-CITE- 10 USC CHAPTER 173 - ENERGY SECURITY 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY -HEAD- CHAPTER 173 - ENERGY SECURITY -MISC1- Subchapter Sec.(!1) I. Energy Security Activities 2911 II. Energy-Related Procurement 2922 III. General Provisions 2925 -FOOTNOTE- (!1) Editorially supplied. -End- -CITE- 10 USC SUBCHAPTER I - ENERGY SECURITY ACTIVITIES 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER I - ENERGY SECURITY ACTIVITIES -HEAD- SUBCHAPTER I - ENERGY SECURITY ACTIVITIES -MISC1- Sec. 2911. Energy performance goals and plan for Department of Defense. 2912. Availability and use of energy cost savings. 2913. Energy savings contracts and activities. 2914. Energy conservation construction projects. 2915. New construction: use of renewable forms of energy and energy efficient products. 2916. Sale of electricity from alternate energy and cogeneration production facilities. 2917. Development of geothermal energy on military lands. 2918. Fuel sources for heating systems; prohibition on converting certain heating facilities. -End- -CITE- 10 USC Sec. 2911 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER I - ENERGY SECURITY ACTIVITIES -HEAD- Sec. 2911. Energy performance goals and plan for Department of Defense -STATUTE- (a) Energy Performance Goals. - (1) The Secretary of Defense shall submit to the congressional defense committees the energy performance goals for the Department of Defense regarding transportation systems, support systems, utilities, and infrastructure and facilities. (2) The energy performance goals shall be submitted annually not later than the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title 31 and cover that fiscal year as well as the next five, l0, and 20 years. The Secretary shall identify changes to the energy performance goals since the previous submission. (b) Energy Performance Plan. - The Secretary of Defense shall develop, and update as necessary, a comprehensive plan to help achieve the energy performance goals for the Department of Defense. (c) Special Considerations. - For the purpose of developing and implementing the energy performance goals and energy performance plan, the Secretary of Defense shall consider at a minimum the following: (1) Opportunities to reduce the current rate of consumption of energy. (2) Opportunities to reduce the future demand and the requirements for the use of energy. (3) Opportunities to implement conservation measures to improve the efficient use of energy. (4) Opportunities to pursue alternative energy initiatives, including the use of alternative fuels in military vehicles and equipment. (5) Cost effectiveness, cost savings, and net present value of alternatives. (6) The value of diversification of types and sources of energy used. (7) The value of economies-of-scale associated with fewer energy types used. (8) The value of the use of renewable energy sources. (9) The potential for an action to serve as an incentive for members of the armed forces and civilian personnel to reduce energy consumption or adopt an improved energy performance measure. (d) Selection of Energy Conservation Measures. - (1) For the purpose of implementing the energy performance plan, the Secretary of Defense shall provide that the selection of energy conservation measures, including energy efficient maintenance, shall be limited to those measures that - (A) are readily available; (B) demonstrate an economic return on the investment; (C) are consistent with the energy performance goals and energy performance plan for the Department; and (D) are supported by the special considerations specified in subsection (c). (2) In this subsection, the term "energy efficient maintenance" includes - (A) the repair of military vehicles, equipment, or facility and infrastructure systems, such as lighting, heating, or cooling equipment or systems, or industrial processes, by replacement with technology that - (i) will achieve energy savings over the life-cycle of the equipment or system being repaired; and (ii) will meet the same end needs as the equipment or system being repaired; and (B) improvements in an operation or maintenance process, such as improved training or improved controls, that result in energy savings. (e) Goal Regarding Use of Renewable Energy To Meet Electricity Needs. - It shall be the goal of the Department of Defense - (1) to produce or procure not less than 25 percent of the total quantity of electric energy it consumes within its facilities and in its activities during fiscal year 2025 and each fiscal year thereafter from renewable energy sources (as defined in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b))); and (2) to produce or procure electric energy from renewable energy sources whenever the use of such renewable energy sources is consistent with the energy performance goals and energy performance plan for the Department and supported by the special considerations specified in subsection (c). -SOURCE- (Added and amended Pub. L. 109-364, div. B, title XXVIII, Secs. 2851(a)(1), 2852, Oct. 17, 2006, 120 Stat. 2489, 2496.) -MISC1- AMENDMENTS 2006 - Subsec. (e). Pub. L. 109-364, Sec. 2852, added subsec. (e). UTILIZATION OF FUEL CELLS AS BACK-UP POWER SYSTEMS IN DEPARTMENT OF DEFENSE OPERATIONS Pub. L. 109-364, div. A, title III, Sec. 358, Oct. 17, 2006, 120 Stat. 2164, provided that: "The Secretary of Defense shall consider the utilization of fuel cells as replacements for current back-up power systems in a variety of Department of Defense operations and activities, including in telecommunications networks, perimeter security, individual equipment items, and remote facilities, in order to increase the operational longevity of back-up power systems and stand-by power systems in such operations and activities." ENERGY EFFICIENCY IN WEAPONS PLATFORMS Pub. L. 109-364, div. A, title III, Sec. 360(a), Oct. 17, 2006, 120 Stat. 2164, provided that: "It shall be the policy of the Department of Defense to improve the fuel efficiency of weapons platforms, consistent with mission requirements, in order to - "(1) enhance platform performance; "(2) reduce the size of the fuel logistics systems; "(3) reduce the burden high fuel consumption places on agility; "(4) reduce operating costs; and "(5) dampen the financial impact of volatile oil prices." DEPARTMENT OF DEFENSE ENERGY EFFICIENCY PROGRAM Pub. L. 107-107, div. A, title III, Sec. 317, Dec. 28, 2001, 115 Stat. 1054, provided that: "(a) Sense of Congress. - It is the sense of Congress that the Secretary of Defense should work to implement fuel efficiency reforms that allow for investment decisions based on the true cost of delivered fuel, strengthen the linkage between warfighting capability and fuel logistics requirements, provide high-level leadership encouraging fuel efficiency, target fuel efficiency improvements through science and technology investment, and include fuel efficiency in requirements and acquisition processes. "(b) Energy Efficiency Program. - The Secretary shall carry out a program to significantly improve the energy efficiency of facilities of the Department of Defense through 2010. The Secretary shall designate a senior official of the Department of Defense to be responsible for managing the program for the Department and a senior official of each military department to be responsible for managing the program for such department. "(c) Energy Efficiency Goals. - The goal of the energy efficiency program shall be to achieve reductions in energy consumption by facilities of the Department of Defense as follows: "(1) In the case of industrial and laboratory facilities, reductions in the average energy consumption per square foot of such facilities, per unit of production or other applicable unit, relative to energy consumption in 1990 - "(A) by 20 percent by 2005; and "(B) by 25 percent by 2010. "(2) In the case of other facilities, reductions in average energy consumption per gross square foot of such facilities, relative to energy consumption per gross square foot in 1985 - "(A) by 30 percent by 2005; and "(B) by 35 percent by 2010. "(d) Strategies for Improving Energy Efficiency. - In order to achieve the goals set forth in subsection (c), the Secretary shall, to the maximum extent practicable - "(1) purchase energy-efficient products, as so designated by the Environmental Protection Agency and the Department of Energy, and other products that are energy-efficient; "(2) utilize energy savings performance contracts, utility energy-efficiency service contracts, and other contracts designed to achieve energy conservation; "(3) use life-cycle