Federal · Title 10 — Armed Forces

10 U.S.C. § 2911: Energy policy of the Department of Defense

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The Secretary of Defense shall ensure the readiness of the armed forces for their military missions by pursuing energy security and energy resilience. establish metrics and standards for the assessment of energy resilience; require the Secretary of a military department to perform mission assurance and readiness assessments of energy power systems for mission critical assets and supporting infrastructure, applying uniform mission standards established by the Secretary of Defense; require the Secretary of a military department to establish and maintain an energy resilience master plan for an installation; authorize the use of energy security and energy resilience, including the benefits of on-site generation resources that reduce or avoid the cost of backup power, as factors in the cost-benefit analysis for procurement of energy; and in selecting facility energy projects that will use renewable energy sources, pursue energy security and energy resilience by giving favorable consideration to projects that provide power directly to a military facility or into the installation electrical distribution network. The Secretary of Defense shall submit to the congressional defense committees the energy performance goals for the Department of Defense regarding transportation systems, support systems, utilities, and infrastructure and facilities. The energy performance goals shall be submitted annually not later than the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title 31 and cover that fiscal year as well as the next five, l0, and 20 years. The Secretary shall identify changes to the energy performance goals since the previous submission. The Secretary of Defense shall include the energy security and resilience goals of the Department of Defense in the report submitted under section 2925(a) of this title for fiscal year 2018 and every fiscal year thereafter. In the development of energy security and resilience goals, the Department of Defense shall conform with the definitions of energy security and resilience under this title. The report shall include the amount of critical energy load, together with the level of availability and reliability by fiscal year the Department of Defense deems necessary to achieve energy security and resilience. The Secretary of Defense shall develop a comprehensive master plan for the achievement of the energy performance goals of the Department of Defense, as set forth in laws, executive orders, and Department of Defense policies. A separate master plan, developed by each military department and Defense Agency, for the achievement of energy performance goals. The use of a baseline standard for the measurement of energy consumption by transportation systems, support systems, utilities, and facilities and infrastructure that is consistent for all of the military departments. A method of measurement of reductions or conservation in energy consumption that provides for the taking into account of changes in the current size of fleets, number of facilities, and overall square footage of facility plants. Metrics to track annual progress in meeting energy performance goals. A description of specific requirements, and proposed investments, in connection with the achievement of energy performance goals reflected in the budget of the President for each fiscal year (as submitted to Congress under section 1105(a) of title 31 ). The up-to date list of energy-efficient products maintained under section 2915(e)(2) of this title . Not later than 30 days after the date on which the budget of the President is submitted to Congress for a fiscal year under section 1105(a) of title 31 , the Secretary shall submit the current version of the master plan to Congress. Opportunities to reduce the current rate of consumption of energy, the future demand for energy, and the requirement for the use of energy. Opportunities to enhance energy resilience to ensure the Department of Defense has the ability to prepare for and recover from energy disruptions that affect mission assurance on military installations. Opportunities to implement conservation measures to improve the efficient use of energy. Opportunities for the high-performance construction, lease, operation, and maintenance of buildings. Cost effectiveness, cost savings, and net present value of alternatives. The value of diversification of types and sources of energy used. The value of economies-of-scale associated with fewer energy types used. The value of the use of renewable energy sources. The potential for an action to serve as an incentive for members of the armed forces and civilian personnel to reduce energy consumption or adopt an improved energy performance measure. Opportunities for improving energy security for facility energy projects that will use renewable energy sources. Opportunities to leverage financing provided by a non-Department entity to address installation energy needs. The reliability and security of energy resources in the event of a military conflict. The value of resourcing energy from partners and allies of the United States. are readily available; demonstrate an economic return on the investment; are consistent with the energy performance goals and energy performance master plan for the Department; and are supported by the special considerations specified in subsection (c). to produce or procure not less than 25 percent of the total quantity of facility energy it consumes within its facilities during fiscal year 2025 and each fiscal year thereafter from renewable energy sources; and to produce or procure facility energy from renewable energy sources whenever the use of such renewable energy sources is consistent with the energy performance goals and energy performance master plan for the Department and supported by the special considerations specified in subsection (c). To help ensure that the goal specified in paragraph (1)(A) regarding the use of renewable energy by the Department of Defense is achieved, the Secretary of Defense shall establish an interim goal for fiscal year 2018 for the production or procurement of facility energy from renewable energy sources. The Secretary of Defense shall establish a policy to maximize savings for the bulk purchase of replacement renewable energy certificates in connection with the development of facility energy projects using renewable energy sources. the market for renewable energy certificates; the procurement of renewable energy certificates; and obtaining the best value for the military department by maximizing the purchase of renewable energy certificates from projects placed into service before January 1, 1999 . The centralized purchasing authority shall solicit industry for the most competitive offer for replacement renewable energy certificates, to include a combination of renewable energy certificates from new projects and projects placed into service before January 1, 1999 . Subparagraph (B) does not prohibit the Secretary of a military department from entering into an agreement outside of the centralized purchasing authority if the Secretary will obtain the best value by bundling the renewable energy certificates with the facility energy project through a power purchase agreement or