US Code

Public Law 119-83 (04/13/2026)

10 U.S.C. § 2912

Availability and use of energy cost savings

(a)

Availability .—

section 2913 of this titleAn amount of the funds appropriated to the Department of Defense for a fiscal year that is equal to the amount of energy cost savings realized by the Department, including financial benefits resulting from shared energy savings contracts entered into under , and, in the case of operational energy, from both training and operational missions, shall remain available for obligation under subsection (b) or (c), as the case may be, for that fiscal year and the succeeding fiscal year, without additional authorization or appropriation.
(b)

Use .—

section 2916(b)(2) of this titleExcept as provided in subsection (c) with respect to operational energy cost savings, the Secretary of Defense shall provide that the amount that remains available for obligation under subsection (a) and the funds made available under shall be used as follows:
(1)
One-half of the amount shall be used for the implementation of additional energy resilience, mission assurance, weather damage repair and prevention, energy conservation, and energy security measures, including energy resilience and energy conservation construction projects, at buildings, facilities, or installations of the Department of Defense or related to vehicles and equipment of the Department, which are designated, in accordance with regulations prescribed by the Secretary of Defense, by the head of the department, agency, or instrumentality that realized the savings referred to in subsection (a).
(2)
One-half of the amount shall be used at the installation at which the savings were realized, as determined by the commanding officer of such installation consistent with applicable law and regulations, for—
(A)
improvements to existing military family housing units;
(B)
any unspecified minor construction project that will enhance the quality of life of personnel; or
(C)
any morale, welfare, or recreation facility or service.
(c)

Use of Operational Energy Cost Savings .—

(1)
The amount that remains available for obligation under subsection (a) that relates to operational energy cost savings realized by the Department shall be used for the implementation of operational energy initiatives.
(2)
The Secretary of Defense shall design operational energy initiatives under paragraph (1) to advance the objectives of the Department in the areas of energy resilience and fuel efficiency.
(3)
Operational energy initiatives carried out under paragraph (1) may directly contribute to enhanced mission and combat capabilities, fund operational environment training activities, or establish programs to incentivize demonstrable reductions in energy expenditures within the department, agency, or instrumentality credited with achieving the energy cost savings under subsection (a).
(d)

Treatment of Certain Financial Incentives .—

section 2913 of this titleFinancial incentives received from gas or electric utilities under shall be credited to an appropriation designated by the Secretary of Defense. Amounts so credited shall be merged with the appropriation to which credited and shall be available for the same purposes and the same period as the appropriation with which merged.
(e)

Transfer of Amounts .—

(1)
Not later than 60 days after being notified of amounts described in subsection (a) that remain available for obligation, the Secretary of Defense shall transfer such amounts to other funding accounts of the Department of Defense if the purpose for which such amounts will be used is a purpose specified in subsection (b) or (c).
(2)
Amounts transferred to a funding account of the Department under paragraph (1) shall be available for obligation for the same period as amounts in that account.
(3)
At the end of each fiscal year, the Secretary of Defense shall submit to Congress a report detailing any funds transferred pursuant to paragraph (1) during that fiscal year, including a detailed description of the purpose for which such amounts have been used.
(f)

Operational Energy Cost Savings Defined .—

In this section, the term “operational energy cost savings” means the monetary savings achieved through measures to reduce energy expenditures relative to the amount that would have been necessary to sustain an equivalent level of capability in the absence of such measures.

Pub. L. 109–364, div. B, title XXVIII, § 2851(a)(1)120 Stat. 2491 Pub. L. 112–239, div. B, title XXVIII, § 2822126 Stat. 2152 Pub. L. 115–91, div. A, title X, § 1051(a)(26)131 Stat. 1562 Pub. L. 115–232, div. A, title III, § 312(h)132 Stat. 1711 Pub. L. 116–92, div. A, title III, § 317133 Stat. 1304 Pub. L. 116–283, div. A, title III, § 317134 Stat. 3519 Pub. L. 117–81, div. A, title III, § 315135 Stat. 1630 Pub. L. 119–60, div. A, title III, § 313139 Stat. 804 (Added , , ; amended , , ; , div. B, title XXVIII, § 2832, , , 1858; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 119–60, § 313(1)2025—Subsec. (c). , designated existing provisions as par. (1), substituted “operational energy initiatives.” for “additional operational energy resilience, efficiencies, mission assurance, energy conservation, or energy security within the department, agency, or instrumentality that realized that savings.” and added pars. (2) and (3).

