility of enabling any excess electricity generated on a military installation being considered for selection to be sold or otherwise made available to the local community near the installation.“(c)Program Elements.—A pilot program under this section shall be carried out as follows:“(1) Under the pilot program, the Secretaries shall evaluate and validate the performance of new energy technologies that may be incorporated into operating environments.“(2) The pilot program shall involve collaboration with the Office of Electricity Delivery and Energy Reliability of the Department of Energy and other offices and agencies within the Department of Energy, as appropriate, and the Environmental Security Technical Certification Program of the Department of Defense.“(3) Under the pilot program, the Secretary of Defense shall investigate opportunities for any excess electricity created for the military installation to be sold or otherwise made available to the local community near the installation.“(4) The Secretary of Defense shall use the results of the pilot program as the basis for informing key performance parameters and validating energy components and designs that could be implemented in various military installations across the country and at forward operating bases.“(5) The pilot program shall support the effort of the Secretary of Defense to use the military as a test bed to demonstrate innovative energy technologies.“(d)Implementation and Duration.—If the Secretary of Defense carries out a pilot program under this section, such pilot program shall begin by not later than July 1, 2011, and shall be not less than three years in duration.“(e) Reports.—“(1)Initial report.—If the Secretary of Defense carries out a pilot program under this section, the Secretary shall submit to the appropriate congressional committees by not later than October 1, 2011, an initial report that provides an update on the implementation of the pilot program, including an identification of the selected military installation and national laboratory partner and a description of technologies under evaluation.“(2)Final report.—Not later than 90 days after completion of a pilot program under this section, the Secretary shall submit to the appropriate congressional committees a report on the pilot program, including any findings and recommendations of the Secretary.“(f)Definitions.—For purposes of this section:“(1) The term ‘appropriate congressional committees’ means—“(A) the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Science and Technology [now Committee on Science, Space, and Technology] of the House of Representatives; and“(B) the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Commerce, Science, and Transportation of the Senate.“(2) The term ‘microgrid’ means an integrated energy system consisting of interconnected loads and distributed energy resources (including generators, energy storage devices, and smart controls) that can operate with the utility grid or in an intentional islanding mode.“(3) The term ‘national laboratory’ means—“(A) a national laboratory (as defined in section 2 of the Energy Policy Act of 2005 ([42 U.S.C. 15801])); or“(B) a national security laboratory (as defined in section 3281 of the National Nuclear Security Administration Act ([50 U.S.C. 2471])).”
Energy Security on Department of Defense Installations
[Pub. L. 111–84, div. A, title III, § 335], Oct. 28, 2009, [123 Stat. 2259], provided that:“(a) Plan for Energy Security Required.—“(1)In general.—Not later than 180 days after the date of the enactment of this Act [Oct. 28, 2009], the Secretary of Defense shall develop a plan for identifying and addressing areas in which the electricity needed to carry out critical military missions on Department of Defense installations is vulnerable to disruption.“(2)Elements.—The plan developed under paragraph (1) shall include, at a minimum, the following:“(A) An identification of the areas of vulnerability as described in paragraph (1), and an identification of priorities in addressing such areas of vulnerability.“(B) A schedule for the actions to be taken by the Department to address such areas of vulnerability.“(C) A strategy for working with other public or private sector entities to address such areas of vulnerability that are beyond the control of the Department.“(D) An estimate of and consideration for the costs to the Department associated with implementation of the strategy.“(b)Work With Non-Department of Defense Entities.—The Secretary of Defense shall work with other Federal entities, and with State and local government entities, to develop any regulations or other mechanisms needed to require or encourage actions to address areas of vulnerability identified pursuant to the plan developed under subsection (a) that are beyond the control of the Department of Defense.”