other contractual mechanism at the installation. Nothing in this paragraph shall be construed to authorize the purchase of renewable energy certificates to meet Federal goals or mandates in the absence of the development of a facility energy project using renewable energy sources. This policy does not make the purchase of renewable energy certificates mandatory, but the policy shall apply whenever original renewable energy certificates are proposed to be swapped for replacement renewable energy certificates. Location of the energy-production infrastructure on the military installation that will consume the energy. Incorporation of energy resilience features, such as microgrids, to ensure that energy remains available to the installation even when the installation is not connected to energy sources located off the installation. Reduction in periodic refueling needs from sources off the installation to not more than once every two years. Using amounts made available for military construction projects under section 2914 of this title , the Secretary of Defense shall carry out at least four projects to promote installation energy security and energy resilience in the manner described in paragraph (1). At least one project shall be designed to develop technology that demonstrates the ability to connect an existing on-site energy generation facility that uses solar power with one or more installation facilities performing critical missions in a manner that allows the generation facility to continue to provide electrical power to these facilities even if the installation is disconnected from the commercial power supply. At least one project shall be designed to develop technology that demonstrates that one or more installation facilities performing critical missions can be isolated, for purposes of electrical power supply, from the remainder of the installation and from the commercial power supply in a manner that allows an on-site energy generation facility that uses a renewable energy source, other than solar energy, to provide the necessary power exclusively to these facilities. At least two projects shall be designed to develop technology that demonstrates the ability to store sufficient electrical energy from an on-site energy generation facility that uses a renewable energy source to provide the electrical energy required to continue operation of installation facilities performing critical missions during nighttime operations. The authority of the Secretary of Defense to commence a project under this paragraph expires on September 30, 2025 . In this subsection, the term “microgrid” means an integrated energy system consisting of interconnected loads and energy resources that, if necessary, can be removed from the local utility grid and function as an integrated, stand-alone system. Subject to the availability of appropriations, the Secretary of Defense shall develop and institute a process to ensure that the Department of Defense, when evaluating energy resilience measures, uses analytical tools that are accurate and effective in projecting the costs and performance of such measures. provide an accurate projection of the costs and performance of the energy resilience measure being analyzed; be used without specialized training; and produce resulting data that is understandable and usable by the typical source selection official; consistent with standards and analytical tools commonly applied by the Department of Energy and by commercial industry; adaptable to accommodate a rapidly changing technological environment; peer reviewed for quality and precision and measured against the highest level of development for such tools; and periodically reviewed and updated, but not less frequently than once every three years. To the maximum extent practicable, the Secretary concerned shall take a holistic view of the energy project opportunities on installations under the jurisdiction of such Secretary and shall consider aggregate energy conservation measures, including energy conservation measures with quick payback, with energy resilience enhancement projects and other projects that may have a longer payback period. funds appropriated for the Energy Resilience and Conservation Investment Program of the Department; and funds appropriated for the Facilities Sustainment, Restoration, and Modernization program of the Department; and funding available under performance contracts, such as energy savings performance contracts and utility energy service contracts. The Secretary of Defense, in coordination with the Secretary of the Army, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and the Director of the Strategic Capabilities Office of the Department of Defense, shall ensure that, not later than one year after the date of the enactment of this Act [ Dec. 18, 2025 ], there is designated an executive agent of the Department of Defense for installation and operational nuclear energy. In coordination with the commanders of the combatant commands and the Joint Chiefs of Staff, assessing installation and operational nuclear energy needs. Consulting with project developers and other experts from the commercial nuclear industry, potential private owners and operators of nuclear reactors to be deployed at military installations, and other persons determined appropriate by the executive agent, to assess the technological capabilities, development status, costs, timelines, risks, and potential need for design evolution of nuclear reactors to meet the needs of the Department of Defense referred to paragraph (1). In coordination with the Secretary of Energy, the Secretaries of the military departments, and the Nuclear Regulatory Commission, assessing the technology readiness, licensability, deployability, operability, and maintainability of nuclear reactors with respect to potential deployment at military installations. In coordination with the Secretary of Defense and the Secretaries of the military departments, integrating technical and project resources across the Department of Defense for the use of nuclear reactors to meet the needs of the Department of Defense referred to in paragraph (1), including by developing a plan to aggregate the demand for, and the acquisition and deployment of, nuclear reactors across military installations and military departments. evaluating the regulatory framework and other requirements applicable to the use of nuclear reactors to meet such needs; and establishing training programs and plans relating to the acquisition and operation of nuclear reactors to meet such needs. any support necessary from the national laboratories of the Department of Energy; and any funding necessary to carry out interim pilot programs for the limited deployment of nuclear reactors until such timelines and resource requirements are met. a program objective memorandum for any new resource so required; and a budget justification for any new resource so required for inclusion in the budget materials submitted by the Secretary of Defense to Congress in support of the President’s annual budget request (submitted to Congress pursuant to section 1105 of title 31 , United States Code). Providing technical support for programs of the military departments relating to the deployment of nuclear reactors for installation energy resilience. Not later than September 30, 2026 , and annually thereafter