Pub. L. 119–60, § 313(2)Subsec. (e)(1). , substituted “Not later than 60 days after being notified of amounts described in subsection (a) that remain available for obligation, the Secretary of Defense shall transfer such amounts” for “The Secretary of Defense may transfer amounts described in subsection (a) that remain available for obligation”.

Pub. L. 119–60, § 313(3)Subsec. (f). , added subsec. (f).

Pub. L. 117–81, § 315(1)2021—Subsec. (a). , substituted “for that fiscal year and the succeeding fiscal year” for “until expended”.

Pub. L. 116–283section 2913 of this title inserted “and, in the case of operational energy, from both training and operational missions,” after “under ,”.

Pub. L. 117–81, § 315(2)Subsec. (e). , added subsec. (e).

Pub. L. 116–92, § 317(1)2019—Subsec. (a). , substituted “subsection (b) or (c), as the case may be,” for “subsection (b)”.

Pub. L. 116–92, § 317(2)Subsec. (b). , substituted “Except as provided in subsection (c) with respect to operational energy cost savings, the Secretary of Defense” for “The Secretary of Defense” in introductory provisions.

Pub. L. 116–92, § 317(3)Subsecs. (c), (d). , (4), added subsec. (c) and redesignated former subsec. (c) as (d).

Pub. L. 115–2322018—Subsec. (b)(1). inserted “, including energy resilience and energy conservation construction projects,” after “energy security measures”.

Pub. L. 115–91, § 28322017—Subsec. (b)(1). , substituted “energy resilience, mission assurance, weather damage repair and prevention, energy conservation, and” for “energy conservation and”.

Pub. L. 115–91, § 1051(a)(26)section 1105 of title 31Subsec. (d). , struck out subsec. (d). Text read as follows: “The Secretary of Defense shall include in the budget material submitted to Congress in connection with the submission of the budget for a fiscal year pursuant to a separate statement of the amounts available for obligation under this section in that fiscal year.”

Pub. L. 112–2392013—Subsec. (b)(1). inserted “and energy security” after “additional energy conservation”.

Statutory Notes and Related Subsidiaries

Transfer of Funds for Energy and Water Efficiency in Federal Buildings

Pub. L. 109–148, div. A, title VIII, § 8054119 Stat. 2710

“Appropriations available under the heading ‘Operation and Maintenance, Defense-Wide’ for the current fiscal year and hereafter for increasing energy and water efficiency in Federal buildings may, during their period of availability, be transferred to other appropriations or funds of the Department of Defense for projects related to increasing energy and water efficiency, to be merged with and to be available for the same general purposes, and for the same time period, as the appropriation or fund to which transferred.”
, , , provided that:

Similar provisions for specified fiscal years were contained in the following prior appropriation acts:

Pub. L. 108–287, title VIII, § 8058118 Stat. 983 , , .

Pub. L. 108–87, title VIII, § 8058117 Stat. 1085 , , .

Pub. L. 107–248, title VIII, § 8059116 Stat. 1550 , , .

Pub. L. 107–117, div. A, title VIII, § 8064115 Stat. 2261 , , .

Pub. L. 106–259, title VIII, § 8063114 Stat. 688 , , .

Pub. L. 106–79, title VIII, § 8066113 Stat. 1245 , , .

Pub. L. 105–262, title VIII, § 8066112 Stat. 2312 , , .

Pub. L. 105–56, title VIII, § 8072111 Stat. 1235 , , .

Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8081]110 Stat. 3009–71 , , , 3009–104.

Pub. L. 104–61, title VIII, § 8097109 Stat. 671 , , .

Pub. L. 103–139, title VIII, § 8149107 Stat. 1475 , , .