b._NDAA_Conference_Report.pdf

Excerpt from the NDAA Conference Report:

This has been passed by the House of Representatives:

From 1503-4 of the conference report

SEC. 2880. ENERGY SECURITY FOR MILITARY INSTALLATIONS IN EUROPE.

(a) AUTHORITY.—The Secretary of Defense shall take appropriate measures, to the extent practicable, to (1) reduce the dependency of all United States military installations in Europe on energy sourced inside Russia; and (2) ensure that all United States military installations in

Europe are able to sustain operations in the event of a supply disruption.

(b) CERTIFICATION REQUIREMENT.—Not later than 8 December 31, 2021, the Secretary of Defense shall certify to the congressional defense committees whether or not at United

States military installations in Europe the Department of Defense (1) has taken significant steps to minimize to the extent practicable the dependency on energy sourced inside the

Russian Federation at such installations; and (2) has the ability to sustain mission critical operations during an energy supply disruption.

(c) DEFINITION OF ENERGY SOURCES INSIDE RUSSIA.—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.

This is additional language added by the Senate (I believe by the

Armed Services Committee):

From 2188-9 of the online PDF that has the conference report, under a section titled “Joint

Explanatory Statement of the Committee of Conference”:

Energy security for military installations in Europe (sec. 2880) The Senate amendment contained a provision (sec. 7802) that would require the

Secretary of Defense to reduce the dependency of United States military installations in

Europe on Russian energy sources.

The House bill contained no similar provision.

The House recedes with an amendment that would require the Secretary of Defense to certify that the Department of Defense has taken significant steps at military installations in

Europe to minimize dependency on energy sourced inside the Russian Federation and to ensure the ability to sustain operations during an energy supply disruption.

In addition, the conferees direct that the briefing required by the related House Committee

Report (under the heading “Energy Resiliency of Overseas Military Installations”) shall be also provided to the Senate Committee on Armed Services

Existing Law:

https://www.law.cornell.edu/uscode/text/10/2922a

10 U.S. Code § 2922a - Contracts for energy or fuel for military installations

US Code Notes prev | next (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.

(Added Pub. L. 97–214, § 6(a)(1), July 12, 1982, 96 Stat. 171, § 2394;

amended Pub. L. 97–321, title VIII, § 805(b)(3), Oct. 15, 1982, 96 Stat.

1573; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L.

101–510, div. A, title XIII, § 1301(12), Nov. 5, 1990, 104 Stat. 1668;

renumbered § 2922a and amended Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), (3)(C), Oct. 17, 2006, 120 Stat. 2494.)

New Addition in FY 2018:

SEC. 2833. CONSIDERATION OF ENERGY SECURITY AND ENERGY

RESILIENCE IN AWARDING ENERGY AND FUEL CONTRACTS FOR MILITARY

INSTALLATIONS.

Section 2922a of title 10, United States Code, is amended by adding at the end the following new subsection:

‘‘(d) The Secretary concerned shall prioritize energy security and resilience.’’.

https://www.law.cornell.edu/uscode/text/10/2922a https://www.law.cornell.edu/uscode/text/10/2922a?qt-us_code_temp_noupdates=0#qt-us_code_temp_noupdates https://www.law.cornell.edu/uscode/text/10/2922a?qt-us_code_temp_noupdates=1#qt-us_code_temp_noupdates https://www.law.cornell.edu/uscode/text/10/2922 https://www.law.cornell.edu/uscode/text/10/2922b https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=10-USC-1421970939-923032863&term_occur=309&term_src=title:10:subtitle:A:part:IV:chapter:173:subchapter:II:section:2922a https://www.law.cornell.edu/uscode/text/10/2917 https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=10-USC-107894295-923032863&term_occur=143&term_src=title:10:subtitle:A:part:IV:chapter:173:subchapter:II:section:2922a https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=10-USC-107894295-923032863&term_occur=143&term_src=title:10:subtitle:A:part:IV:chapter:173:subchapter:II:section:2922a https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=10-USC-94849606-197992241&term_occur=479&term_src=title:10:subtitle:A:part:IV:chapter:173:subchapter:II:section:2922a https://www.congress.gov/public-laws/97th-congress#214 https://www.law.cornell.edu/rio/citation/96_Stat._171 https://www.congress.gov/public-laws/97th-congress#321 https://www.law.cornell.edu/rio/citation/96_Stat._1573 https://www.law.cornell.edu/rio/citation/96_Stat._1573 https://www.congress.gov/public-laws/100th-congress#26 https://www.law.cornell.edu/rio/citation/101_Stat._284 https://www.congress.gov/public-laws/101st-congress#510 https://www.congress.gov/public-laws/101st-congress#510 https://www.law.cornell.edu/rio/citation/104_Stat._1668 https://www.law.cornell.edu/rio/citation/Pub._L._109-364 https://www.law.cornell.edu/rio/citation/120_Stat._2494