S.Amdt. 3150

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. 3254 · Placed on Calendar Senate

   Section 806(g) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4262; 10 U.S.C. 2304 note) is amended by striking "the date that is three years after the date of the enactment of this Act" and inserting "January 1, 2016".

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

   Inserted: (a) Procurement of Photovoltaic Devices.--The Secretary of Defense shall ensure that each contract described in subsection (b) 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, United States Code (commonly known as the "Buy American Act"), without regard to whether the contract results in ownership of the photovoltaic devices by the Department.

   Inserted: (b) Covered Contracts.--The contracts described in this subsection include energy savings performance contracts, utility service contracts, power purchase agreements, land leases, and private housing contracts pursuant to which any photovoltaic devices are--

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

   Inserted: (2) generate power consumed predominantly by the Department and counted toward Federal renewable energy purchase requirements.

   Inserted: (c) Compliance With International Obligations.--Subsection (a) shall be applied in a manner consistent with the obligations of the United States under international agreements.

   Inserted: (d) Photovoltaic Devices Defined.--In this section, the term "photovoltaic devices" means devices that convert light directly into electricity.

   Inserted: (e) Effective Date.--This section applies to photovoltaic devices procured or installed on or after the date that is 30 days after the date of the enactment of the this Act pursuant to contracts entered into on or after such date of enactment.

   Inserted: (f) Sunset.--

   Inserted: (1) In general.--This section shall expire on the date that is one year after the date of the enactment of this Act.

   Inserted: (2) Continuing effectiveness of contracts after sunset.--Nothing in paragraph (1) shall be construed to terminate the effectiveness after the sunset date provided for in that paragraph of any contract awarded by the Department of Defense and subject the provisions of this section while such contract remains in force.

   Inserted: (g) Construction With Other Authority.--Nothing in this section shall be construed to terminate the effectiveness of the applicability of the provisions of the section 846 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2534 note) to contracts that are awarded by the Department of Defense before the effective date provided for in subsection (e) or after the sunset date provided for in subsection (f)(2).

   Original wording

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

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As printed