for a period of five years, the executive agent specified in subsection (a) shall submit to the Secretary of Defense and the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report describing the actions taken to implement this section during the one-year period ending on the date of the submission of such report. Not later than one year after the date of the enactment of this Act [ Dec. 18, 2025 ], the Secretary of Defense, in coordination with the executive agent specified in subsection (a), shall submit to the congressional defense committees a plan to establish a program of record of the Department of Defense to meet installation and operational nuclear energy needs. An identification of requirements necessary for the establishment of the program of record specified in such paragraph. A budget estimate for such program of record through 2030 or through the conclusion of the five-year period following the first date on which a nuclear reactor is deployed at a military installation, whichever is later. A summary of actions taken to implement the responsibilities under subsection (b) and information derived as a result of such actions. Use cases for nuclear reactors, developed in coordination with the commanders of combatant commands with respect to installation and operational needs (including needs relating to the electrification of operational energy, elimination of fuel supply vulnerabilities, military installation resilience, sustainment of military installations, enablement of multi-domain operations, and advanced weaponry). An identification of the minimum potential number of military installations at which nuclear reactors would be necessary to deploy in order to establish a cost-effective program, and projected dates by which such nuclear reactors would achieve initial operational capability. An estimate of fuel requirements necessary to support the deployment of various models of nuclear reactors at military installations, to inform future acquisition planning. The Secretary shall carry out this section in compliance with Directive 5101.01. In accordance with Directive 5101.01, the Secretary shall ensure that the military departments, the Defense Agencies, and other elements of the Department of Defense provide the executive agent specified in subsection (a) with the appropriate support and resources needed to perform the roles, responsibilities, and authorities of the executive agent. The term ‘Directive 5101.01’ means Department of Defense Directive 5101.01, or any successor directive relating to the responsibilities of an executive agent of the Department of Defense. The terms ‘energy resilience’ and ‘military installation resilience’ have the meanings given those terms in section 101 of title 10 , United States Code. The term ‘executive agent’ has the meaning given the term ‘DoD Executive Agent’ in Directive 5101.01. generated by a utilization facility authorized pursuant to section 91b. [probably should be “section 91(b)”] of the Atomic Energy Act of 1954 ( 42 U.S.C. 2121(b) ); and operational energy (as such term is defined in section 2924 of title 10 , United States Code); or the energy required for a military installation (as such term is defined in section 2801 of title 10 , United States Code).” Except as provided in subsection (b), the Secretary of Defense shall, not later than one year before any date on which the Secretary carries out the placement of a permanent nuclear reactor in Guam, submit to Congress and the Governor of Guam a notification of such placement. Subsection (a) shall not apply to a nuclear reactor aboard a naval vessel. In this section, the term ‘nuclear reactor’ has the meaning given the term ‘advanced nuclear reactor’ in section 951 of the Energy Policy Act of 2005 ( 42 U.S.C. 16271 ).” Subject to the availability of appropriations for such purpose, each Secretary of a military department shall ensure that covered prototype and demonstration projects are conducted at each military installation under the jurisdiction of that Secretary that is designated by the Secretary of Defense as an ‘Energy Resilience Testbed’ pursuant to subsection (b). Each Secretary of a military department shall nominate military installations under the jurisdiction of that Secretary for selection under paragraph (2), and submit to the Secretary of Defense a list of such nominations. Not later than one year after the date of the enactment of this Act [ Dec. 23, 2022 ], the Secretary of Defense shall select, from among the lists of nominated military installations provided by the Secretaries of the military departments under paragraph (1), at least one such nominated military installation per military department for designation pursuant to paragraph (4). The mission of the installation. The geographic terrain of the installation and of the community surrounding the installation. The energy resources available to support the installation. An assessment of any extreme weather risks or vulnerabilities at the installation and the community surrounding the installation. Each military installation selected under paragraph (2) shall be known as an ‘Energy Resilience Testbed’. Energy storage technologies, including long-duration energy storage systems. Technologies to improve building energy efficiency in a cyber-secure manner, such as advanced lighting controls, high-performance cooling systems, and technologies for waste heat recovery. Technologies to improve building energy management and control in a cyber-secure manner. Tools and processes for design, assessment, and decision making on the installation with respect to all hazards resilience and hazard analysis, energy use, management, and the construction of resilient buildings and infrastructure. Carbon sequestration technologies. Advanced geothermal technologies. Advanced nuclear technologies, including small modular reactors. Hydrogen creation, storage, and power generation technologies using natural gas or renewable electricity. Port electrification and surrounding defense community infrastructure. Tidal and wave power technologies. Distributed ledger technologies. An identification of each military installation so designated. A justification as to why each military installation so designated was selected for such designation. A strategy for commencing the conduct of such projects at each military installation so designated by not later than one year after the date of the enactment of this Act. Beginning not later than one year after the date of the enactment of this Act, covered prototype and demonstration projects shall be conducted at, and such conduct shall be incorporated into the mission of, each military installation designated pursuant to subsection (b). Notwithstanding the responsibility of the Secretary of Defense to select each military installation for designation pursuant to subsection (b)(2), the administration and oversight of the conduct of covered prototype and demonstration projects at a military installation so designated, as required under subsection (a), shall be the responsibility of the Secretary of the military department with jurisdiction over that military installation. Each Secretary of a military department may enter into a partnership with, or seek to establish, a consortium of industry, academia, and other entities described in paragraph (2) to conduct covered prototype