
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2378]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
              CHAPTER 140--PROCUREMENT OF COMMERCIAL ITEMS
 
Sec. 2378. Procurement of copier paper containing specified 
        percentages of post-consumer recycled content
        
    (a) Procurement Requirement.--(1) Except as provided in subsections 
(b) and (c), a department or agency of the Department of Defense may not 
procure copying machine paper after the applicable date specified in 
paragraph (2) unless the percentage of post-consumer recycled content of 
the paper meets the percentage then in effect under such paragraph.
    (2) The percentage of post-consumer recycled content of paper 
required under paragraph (1) is as follows:
        (A) 20 percent as of January 1, 1998.
        (B) 30 percent as of January 1, 1999.
        (C) 50 percent as of January 1, 2004.

    (b) Exceptions.--A department or agency of the Department of Defense 
is not required to procure copying machine paper containing a percentage 
of post-consumer recycled content that meets the applicable requirement 
in subsection (a) if the Secretary concerned determines that one or more 
of the following circumstances apply with respect to that procurement:
        (1) The cost of procuring copying machine paper satisfying the 
    applicable requirement significantly exceeds the cost of procuring 
    copying machine paper containing a percentage of post-consumer 
    recycled content that does not meet such requirement. The Secretary 
    concerned shall establish the cost differential to be applied under 
    this paragraph.
        (2) Copying machine paper containing a percentage of post-
    consumer recycled content meeting such requirement is not reasonably 
    available within a reasonable period of time.
        (3) Copying machine paper containing a percentage of post-
    consumer recycled content meeting such requirement does not meet 
    performance standards of the department or agency for copying 
    machine paper.

    (c) Effect of Inability To Meet Goal in 2004.--(1) In the case of 
the requirement that will take effect on January 1, 2004, pursuant to 
subsection (a)(2)(C), the requirement shall not take effect with respect 
to a military department or Defense Agency if the Secretary of Defense 
determines that the department or agency will be unable to meet such 
requirement by that date.
    (2) The Secretary shall submit to Congress written notice of any 
determination made under paragraph (1) and the reasons for the 
determination. The Secretary shall submit such notice, if at all, not 
later than January 1, 2003.
    (d) Secretary Concerned Defined.--In this section, the term 
``Secretary concerned'' means the Secretary of each military department 
and the Secretary of Defense with respect to the Defense Agencies.

(Added Pub. L. 105-85, div. A, title III, Sec. 350(a), Nov. 18, 1997, 
111 Stat. 1691.)
