(a)
(b)
(A) The project title.
(B) The location of the project.
(C) A brief description of the scope of work.
(D) The original project cost estimate and the current working cost estimate, if different.
(E) Such other information as the Secretary considers appropriate.
(2) In the case of a military construction project for energy conservation, the Secretary also shall include the following information:
(A) The original expected savings-to-investment ratio and simple payback estimates and measurement and verification cost estimate.
(B) The most current expected savings-to-investment ratio and simple payback estimates and measurement and verification plan and costs.
(C) A brief description of the measurement and verification plan and planned funding source.
(3) In the case of a military construction project for energy resilience or energy security, the Secretary also shall include the rationale for how the project would enhance mission assurance, support mission critical functions, and address known vulnerabilities.
(c)
(A) the current estimate of the cost of the project;
(B) the source of funds for the project; and
(C) a certification that deferring the project pending the availability of funds appropriated for or otherwise made available for military construction would be inconsistent with the timely assurance of energy resilience, energy security, or energy conservation for one or more critical national security functions.
(2) A project carried out under this section using amounts under paragraph (1) may be carried out only after the end of the seven-day period beginning on the date on which a copy of the notification described in paragraph (1) is provided in an electronic medium pursuant to section 480 of this title.
(3) The maximum aggregate amount that the Secretary concerned may obligate from amounts available to the military department concerned for operation and maintenance in any fiscal year for projects under the authority of this subsection is $100,000,000.
(d)
(1) activities related to a utility system authorized under subsections (h), (j), and (k) of section 2688 or section 2913 of this title, notwithstanding that the United States does not own the utility system covered by the project; and
(2) energy-related activities included as a separate requirement in an energy savings performance contract (as defined in section 804(3) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(3))).
(e)
(2) In carrying out the requirements of paragraph (1), the Secretary of Defense shall consider, to the maximum extent practicable, the following:
(A) The adoption of commercially available cybersecurity supply chain risk management tools and solutions.
(B) The inclusion of existing databases on cyber vulnerabilities when selecting such tools and solutions.
(C) The need for such tools and methods to provide continuous analysis, monitoring, and mitigation of cyber vulnerabilities in covered projects.
(D) Beginning with fiscal year 2026, documentation for any new requirements for cybersecurity supply chain risk management in annual guidance for covered projects that is submitted along with the annual budget request of the President submitted pursuant to section 1105 of title 31.
(3) In this subsection, the term "covered project" means a project connected to a Department of Defense Information Network for which funds are made available under this section.
(f)
Editorial Notes
Amendments
2023—Subsecs. (e), (f). Pub. L. 118–31 added subsec. (e) and redesignated former subsec. (e) as (f).
2021—Pub. L. 116–283, §2805(a), amended section generally. Prior to amendment, section related to energy resilience and conservation construction projects.
Subsecs. (c), (d). Pub. L. 117–81 added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).
Pub. L. 116–283, §2823(b), added subsec. (c) and redesignated former subsec. (c) as (d).
Subsec. (e). Pub. L. 117–81, §2804(1), redesignated subsec. (d) as (e).
2018—Pub. L. 115–232 substituted "resilience" for "resiliency" in section catchline.
2017—Pub. L. 115–91, §2831(c)(1), substituted "energy resilience" for "energy resiliency" wherever appearing in text.
Subsec. (b)(1). Pub. L. 115–91, §2801(e)(1), struck out "in writing" after "shall notify" and "or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided" after "received by such committees" and substituted "14-day period" for "21-day period".
2016—Pub. L. 114–328, §2805(a)(1)(A), inserted "resiliency and" before "conservation construction projects" in section catchline. Text quoted in directory language of amendment was editorially conformed to the style of the catchline.
Subsec. (a). Pub. L. 114–328, §2805(a)(1)(B), substituted "military construction project for energy resiliency, energy security, or energy conservation" for "military construction project for energy conservation".
Subsec. (b). Pub. L. 114–328, §2805(b)(1)(A), designated existing provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 114–328, §2805(b)(2), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Pub. L. 114–328, div. B, title XXVIII, §2805(b)(1)(B), Dec. 23, 2016, 130 Stat. 2714, provided that: "The amendment made by subparagraph (A) [amending this section] shall apply with respect to notifications provided during fiscal year 2017 or any succeeding fiscal year."