To clarify the application of the provisions of the Buy American Act to the procurement of photovoltaic devices by the Department of Defense.

1. Adds SEC. 827. APPLICABILITY OF BUY AMERICAN ACT TO PROCUREMENT OF PHOTOVOLTAIC DEVICES BY DEPARTMENT OF DEFENSE at the end of subtitle B of title VIII

   Adds a section

   In S. 1867 · Placed on Calendar Senate

   (2) Rothe Development Corporation. v. Department of Defense, 545 F.3d 1023 (2008).

   Inserted: SEC. 827. APPLICABILITY OF BUY AMERICAN ACT TO PROCUREMENT OF PHOTOVOLTAIC DEVICES BY DEPARTMENT OF DEFENSE.

   Inserted: (a) In General.--Section 2534 of title 10, United States Code, is amended by adding at the end the following new subsection:

   Inserted: "(k) Procurement of Photovoltaic Devices.--

   Inserted: "(1) Contract requirement.--The Secretary of Defense shall ensure that each contract described in paragraph (2) awarded by the Department of Defense includes a provision requiring any photovoltaic devices installed pursuant to the contract, or pursuant to a subcontract under the contract, to comply with the provisions of chapter 83 of title 41 (commonly known as the 'Buy American Act'), without regard to whether the contract results in ownership of the photovoltaic devices by the Department.

   Inserted: "(2) Contracts described.--The contracts described in this paragraph include energy savings performance contracts, utility service contracts, power purchase agreements, land leases, and private housing contracts pursuant to which any photovoltaic devices are installed on property or in a facility--

   Inserted: "(A) owned by the Department of Defense;

   Inserted: "(B) leased to the Department of Defense; or

   Inserted: "(C) with respect to which the Secretary of the military department concerned has exercised any authority provided under subchapter IV of chapter 169 of this title (relating to alternative authority for the acquisition and improvement of military housing).

   Inserted: "(3) Consistency with international obligations.--Paragraph (1) shall be applied in a manner consistent with the obligations of the United States under international agreements.

   Inserted: "(4) Definition of photovoltaic devices.--In this subsection, the term 'photovoltaic devices' means devices that convert light directly into electricity.

   Inserted: "(5) Effective date.--This subsection applies to photovoltaic devices procured or installed on or after the date that is 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012 pursuant to contracts entered into before, on, or after such date of enactment.".

   Inserted: (b) Conforming Repeal.--Section 846 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2534 note) is repealed.

   Original wording

   At the end of subtitle B of title VIII, add the following:

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As printed