and demonstration projects at a military installation that is under the jurisdiction of that Secretary and designated by the Secretary of Defense pursuant to subsection (b). National laboratories. Industry entities the primary work of which relates to technologies and business models relating to energy resilience and all hazards resilience. Covered prototype and demonstration projects required under this section may be conducted as part of the program for operational energy prototyping established under section 324(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 3523 ; 10 U.S.C. 2911 note) (including by using funds available under the Operational Energy Prototyping Fund established pursuant to such section), using the other transactions authority under section 4021 or 4022 of title 10, United States Code, or using any other available authority or funding source the Secretary of Defense determines appropriate. Each Secretary of a military department shall ensure that, to the extent practicable, any transaction entered into under the other transactions authority under section 4022 of title 10 , United States Code, for the conduct of a covered prototype and demonstration project under this section shall provide for the award of a follow-on production contract or transaction pursuant to subsection (f) of such section 4022. In carrying out this section, to the extent practicable, the Secretary of Defense shall collaborate with the Secretary of Energy and the heads of such other Federal departments and agencies as the Secretary of Defense may determine appropriate, including by entering into relevant memoranda of understanding. Nothing in this section shall be construed as precluding any Secretary of a military department from carrying out any activity, including conducting a project or making an investment, relating to the improvement of energy resilience or all hazards resilience under an authority other than this section. the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives; and the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate. The term ‘community infrastructure’ has the meaning given that term in section 2391(e) of title 10 , United States Code. The term ‘covered prototype and demonstration project’ means a project to prototype and demonstrate advanced technologies to enhance energy resilience, including with respect to energy supply disruptions, and all hazards resilience at a military installation. The term ‘military installation’ has the meaning given that term in section 2867 of title 10 [probably should be “ section 2687 of title 10 ”], United States Code.” The Secretary of Defense, in coordination with the Secretaries of the military departments, and in consultation with the Secretary of Energy, shall carry out a pilot program to develop and test covered infrastructure to mitigate grid stress caused by electric vehicles through the implementation and maintenance on certain military installations of charging stations, microgrids, and other covered infrastructure sufficient to cover the energy demand at such installations. select at least one military installation of each Armed Force under the jurisdiction of that Secretary at which to carry out the pilot program under subsection (a); and submit to the Committees on Armed Services of the House of Representatives and the Senate a notification containing an identification of each such selected installation. A calculation of existing loads at the installation and the existing capacity of the installation for the charging of electric vehicles, including (as applicable) light duty trucks. Any required upgrades to covered infrastructure on the installation, including electrical wiring, anticipated by the Secretary. The ownership, financing, operation, and maintenance models of existing and planned covered infrastructure on the installation. An assessment of local grid needs, and any required updates relating to such needs anticipated by the Secretary. the covered infrastructure to be implemented under the pilot program at the installation; the methodology by which each type of covered infrastructure so implemented shall be assessed for efficacy and efficiency at providing sufficient energy to cover the anticipated energy demand of the electric vehicle fleet at the installation and mitigating grid stress; and cover the anticipated electricity demand of such fleet; and improve installation energy resilience. A determination of the type and number of charging stations to implement on the installation, taking into account the interoperability of chargers and the potential future needs or applications for chargers, such as vehicle-to-grid or vehicle-to-building applications. Use of Government-owned (purchased, installed, and maintained) charging stations. Use of third-party financed, installed, operated, and maintained charging stations. Use of financing models in which energy and charging infrastructure operations and maintenance are treated as a service. Cyber and physical security considerations and best practices associated with different ownership, network, and control models. Transformer and substation requirements. Microgrids and distributed energy to support both charging requirements and energy storage. Each Secretary of a military department may use expertise within the military department or enter into a contract with a non-Department of Defense entity to make the determinations specified in paragraph (2). Not later than January 1, 2025 , the Secretary of Defense shall submit to the congressional committees specified in subsection (c)(1) a final report on the pilot program under subsection (a). Such report shall include the observations and findings of the Department relating to the charging stations and other covered infrastructure implemented and maintained under such pilot program, including with respect to the elements specified in subsection (c)(2). The terms ‘Armed Forces’ and ‘military departments’ have the meanings given those terms in section 101 of title 10 , United States Code. The term ‘charging station’ means a collection of one or more electric vehicle supply equipment units serving the purpose of charging an electric vehicle battery. charge electric vehicles, including by transmitting electricity to such vehicles directly; or support the charging of electric vehicles, including by supporting the resilience of grids or other systems for delivering energy to such vehicles (such as through the mitigation of grid stress); and charging stations; batteries; battery-swapping systems; microgrids; off-grid charging systems; and other apparatuses installed for the specific purpose of delivering energy to an electric vehicle or to a battery intended to be used in an electric vehicle, including wireless charging technologies. a plug-in hybrid electric vehicle that uses a combination of electric and gas powered engine that can use either gasoline or electricity as a fuel source; and a plug-in electric vehicle that runs solely on electricity and does not contain an internal combustion engine or gas tank. The term ‘electric vehicle supply equipment unit’ means the port that supplies electricity to one vehicle at a time. The term ‘microgrid’ means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that acts as a single controllable entity with respect to the grid. The term ‘military