Title 10Armed ForcesRelease 119-73

§2922a Contracts for energy or fuel for military installations

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART IV— - SERVICE, SUPPLY, AND PROPERTY › Chapter CHAPTER 173— - ENERGY SECURITY › Subchapter SUBCHAPTER II— - ENERGY-RELATED PROCUREMENT › § 2922a

Last updated Apr 6, 2026|Official source

Summary

The Secretary of a military department may enter into contracts lasting up to 30 years. These contracts can be made under section 2917 and can cover building and running energy-production facilities on military land or on private land, and buying the energy they produce. Any such contract can only be made after the Secretary of Defense approves it. The money needed for these contracts in any year may be paid from that year’s annual appropriations. The Secretary must treat energy security and energy resilience as important factors when providing and operating those facilities.

Full Legal Text

Title 10, §2922a

Armed Forces — Source: USLM XML via OLRC

(a)Subject to subsection (b), the Secretary of a military department may enter into contracts for periods of up to 30 years—
(1)under section 2917 of this title; and
(2)for the provision and operation of energy production facilities on real property under the Secretary’s jurisdiction or on private property and the purchase of energy produced from such facilities.
(b)A contract may be made under subsection (a) only after the approval of the proposed contract by the Secretary of Defense.
(c)The costs of contracts under this section for any year may be paid from annual appropriations for that year.
(d)The Secretary concerned shall ensure energy security and energy resilience are included as critical factors in the provision and operation of energy production facilities under this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2019—Subsec. (d). Pub. L. 116–92 substituted “energy resilience are included as critical factors” for “resilience are prioritized and included”. 2018—Subsec. (d). Pub. L. 115–232 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The Secretary concerned shall prioritize energy security and resilience.” 2017—Subsec. (d). Pub. L. 115–91 added subsec. (d). 2006—Pub. L. 109–364, § 2851(b)(2), renumbered section 2394 of this title as this section. Subsec. (a)(1). Pub. L. 109–364, § 2851(b)(3)(C), substituted “section 2917” for “section 2689”. 1990—Subsec. (b). Pub. L. 101–510 substituted “only after the approval of the proposed contract by the Secretary of Defense” for “only— “(1) after the approval of the proposed contract by the Secretary of Defense; and “(2) after the Committees on Armed Services and on Appropriations of the Senate and House of Representatives have been notified of the terms of the proposed contract, including the dollar amount of the contract and the amount of energy or fuel to be delivered to the Government under the contract”. 1987—Subsec. (c). Pub. L. 100–26, which directed that “The term” be inserted in each paragraph after the paragraph designation and the first word after the first quotation marks in each paragraph be revised so that the initial letter of such word is lowercase, could not be executed because subsec. (c) contained no paragraphs and no quoted words. The probable intent of Congress was to amend section 2393(c) of this title. 1982—Subsec. (a). Pub. L. 97–321, § 805(b)(3)(A), substituted “subsection (b)” for “subsection (c)”. Subsecs. (c), (d). Pub. L. 97–321, § 805(b)(3)(B), redesignated subsec. (d) as (c).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1982, and applicable to military

Construction

projects, and to

Construction

and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 2922a

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73