Title 10 — Armed Forces
Part IV · Chapter 173 — Energy Security
§ 2922. Liquid fuels and natural gas: contracts for storage, handling, or distribution
Statutory text
Authority To Contract.—
The Secretary of Defense and the Secretary of a military department may each contract for storage facilities for, or the storage, handling, or distribution of, liquid fuels or natural gas.
Period of Contract.—
The period of a contract entered into under subsection (a) may not exceed 5 years. However, the contract may provide options for the Secretary to renew the contract for additional periods of not more than 5 years each, but not for more than a total of 30 years.
Option To Purchase Facility.—
A contract under this section may contain an option for the purchase by the United States of the facility covered by the contract at the expiration or termination of the contract, without regard to subsections (a) and (b) of section 3324 of title 31, and before approval of title to the underlying land by the Attorney General.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 85–861 § 1(46) · 72 Stat. 1437
Enacted · 10 U.S.C. § 2922
Added Pub. L. 85–861, § 1(46), Sept. 2, 1958, 72 Stat. 1457, § 2388
Source evidence
Code source credit
Added Pub. L. 85–861, § 1(46), Sept. 2, 1958, 72 Stat. 1457, § 2388Enacted provision · exact public law section
(1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”Military Construction Codification Act
Pub. L. 97–214 § 10(a)(3) · 96 Stat. 153
Substituted · 10 U.S.C. § 2922(c)
Pub. L. 97–214, § 10(a)(3), substituted “section 3648 of the Revised Statutes (31 U.S.C. 529)” for “section 4774(d) or 9774(d) of this title, section 529 of title 31, or section 259 or 267 of title 40,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 97–214, § 10(a)(3), substituted “section 3648 of the Revised Statutes (31 U.S.C. 529)” for “section 4774(d) or 9774(d) of this title, section 529 of title 31, or section 259 or 267 of title 40,”.Enacted provision · exact public law section
(3) Section 2388(c) of title 10, United States Code, is amended by striking out “section 4774(d) or 9774(d) of this title, section 529 of title 31, or section 259 or 267 of title 40,” and inserting in lieu thereof “section 3648 of the Revised Statutes (31 U.S.C. 529)”.Pub. L. 97–258 § 3(b)(6) · 96 Stat. 1063
Substituted · 10 U.S.C. § 2922(c)
Pub. L. 97–258, § 3(b)(6), directed the substitution of “section 3324(a) and (b) of title 31” for “section 529 of title 31”, which could not be executed in view of prior substitution of language by Pub. L. 97–214
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 97–258, § 3(b)(6), directed the substitution of “section 3324(a) and (b) of title 31” for “section 529 of title 31”, which could not be executed in view of prior substitution of language by Pub. L. 97–214.Pub. L. 97–295 § 1(27) · 96 Stat. 1287
Substituted · 10 U.S.C. § 2922(c)
Pub. L. 97–295, § 1(27), substituted “section 3324(a) and (b) of title 31” for “section 3648 of the Revised Statutes (31 U.S.C. 529)”, clarifying the ambiguity created by previous amendments by Pub. L. 97–214 and Pub. L. 97–258
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–295, § 1(27), substituted “section 3324(a) and (b) of title 31” for “section 3648 of the Revised Statutes (31 U.S.C. 529)”, clarifying the ambiguity created by previous amendments by Pub. L. 97–214 and Pub. L. 97–258.Enacted provision · exact public law section
(27) Section 2388(c) is amended by striking out “section 3648 Ante, p. 175. of the Revised Statutes (31 U.S.C. 529)” and substituting “section 3324 (a) and (b) of title 31”.Department of Defense Authorization Act, 1985
Pub. L. 98–525 title XIV § 1405(56)(A) · 98 Stat. 2492
Substituted · 10 U.S.C. § 2922(c)
Pub. L. 98–525 substituted “subsections (a) and (b) of section 3324” for “section 3324(a) and (b)”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–525 substituted “subsections (a) and (b) of section 3324” for “section 3324(a) and (b)”.Enacted provision · exact public law section
(A) Sections 2127(b), 2388(c), and 6154 are amended by striking out “section 3324 (a) and (b)” and inserting in lieu thereof “subsections (a) and (b) of section 3324”.National Defense Authorization Act for Fiscal Year 1991
Pub. L. 101–510 div. A title XIII § 1322(a)(6) · 104 Stat. 1485