installation’ has the meaning given that term in section 2801 of title 10 , United States Code. The term ‘wireless charging’ means the charging of a battery by inductive charging or by any means in which a battery is charged without a wire, or plug-in wire, connecting the power source and battery.” An analysis of how heat islands exacerbate summer heat conditions and necessitate the increased use of air conditioning on the installations, including an estimate of the cost of such increased usage with respect to both utilities costs and shortened service life of air conditioning units. An assessment of any readiness effects related to heat islands, including the loss of training hours due to black flag conditions, and the corresponding cost of such effects. develop a plan for mitigating the effects of heat islands at the most severely affected installations, including by increasing tree coverage, installing cool roofs or green roofs, and painting asphalt; and promulgate best practices enterprise-wide for cost avoidance and reduction of the effects of heat islands. the findings of each analysis conducted under subsection (a); the plan developed under subsection (b); and such other matters as the Secretaries determine appropriate. The term ‘heat island’ means an area with a high concentration of structures (such as building, roads, and other infrastructure) that absorb and re-emit the sun’s heat more than natural landscapes such as forests or bodies of water.” reliance on Russian energy poses a critical challenge for national security activities in the area of responsibility of the United States European Command; and in order to reduce the vulnerability of United States military facilities to disruptions caused by reliance on Russian energy, the Department of Defense should establish and implement plans to reduce reliance on Russian energy for all operating bases in the area of responsibility of the United States European Command. It shall be the goal of the Department of Defense to eliminate the use of Russian energy on each operating base in the area of responsibility of the United States European Command by not later than five years after the date of the completion of an installation energy plan for such base, as required under this section. In the case of a main operating base, by not later than June 1, 2023 . In the case of any operating base other than a main operating base, by not later than June 1, 2024 . an installation energy plan for each main operating base on the list submitted under paragraph (1)(A); and a description of the steps that would be required to meet such goal; and an analysis of the effects such steps would have on the national security of the United States. Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025 [ Dec. 23, 2024 ], the Secretary of Defense shall submit to the congressional defense committees an installation energy plan for each operating base within the area of responsibility of the United States European Command. An assessment of the energy resilience requirements, resiliency gaps, and energy-related cybersecurity requirements of the base, including with respect to operational technology, control systems, and facilities-related control systems. An identification of investments in technology required to improve energy resilience, reduce demand, strengthen energy conservation, and support mission readiness. An identification of investments in infrastructure, including microgrids, required to strengthen energy resilience and mitigate risk due to grid disturbance. Recommendations related to opportunities for the use of renewable energy, clean energy, nuclear energy, and energy storage projects to reduce dependence on natural gas. An assessment of how the requirements and recommendations included pursuant to paragraphs (2) through (4) interact with the energy policies of the country where the base is located, both at present and into the future. begin implementing the plan; and provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the contents of the plan and the strategy of the Secretary for implementing the mitigation measures identified in the plan. In implementing an installation energy plan for a base under this section, the Secretary shall prioritize projects requested under section 2914 of title 10 , United States Code, to mitigate assessed risks and improve energy resilience, energy security, and energy conservation at the base. Subsection (d) of section 2914 of title 10 , United States Code, shall not apply with respect to any project carried out pursuant to this section or pursuant to an installation energy plan for a base under this section. The Secretary of Defense shall establish a policy to ensure that any new military base in the area of responsibility of the United States European Command is established in a manner that proactively includes the consideration of energy security, energy resilience, and mitigation of risk due to energy disruption. The actions each operating base is taking to implement the installation energy plan for that base. The progress that has been made toward reducing the reliance of United States bases on Russian energy. The steps being taken and planned across the future-years defense program to meet the goal of eliminating reliance on Russian energy. Of the funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2025 [ Pub. L. 118–159 , see Tables for classification] or otherwise made available for fiscal year 2025 for the Office of the Secretary of Defense for travel, not more than 75 percent may be obligated or expended until the submission of the installation energy plans and assessment required under subsection (c)(2)(A). In this section, the term ‘operating base’ has the meaning of that term as used in the most recently submitted Global Defense Posture Report, as required to be submitted under section 113(g)(4)(A)(iii) of title 10 , United States Code.” The Secretary of Defense shall improve military installation efficiency, performance, and management by ensuring that at least 10 percent of major military installations achieve energy net-zero and water or waste net-zero by fiscal year 2035. In this section [enacting this note and provisions not set out in the Code], the term ‘major military installation’ has the meaning given to the term ‘large site’ in the most recent version of the Department of Defense Base Structure Report issued before the date of the enactment of this Act [ Dec. 27, 2021 ].” Not later than March 1, 2022 , the Secretary of Defense shall establish a demonstration initiative composed of demonstration projects focused on the development of long-duration energy storage technologies. ensure a range of technology types; ensure regional diversity among projects; and consider bulk power level, distribution power level, behind-the-meter, microgrid (grid-connected or islanded mode), and off-grid applications. to demonstrate promising long-duration energy storage technologies at different scales to promote energy resiliency; and to help new, innovative long-duration energy storage technologies become commercially viable. Not later than 180 days after the date of the enactment of this Act [ Dec. 27, 2021 ], the Secretary of Defense shall enter into a memorandum of understanding with the Secretary of Energy to administer the joint program. installations of the Department of Defense; and