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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle E — Other Matters

P. L. 111-

Joint Explanatory Statement of the Committees on Armed Services of the U. S. Senate and House of Representatives on H. R. 6523

From H. R. 6523

SEC. 846. PROCUREMENT OF PHOTOVOLTAIC DEVICES.

(a) Contract Requirement- The Secretary of Defense shall ensure that each contract described in subsection (b) awarded by the Department of Defense includes a provision requiring the photovoltaic devices provided under the contract to comply with the Buy American Act (41 U.S.C. 10a et seq.), subject to the exceptions to that Act provided in the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) or otherwise provided by law.

(b) Contracts Described- The contracts described in this subsection include energy savings performance contracts, utility service contracts, land leases, and private housing contracts, to the extent that such contracts result in ownership of photovoltaic devices by the Department of Defense. For the purposes of this section, the Department of Defense is deemed to own a photovoltaic device if the device is--

(1) installed on Department of Defense property or in a facility owned by the Department of Defense; and

(2) reserved for the exclusive use of the Department of Defense for the full economic life of the device.

(c) Definition of Photovoltaic Devices- In this section, the term `photovoltaic devices' means devices that convert light directly into electricity through a solid-state, semiconductor process.

From H.R. 5136:  National Defense Authorization Act for Fiscal Year 2011

SEC. 846. PROCUREMENT OF PHOTOVOLTAIC DEVICES.

(a) Contract Requirement- The Secretary of Defense shall ensure that each contract awarded by the Department of Defense that includes the procurement of photovoltaic devices, including contracts described in subsection (b), includes a provision requiring the photovoltaic devices to comply with the Buy American Act (41 U.S.C. 10a et seq.).

(b) Contracts Described- The contracts described in this subsection include, but are not limited to, energy savings performance contracts, utility service contracts, land leases, and private housing contracts.

(c) Definition of Photovoltaic Devices- In this section, the term `photovoltaic devices' means devices that convert light directly into electricity through a solid-state, semiconductor process.

Procurement of photovoltaic devices (sec. 846)

The House bill contained a provision (sec. 846) that would require each Department of Defense contract for the procurement of photovoltaic devices – including energy savings performance contracts, utility service contracts, land leases, and private housing contracts – to include a provision requiring compliance with the Buy American Act (41 U.S.C. 10a et seq.).

The Senate committee-reported bill contained no similar provision.

The agreement includes the House provision with an amendment that would require the inclusion of the clause in contracts only if those contracts will result in the ownership of photovoltaic devices by the Department of Defense. The provision would also clarify that exceptions applicable to Buy American requirements would apply to such contracts.

No history identified H. Rpt. 111-491, accompanying H. R. 5136.