the Department to provide such services is adversely affected by an action described in paragraph (1).

(6) Funds provided to State and local governments and regional organizations under this section may be used as part or all of any required non-Federal contribution to a Federal grant-in-aid program for the purposes stated in paragraph (1).

(7) To the extent practicable, the Secretary of Defense shall inform a State or local government applying for assistance under this subsection of the approval or rejection by the Secretary of the application for such assistance as follows:

(A) Before the end of the 7-day period beginning on the date on which the Secretary receives the application, in the case of an application for a planning grant.

(B) Before the end of the 30-day period beginning on such date, in the case of an application for assistance to carry out a community adjustments and economic diversifications program.

(8)(A) In attempting to complete consideration of applications within the time period specified in paragraph (7), the Secretary of Defense shall give priority to those applications requesting assistance for a community described in subsection (f)(1).

(B) If an application under paragraph (7) is rejected by the Secretary, the Secretary shall promptly inform the State or local government of the reasons for the rejection of the application.

[(c) Repealed. P.L. 107-314, § 1041(a)(13), Dec. 2, 2002, 116 Stat. 2645]

(d) DEFINITIONS. In this section:

(1) The term "military installation" means any camp, post, station, base, yard, or other installation under the jurisdiction of a military department that is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or Guam.

(2) The term "defense facility" means any private facility producing goods or services pursuant to a defense contract.

(3) The terms "community adjustment" and "economic diversification" include the development of feasibility studies and business plans for market diversification within a community adversely affected by an action described in clause (A), (B), (C), or (E) of subsection (b)(1) by adversely affected businesses and labor organizations located in the community.

(e) ASSISTANCE SUBJECT TO APPROPRIATIONS.-The authority of the Secretary of Defense to make grants under this section in any fiscal year is subject to the availability of appropriations for that purpose.

(Added P.L. 97-86, §912(a)(1), Dec. 1, 1981, 95 Stat. 1122; amended P.L. 98–115, § 808, Oct. 11, 1983, 97 Stat. 789; P.L. 100-26, § 7(k)(3), April 21, 1987, 101 Stat. 284; P.L. 100-456, § 2805, Sept. 29, 1988, 102 Stat. 2116; P.L. 101-510, § 4102(b), Nov. 5, 1990, 104 Stat. 1851; P.L. 10225, §701(j)(3), April 6, 1991, 105 Stat. 116; P.L. 102-484, §§ 1051(28), 4301(a)-(c), Oct. 23, 1992, 106 Stat. 2500, 2696; P.L. 103-160, § 2913, Nov. 30, 1993, 107 Stat. 1925; P.L. 103-337, §§ 1122(a), 1123(a), (b), Oct. 5, 1994, 108 Stat. 2870; P.L. 104-106, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; P.L. 104-201, §2814, Sept. 23, 1996, 110 Stat. 2790; P.L. 105-85, § 2822, Nov. 18, 1997, 111 Stat. 1997; P.L. 106-65, § 1067(1), Oct. 5, 1999, 113 Stat. 774; P.L. 107-314, § 1041(a)(13), Dec. 2, 2002, 116 Stat. 2645.)

§ 2392. Prohibition on use of funds to relieve economic dislocations

(a) In order to help avoid the uneconomic use of Department of Defense funds in the procurement of goods and services, the Congress finds that it is necessary to prohibit the use of such funds for certain purposes.

(b) No funds appropriated to or for the use of the Department of Defense may be used to pay, in connection with any contract awarded by the Department of Defense, a price differential for the purpose of relieving economic dislocations.

(Added P.L. 97-86, §913(a)(1), Dec. 1, 1981, 95 Stat. 1123.)

§ 2393. Prohibition against doing business with certain offerors or contractors 2

(a)(1) Except as provided in paragraph (2), the Secretary of a military department may not solicit an offer from, award a contract to, extend an existing contract with, or, when approval by the Secretary of the award of a subcontract is required, approve the award of a subcontract to, an offeror or contractor which to the Secretary's knowledge has been debarred or suspended by another Federal agency unless

(A) in the case of debarment, the debarment of the offeror or contractor by all other agencies has been terminated or the period of time specified for such debarment has expired; and

(B) in the case of a suspension, the period of time specified by all other agencies for the suspension of the offeror or contractor has expired.

(2) Paragraph (1) does not apply in any case in which the Secretary concerned determines that there is a compelling reason to solicit an offer from, award a contract to, extend a contract with, or approve a subcontract with such offeror or contractor.

(b) Whenever the Secretary concerned makes a determination described in subsection (a)(2), he shall, at the time of the determination, transmit a notice to the Administrator of General Services describing the determination. The Administrator of General Services shall maintain each such notice in a file available for public inspection.

(c) In this section:

(1) The term "debar" means to exclude, pursuant to established administrative procedures, from Government contracting and subcontracting for a specified period of time commensurate with the seriousness of the failure or offense or the inadequacy of performance.

(2) The term "suspend" means to disqualify, pursuant to established administrative procedures, from Government contracting and subcontracting for a temporary period of time because a concern or individual is suspected of engaging in criminal, fraudulent, or seriously improper conduct.

2 For a provision relating to regulations providing for government-wide effect of debarment, suspension, or other exclusion of a participant in a procurement activity, see section 2455 of the Federal Acquisition Streamlining Act of 1994 (P.L. 103–355; 31 U.S.C. 6101 note), set forth on page 618.

(d) The Secretary of Defense shall prescribe in regulations a requirement that each contractor under contract with the Department of Defense shall require each contractor to whom it awards a contract (in this section referred to as a subcontractor) to disclose to the contractor whether the subcontractor is or is not, as of the time of the award of the subcontract, debarred or suspended by the Federal Government from Government contracting or subcontracting. The requirement shall apply to any subcontractor whose subcontract is in an amount greater than the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))). The requirement shall not apply in the case of a subcontract for the acquisition of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).