facilities of the Department of Energy; and develop new infrastructure for identified projects, if appropriate. The Secretary of Defense and the Secretary of Energy shall develop goals and metrics for technological progress under the joint program consistent with energy resilience and energy security policies. ensure that projects are carried out under conditions that represent a variety of environments with different physical conditions and market constraints; and larger, operationally-scaled projects, adapting commercially-proven technology that meets military service defined requirements; and smaller, lower-cost projects. make available to the public project information that will accelerate deployment of long-duration energy storage technologies that promote energy resiliency; and will be carried out as field demonstrations fully integrated into the installation grid at an operational scale.” The Secretary of Defense may conduct a pilot program (to be known as the ‘Installations Emissions Tracking Program’) to evaluate the feasibility and effectiveness of software and emerging technologies and methodologies to track real-time emissions from military installations and installation assets. to evaluate the capabilities of software and emerging technologies and methodologies to effectively track emissions in real time; and to reduce energy costs and increase efficiencies. If the Secretary conducts the Installations Emissions Tracking Program, the Secretary shall select, for purposes of the Program, four major military installations located in different geographical regions of the United States.” Not later than September 30, 2022 , the Secretary of Defense shall submit to Congress a plan to reduce the greenhouse gas emissions of the Department of Defense. The Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate annual briefings on the progress of the Department of Defense toward meeting science-based emissions targets in the plan required by subsection (a).” The Assistant Secretary of Defense for Energy, Installations, and Environment shall exercise authority, direction, and control over the Operational Energy Capability Improvement Fund of the Department of Defense (in this section referred to as the ‘OECIF’). Not later than 60 days after the date of the enactment of this Act [ Jan. 1, 2021 ], the Secretary of Defense shall realign the OECIF under the Assistant Secretary of Defense for Energy, Installations, and Environment, with such realignment to include personnel positions adequate for the mission of the OECIF. The Assistant Secretary shall ensure that the placement under the authority of the Assistant Secretary of the OECIF along with the Strategic Environmental Research Program, the Environmental Security Technology Certification Program, and the Operational Energy Prototyping Program is utilized to advance common goals of the Department, promote organizational synergies, and avoid unnecessary duplication of effort. Commencing not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, through the Assistant Secretary of Defense for Energy, Installations, and Environment, shall carry out a program for the demonstration of technologies related to operational energy prototyping, including demonstration of operational energy technology and validation prototyping. The Secretary shall ensure that the program under paragraph (1) operates in conjunction with the OECIF to promote the transfer of innovative technologies that have successfully established proof of concept for use in production or in the field. identify and demonstrate the most promising, innovative, and cost-effective technologies and methods that address high-priority operational energy requirements of the Department of Defense; collect cost and performance data to overcome barriers against employing an innovative technology because of concerns regarding technical or programmatic risk; and ensure that components of the Department have time to establish new requirements where necessary and plan, program, and budget for technology transition to programs of record; utilize project structures similar to those of the OECIF to ensure transparency and accountability throughout the efforts conducted under the program; and give priority, in conjunction with the OECIF, to the development and fielding of clean technologies that reduce reliance on fossil fuels. In carrying out the program under paragraph (1) the Secretary shall develop and utilize a tool to track relevant investments in operational energy from applied research to transition to use to ensure user organizations have the full picture of technology maturation and development. The tool developed and utilized under subparagraph (A) shall be designed to overcome transition challenges with rigorous and well-documented demonstrations that provide the information needed by all stakeholders for acceptance of the technology. The Secretary shall carry out the testing and evaluation phase of the program under paragraph (1) at installations of the Department of Defense or in conjunction with exercises conducted by the Joint Staff, a combatant command, or a military department. The Secretary shall carry out any formal demonstrations under the program under paragraph (1) at installations of the Department or in operational settings to document and validate improved warfighting performance and cost savings.” The Secretary of Defense and the Secretaries of the military departments shall improve the metering of electrical energy usage of covered defense structures to accurately determine energy consumption by such a structure to increase energy efficiency and improve energy resilience, using any combination of the options specified in subsection (b) or such other methods as the Secretary concerned considers practicable. Installation of a smart meter at the electric power supply cable entry point of the covered defense structure, with remote data storage and retrieval capability using cellular communication, to provide historical energy usage data on an hourly basis to accurately determine the optimum cost effective energy efficiency and energy resilience measures for the covered defense structure. Use of an energy usage audit firm to individually meter the covered defense structure using clamp-on meters and data storage to provide year–long electric energy load profile data, particularly in the case of a covered defense structure located in climates with highly variable use based on weather or temperature changes, to accurately identify electric energy usage demand for both peak and off peak periods for a covered defense structure. Manual collection and calculation of the connected load via nameplate data survey of all the connected electrical devices for the covered defense structure and comparison of such data to the designed maximum rating of the incoming electric supply to determine the maximum electrical load for the covered defense structure. The Secretary of Defense and the Secretaries of the military departments shall consult with the Chief Information Officer of the Department of Defense to ensure that the electrical energy metering options considered under subsection (b) do not compromise the cybersecurity of Department of Defense networks. The Secretary of Defense and the Secretaries of the military departments shall consider the use of arrangements (known as