cost analysis, including assessment of life- cycle energy costs, in making decisions about investments in products, services, construction, and other projects; "(4) conduct energy efficiency audits for approximately 10 percent of all Department of Defense facilities each year; "(5) explore opportunities for energy efficiency in industrial facilities for steam systems, boiler operation, air compressor systems, industrial processes, and fuel switching; and "(6) retire inefficient equipment on an accelerated basis where replacement results in lower life-cycle costs. "(e) Reporting Requirements. - Not later than January 1, 2002, and each January 1 thereafter through 2010, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] the report required to be prepared by the Secretary pursuant to section 303 of Executive Order 13123 (64 Fed. Reg. 30851; 42 U.S.C. 8251 note) regarding the progress made toward achieving the energy efficiency goals of the Department of Defense." -End- -CITE- 10 USC Sec. 2912 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER I - ENERGY SECURITY ACTIVITIES -HEAD- Sec. 2912. Availability and use of energy cost savings -STATUTE- (a) Availability. - An amount of the funds appropriated to the Department of Defense for a fiscal year that is equal to the amount of energy cost savings realized by the Department, including financial benefits resulting from shared energy savings contracts entered into under section 2913 of this title, shall remain available for obligation under subsection (b) until expended, without additional authorization or appropriation. (b) Use. - The Secretary of Defense shall provide that the amount that remains available for obligation under subsection (a) and the funds made available under section 2916(b)(2) of this title shall be used as follows: (1) One-half of the amount shall be used for the implementation of additional energy conservation measures at buildings, facilities, or installations of the Department of Defense or related to vehicles and equipment of the Department, which are designated, in accordance with regulations prescribed by the Secretary of Defense, by the head of the department, agency, or instrumentality that realized the savings referred to in subsection (a). (2) One-half of the amount shall be used at the installation at which the savings were realized, as determined by the commanding officer of such installation consistent with applicable law and regulations, for - (A) improvements to existing military family housing units; (B) any unspecified minor construction project that will enhance the quality of life of personnel; or (C) any morale, welfare, or recreation facility or service. (c) Treatment of Certain Financial Incentives. - Financial incentives received from gas or electric utilities under section 2913 of this title shall be credited to an appropriation designated by the Secretary of Defense. Amounts so credited shall be merged with the appropriation to which credited and shall be available for the same purposes and the same period as the appropriation with which merged. (d) Congressional Notification. - The Secretary of Defense shall include in the budget material submitted to Congress in connection with the submission of the budget for a fiscal year pursuant to section 1105 of title 31 a separate statement of the amounts available for obligation under this section in that fiscal year. -SOURCE- (Added Pub. L. 109-364, div. B, title XXVIII, Sec. 2851(a)(1), Oct. 17, 2006, 120 Stat. 2491.) -MISC1- TRANSFER OF FUNDS FOR ENERGY AND WATER EFFICIENCY IN FEDERAL BUILDINGS Pub. L. 109-148, div. A, title VIII, Sec. 8054, Dec. 30, 2005, 119 Stat. 2710, provided that: "Appropriations available under the heading 'Operation and Maintenance, Defense-Wide' for the current fiscal year and hereafter for increasing energy and water efficiency in Federal buildings may, during their period of availability, be transferred to other appropriations or funds of the Department of Defense for projects related to increasing energy and water efficiency, to be merged with and to be available for the same general purposes, and for the same time period, as the appropriation or fund to which transferred." Similar provisions for specified fiscal years were contained in the following prior appropriation acts: Pub. L. 108-287, title VIII, Sec. 8058, Aug. 5, 2004, 118 Stat. 983. Pub. L. 108-87, title VIII, Sec. 8058, Sept. 30, 2003, 117 Stat. 1085. Pub. L. 107-248, title VIII, Sec. 8059, Oct. 23, 2002, 116 Stat. 1550. Pub. L. 107-117, div. A, title VIII, Sec. 8064, Jan. 10, 2002, 115 Stat. 2261. Pub. L. 106-259, title VIII, Sec. 8063, Aug. 9, 2000, 114 Stat. 688. Pub. L. 106-79, title VIII, Sec. 8066, Oct. 25, 1999, 113 Stat. 1245. Pub. L. 105-262, title VIII, Sec. 8066, Oct. 17, 1998, 112 Stat. 2312. Pub. L. 105-56, title VIII, Sec. 8072, Oct. 8, 1997, 111 Stat. 1235. Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, Sec. 8081], Sept. 30, 1996, 110 Stat. 3009-71, 3009-104. Pub. L. 104-61, title VIII, Sec. 8097, Dec. 1, 1995, 109 Stat. 671. Pub. L. 103-139, title VIII, Sec. 8149, Nov. 11, 1993, 107 Stat. 1475. -End- -CITE- 10 USC Sec. 2913 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER I - ENERGY SECURITY ACTIVITIES -HEAD- Sec. 2913. Energy savings contracts and activities -STATUTE- (a) Shared Energy Savings Contracts. - (1) The Secretary of Defense shall develop a simplified method of contracting for shared energy savings contract services that will accelerate the use of these contracts with respect to military installations and will reduce the administrative effort and cost on the part of the Department of Defense as well as the private sector. (2) In carrying out paragraph (1), the Secretary of Defense may - (A) request statements of qualifications (as prescribed by the Secretary of Defense), including financial and performance information, from firms engaged in providing shared energy savings contracting; (B) designate from the statements received, with an update at least annually, those firms that are presumptively qualified to provide shared energy savings services; (C) select at least three firms from the qualifying list to conduct discussions concerning a particular proposed project, including requesting a technical and price proposal from such selected firms for such project; and (D) select from such firms the most qualified firm to provide shared energy savings services pursuant to a contractual arrangement that the Secretary determines is fair and reasonable, taking into account the estimated value of the services to be rendered and the scope and nature of the project. (3) In carrying out paragraph (1), the Secretary may also provide for the direct negotiation, by departments, agencies, and instrumentalities of the Department of Defense, of contracts with shared energy savings contractors that have been selected competitively and approved by any gas or electric utility serving the department, agency, or instrumentality concerned. (b) Participation in Gas or Electric Utility Programs. - The Secretary of Defense shall permit and encourage each military department, Defense Agency, and other instrumentality of the Department of Defense to participate in programs conducted by any gas or electric utility for the management of energy demand or for energy conservation. (c) Acceptance of Financial Incentive, Goods, or Services. - The Secretary of Defense may authorize any military installation to accept any financial incentive, goods, or services generally available from a gas or electric utility, to adopt technologies and practices that the Secretary determines are in the interests of the United States and consistent with the energy performance goals for the Department of Defense. (d) Agreements With Gas or Electric Utilities. - (1) The Secretary of Defense may authorize the Secretary of a military department having jurisdiction over a military installation to enter into agreements with gas or electric utilities to design and implement cost-effective demand and conservation incentive programs (including energy management services, facilities alterations, and the installation and maintenance of energy saving devices and technologies by the utilities) to address the requirements and circumstances of the installation. (2) If an agreement under this subsection provides for a utility to advance financing costs for the design or implementation of a program referred to in that paragraph to be repaid by the United States, the cost of such advance may be recovered by the utility under terms no less favorable than those applicable