Struck · 10 U.S.C. § 2922(d)
Pub. L. 101–510 struck out subsec. (d) which read as follows: “The Secretary concerned shall report to the Committees on Armed Services of the Senate and the House of Representatives the terms of the contracts made under this section and the names of the contractors. The reports shall be made at such times and in such form as may be agreed upon by the Secretary and those Committees.”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 101–510 struck out subsec. (d) which read as follows: “The Secretary concerned shall report to the Committees on Armed Services of the Senate and the House of Representatives the terms of the contracts made under this section and the names of the contractors. The reports shall be made at such times and in such form as may be agreed upon by the Secretary and those Committees.”Enacted provision · exact public law section
(6) Section 2388 is amended by striking out subsection (d).Pub. L. 103–160 § 825(b) · 107 Stat. 1547
Substituted · 10 U.S.C. § 2922
Pub. L. 103–160, § 825(b), substituted “Liquid fuels and natural gas: contracts for storage, handling, or distribution” for “Liquid fuels: contracts for storage, handling, and distribution” as section catchline
Source evidence
Code amendment note
Pub. L. 103–160, § 825(b), substituted “Liquid fuels and natural gas: contracts for storage, handling, or distribution” for “Liquid fuels: contracts for storage, handling, and distribution” as section catchline.Enacted provision · exact public law section
(b) Section Heading Amendment.—The heading of section 2388 of such title is amended to read as follows: “§ 2388. Liquid fuels and natural gas: contracts for storage, handling, or distribution”.Pub. L. 103–160 § 825(a)(1) · 107 Stat. 1547
Added · 10 U.S.C. § 2922(a); 10 U.S.C. § 2922(b)
Pub. L. 103–160, § 825(a)(1), added subsecs. (a) and (b)
Struck · 10 U.S.C. § 2922(a); 10 U.S.C. § 2922(b)
Pub. L. 103–160, § 825(a)(1), struck out former subsecs. (a) and (b) which read as follows:
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 103–160, § 825(a)(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:“(a) The Secretary of a military department may contract for the storage, handling, and distribution of liquid fuels for periods of not more than five years, with options to renew for additional periods of not more than five years each, but not for more than a total of 20 years. “(b) This section applies only to facilities that conform to standards prescribed by the Secretary of Defense for protection, including dispersal, and that are in a program approved by the Secretary of Defense for the protection of petroleum facilities.”
Enacted provision · exact public law section
(1) by striking out subsections (a) and (b) and inserting in lieu thereof the following: “(a) Authority To Contract.— The Secretary of Defense and the Secretary of a military department may each contract for storage facilities for, or the storage, handling, or distribution of, liquid fuels and natural gas. “(b) Period of Contract.— The period of a contract entered into under subsection (a) may not exceed 5 years. However, the contract may provide options for the Secretary to renew the contract for additional periods of not more than 5 years each, but not for more than a total of 20 years.”; andPub. L. 103–160 § 825(a)(2) · 107 Stat. 1547
Inserted · 10 U.S.C. § 2922(c)
Pub. L. 103–160, § 825(a)(2), inserted heading
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–160, § 825(a)(2), inserted heading.Enacted provision · exact public law section
(2) in subsection (c), by inserting “Option To Purchase Facility.—” after “(c)”.Pub. L. 103–355 title III § 3064 · 108 Stat. 3243
Substituted · 10 U.S.C. § 2922(a)
Pub. L. 103–355 substituted “liquid fuels or natural gas” for “liquid fuels and natural gas”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–355 substituted “liquid fuels or natural gas” for “liquid fuels and natural gas”.Enacted provision · exact public law section
SEC. 3064. LIQUID FUELS AND NATURAL GAS: CONTRACTS FOR STORAGE, HANDLING, OR DISTRIBUTION. Section 2388(a) of title 10, United States Code, is amended by striking out “liquid fuels and natural gas” and inserting in lieu thereof “liquid fuels or natural gas”.Military Construction Authorization Act for Fiscal Year 2007