public-private partnerships) with appropriate entities outside the Government to reduce the cost of carrying out this section. is used to support a critical mission of the Department; and is located at a military installation with base-wide resilient power. The term ‘energy resilience’ has the meaning given that term in section 101(e)(6) of title 10 , United States Code [now 10 U.S.C. 101(f)(6) ]. As part of the Department of Defense energy management report to be submitted under section 2925 of title 10 , United States Code, during fiscal year 2022, the Secretary of Defense shall include information on the progress being made to comply with the requirements of this section.” The Secretary of Defense may conduct a pilot program (to be known as the ‘Emergency Diesel Generator Microgrid Program’) to evaluate the feasibility and cost effectiveness of connecting existing diesel generators at a military installation selected pursuant to subsection (c) to create and support one or more microgrid configurations at the installation capable of providing full-scale electrical power for the defense critical facilities located at the installation during an emergency involving the loss of external electric power supply caused by an extreme weather condition, manmade intentional infrastructure damage, or other circumstance. to test assumptions about lower operating and maintenance costs, parts interchangeability, lower emissions, lower fuel usage, increased resiliency, increased reliability, and reduced need for emergency diesel generators; and to establish design criteria that could be used to build and sustain emergency diesel generator microgrids at other military installations. are defense critical electric infrastructure sites or contain, or are served by, defense critical electric infrastructure; contain more than one defense critical function for national defense purposes and the mission assurance of such critical defense facilities are paramount to maintaining national defense and force projection capabilities at all times; and face unique electric energy supply, delivery, and distribution challenges that, based on the geographic location of the installations and the overall physical size of the installations, adversely impact rapid electric infrastructure restoration after an interruption. The Secretary of Defense shall use existing diesel generators that are sized >/= 750kW output. The Secretary of Defense shall create the microgrid using commercially available and proven designs and technologies. The existing diesel generators used for the microgrid should be spaced within 1.0 to 1.5 mile of each other and, using a dedicated underground electric cable network, be tied into a microgrid configuration sufficient to supply mission critical facilities within the service area of the microgrid. A selected military installation may contain more than one such microgrid under the Emergency Diesel Generator Microgrid Program. The Secretary of Defense may use the authority under section 2914 of title 10 , United States Code (known as the Energy Resilience and Conservation Investment Program), and energy savings performance contracts to conduct the Emergency Diesel Generator Microgrid Program. The term ‘defense critical electric infrastructure’ has the meaning given that term in section 215A of the Federal Power Act ( 16 U.S.C. 824 o –1). The term ‘energy savings performance contract’ has the meaning given that term in section 804(3) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287c(3) ). The term ‘existing diesel generators’ means diesel generators located, as of the date of the enactment of this Act [ Jan. 1, 2021 ], at a major military installation selected as a location for the Emergency Diesel Generator Microgrid Program and intended for emergency use. The term ‘major military installation’ has the meaning given that term in section 2864 of title 10 , United States Code.” Notwithstanding section 2208 of title 10 , United States Code, the Secretary of Defense and the military departments may use a working capital fund established pursuant to that section for expenses directly related to conducting a pilot program for energy optimization initiatives described in subsection (b). Energy optimization initiatives covered by the pilot program include the research, development, procurement, installation, and sustainment of technologies or weapons system platforms, and the manpower required to do so, that would improve the efficiency and maintainability, extend the useful life, lower maintenance costs, or provide performance enhancement of the weapon system platform or major end item. any product improvement that significantly changes the performance envelope of an end item; or any single component with an estimated total cost in excess of $10,000,000. beginning on the date specified in such paragraph (2); and ending on the date of the submittal of the report. The Secretary of Defense shall submit an annual report to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] on the use of the authority under subsection (a) during the preceding fiscal year. The report required by paragraph (1) in a fiscal year shall be submitted not later than 60 days after the date of the submittal to Congress of the budget of the President for the succeeding fiscal year pursuant to section 1105 of title 31 , United States Code. In the case of the report required to be submitted under paragraph (1) during fiscal year 2020, the report shall include the recommendation of the Secretary of Defense and the military departments regarding whether the authority under subsection (a) should be made permanent. The authority under subsection (a) shall expire on October 1, 2024 .” The Secretary of Defense shall ensure that each contract for the acquisition of furnished energy for a covered military installation in Europe does not use any energy sourced from inside the Russian Federation as a means of generating the furnished energy for the covered military installation. the waiver of such subsection is necessary to ensure an adequate supply of furnished energy for the covered military installation; and the Secretary has balanced these national security requirements against the potential risk associated with reliance upon the Russian Federation for furnished energy. The rationale for the waiver, including the basis for the certifications required by subparagraphs (A) and (B) of paragraph (1). An assessment of how the waiver may impact the European energy resiliency strategy. An explanation of the measures the Department of Defense is taking to mitigate the risk of using Russian Federation furnished energy. The term ‘covered military installation’ means a military installation in Europe identified by the Department of Defense as a main operating base. The term ‘furnished energy’ means energy furnished to a covered military installation in any form and for any purpose, including heating, cooling, and electricity.” reduce the dependency of all United States military installations in Europe on energy sourced inside Russia; and ensure that all United States military installations in Europe are able to sustain operations in the event of a supply disruption. has taken significant steps to minimize to the extent practicable the dependency on energy sourced inside the Russian Federation at such installations; and has the ability to sustain mission critical operations during an energy supply disruption. In this section, the term ‘energy sourced inside Russia’ means energy that is produced, owned, or facilitated by companies that are located in the Russian Federation or owned or controlled by the Government of the Russian Federation.” issue guidance about the use of available financing approaches for financing renewable energy projects; and direct the Secretaries of the military departments to update their military department-wide guidance accordingly. 