Consideration of Fuel Logistics Support Requirements in Planning, Requirements Development, and Acquisition Processes
[Pub. L. 110–417], [div. A], title III, § 332, Oct. 14, 2008, [122 Stat. 4420], as amended by [Pub. L. 111–383, div. A, title X, § 1075(e)(5)], Jan. 7, 2011, [124 Stat. 4374], provided that:“(a)Planning.—In the case of analyses and force planning processes that are used to establish capability requirements and inform acquisition decisions, the Secretary of Defense shall require that analyses and force planning processes consider the requirements for, and vulnerability of, fuel logistics.“(b)Capability Requirements Development Process.—The Secretary of Defense shall develop and implement a methodology to enable the implementation of a fuel efficiency key performance parameter in the requirements development process for the modification of existing or development of new fuel consuming systems.“(c)Acquisition Process.—The Secretary of Defense shall require that the life-cycle cost analysis for new capabilities include the fully burdened cost of fuel during analysis of alternatives and evaluation of alternatives and acquisition program design trades.“(d)Implementation Plan.—The Secretary of Defense shall prepare a plan for implementing the requirements of this section. The plan shall be completed not later than 180 days after the date of the enactment of this Act [Oct. 14, 2008] and provide for the implementation of the requirements by not later than three years after the date of the enactment of this Act.“(e)Progress Report.—Not later than two years after the date of the enactment of this Act [Oct. 14, 2008], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report describing progress made to implement the requirements of this section, including an assessment of whether the implementation plan required by subsection (d) is being carried out on schedule.“(f)Notification of Compliance.—As soon as practicable during the three-year period beginning on the date of the enactment of this Act [Oct. 14, 2008], the Secretary of Defense shall notify the congressional defense committees that the Secretary has complied with the requirements of this section. If the Secretary is unable to provide the notification, the Secretary shall submit to the congressional defense committees at the end of the three-year period a report containing—“(1) an explanation of the reasons why the requirements, or portions of the requirements, have not been implemented; and“(2) a revised plan under subsection (d) to complete implementation or a rationale regarding why portions of the requirements cannot or should not be implemented.“(g)Fully Burdened Cost of Fuel Defined.—In this section, the term ‘fully burdened cost of fuel’ means the commodity price for fuel plus the total cost of all personnel and assets required to move and, when necessary, protect the fuel from the point at which the fuel is received from the commercial supplier to the point of use.”
Mitigation of Power Outage Risks for Department of Defense Facilities and Activities
[Pub. L. 110–417], [div. A], title III, § 335, Oct. 14, 2008, [122 Stat. 4422], provided that:“(a)Risk Assessment.—The Secretary of Defense shall conduct a comprehensive technical and operational risk assessment of the risks posed to mission critical installations, facilities, and activities of the Department of Defense by extended power outages resulting from failure of the commercial electricity supply or grid and related infrastructure.“(b) Risk Mitigation Plans.—“(1)In general.—The Secretary of Defense shall develop integrated prioritized plans to eliminate, reduce, or mitigate significant risks identified in the risk assessment under subsection (a).“(2)Additional considerations.—In developing the risk mitigation plans under paragraph (1), the Secretary of Defense shall—“(A) prioritize the mission critical installations, facilities, and activities that are subject to the greatest and most urgent risks; and“(B) consider the cost effectiveness of risk mitigation options.“(c) Annual Report.—“(1)In general.—The Secretary of Defense shall submit a report on the efforts of the Department of Defense to mitigate the risks described in subsection (a) as part of the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2010 and each fiscal year thereafter (as submitted with the budget of the President under [section 1105(a) of title 31], United States Code).“(2)Content.—Each report submitted under paragraph (1) shall describe the integrated prioritized plans developed under subsection (b) and the progress made toward achieving the goals established under such subsection.”
Use of Energy Efficient Lighting Fixtures and Bulbs in Department of Defense Facilities
[Pub. L. 110–181, div. B, title XXVIII, § 2863], Jan. 28, 2008, [122 Stat. 560], provided that:“(a)Construction and Alteration of Buildings.—Each building constructed or significantly altered by the Secretary of Defense or the Secretary of a military department shall be equipped, to the maximum extent feasible as determined by the Secretary concerned, with lighting fixtures and bulbs that are energy efficient.“(b)Maintenance of Buildings.—Each lighting fixture or bulb that is replaced in the normal course of maintenance of buildings under the jurisdiction of the Secretary of Defense or the Secretary of a military department shall be replaced, to the maximum extent feasible as determined by the Secretary concerned, with a lighting fixture or bulb that is energy efficient.“(c)Considerations.—In making a determination under this section concerning the feasibility of installing a lighting fixture or bulb that is energy efficient, the Secretary of Defense or the Secretary of a military department shall consider—“(1) the life cycle cost effectiveness of the fixture or bulb;“(2) the compatibility of the fixture or bulb with existing equipment;“(3) whether use of the fixture or bulb could result in interference with productivity;“(4) the aesthetics relating to use of the fixture or bulb; and“(5) such other factors as the Secretary concerned determines appropriate.“(d)Energy Star.—A lighting fixture or bulb shall be treated as being energy efficient for purposes of this section if—“(1) the fixture or bulb is certified under the Energy Star program established by section 324A of the Energy Policy and Conservation Act ([42 U.S.C. 6294a]); or“(2) the Secretary of Defense or the Secretary of a military department has otherwise determined that the fixture or bulb is energy efficient.“(e)Significant Alterations.—A building shall be treated as being significantly altered for purposes of subsection (a) if the alteration is subject to congressional authorization under [section 2802 of title 10], United States Code.“(f)Waiver Authority.—The Secretary of Defense may waive the requirements of this section if the Secretary determines that such a waiver is necessary to protect the national security interests of the United States.“(g)Effective Date.—The requirements of subsections (a) and (b) shall take effect one year after the date of the enactment of this Act [Jan. 28, 2008].”