to its most favored customer. (3) Subject to the availability of appropriations, repayment of costs advanced under paragraph (2) shall be made from funds available to a military department for the purchase of utility services. (4) An agreement under this subsection shall provide that title to any energy-saving device or technology installed at a military installation pursuant to the agreement vest in the United States. Such title may vest at such time during the term of the agreement, or upon expiration of the agreement, as determined to be in the best interests of the United States. (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 15-day 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. -SOURCE- (Added and amended Pub. L. 109-364, div. B, title XXVIII, Secs. 2851(a)(1), 2853, Oct. 17, 2006, 120 Stat. 2491, 2496.) -MISC1- AMENDMENTS 2006 - Subsec. (e). Pub. L. 109-364, Sec. 2853, added subsec. (e). -End- -CITE- 10 USC Sec. 2914 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER I - ENERGY SECURITY ACTIVITIES -HEAD- Sec. 2914. Energy conservation construction projects -STATUTE- (a) Projects Authorized. - The Secretary of Defense may carry out a military construction project for energy conservation, not previously authorized, using funds appropriated or otherwise made available for that purpose. (b) Congressional Notification. - When a decision is made to carry out a project under this section, the Secretary of Defense shall notify in writing the appropriate committees of Congress of that decision. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees or, if earlier, the end of the 14-day 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. -SOURCE- (Added Pub. L. 109-364, div. B, title XXVIII, Sec. 2851(a)(1), Oct. 17, 2006, 120 Stat. 2493.) -End- -CITE- 10 USC Sec. 2915 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER I - ENERGY SECURITY ACTIVITIES -HEAD- Sec. 2915. New construction: use of renewable forms of energy and energy efficient products -STATUTE- (a) Use of Renewable Forms of Energy Encouraged. - The Secretary of Defense shall encourage the use of energy systems using solar energy or other renewable forms of energy as a source of energy for military construction projects (including military family housing projects) where use of such form of energy is consistent with the energy performance goals and energy performance plan for the Department of Defense developed under section 2911 of this title and supported by the special considerations specified in subsection (c) of such section. (b) Consideration During Design Phase of Projects. - (1) The Secretary concerned shall require that the design of all new facilities (including family housing) shall include consideration of energy systems using solar energy or other renewable forms of energy. (2) The Secretary concerned shall require that contracts for construction resulting from such design include a requirement that energy systems using solar energy or other renewable forms of energy be installed if such systems can be shown to be cost effective. (c) Determination of Cost Effectiveness. - (1) For the purposes of this section, an energy system using solar energy or other renewable forms of energy for a facility shall be considered to be cost effective if the difference between (A) the original investment cost of the energy system for the facility with such a system, and (B) the original investment cost of the energy system for the facility without such a system can be recovered over the expected life of the facility. (2) A determination under paragraph (1) concerning whether a cost- differential can be recovered over the expected life of a facility 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)). (d) Exception to Square Feet and Cost Per Square Foot Limitations. - In order to equip a military construction project (including a military family housing project) with heating equipment, cooling equipment, or both heating and cooling equipment using solar energy or other renewable forms of energy or with a passive energy system using solar energy or other renewable forms of energy, the Secretary concerned may authorize an increase in any otherwise applicable limitation with respect to the number of square feet or the cost per square foot of the project by such amount as may be necessary for such purpose. Any such increase under this subsection shall be in addition to any other administrative increase in cost per square foot or variation in floor area authorized by law. (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. -SOURCE- (Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 166, Sec. 2857; amended Pub. L. 97-321, title VIII, Sec. 801(b)(1), (2), Oct. 15, 1982, 96 Stat. 1571; Pub. L. 98-525, title XIV, Sec. 1405(45)(A), Oct. 19, 1984, 98 Stat. 2625; Pub. L. 101-218, Sec. 8(b), Dec. 11, 1989, 103 Stat. 1868; Pub. L. 101-510, div. B, title XXVIII, Sec. 2852(b), Nov. 5, 1990, 104 Stat. 1804; Pub. L. 102-25, title VII, Sec. 701(g)(2), Apr. 6, 1991, 105 Stat. 115; renumbered Sec. 2915 and amended Pub. L. 109-364, div. B, title XXVIII, Secs. 2851(b)(1), (3)(A), 2854, Oct. 17, 2006, 120 Stat. 2494, 2497.) -MISC1- AMENDMENTS 2006 - Pub. L. 109-364, Sec. 2854(b)(1), substituted "New construction: use of renewable forms of energy and energy efficient products" for "Use of renewable forms of energy in new facilities" in section catchline. Pub. L. 109-364, Sec. 2851(b)(1), renumbered section 2857 of this title as this section. Subsec. (a). Pub. L. 109-364, Sec. 2854(b)(2),(3)(A)(i), inserted heading and substituted "is consistent with the energy performance goals and energy performance plan for the Department of Defense developed under section 2911 of this title and supported by the special considerations specified in subsection (c) of such section" for "would be practical and economically feasible". Subsec. (b). Pub. L. 109-364, Sec. 2854(b)(3), inserted heading. Subsec. (b)(1). Pub. L. 109-364, Sec. 2851(b)(3)(A)(ii), struck out "in those cases in which use of such forms of energy has the potential for reduced energy costs" before period at end. Subsecs. (c), (d). Pub. L. 109-364, Sec. 2854(b)(4), (5) inserted headings. Subsec. (e). Pub. L. 109-364, Sec. 2854(a), added subsec. (e). 1991 - Subsec. (c)(2). Pub. L. 102-25 inserted "(42 U.S.C. 8254(a))" after "Policy Act". 1990 - Subsec. (c)(2), (3). Pub. L. 101-510 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 facility 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 with and without an energy system using solar energy or other renewable forms of energy over the expected life of the facility 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." 1989 - Subsec. (b)(1). Pub. L. 101-218 substituted "reduced energy costs" for "significant savings of fossil-fuel-derived energy". 1984 - Subsec. (b)(1). Pub. L. 98-525 substituted "use of such forms of energy has the potential for" for "use of solar energy has the potential for". 1982 - Pub. L. 97-321, Sec. 801(b)(2), substituted "renewable forms of energy in new facilities" for "solar energy systems" in section catchline. Subsec. (a). Pub. L. 97-321, Sec. 801(b)(1)(A), substituted "energy systems using solar energy or other renewable forms of energy" and "such form of energy would" for "solar energy systems" and "solar energy would", respectively. Subsec. (b)(1). Pub. L. 97-321, Sec. 801(b)(1)(B), substituted "energy systems using solar energy or other renewable forms of energy" for "solar energy systems" and directed that "such form of energy has" be substituted for "a solar energy has", but "a solar energy has" did not appear in par. (1). See 1984 Amendment note above. Subsec. (b)(2). Pub. L. 97-321, Sec. 801(b)(1)(B)(i), substituted "energy systems using solar energy or other renewable forms of energy" for "solar energy systems". Subsec. (c). Pub. L. 97-321, Sec. 801(b)(1)(C)-(E), substituted: in par. (1) "an energy system using solar energy or other renewable forms of energy" for "a solar energy system" before "for a facility" and in items (A) and (B) "such a system" for "a solar energy system"; in par. (2)(A) "an energy system using solar energy or other renewable forms of energy" for "a solar energy system"; and in par. (3) "energy system using solar energy or other renewable forms of energy" for "solar energy system", respectively. Subsec. (d). Pub. L. 97-321, Sec. 801(b)(1)(F), substituted "heating equipment, cooling equipment, or both heating and cooling equipment using solar energy or other renewable forms of energy or with a passive energy energy system using solar energy or other