
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2394a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
            CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS
 
Sec. 2394a. Procurement of energy systems using renewable forms 
        of energy
        
    (a) In procuring energy systems the Secretary of a military 
department shall procure systems that use solar energy or other 
renewable forms of energy whenever the Secretary determines that such 
procurement is possible and will be cost effective, reliable, and 
otherwise suited to supplying the energy needs of the military 
department under his jurisdiction.
    (b) The Secretary of Defense shall from time to time study uses for 
solar energy and other renewable forms of energy to determine what uses 
of such forms of energy may be cost effective and reliable in supplying 
the energy needs of the Department of Defense. The Secretary of Defense, 
based upon the results of such studies, shall from time to time issue 
policy guidelines to be followed by the Secretaries of the military 
departments in carrying out subsection (a) and section 2857 of this 
title.
    (c)(1) For the purposes of this section, an energy system using 
solar energy or other renewable forms of energy shall be considered to 
be cost effective if the difference between (A) the original investment 
cost of the energy system using such a form of energy, and (B) the 
original investment cost of the energy system not using such a form of 
energy can be recovered over the expected life of the system.
    (2) A determination under paragraph (1) concerning whether a cost-
differential can be recovered over the expected life of a system shall 
be made using the life-cycle cost methods and procedures established 
pursuant to section 544(a) of the National Energy Conservation Policy 
Act (42 U.S.C. 8254(a)).

(Added Pub. L. 97-321, title VIII, Sec. 801(a)(1), Oct. 15, 1982, 96 
Stat. 1569; amended Pub. L. 98-525, title XIV, Sec. 1405(36), Oct. 19, 
1984, 98 Stat. 2624; Pub. L. 101-510, div. A, title XIII, 
Sec. 1322(a)(7), div. B, title XXVIII, Sec. 2852(a), Nov. 5, 1990, 104 
Stat. 1671, 1804; Pub. L. 102-25, title VII, Sec. 701(g)(2), Apr. 6, 
1991, 105 Stat. 115.)


                               Amendments

    1991--Subsec. (c)(2). Pub. L. 102-25 inserted ``(42 U.S.C. 
8254(a))'' after ``Policy Act''.
    1990--Subsec. (b). Pub. L. 101-510, Sec. 1322(a)(7), struck out 
``(1)'' after ``(b)'' and struck out par. (2) which read as follows: 
``The Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives not less often than 
every two years a report on the studies conducted pursuant to paragraph 
(1). Each such report shall include any findings of the Secretary with 
respect to the use of solar energy and other renewable forms of energy 
in supplying the energy needs of the Department of Defense and any 
recommendations of the Secretary for changes in law that may be 
appropriate in light of such studies.''
    Subsec. (c)(2), (3). Pub. L. 101-510, Sec. 2852(a), added par. (2) 
and struck out former pars. (2) and (3) which read as follows:
    ``(2) A determination under paragraph (1) of whether a cost-
differential can be recovered over the expected life of a system shall 
be made using accepted life-cycle costing procedures and shall include--
        ``(A) the use of all capital expenses and all operating and 
    maintenance expenses associated with the energy system using solar 
    energy or other renewable forms of energy, and not using such a form 
    of energy, over the expected life of the system or during a period 
    of 25 years, whichever is shorter;
        ``(B) the use of fossil fuel costs (and a rate of cost growth 
    for fossil fuel costs) as determined by the Secretary of Defense; 
    and
        ``(C) the use of a discount rate of 7 percent per year for all 
    expenses of the energy system.
    ``(3) For the purpose of any life-cycle cost analysis under this 
subsection, the original investment cost of the energy system using 
solar energy or other renewable forms of energy shall be reduced by 10 
percent to reflect an allowance for an investment cost credit.''
    1984--Pub. L. 98-525 substituted ``using'' for ``powered by'' in 
section catchline.


                    Submission Date for First Report

    Section 801(a)(3) of Pub. L. 97-321 required the first report under 
subsec. (b)(2) of this section to be submitted not later than two years 
after Oct. 15, 1982.
