Page:United States Statutes at Large Volume 120.djvu/2528

 PUBLIC LAW 109–364—OCT. 17, 2006

120 STAT. 2497

‘‘(e) CONGRESSIONAL NOTIFICATION OF CANCELLATION CEILING FOR ENERGY SAVINGS PERFORMANCE CONTRACTS.—When a decision is made to award an energy savings performance contract that contains a clause setting forth a cancellation ceiling in excess of $7,000,000, the Secretary of Defense shall submit to the appropriate committees of Congress written notification of the proposed contract and of the proposed cancellation ceiling for the contract. The notification shall include the justification for the proposed cancellation ceiling. The contract may then be awarded only after the end of the 30-day period beginning on the date the notification is received by such committees or, if earlier, the end of the 15day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title.’’. SEC. 2854. USE OF ENERGY EFFICIENCY PRODUCTS IN NEW CONSTRUCTION.

(a) USE OF ENERGY EFFICIENT PRODUCTS.—Section 2915 of title 10, United States Code, as transferred, redesignated, and amended by section 2851(b) of this Act, is amended by adding at the end the following new subsection: ‘‘(e) USE OF ENERGY EFFICIENCY PRODUCTS IN NEW CONSTRUCTION.—(1) The Secretary of Defense shall ensure, to the maximum extent practicable, that energy efficient products meeting the requirements of the Department of Defense are used in new facility construction by or for the Department carried out under chapter 169 of this title if such products are readily available and their use is consistent with the energy performance goals and energy performance plan for the Department developed under section 2911 of this title and supported by the special considerations specified in subsection (c) of such section. ‘‘(2) In determining the energy efficiency of products, the Secretary shall consider products that— ‘‘(A) meet or exceed Energy Star specifications; or ‘‘(B) are listed on the Federal Energy Management Program Product Energy Efficiency Recommendations product list of the Department of Energy.’’. (b) CLERICAL AMENDMENTS.—Such section is further amended— (1) by striking the section heading and inserting the following: ‘‘§ 2915. New construction: use of renewable forms of energy and energy efficient products’’; (2) in subsection (a), by inserting ‘‘USE OF RENEWABLE FORMS OF ENERGY ENCOURAGED.—’’ after ‘‘(a)’’; (3) in subsection (b), by inserting ‘‘CONSIDERATION DURING DESIGN PHASE OF PROJECTS.—’’ after ‘‘(b)’’; (4) in subsection (c), by inserting ‘‘DETERMINATION OF COST EFFECTIVENESS.—’’ after ‘‘(c)’’; and (5) in subsection (d), by inserting ‘‘EXCEPTION TO SQUARE FEET AND COST PER SQUARE FOOT LIMITATIONS.—’’ after ‘‘(d)’’.

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