renewable forms of energy" for "solar heating equipment, solar cooling equipment, or both solar heating and solar cooling equipment, or with a passive solar energy system". EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98-525, title XIV, Sec. 1405(45)(B), Oct. 19, 1984, 98 Stat. 2625, provided that: "The amendment made by subparagraph (A) [amending this section] shall take effect as if it had been included in the amendments made by section 801 of Public Law 97- 321." EFFECTIVE DATE For effective date and applicability of section, see section 12(a) of Pub. L. 97-214, set out as a note under section 2801 of this title. -End- -CITE- 10 USC Sec. 2916 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER I - ENERGY SECURITY ACTIVITIES -HEAD- Sec. 2916. Sale of electricity from alternate energy and cogeneration production facilities -STATUTE- (a) The Secretary of a military department may sell, contract to sell, or authorize the sale by a contractor to a public or private utility company of electrical energy generated from alternate energy or cogeneration type production facilities which are under the jurisdiction (or produced on land which is under the jurisdiction) of the Secretary concerned. The sale of such energy shall be made under such regulations, for such periods, and at such prices as the Secretary concerned prescribes consistent with the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.). (b)(1) Proceeds from sales under subsection (a) shall be credited to the appropriation account currently available to the military department concerned for the supply of electrical energy. (2) Subject to the availability of appropriations for this purpose, proceeds credited under paragraph (1) may be used to carry out military construction projects under the energy performance plan developed by the Secretary of Defense under section 2911(b) of this title, including minor military construction projects authorized under section 2805 of this title that are designed to increase energy conservation. (c) Before carrying out a military construction project described in subsection (b) using proceeds from sales under subsection (a), the Secretary concerned shall notify Congress in writing of the project, the justification for the project, and the estimated cost of the project. The project may be carried out only after the end of the 21-day period beginning on the date the notification is received by Congress or, if earlier, the end of the 14-day 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. -SOURCE- (Added Pub. L. 98-407, title VIII, Sec. 810(a), Aug. 28, 1984, 98 Stat. 1523, Sec. 2483; amended Pub. L. 103-160, div. B, title XXVIII, Sec. 2802, Nov. 30, 1993, 107 Stat. 1884; renumbered Sec. 2867, Pub. L. 105-85, div. A, title III, Sec. 371(b)(2), Nov. 18, 1997, 111 Stat. 1705; Pub. L. 108-136, div. A, title X, Sec. 1031(a)(49), Nov. 24, 2003, 117 Stat. 1602; renumbered Sec. 2916 and amended Pub. L. 109-364, div. B, title XXVIII, Sec. 2851(b)(1), (3)(B), Oct. 17, 2006, 120 Stat. 2494.) -REFTEXT- REFERENCES IN TEXT The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (a), is Pub. L. 95-617, Nov. 9, 1978, 92 Stat. 3117, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 16, Conservation, and Tables. -MISC1- AMENDMENTS 2006 - Pub. L. 109-364, Sec. 2851(b)(1), renumbered section 2867 of this title as this section. Subsec. (b)(2). Pub. L. 109-364, Sec. 2851(b)(3)(B), substituted "2911(b)" for "2865(a)". 2003 - Subsec. (c). Pub. L. 108-136 inserted before period at end "or, if earlier, the end of the 14-day 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". 1997 - Pub. L. 105-85 renumbered section 2483 of this title as this section. 1993 - Subsec. (b). Pub. L. 103-160, Sec. 2802(a), designated existing provisions as par. (1) and added par. (2). Subsec. (c). Pub. L. 103-160, Sec. 2802(b), added subsec. (c). -End- -CITE- 10 USC Sec. 2917 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER I - ENERGY SECURITY ACTIVITIES -HEAD- Sec. 2917. Development of geothermal energy on military lands -STATUTE- The Secretary of a military department may develop, or authorize the development of, any geothermal energy resource within lands under the Secretary's jurisdiction, including public lands, for the use or benefit of the Department of Defense if that development is in the public interest, as determined by the Secretary concerned, and will not deter commercial development and use of other portions of such resource if offered for leasing. -SOURCE- (Added Pub. L. 97-214, Sec. 6(c)(1), July 12, 1982, 96 Stat. 172, Sec. 2689; renumbered Sec. 2917, Pub. L. 109-364, div. B, title XXVIII, Sec. 2851(b)(1), Oct. 17, 2006, 120 Stat. 2494.) -MISC1- AMENDMENTS 2006 - Pub. L. 109-364 renumbered section 2689 of this title as this section. EFFECTIVE DATE Section effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97-214, set out as a note under section 2801 of this title. -End- -CITE- 10 USC Sec. 2918 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER I - ENERGY SECURITY ACTIVITIES -HEAD- Sec. 2918. Fuel sources for heating systems; prohibition on converting certain heating facilities -STATUTE- (a)(1) The Secretary of the military department concerned shall provide that the primary fuel source to be used in any new heating system constructed on lands under the jurisdiction of the military department is the most cost effective fuel for that heating system over the life cycle of the system. (2) The Secretary of Defense shall prescribe regulations for the determination of the life-cycle cost effectiveness of a fuel for the purposes of paragraph (1). (b) The Secretary of a military department may not convert a heating facility at a United States military installation in Europe from a coal-fired facility to an oil-fired facility, or to any other energy source facility, unless the Secretary determines that the conversion - (1) is required by the government of the country in which the facility is located; or (2) is cost-effective over the life cycle of the facility. -SOURCE- (Added Pub. L. 97-214, Sec. 6(c)(1), July 12, 1982, 96 Stat. 173, Sec. 2690; amended Pub. L. 99-661, div. A, title XII, Sec. 1205(a)(1), Nov. 14, 1986, 100 Stat. 3971; Pub. L. 105-85, div. A, title X, Sec. 1041(a), Nov. 18, 1997, 111 Stat. 1885; renumbered Sec. 2918, Pub. L. 109-364, div. B, title XXVIII, Sec. 2851(b)(1), Oct. 17, 2006, 120 Stat. 2494.) -MISC1- AMENDMENTS 2006 - Pub. L. 109-364 renumbered section 2690 of this title as this section. 1997 - Subsec. (b). Pub. L. 105-85 substituted "unless the Secretary determines that the conversion - " for "unless the Secretary - " in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as follows: "(1) determines that the conversion (A) is required by the government of the country in which the facility is located, or (B) is cost effective over the life cycle of the facility; and "(2) submits to Congress notification of the proposed conversion and a period of 30 days has elapsed following the date on which Congress receives the notice." 1986 - Pub. L. 99-661 substituted "Fuel sources for heating systems; prohibition on converting certain heating facilities" for "Restriction on fuel sources for new heating systems" in section catchline and amended text generally. Prior to amendment, text read as follows: "(a) Except as provided in subsection (b), a new heating system that requires a heat input rate of fifty million British thermal units per hour or more and that uses oil or gas (or a derivative of oil or gas) as fuel may not be constructed on lands under the jurisdiction of a military department. "(b) The Secretary of the military department concerned may waive the provisions of subsection (a) in rare and unusual cases, but such a waiver may not become effective until after the Secretary has notified the appropriate committees of Congress in writing of the waiver. "(c) The Secretary of the military department concerned may not provide service for a new heating system in increments in order to avoid the prohibition contained in subsection (a)." EFFECTIVE DATE Section effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97-214, set out as a note under section 2801 of this title. -End- -CITE- 10 USC SUBCHAPTER II - ENERGY-RELATED PROCUREMENT 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER II - ENERGY-RELATED PROCUREMENT -HEAD- SUBCHAPTER II - ENERGY-RELATED PROCUREMENT -MISC1- Sec. 2922. Liquid fuels and natural gas: contracts for storage, handling, or distribution. 2922a. Contracts for energy or fuel for military installations. 2922b. Procurement of energy systems using renewable forms of energy. 