(Added P.L. 97-86, §914(a), Dec. 1, 1981, 95 Stat. 1124; amended P.L. 100-180, § 1231(17), Dec. 4, 1987, 101 Stat. 1161; P.L. 101-510, §813(a), Nov. 5, 1990, 104 Stat. 1596; P.L. 102-190, § 1061(a)(11), Dec. 5, 1991, 105 Stat. 1473; P.L. 103-355, §§ 4102(e), 8105(c), Oct. 13, 1994, 108 Stat. 3340, 3392.)

§ 2394. Contracts for energy or fuel for military installations (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 2689 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.

(Added P.L. 97–214, § 6(a)(1), July 12, 1982, 96 Stat. 171; amended P.L. 97-321, § 805(b)(3), Oct. 15, 1982, 96 Stat. 1573; P.L. 101-510, § 1301(12), Nov. 5, 1990, 104 Stat. 1668.)

§ 2394a. Procurement of energy systems using renewable forms of energy

(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 and will be cost effective, reliable, and otherwise suited to supplying the energy needs of the military department under his jurisdiction.

(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 cost effective and 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 2857 of this title.

(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)).

(Added P.L. 97-321, §801(a)(1), Oct. 15, 1982, 96 Stat. 1569; amended P.L. 98-525, § 1405(36), Oct 19, 1984, 98 Stat. 2623; P.L. 101-510, §§ 1322(a)(7), 2852(a), Nov. 5, 1990, 104 Stat. 1671, 1804; P.L. 102–25, § 701(g)(2), April 6, 1991, 105 Stat. 115.)

§ 2395. Availability of appropriations for procurement of technical military equipment and supplies

Funds appropriated to the Department of Defense for the procurement of technical military equipment and supplies remain available until spent.

(Added as § 2394 P.L. 97-258, § 2(b)(4)(B), Sept. 13, 1982, 96 Stat. 1053; redesignated § 2395 and amended P.L. 97-295, § 1(28)(A), Oct. 12, 1982, 96 Stat. 1291.)

§ 2396. Advances for payments for compliance with foreign laws, rent in foreign countries, tuition, public util

ity services, and pay and supplies of armed forces of friendly foreign countries

(a) An advance under an appropriation to the Department of Defense may be made to pay for

(1) compliance with laws and ministerial regulations of a foreign country;

(2) rent in a foreign country for periods of time determined by local custom;

(3) tuition; and

(4) public service utilities.

(b)(1) Under regulations prescribed by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service of the Navy, an officer of an armed force of the United States accountable for public money may advance amounts to a disbursing official of a friendly foreign country or members of an armed force of a friendly foreign country for

(A) pay and allowances to members of the armed force of that country; and

(B) necessary supplies and services.

(2) An advance may be made under this subsection only if the President has made an agreement with the foreign country

(A) requiring reimbursement to the United States for amounts advanced;

(B) requiring the appropriate authority of the country to advance amounts reciprocally to members of the armed forces of the United States; and

(C) containing any other provision the President considers necessary to carry out this subsection and to safeguard the interests of the United States.

(Added as § 2395 P.L. 97-258, § 2(b)(4)(B), Sept. 13, 1982, 96 Stat. 1053; redesignated § 2396 and amended P.L. 97-295, § 1(28)(B), Oct. 12, 1982, 96 Stat. 1291; P.L. 105–85, § 1014(a), (b)(1), Nov. 18, 1997, 111 Stat. 1875; P.L. 107-296, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

[§§ 2397, 2397a, 2397b, and 2397c. Repealed. P.L. 104-106, § 4304(b)(1), Feb. 10, 1996, 110 Stat. 664] 3

§ 2398. Procurement of gasohol as motor vehicle fuel 4

(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.

(Added P.L. 97-295, § 1(29)(A), Oct. 12, 1982, 96 Stat. 1293; amended P.L. 102-190, § 841(a), Dec. 5, 1991, 105 Stat. 1448, P.L. 104-106, § 1061(h), Feb. 10, 1996, 110 Stat. 443.)

§ 2399. Operational test and evaluation of defense acquisition programs

(a) CONDITION FOR PROCEEDING BEYOND LOW-RATE INITIAL PRODUCTION.-(1) The Secretary of Defense shall provide that a major defense acquisition program may not proceed beyond lowrate initial production until initial operational test and evaluation of the program is completed.

(2) In this subsection, the term "major defense acquisition program" means a conventional weapons system that—

(A) is a major system within the meaning of that term in section 2302(5) of this title; and

(B) is designed for use in combat.

(b) OPERATIONAL TEST AND EVALUATION.-(1) Operational testing of a major defense acquisition program may not be conducted until the Director of Operational Test and Evaluation of the Department of Defense approves (in writing) the adequacy of the plans (including the projected level of funding) for operational test and evaluation to be conducted in connection with that program.

(2) The Director shall analyze the results of the operational test and evaluation conducted for each major defense acquisition

3 The subject matter formerly covered by sections 2397, 2397a, 2397b, and 2397c, relating to procurement integrity, is now covered by section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423), set forth beginning on page 592.

4 Subsection (d) of section 841 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (P.L. 102-190, 105 Stat. 1449) provides:

(d) SENSE OF CONGRESS.-[42 U.S.C. 8871 note] It is the sense of Congress that whenever any motor vehicle capable of operating on gasoline or alcohol-gasoline blends that is owned or operated by the Department of Defense or any other department or agency of the Federal Government is refueled, it shall be refueled with an alcohol-gasoline blend containing at least 10 percent domestically produced alcohol if available along the normal travel route of the vehicle at the same or lower price than unleaded gasoline.