§2922g — Title 10 Armed Forces | U.S. Code

Summary

Before October 1, 2035, military departments and Defense Agencies may choose electric or hybrid vehicles (including plug-in hybrids) when buying or leasing vehicles. They can do this only if the vehicles meet the Department’s needs and cost about the same to buy and operate as regular fuel vehicles. This does not apply to tactical combat vehicles. The Secretary of Defense can allow a different fuel-saving technology instead if it fits the Department’s energy goals. Starting October 1, 2035, most non-tactical vehicles bought or leased under contracts begun, renewed, changed, or extended on or after that date must be either an electric or zero-emission vehicle with an industry-standard charging connector, an advanced-biofuel vehicle, or a hydrogen-powered vehicle. The Secretary of Defense may allow exceptions case by case if the alternative cuts fossil fuel use, matches the Department’s energy plan, and it is impractical to get the required types. The Secretary can waive the rule and cannot give that waiver power to someone else. Definitions: advanced-biofuel-powered vehicle — one that uses fuels listed in 7 U.S.C. 8101(3)(A). Covered nontactical vehicle — any non-tactical vehicle bought or leased under a contract begun, renewed, modified, or amended on or after October 1, 2035. Hydrogen-powered vehicle — uses hydrogen as the main power source, by fuel cell or hydrogen-burning engine.

Title 10, §2922g

Armed Forces — Source: USLM XML via OLRC

(a)During the period preceding October 1, 2035, 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—

(1)will meet the requirements or needs of the Department of Defense; and

(2)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.

(b)Subsection (a) does not apply with respect to tactical vehicles designed for use in combat.

(c)The 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 section 2911 of this title.

(d)Except as provided in subsection (e), beginning on October 1, 2035, each covered nontactical vehicle purchased or leased by or for the use of the Department of Defense shall be—

(1)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;

(2)an advanced-biofuel-powered vehicle; or

(3)a hydrogen-powered vehicle.

(e)Notwithstanding the requirement under subsection (d), beginning on October 1, 2035, 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—

(1)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;

(2)the purchase or lease of such vehicle is consistent with the energy performance goals and plan of the Department of Defense required by section 2911 of this title; and

(3)the purchase or lease of a vehicle described in subsection (d) is impracticable under the circumstances.

(f)(1)The Secretary of Defense may waive the requirement under subsection (d).

(2)The Secretary of Defense may not delegate the waiver authority under paragraph (1).

(g)In this section:

(1)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 (7 U.S.C. 8101(3)(A)).

(2)The term “covered nontactical vehicle” means any vehicle—

(A)that is not a tactical vehicle designed for use in combat; and

(B)that is purchased or leased by the Department of Defense pursuant to a contract entered into, renewed, modified, or amended on or after October 1, 2035.

(3)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 119–60 substituted “may” for “shall” in introductory provisions. 2024—Subsec. (g)(1). Pub. L. 118–159 substituted “2002” for “2202”. 2022—Pub. L. 117–263, § 317(a)(1), substituted “systems; purchase or lease of certain electric and other vehicles” for “systems” in section catchline. Subsec. (a). Pub. L. 117–263, § 317(a)(2), substituted “During the period preceding October 1, 2035, in leasing” for “In leasing” in introductory provisions. Subsec. (c). Pub. L. 117–263, § 317(a)(3), inserted “, during the period specified in subsection (a),” after “from authorizing”. Subsecs. (d) to (g). Pub. L. 117–263, § 317(a)(4), added subsecs. (d) to (g). 2011—Subsec. (d). Pub. L. 112–81 struck out subsec. (d), which defined “hybrid”.

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 111–84, div. B, title XXVIII, § 2844(c), Oct. 28, 2009, 123 Stat. 2682, provided that: “The Secretary of Defense shall prescribe

Regulations

to implement section 2922g of title 10, United States Code, as added by subsection (a), within one year after the date of the enactment of this Act [Oct. 28, 2009].” 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), (d), Dec. 23, 2022, 136 Stat. 2521, provided that: “(c) 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

). “(d) Definitions.—In this section:“(1) 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] (7 U.S.C. 8101(3)(A)). “(2) 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. “(3) The term ‘electric grid requirements’ means the power grid and infrastructure requirements needed to support plug-in electric vehicles and vehicle-to-grid requirements. “(4) The term ‘electric non-tactical vehicle’ means a non-tactical vehicle that is an electric vehicle. “(5) The terms ‘electric vehicle’ includes—“(A) 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 “(B) a plug-in electric vehicle that runs solely on electricity and does not contain an internal combustion engine or gas tank. “(6) 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. “(7) The term ‘non-tactical vehicle’ means a vehicle other than a tactical vehicle. “(8) 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.”

§2922g Preference for motor vehicles using electric or hybrid propulsion systems; purchase or lease of certain electric and other vehicles

Summary

Title 10, §2922g

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Regulations

Regulations

Regulations

Citations & Metadata