2922c. Procurement of gasohol as motor vehicle fuel. 2922d. Procurement of fuel derived from coal, oil shale, and tar sands. 2922e. Acquisition of certain fuel sources: authority to waive contract procedures; acquisition by exchange; sales authority. 2922f. Preference for energy efficient electric equipment. -End- -CITE- 10 USC Sec. 2922 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER II - ENERGY-RELATED PROCUREMENT -HEAD- Sec. 2922. Liquid fuels and natural gas: contracts for storage, handling, or distribution -STATUTE- (a) Authority To Contract. - The Secretary of Defense and the Secretary of a military department may each contract for storage facilities for, or the storage, handling, or distribution of, liquid fuels or natural gas. (b) Period of Contract. - The period of a contract entered into under subsection (a) may not exceed 5 years. However, the contract may provide options for the Secretary to renew the contract for additional periods of not more than 5 years each, but not for more than a total of 20 years. (c) Option To Purchase Facility. - A contract under this section may contain an option for the purchase by the United States of the facility covered by the contract at the expiration or termination of the contract, without regard to subsections (a) and (b) of section 3324 of title 31, and before approval of title to the underlying land by the Attorney General. -SOURCE- (Added Pub. L. 85-861, Sec. 1(46), Sept. 2, 1958, 72 Stat. 1457, Sec. 2388; amended Pub. L. 97-214, Sec. 10(a)(3), July 12, 1982, 96 Stat. 175; Pub. L. 97-258, Sec. 3(b)(6), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 97-295, Sec. 1(27), Oct. 12, 1982, 96 Stat. 1291; Pub. L. 98-525, title XIV, Sec. 1405(56)(A), Oct. 19, 1984, 98 Stat. 2626; Pub. L. 101-510, div. A, title XIII, Sec. 1322(a)(6), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 103-160, div. A, title VIII, Sec. 825, Nov. 30, 1993, 107 Stat. 1711; Pub. L. 103-355, title III, Sec. 3064, Oct. 13, 1994, 108 Stat. 3337; renumbered Sec. 2922, Pub. L. 109-364, div. B, title XXVIII, Sec. 2851(b)(2), Oct. 17, 2006, 120 Stat. 2494.) -MISC1- HISTORICAL AND REVISION NOTES 1956 ACT -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 2388(a) 50:98i (1st sentence). Aug. 3, 1956, ch. 939, Sec. 416, 70 Stat. 1018. 2388(b) 50:98i (2d sentence). 2388(c) 50:98i (less 1st and 2d sentences and proviso of last sentence). 2388(d) 50:98i (proviso of last sentence). -------------------------------------------------------------------- In subsection (b), the words "section applies only" are substituted for the words "authority is limited". The word "standards" is substituted for the word "criteria". In subsection (c), the words "A contract under this section" are substituted for the words "Such contracts". The last 33 words are substituted for 50:98i (28 words before proviso of last sentence). 1982 ACT In 10:2388(c), the title 31 citation is substituted on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted title 31. AMENDMENTS 2006 - Pub. L. 109-364 renumbered section 2388 of this title as this section. 1994 - Subsec. (a). Pub. L. 103-355 substituted "liquid fuels or natural gas" for "liquid fuels and natural gas". 1993 - Pub. L. 103-160, Sec. 825(b), substituted "Liquid fuels and natural gas: contracts for storage, handling, or distribution" for "Liquid fuels: contracts for storage, handling, and distribution" as section catchline. Subsecs. (a), (b). Pub. L. 103-160, Sec. 825(a)(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows: "(a) The Secretary of a military department may contract for the storage, handling, and distribution of liquid fuels for periods of not more than five years, with options to renew for additional periods of not more than five years each, but not for more than a total of 20 years. "(b) This section applies only to facilities that conform to standards prescribed by the Secretary of Defense for protection, including dispersal, and that are in a program approved by the Secretary of Defense for the protection of petroleum facilities." Subsec. (c). Pub. L. 103-160, Sec. 825(a)(2), inserted heading. 1990 - Subsec. (d). Pub. L. 101-510 struck out subsec. (d) which read as follows: "The Secretary concerned shall report to the Committees on Armed Services of the Senate and the House of Representatives the terms of the contracts made under this section and the names of the contractors. The reports shall be made at such times and in such form as may be agreed upon by the Secretary and those Committees." 1984 - Subsec. (c). Pub. L. 98-525 substituted "subsections (a) and (b) of section 3324" for "section 3324(a) and (b)". 1982 - Subsec. (c). Pub. L. 97-295, Sec. 1(27), substituted "section 3324(a) and (b) of title 31" for "section 3648 of the Revised Statutes (31 U.S.C. 529)", clarifying the ambiguity created by previous amendments by Pub. L. 97-214 and Pub. L. 97-258. Pub. L. 97-258, Sec. 3(b)(6), directed the substitution of "section 3324(a) and (b) of title 31" for "section 529 of title 31", which could not be executed in view of prior substitution of language by Pub. L. 97-214. Pub. L. 97-214, Sec. 10(a)(3), substituted "section 3648 of the Revised Statutes (31 U.S.C. 529)" for "section 4774(d) or 9774(d) of this title, section 529 of title 31, or section 259 or 267 of title 40,". EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97-214, set out as an Effective Date note under section 2801 of this title. PURCHASES OF GASOHOL AS FUEL FOR MOTOR VEHICLES Pub. L. 96-107, title VIII, Sec. 815, Nov. 9, 1979, 93 Stat. 817, which had authorized the Secretary of Defense to buy domestically produced alcohol and gasohol for use as fuel in Department of Defense motor vehicles, was repealed and reenacted as section 2398 (now 2922c) of this title by Pub. L. 97-295, Secs. 1(29)(A), 6(b), Oct. 12, 1982, 96 Stat. 1293, 1315. -End- -CITE- 10 USC Sec. 2922a 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER II - ENERGY-RELATED PROCUREMENT -HEAD- Sec. 2922a. Contracts for energy or fuel for military installations -STATUTE- (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. -SOURCE- (Added Pub. L. 97-214, Sec. 6(a)(1), July 12, 1982, 96 Stat. 171, Sec. 2394; amended Pub. L. 97-321, title VIII, Sec. 805(b)(3), Oct. 15, 1982, 96 Stat. 1573; Pub. L. 100-26, Sec. 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101-510, div. A, title XIII, Sec. 1301(12), Nov. 5, 1990, 104 Stat. 1668; renumbered Sec. 2922a and amended Pub. L. 109-364, div. B, title XXVIII, Sec. 2851(b)(2), (3)(C), Oct. 17, 2006, 120 Stat. 2494.) -MISC1- AMENDMENTS 2006 - Pub. L. 109-364, Sec. 2851(b)(2), renumbered section 2394 of this title as this section. Subsec. (a)(1). Pub. L. 109-364, Sec. 2851(b)(3)(C), substituted "section 2917" for "section 2689". 1990 - Subsec. (b). Pub. L. 101-510 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". 1987 - Subsec. (c). Pub. L. 100-26, 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 section 2393(c) of this title. 1982 - Subsec. (a). Pub. L. 97-321, Sec. 805(b)(3)(A), substituted "subsection (b)" for "subsection (c)". Subsecs. (c), (d). Pub. L. 97-321, Sec. 805(b)(3)(B), redesignated subsec. (d) as (c). EFFECTIVE DATE Section effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97-214, set out as a note under section 2801 of this title. -End- -CITE- 10 USC Sec. 2922b 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER II - ENERGY-RELATED PROCUREMENT -HEAD- Sec. 2922b. Procurement of energy systems using renewable forms of energy -STATUTE- (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, suited to supplying the energy needs of the military department under the jurisdiction of the Secretary, consistent with the energy performance goals and energy performance plan for the Department of Defense developed under section 2911 of this title, and supported by the special considerations specified in subsection (c) of such section. (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 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 2915 of this title. -SOURCE- (Added Pub. L. 97-321, title VIII, Sec. 801(a)(1), Oct. 15, 1982, 96 Stat. 1569, Sec. 2394a; 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; renumbered Sec. 2922b and amended Pub. L. 109-364, div. B, title XXVIII, Sec. 2851(b)(2), (3)(D), Oct. 17, 2006, 120 Stat. 2494, 2495.) -MISC1- AMENDMENTS 2006 - Pub. L. 109-364, Sec. 2851(b)(2), renumbered section 2394a of this title as this section. Subsec. (a). Pub. L. 109-364, Sec. 2851(b)(3)(D)(i), substituted "possible, suited" for "possible and will be cost effective, reliable, and otherwise suited" and "the jurisdiction of the Secretary, consistent with the energy performance goals and energy performance plan for the Department of Defense developed under section 2911 of this title, and supported by the special considerations specified in subsection (c) of such section" for "his jurisdiction". Subsec. (b). Pub. L. 109-364, Sec. 2851(b)(3)(D)(ii), struck out "cost effective and" before "reliable" and substituted "2915" for "2857". Subsec. (c). Pub. L. 109-364, Sec. 2851(b)(3)(D)(iii), struck out subsec. (c) which read as follows: "(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))." 