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. 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. 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. 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 and Sustainment. The Secretary of Defense shall also issue the guidance under subsection (b) in consultation with the Secretaries of the military departments.” 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. 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. The technology or process does not disrupt the mission, the logistics, or the core requirements in the contingency operation concerned. The technology or process is able to integrate seamlessly into the existing infrastructure in the contingency operation concerned. The Under Secretary of Defense for Acquisition and Sustainment 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. The annual report required by section 2925(b) of title 10 , United States Code [as amended by Pub. L. 117–263, § 314(b)(1)(B) , section 2925(b) of this title relates to elements in reports required by section 2925(a) of this title ], shall include information on the progress in the implementation of this section, including savings achieved by the Department resulting from such implementation. 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. The term ‘contingency operation’ has the meaning provided in section 101(a)(13) of title 10 , United States Code.” Favorable consideration for energy security in the design and development of energy projects on the military installation that will use renewable energy sources. 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. 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. In this subsection, the term ‘energy security’ has the meaning given that term in [former] paragraph (3) of section 2924 of title 10 , United States Code, as added by section 2821(a).” 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; improve consistency among energy managers throughout the Department in the performance of their responsibilities; 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 collaborate with the Department of Energy regarding energy manager training. 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. 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.” 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. A commitment to participate made by a military installation being considered for selection. The findings and recommendations of relevant energy security assessments of military installations being considered for selection. The availability of renewable energy sources at a military installation being considered for selection. 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. 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. Under the pilot program, the Secretaries shall evaluate and validate the performance of new energy technologies that may be incorporated into operating environments. 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. 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. 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. 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. 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. 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. 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. 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 the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Commerce, Science, and Transportation of the Senate. 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. a national laboratory (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )); or a national security laboratory (as defined in section 3281 of the National Nuclear Security Administration Act ( 50 U.S.C. 2471 )).” 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. An identification of the areas of vulnerability as described in paragraph (1), and an identification of priorities in addressing such areas of vulnerability. A schedule for the actions to be taken by the Department to address such areas of vulnerability. 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. An estimate of and consideration for the costs to the Department associated with implementation of the strategy. 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.” 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. 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. such waiver is approved by the Under Secretary of Defense for Acquisition and Sustainment; and the system is a fuel consuming system that the Under Secretary of Defense for Acquisition and Sustainment determines requires, or is likely to require, sustainment on at least an occasional basis. The authority to approve a waiver under subparagraph (A) may not be delegated. 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. 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. 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. an explanation of the reasons why the requirements, or portions of the requirements, have not been implemented; and a revised plan under subsection (d) to complete implementation or a rationale regarding why portions of the requirements cannot or should not be implemented. 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.” 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. The Secretary of Defense shall develop integrated prioritized plans to eliminate, reduce, or mitigate significant risks identified in the risk assessment under subsection (a). prioritize the mission critical installations, facilities, and activities that are subject to the greatest and most urgent risks; and consider the cost effectiveness of risk mitigation options.” 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. 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. the life cycle cost effectiveness of the fixture or bulb; the compatibility of the fixture or bulb with existing equipment; whether use of the fixture or bulb could result in interference with productivity; the aesthetics relating to use of the fixture or bulb; and such other factors as the Secretary concerned determines appropriate. 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 the Secretary of Defense or the Secretary of a military department has otherwise determined that the fixture or bulb is energy efficient. 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. 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. The requirements of subsections (a) and (b) shall take effect one year after the date of the enactment of this Act [ Jan. 28, 2008 ].” enhance platform performance; reduce the size of the fuel logistics systems; reduce the burden high fuel consumption places on agility; reduce operating costs; and dampen the financial impact of volatile oil prices.”

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