Reporting Requirements Relating to Renewable Energy Use by Department of Defense To Meet Department Electricity Needs
[Pub. L. 110–181, div. B, title XXVIII, § 2864], Jan. 28, 2008, [122 Stat. 561], related to reporting requirements relating to renewable energy use by Department of Defense to meet Department electricity needs, prior to repeal by [Pub. L. 113–66, div. A, title X, § 1084(b)(2)(B)], Dec. 26, 2013, [127 Stat. 872].
Utilization of Fuel Cells as Back-Up Power Systems in Department of Defense Operations
[Pub. L. 109–364, div. A, title III, § 358], Oct. 17, 2006, [120 Stat. 2164], provided that: “The Secretary of Defense shall consider the utilization of fuel cells as replacements for current back-up power systems in a variety of Department of Defense operations and activities, including in telecommunications networks, perimeter security, individual equipment items, and remote facilities, in order to increase the operational longevity of back-up power systems and stand-by power systems in such operations and activities.”
Energy Efficiency in Weapons Platforms
[Pub. L. 109–364, div. A, title III, § 360(a)], Oct. 17, 2006, [120 Stat. 2164], provided that: “It shall be the policy of the Department of Defense to improve the fuel efficiency of weapons platforms, consistent with mission requirements, in order to—“(1) enhance platform performance;“(2) reduce the size of the fuel logistics systems;“(3) reduce the burden high fuel consumption places on agility;“(4) reduce operating costs; and“(5) dampen the financial impact of volatile oil prices.”
Department of Defense Energy Efficiency Program
[Pub. L. 107–107, div. A, title III, § 317], Dec. 28, 2001, [115 Stat. 1054], provided that:“(a)Sense of Congress.—It is the sense of Congress that the Secretary of Defense should work to implement fuel efficiency reforms that allow for investment decisions based on the true cost of delivered fuel, strengthen the linkage between warfighting capability and fuel logistics requirements, provide high-level leadership encouraging fuel efficiency, target fuel efficiency improvements through science and technology investment, and include fuel efficiency in requirements and acquisition processes.“(b)Energy Efficiency Program.—The Secretary shall carry out a program to significantly improve the energy efficiency of facilities of the Department of Defense through 2010. The Secretary shall designate a senior official of the Department of Defense to be responsible for managing the program for the Department and a senior official of each military department to be responsible for managing the program for such department.“(c)Energy Efficiency Goals.—The goal of the energy efficiency program shall be to achieve reductions in energy consumption by facilities of the Department of Defense as follows:“(1) In the case of industrial and laboratory facilities, reductions in the average energy consumption per square foot of such facilities, per unit of production or other applicable unit, relative to energy consumption in 1990—“(A) by 20 percent by 2005; and“(B) by 25 percent by 2010.“(2) In the case of other facilities, reductions in average energy consumption per gross square foot of such facilities, relative to energy consumption per gross square foot in 1985—“(A) by 30 percent by 2005; and“(B) by 35 percent by 2010.“(d)Strategies for Improving Energy Efficiency.—In order to achieve the goals set forth in subsection (c), the Secretary shall, to the maximum extent practicable—“(1) purchase energy-efficient products, as so designated by the Environmental Protection Agency and the Department of Energy, and other products that are energy-efficient;“(2) utilize energy savings performance contracts, utility energy-efficiency service contracts, and other contracts designed to achieve energy conservation;“(3) use life-cycle cost analysis, including assessment of life-cycle energy costs, in making decisions about investments in products, services, construction, and other projects;“(4) conduct energy efficiency audits for approximately 10 percent of all Department of Defense facilities each year;“(5) explore opportunities for energy efficiency in industrial facilities for steam systems, boiler operation, air compressor systems, industrial processes, and fuel switching; and“(6) retire inefficient equipment on an accelerated basis where replacement results in lower life-cycle costs.“(e)Reporting Requirements.—Not later than January 1, 2002, and each January 1 thereafter through 2010, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] the report required to be prepared by the Secretary pursuant to section 303 of Executive Order 13123 (64 Fed. Reg. 30851; [former] [42 U.S.C. 8251] note) regarding the progress made toward achieving the energy efficiency goals of the Department of Defense.”