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. -End- -CITE- 10 USC Sec. 2922c 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER II - ENERGY-RELATED PROCUREMENT -HEAD- Sec. 2922c. Procurement of gasohol as motor vehicle fuel -STATUTE- (a) Other Federal Fuel Procurements. - Consistent with the vehicle management practices prescribed by the heads of affected departments and agencies of the Federal Government and consistent with Executive Order Number 12261, whenever the Secretary of Defense enters into a contract for the procurement of unleaded gasoline that is subject to tax under section 4081 of the Internal Revenue Code of 1986 for motor vehicles of a department or agency of the Federal Government other than the Department of Defense, the Secretary shall buy alcohol-gasoline blends containing at least 10 percent domestically produced alcohol in any case in which the price of such fuel is the same as, or lower than, the price of unleaded gasoline. (b) Solicitations. - Whenever the Secretary issues a solicitation for bids to procure unleaded gasoline under subsection (a), the Secretary shall expressly include in such solicitation a request for bids on alcohol-gasoline blends containing at least 10 percent domestically produced alcohol. -SOURCE- (Added Pub. L. 97-295, Sec. 1(29)(A), Oct. 12, 1982, 96 Stat. 1293, Sec. 2398; amended Pub. L. 102-190, div. A, title VIII, Sec. 841(a), Dec. 5, 1991, 105 Stat. 1448; Pub. L. 104-106, div. A, title X, Sec. 1061(h), Feb. 10, 1996, 110 Stat. 443; renumbered Sec. 2922c, Pub. L. 109-364, div. B, title XXVIII, Sec. 2851(b)(2), Oct. 17, 2006, 120 Stat. 2494.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at section Large) -------------------------------------------------------------------- 2398 10:2388 (note). Nov. 9, 1979, Pub. L. 96-107, Sec. 815, 93 Stat. 817. -------------------------------------------------------------------- The word "prescribed" is substituted for "determined" because it is more appropriate. The word "Secretary" is substituted for "Department of Defense" because the responsibility is in the head of the agency. The word "shall" is substituted for "is authorized and directed" for clarity. -REFTEXT- REFERENCES IN TEXT Executive Order Number 12661, referred to in subsec. (a), is set out under section 8871 of Title 42, The Public Health and Welfare. Section 4081 of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to section 4081 of Title 26, Internal Revenue Code. -MISC2- AMENDMENTS 2006 - Pub. L. 109-364 renumbered section 2398 of this title as this section. 1996 - Subsec. (a). Pub. L. 104-106, Sec. 1061(h)(1), (2)(A), redesignated subsec. (b) as (a) and struck out former subsec. (a) which read as follows: "DOD Motor Vehicles. - To the maximum extent feasible and consistent with overall defense needs and vehicle management practices prescribed by the Secretary of Defense, the Secretary shall make contracts, by competitive bid and subject to appropriations, to purchase domestically produced alcohol or alcohol-gasoline blends containing at least 10 percent domestically produced alcohol for use in motor vehicles owned or operated by the Department of Defense." Subsec. (b). Pub. L. 104-106, Sec. 1061(h)(2), redesignated subsec. (c) as (b) and substituted "subsection (a)" for "subsection (b)". Former subsec. (b) redesignated (a). Subsec. (c). Pub. L. 104-106, Sec. 1061(h)(2)(A), redesignated subsec. (c) as (b). 1991 - Pub. L. 102-190 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c). EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102-190, div. A, title VIII, Sec. 841(b), Dec. 5, 1991, 105 Stat. 1448, provided that: "Section 2398(b) [now 2922c(a)] of title 10, United States Code, as added by subsection (a), shall apply with respect to contracts awarded pursuant to solicitations issued after the expiration of the 180-day period beginning on the date of the enactment of this Act [Dec. 5, 1991]." -End- -CITE- 10 USC Sec. 2922d 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER II - ENERGY-RELATED PROCUREMENT -HEAD- Sec. 2922d. Procurement of fuel derived from coal, oil shale, and tar sands -STATUTE- (a) Use of Fuel to Meet Department of Defense Needs. - The Secretary of Defense shall develop a strategy to use fuel produced, in whole or in part, from coal, oil shale, and tar sands (referred to in this section as a "covered fuel") that are extracted by either mining or in-situ methods and refined or otherwise processed in the United States in order to assist in meeting the fuel requirements of the Department of Defense when the Secretary determines that it is in the national interest. (b) Authority to Procure. - The Secretary of Defense may enter into 1 or more contracts or other agreements (that meet the requirements of this section) to procure a covered fuel to meet 1 or more fuel requirements of the Department of Defense. (c) Clean Fuel Requirements. - A covered fuel may be procured under subsection (b) only if the covered fuel meets such standards for clean fuel produced from domestic sources as the Secretary of Defense shall establish for purposes of this section in consultation with the Department of Energy. (d) Multiyear Contract Authority. - Subject to applicable provisions of law, any contract or other agreement for the procurement of covered fuel under subsection (b) may be for 1 or more years at the election of the Secretary of Defense. (e) Fuel Source Analysis. - In order to facilitate the procurement by the Department of Defense of covered fuel under subsection (b), the Secretary of Defense may carry out a comprehensive assessment of current and potential locations in the United States for the supply of covered fuel to the Department. -SOURCE- (Added Pub. L. 109-58, title III, Sec. 369(q)(1), Aug. 8, 2005, 119 Stat. 733, Sec. 2398a; renumbered Sec. 2922d, Pub. L. 109-364, div. B, title XXVIII, Sec. 2851(b)(2), Oct. 17, 2006, 120 Stat. 2494.) -MISC1- AMENDMENTS 2006 - Pub. L. 109-364 renumbered section 2398a of this title as this section. -End- -CITE- 10 USC Sec. 2922e 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER II - ENERGY-RELATED PROCUREMENT -HEAD- Sec. 2922e. Acquisition of certain fuel sources: authority to waive contract procedures; acquisition by exchange; sales authority -STATUTE- (a) Waiver Authority. - The Secretary of Defense may, for any purchase of a defined fuel source, waive the application of any provision of law prescribing procedures to be followed in the formation of contracts, prescribing terms and conditions to be included in contracts, or regulating the performance of contracts if the Secretary determines - (1) that market conditions for the defined fuel source have adversely affected (or will in the near future adversely affect) the acquisition of that defined fuel source by the Department of Defense; and (2) the waiver will expedite or facilitate the acquisition of that defined fuel source for Government needs. (b) Scope of Waiver. - A waiver under subsection (a) may be made with respect to a particular contract or with respect to classes of contracts. Such a waiver that is applicable to a contract for the purchase of a defined fuel source may also be made applicable to a subcontract under that contract. (c) Exchange Authority. - The Secretary of Defense may acquire a defined fuel source or services related to a defined fuel source by exchange of a defined fuel source or services related to a defined fuel source. (d) Authority To Sell. - The Secretary of Defense may sell a defined fuel source of the Department of Defense if the Secretary determines that the sale would be in the public interest. The proceeds of such a sale shall be credited to appropriations of the Department of Defense for the acquisition of a defined fuel source or services related to a defined fuel source. Amounts so credited shall be available for obligation for the same period as the appropriations to which the amounts are credited. (e) Petroleum Defined. - In this section, the term "petroleum" means natural or synthetic crude, blends of natural or synthetic crude, and products refined or derived from natural or synthetic crude or from such blends. (f) Defined Fuel Sources. - In this section, the term "defined fuel source" means any of the following: (1) Petroleum. (2) Natural gas. (3) Coal. (4) Coke. -SOURCE- (Added Pub. L. 98-525, title XII, Sec. 1234(a), Oct. 19, 1984, 98 Stat. 2604, Sec. 2404; amended Pub. L. 100-26, Sec. 