US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 2922a

Contracts for energy or fuel for military installations

(a)
Subject to subsection (b), the Secretary of a military department may enter into contracts for periods of up to 30 years—
(1)
section 2917 of this title under ; 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.

Pub. L. 97–214, § 6(a)(1)96 Stat. 171Pub. L. 97–321, title VIII, § 805(b)(3)96 Stat. 1573Pub. L. 100–26, § 7(k)(2)101 Stat. 284Pub. L. 101–510, div. A, title XIII, § 1301(12)104 Stat. 1668Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2)120 Stat. 2494Pub. L. 115–91, div. B, title XXVIII, § 2833131 Stat. 1858Pub. L. 115–232, div. A, title III, § 312(d)132 Stat. 1710Pub. L. 116–92, div. A, title III, § 320(a)(2)(A)133 Stat. 1306(Added , , , § 2394; amended , , ; , , ; , , ; renumbered § 2922a and amended , (3)(C), , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 116–922019—Subsec. (d). substituted “energy resilience are included as critical factors” for “resilience are prioritized and included”.

Pub. L. 115–2322018—Subsec. (d). amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The Secretary concerned shall prioritize energy security and resilience.”

Pub. L. 115–912017—Subsec. (d). added subsec. (d).

Pub. L. 109–364, § 2851(b)(2)section 2394 of this title2006—, renumbered as this section.

Pub. L. 109–364, § 2851(b)(3)(C)Subsec. (a)(1). , substituted “section 2917” for “section 2689”.

Pub. L. 101–5101990—Subsec. (b). 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”.

Pub. L. 100–26section 2393(c) of this title1987—Subsec. (c). , 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 .

Pub. L. 97–321, § 805(b)(3)(A)1982—Subsec. (a). , substituted “subsection (b)” for “subsection (c)”.

Pub. L. 97–321, § 805(b)(3)(B)Subsecs. (c), (d). , redesignated subsec. (d) as (c).

Statutory Notes and Related Subsidiaries

Effective Date

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