Preference .—
During the period preceding , in leasing or procuring motor vehicles for use by a military department or Defense Agency, the Secretary of the military department or the head of the Defense Agency may provide a preference for the lease or procurement of motor vehicles using electric or hybrid propulsion systems, including plug-in hybrid systems, if the electric or hybrid vehicles—
will meet the requirements or needs of the Department of Defense; and
are commercially available at a cost, including operating cost, reasonably comparable to motor vehicles containing only an internal combustion or heat engine using combustible fuel.
Exception .—
Subsection (a) does not apply with respect to tactical vehicles designed for use in combat.
Relation to Other Vehicle Technologies That Reduce Consumption of Fossil Fuels .—
section 2911 of this titleThe preference required by subsection (a) does not preclude the Secretary of Defense from authorizing, during the period specified in subsection (a), the Secretary of a military department or head of a Defense Agency to provide a preference for another vehicle technology that reduces the consumption of fossil fuels if the Secretary of Defense determines that the technology is consistent with the energy performance goals and plan of the Department required by .
Requirement .—
Except as provided in subsection (e), beginning on , each covered nontactical vehicle purchased or leased by or for the use of the Department of Defense shall be—
an electric or zero emission vehicle that uses a charging connector type (or other means to transmit electricity to the vehicle) that meets applicable industry accepted standards for interoperability and safety;
an advanced-biofuel-powered vehicle; or
a hydrogen-powered vehicle.
Relation to Other Vehicle Technologies That Reduce Consumption of Fossil Fuels .—
Notwithstanding the requirement under subsection (d), beginning on , the Secretary of Defense may authorize the purchase or lease of a covered nontactical vehicle that is not described in such subsection if the Secretary determines, on a case-by-case basis, that—
the technology used in the vehicle to be purchased or leased reduces the consumption of fossil fuels compared to vehicles that use conventional internal combustion technology;
section 2911 of this title the purchase or lease of such vehicle is consistent with the energy performance goals and plan of the Department of Defense required by ; and
the purchase or lease of a vehicle described in subsection (d) is impracticable under the circumstances.
Waiver .—
The Secretary of Defense may waive the requirement under subsection (d).
The Secretary of Defense may not delegate the waiver authority under paragraph (1).
Definitions .—
In this section:
7 U.S.C. 8101(3)(A) The term “advanced-biofuel-powered vehicle” includes a vehicle that uses a fuel described in section 9001(3)(A) of the Farm Security and Rural Investment Act of 2002 ().
The term “covered nontactical vehicle” means any vehicle—
that is not a tactical vehicle designed for use in combat; and
that is purchased or leased by the Department of Defense pursuant to a contract entered into, renewed, modified, or amended on or after .
The term “hydrogen-powered vehicle” means a vehicle that uses hydrogen as the main source of motive power, either through a fuel cell or internal combustion.
Pub. L. 111–84, div. B, title XXVIII, § 2844(a)123 Stat. 2682Pub. L. 112–81, div. B, title XXVIII, § 2821(b)(3)125 Stat. 1691Pub. L. 117–263, div. A, title III, § 317(a)136 Stat. 2506Pub. L. 118–159, div. A, title XVII, § 1701(a)(33)138 Stat. 2205Pub. L. 119–60, div. A, title III, § 312(2)139 Stat. 804(Added , , ; amended , , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 119–602025—Subsec. (a). substituted “may” for “shall” in introductory provisions.
Pub. L. 118–1592024—Subsec. (g)(1). substituted “2002” for “2202”.
Pub. L. 117–263, § 317(a)(1)2022—, substituted “systems; purchase or lease of certain electric and other vehicles” for “systems” in section catchline.
Pub. L. 117–263, § 317(a)(2)Subsec. (a). , substituted “During the period preceding , in leasing” for “In leasing” in introductory provisions.
Pub. L. 117–263, § 317(a)(3)Subsec. (c). , inserted “, during the period specified in subsection (a),” after “from authorizing”.
Pub. L. 117–263, § 317(a)(4)Subsecs. (d) to (g). , added subsecs. (d) to (g).
Pub. L. 112–812011—Subsec. (d). struck out subsec. (d), which defined “hybrid”.
Statutory Notes and Related Subsidiaries
Regulations
Pub. L. 111–84, div. B, title XXVIII, § 2844(c)123 Stat. 2682
section 2922g of title 10“The Secretary of Defense shall prescribe regulations to implement , United States Code, as added by subsection (a), within one year after the date of the enactment of this Act [].”
, , , provided that:
Requirement That Electric Vehicles, Advanced-Biofuel-Powered Vehicles, or Hydrogen-Powered Vehicles Be in Compliance With Applicable Regulation
Pub. L. 117–263, div. A, title III, § 328(c)136 Stat. 2521
Additional Prohibition .—
None of the funds authorized to be appropriated by this Act [see Tables for classification] or otherwise made available for the Department of Defense may be obligated or expended to procure non-tactical vehicles that are electric vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered vehicles, or any components or spare parts associated with such vehicles, that are not in compliance with subpart 22.15 of the Federal Acquisition Regulation (or any successor regulations).
Definitions .—
In this section:
7 U.S.C. 8101(3)(A) The term ‘advanced-biofuel-powered vehicle’ includes a vehicle that uses a fuel described in section 9001(3)(A) of the Farm Security and Rural Investment Act of 2202 [2002] ().
The term ‘charging station’ means a parking space with electric vehicle supply equipment that supplies electric energy for the recharging of electric vehicles with at least a level two charger.
The term ‘electric grid requirements’ means the power grid and infrastructure requirements needed to support plug-in electric vehicles and vehicle-to-grid requirements.
The term ‘electric non-tactical vehicle’ means a non-tactical vehicle that is an electric vehicle.
The terms ‘electric vehicle’ includes—
a plug-in hybrid electric vehicle that uses a combination of electric and gas powered engine that can use either gasoline or electricity as a fuel source; and
a plug-in electric vehicle that runs solely on electricity and does not contain an internal combustion engine or gas tank.
The term ‘hydrogen-powered vehicle’ means a vehicle that uses hydrogen as the main source of motive power, either through a fuel cell or internal combustion.
The term ‘non-tactical vehicle’ means a vehicle other than a tactical vehicle.
The term ‘tactical vehicle’ means a motor vehicle designed to military specification, or a commercial design motor vehicle modified to military specification, to provide direct transportation support of combat or tactical operations, or for the training of personnel for such operations.”