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101-510, div. A, title XIII, Sec. 1322(a)(8), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 103-160, div. A, title VIII, Sec. 826, Nov. 30, 1993, 107 Stat. 1711; Pub. L. 106- 65, div. A, title VIII, Sec. 803(a), (b)(1), Oct. 5, 1999, 113 Stat. 703; renumbered Sec. 2922e, Pub. L. 109-364, div. B, title XXVIII, Sec. 2851(b)(2), Oct. 17, 2006, 120 Stat. 2494.) -MISC1- AMENDMENTS 2006 - Pub. L. 109-364 renumbered section 2404 of this title as this section. 1999 - Pub. L. 106-65, Sec. 803(b)(1), substituted "Acquisition of certain fuel sources" for "Acquisition of petroleum and natural gas" in section catchline. Subsec. (a). Pub. L. 106-65, Sec. 803(a)(1), substituted "a defined fuel source" for "petroleum or natural gas" in introductory provisions, "market conditions for the defined fuel source" for "petroleum market conditions or natural gas market conditions, as the case may be," and "acquisition of that defined fuel source" for "acquisition of petroleum or acquisition of natural gas, respectively," in par. (1), and "that defined fuel source" for "petroleum or natural gas, as the case may be," in par. (2). Subsec. (b). Pub. L. 106-65, Sec. 803(a)(2), substituted "a defined fuel source" for "petroleum or natural gas" in second sentence. Subsec. (c). Pub. L. 106-65, Sec. 803(a)(3), which directed the substitution of "a defined fuel source or services related to a defined fuel source by exchange of a defined fuel source or services related to a defined fuel source." for " 'petroleum' and all that follows through the period", was executed by substituting the material for "petroleum, petroleum-related services, natural gas, or natural gas-related services by exchange of petroleum, petroleum-related services, natural gas, or natural gas-related services." to reflect the probable intent of Congress. Subsec. (d). Pub. L. 106-65, Sec. 803(a)(4), substituted "a defined fuel source" for "petroleum or natural gas" in first sentence and "a defined fuel source or services related to a defined fuel source." for "petroleum, petroleum-related services, natural gas, or natural gas-related services." in second sentence. Subsec. (f). Pub. L. 106-65, Sec. 803(a)(5), added subsec. (f). 1993 - Pub. L. 103-160, Sec. 826(d)(2), substituted "petroleum and natural gas: authority to waive contract procedures; acquisition by exchange; sales authority" for "petroleum: authority to waive contract procedures" as section catchline. Subsec. (a). Pub. L. 103-160, Sec. 826(a)(1), (d)(1)(A), inserted heading, inserted "or natural gas" after "petroleum" in introductory provisions, inserted "or natural gas market conditions, as the case may be," after "petroleum market conditions" and "or acquisition of natural gas, respectively," after "acquisition of petroleum" in par. (1), and inserted "or natural gas, as the case may be," after "petroleum" in par. (2). Subsec. (b). Pub. L. 103-160, Sec. 826(a)(2), (d)(1)(B), inserted heading and inserted "or natural gas" after "petroleum" in second sentence. Subsec. (c). Pub. L. 103-160, Sec. 826(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The Secretary of Defense may acquire petroleum by exchange of petroleum or petroleum derivatives." Subsec. (d). Pub. L. 103-160, Sec. 826(c)(2), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 103-160, Sec. 826(c)(1), (d)(1)(C), redesignated subsec. (d) as (e) and inserted heading. 1990 - Subsecs. (d), (e). Pub. L. 101-510 redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: "The Secretary of Defense shall notify the Congress within 10 days of the date on which any waiver is made under this section and of the reasons for the necessity of exercising such waiver." 1987 - Subsec. (e). Pub. L. 100-26 inserted "the term" after "In this section,". -End- -CITE- 10 USC Sec. 2922f 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER II - ENERGY-RELATED PROCUREMENT -HEAD- Sec. 2922f. Preference for energy efficient electric equipment -STATUTE- (a) In establishing a new requirement for electric equipment referred to in subsection (b) and in procuring electric equipment referred to in that subsection, the Secretary of a military department or the head of a Defense Agency, as the case may be, shall provide a preference for the procurement of the most energy efficient electric equipment available that meets the requirement or the need for the procurement, if providing such a preference is consistent with the energy performance goals and energy performance plan for the Department of Defense developed under section 2911 of this title and supported by the special considerations specified in subsection (c) of such section. (b) Subsection (a) applies to the following electric equipment: (1) Electric lamps. (2) Electric ballasts. (3) Electric motors. (4) Electric refrigeration equipment. -SOURCE- (Added Pub. L. 102-484, div. A, title III, Sec. 384(a)(1)(A), Oct. 23, 1992, 106 Stat. 2392, Sec. 2410c; renumbered Sec. 2922f and amended Pub. L. 109-364, div. B, title XXVIII, Sec. 2851(b)(2), (3)(E), Oct. 17, 2006, 120 Stat. 2494, 2495.) -MISC1- AMENDMENTS 2006 - Pub. L. 109-364, Sec. 2851(b)(2), renumbered section 2410c of this title as this section. Subsec. (a). Pub. L. 109-364, Sec. 2851(b)(3)(E), substituted "In" for "When cost effective, in" and "if providing such a preference is consistent with the energy performance goals and energy performance plan for the Department of Defense developed under section 2911 of this title and supported by the special considerations specified in subsection (c) of such section" for "as the case may be". EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102-484, div. A, title III, Sec. 384(a)(2), Oct. 23, 1992, 106 Stat. 2393, provided that: "The amendments made by paragraph (1) [enacting this section] shall apply to procurements for which solicitations are issued on or after the date that is 120 days after the date of the enactment of this Act [Oct. 23, 1992]." ELECTRIC LIGHTING AND REFRIGERATION EQUIPMENT DEMONSTRATION PROGRAMS Pub. L. 102-484, div. A, title III, Sec. 384(b)-(d), Oct. 23, 1992, 106 Stat. 2393, provided that: "(b) Electric Lighting Demonstration Program. - (1) The Secretary of Defense shall conduct a demonstration program for using energy efficient electric lighting equipment. "(2) The Secretary shall designate 50 facilities owned or leased by the Department of Defense for participation in the demonstration program under this subsection. "(3) The head of each facility designated pursuant to paragraph (2) and the Director of the Defense Logistics Agency shall jointly audit the electric lighting equipment at the facility in order - "(A) to identify any potential improvements that would increase the energy efficiency of electric lighting at that facility; and "(B) to determine the costs of, and the savings that would result from, such improvements. "(4) Except as provided in subsection (d)(4), on the basis of the results of the audit the head of the facility shall promptly convert to the use of electric lighting equipment at the facility that is more energy efficient than the existing electric lighting equipment to the extent that the conversion is cost effective. "(5) Energy efficient electric lighting equipment used under the demonstration program may include compact fluorescent lamps, energy efficient electric ballasts and fixtures, and other energy efficient electric lighting equipment. "(c) Refrigeration Equipment Demonstration Program. - (1) The Secretary of Defense shall conduct a demonstration program for using energy efficient refrigeration equipment. "(2) The Secretary shall designate 50 facilities owned or operated by the Department of Defense for participation in the demonstration program under this subsection. "(3) The head of each facility designated pursuant to paragraph (2) and the Director of the Defense Logistics Agency shall jointly audit the refrigeration equipment at the facility in order - "(A) to identify any potential improvements that would increase the energy efficiency of the refrigeration equipment at that facility; and "(B) to determine the costs of, and the savings that would result from, such improvements. "(4) Except as provided in subsection (d)(4), on the basis of the results of the audit the head of the facility shall promptly convert to the use of refrigeration equipment at the facility that is more energy efficient than the existing refrigeration equipment to the extent that the conversion is cost effective. "(d) General Provisions for Demonstration Programs. - (1) The Secretary of Defense shall make the designations under subsections (b)(2) and (c)(2) not later than 180 days after the date of the enactment of this Act [Oct. 23, 1992]. "(2) The Secretary of Defense may designate a facility described in subsections (b)(2) and (c)(2) for participation in the demonstration program under subsection (b) and the demonstration program under subsection (c). "(3) The audits required by subsections (b)(3) and (c)(3) shall be completed not later than January 1, 1994. "(4) The head of a facility may not carry out a conversion described in subsection (b)(4) or (c)(4) if the conversion prevents the head of the facility from carrying out other improvements relating to energy efficiency that are more cost effective than that conversion." -End- -CITE- 10 USC SUBCHAPTER III - GENERAL PROVISIONS 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER III - GENERAL PROVISIONS -HEAD- SUBCHAPTER III - GENERAL PROVISIONS -MISC1- Sec. 2925. Annual report. -End- -CITE- 10 USC Sec. 2925 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER III - GENERAL PROVISIONS -HEAD- Sec. 2925. Annual report -STATUTE- (a) Report Required. - As part of the annual submission of the energy performance goals for the Department of Defense under section 2911 of this title, the Secretary of Defense shall submit a report containing the following: (1) A description of the progress made to achieve the goals of the Energy Policy Act of 2005 (Public Law 109-58) and the energy performance goals for the Department of Defense during the preceding fiscal year. (2) A description of the actions taken to implement the energy performance plan in effect under section 2911 of this title and carry out this chapter during the preceding fiscal year. (3) A description of the energy savings realized from such actions. (4) An estimate of the types and quantities of energy consumed by the Department of Defense and members of the armed forces and civilian personnel residing or working on military installations during the preceding fiscal year, including a breakdown of energy consumption by user groups and types of energy, energy costs, and the quantities of renewable energy produced or procured by the Department. (5) A description of the types and amount of financial incentives received under section 2913 of this title during the preceding fiscal year and the appropriation account or accounts to which the incentives were credited. (b) Initial Report. - In the first report required under this section, the Secretary of Defense shall include the following: (1) Such recommendations for changes to this chapter as the Secretary considers appropriate to improve energy performance. (2) A description of how responsibility over energy performance is distributed within the Department of Defense and a discussion on whether such responsibilities should be consolidated within a single entity. (3) A discussion of the manner in which the Secretary intends to balance the considerations specified in subsection (c) of section 2911 of this title in developing and implementing the energy performance goals and energy performance plan. (4) A discussion of the extent to which non-direct energy costs are considered in making research and development, procurement, and construction decisions. -SOURCE- (Added Pub. L. 109-364, div. B, title XXVIII, Sec. 2851(a)(1), Oct. 17, 2006, 120 Stat. 2493.) -REFTEXT- REFERENCES IN TEXT The Energy Policy Act of 2005, referred to in subsec. (a)(1), is Pub. L. 109-58, Aug. 8, 2005, 119 Stat. 594, which enacted chapter 149 of Title 42, The Public Health and Welfare, and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 15801 of Title 42 and Tables. -End- -CITE- 10 USC Subtitle B - Army 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army -HEAD- Subtitle B - Army PART I - ORGANIZATION -MISC1- Chap. Sec. 301. Definitions 3001 303. Department of the Army 3011 305. The Army Staff 3031 307. The Army 3061 PART II - PERSONNEL 331. Strength 3201 333. Enlistments 3251 335. Appointments in the Regular Army 3281 [337. Repealed.] 339. Temporary Appointments 3441 341. Active Duty 3491 343. Special Appointments, Assignments, Details, and Duties 3531 345. Rank and Command 3571 [347. Repealed.] 349. Miscellaneous Prohibitions and Penalties 3631 [351. Repealed.] 353. Miscellaneous Rights and Benefits 3681 355. Hospitalization 3721 357. Decorations and Awards 3741 [359. Repealed.] [360. Repealed.] [361. Repealed.] [363. Repealed.] [365. Repealed.] 367. Retirement for Length of Service 3911 369. Retired Grade 3961 371. Computation of Retired Pay 3991 373. Civilian Employees 4021 375. Miscellaneous Investigation Requirements and Other Duties 4061 PART III - TRAINING 401. Training Generally 4301 403. United States Military Academy 4331 [405. Repealed.] 407. Schools and Camps 4411 PART IV - SERVICE, SUPPLY, AND PROCUREMENT [431. Repealed.] 433. Procurement 4531 434. Armaments Industrial Base 4551 435. Issue of Serviceable Material to Armed Forces 4561 437. Utilities and Services 4591 439. Sale of Serviceable Material 4621 441. Issue of Serviceable Material Other Than to Armed Forces 4651 443. Disposal of Obsolete or Surplus Material 4681 445. Disposition of Effects of Deceased Persons; Captured Flags 4712 447. Transportation 4741 449. Real Property 4771 451. Military Claims 4801 453. Accountability and Responsibility 4831 AMENDMENTS 2003 - Pub. L. 108-136, div. A, title V, Sec. 576(a)(2), Nov. 24, 2003, 117 Stat. 1487, added item for chapter 375. 2000 - Pub. L. 106-398, Sec. 1 [[div. A], title III, Sec. 344(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-71, added item for chapter 434. 1999 - Pub. L. 106-65, div. A, title VII, Sec. 721(c)(7), Oct. 5, 1999, 113 Stat. 695, substituted "Disposition" for "Inquests; Disposition" and "4712" for "4711" in item for chapter 445. 1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1672(a), Oct. 5, 1994, 108 Stat. 3015, struck out items for chapters 337 "Appointments as Reserve Officers", 361 "Separation for Various Reasons", and 363 "Separation or Transfer to Retired Reserve". 1993 - Pub. L. 103-160, div. A, title VIII, Sec. 828(b)(2), Nov. 30, 1993, 107 Stat. 1714, struck out item for chapter 431 "Industrial Mobilization, Research, and Development". 1987 - Pub. L. 100-26, Sec. 7(j)(10)(A), Apr. 21, 1987, 101 Stat. 283, substituted "3011" for "3010" as section number in item for chapter 303. 1980 - Pub. L. 96-513, title V, Secs. 502(1), 512(1), Dec. 12, 1980, 94 Stat. 2909, 2929, substituted "3010" for "3011" as section number in item for chapter 303, and struck out item for chapter 359 "Separation from Regular Army for Substandard Performance of Duty", item for chapter 360 "Separation from Regular Army for Moral or Professional Dereliction or in Interests of National Security", and item for chapter 365 "Retirement for Age". 1968 - Pub. L. 90-377, Sec. 3, July 5, 1968, 82 Stat. 288, struck out item for chapter 351 "United States Disciplinary Barracks". Pub. L. 90-235, Sec. 8(5), Jan. 2, 1968, 81 Stat. 764, struck out item for chapter 347 "The Uniform". 1964 - Pub. L. 88-647, title III, Sec. 301(11), Oct. 13, 1964, 78 Stat. 1072, struck out item for chapter 405 "Reserve Officers' Training Corps". 1960 - Pub. L. 86-616, Secs. 2(b), 3(b), July 12, 1960, 74 Stat. 388, 390, substituted "Substandard Performance of Duty" for "Failure to Meet Standards" in item for of chapter 359 and added item for chapter 360. 1958 - Pub. L. 85-861, Sec. 1(95), Sept. 2, 1958, 72 Stat. 1487, substituted "3841" for "[No present sections]" in item for chapter 363. -End- -CITE- 10 USC PART I - ORGANIZATION 01/03/2007 -EXPCITE- TITLE 10 - ARMED FORCES Subtitle B - Army PART I - ORGANIZATION -HEAD- PART I - ORGANIZATION -MISC1- Chap. Sec. 301. Definitions 3001 303. Department of the Army 3011 305. The Army Staff 3031 307. The Army 3061 AMENDMENTS 1987 - Pub. L. 100-26, Sec. 7(j)(10)(A), Apr. 21, 1987, 101 Stat. 283, substituted "3011" for "3010" as section number in item for chapter 303. 1980 - Pub. L. 96-513, title V, Sec. 512(1), Dec. 12, 1980, 94 Stat. 2929, substituted "3010" for "3011" as section number in item for chapter 303. -End-