Pub. L. 109–364 div. B title XXVIII § 2851(b)(2) · 120 Stat. 2083
Changed · 10 U.S.C. § 2922
Pub. L. 109–364 renumbered section 2388 of this title as this section
Source evidence
Code amendment note
Pub. L. 109–364 renumbered section 2388 of this title as this section.Enacted provision · exact public law section
(2) Transfer and redesignation of chapter 141 provisions.— Sections 2388, 2394, 2394a, 2398, 2398a, 2404, and 2410c of such title are— (A) transferred to chapter 173 of such title, as added by subsection (a)(1); (B) inserted after the table of sections of subchapter II of such chapter; and (C) redesignated as sections 2922, 2922a, 2922b, 2922c, 2922d, 2922e, and 2922f, respectively.National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 div. A title VIII § 881(a) · 131 Stat. 1283
Substituted · 10 U.S.C. § 2922(b)
Pub. L. 115–91 substituted “30 years” for “20 years”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 115–91 substituted “30 years” for “20 years”.Enacted provision · exact public law section
(a) Extension.— Section 2922(b) of title 10, United States Code, is amended by striking “20 years” and inserting “30 years”.Effective date note
Pub. L. 115–91, div. A, title VIII, § 881(b), Dec. 12, 2017, 131 Stat. 1504, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to contracts entered into on or after the date of the enactment of this Act [Dec. 12, 2017], and may be applied to a contract entered into before that date if the total contract period under the contract (including options) has not expired as of the date of any extension of such contract period by reason of such amendment.”
12 of 13 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 1956 Act | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 2388(a)2388(b) | 50:98i (1st sentence).50:98i (2d sentence). | Aug. 3, 1956, ch. 939, § 416, 70 Stat. 1018. |
| 2388(c) | 50:98i (less 1st and 2d sentences and proviso of last sentence). | |
| 2388(d) | 50:98i (proviso of last sentence). | |
In subsection (b), the words “section applies only” are substituted for the words “authority is limited”. The word “standards” is substituted for the word “criteria”.
In subsection (c), the words “A contract under this section” are substituted for the words “Such contracts”. The last 33 words are substituted for 50:98i (28 words before proviso of last sentence).
1982 Act
In 10:2388(c), the title 31 citation is substituted on authority of Pub. L. 97–258, § 4(b), , 96 Stat. 1067, the first section of which enacted title 31.
Editorial Notes
Amendments1982–2017 · 7 rounds
2017
Subsec. (b). Pub. L. 115–91 substituted “30 years” for “20 years”.
2006
Pub. L. 109–364 renumbered section 2388 of this title as this section.
1994
Subsec. (a). Pub. L. 103–355 substituted “liquid fuels or natural gas” for “liquid fuels and natural gas”.
1993
Pub. L. 103–160, § 825(b), substituted “Liquid fuels and natural gas: contracts for storage, handling, or distribution” for “Liquid fuels: contracts for storage, handling, and distribution” as section catchline.
Subsecs. (a), (b). Pub. L. 103–160, § 825(a)(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:
“(a) The Secretary of a military department may contract for the storage, handling, and distribution of liquid fuels for periods of not more than five years, with options to renew for additional periods of not more than five years each, but not for more than a total of 20 years.
“(b) This section applies only to facilities that conform to standards prescribed by the Secretary of Defense for protection, including dispersal, and that are in a program approved by the Secretary of Defense for the protection of petroleum facilities.”
Subsec. (c). Pub. L. 103–160, § 825(a)(2), inserted heading.
1990
Subsec. (d). Pub. L. 101–510 struck out subsec. (d) which read as follows: “The Secretary concerned shall report to the Committees on Armed Services of the Senate and the House of Representatives the terms of the contracts made under this section and the names of the contractors. The reports shall be made at such times and in such form as may be agreed upon by the Secretary and those Committees.”
1984
Subsec. (c). Pub. L. 98–525 substituted “subsections (a) and (b) of section 3324” for “section 3324(a) and (b)”.
1982
Subsec. (c). Pub. L. 97–295, § 1(27), substituted “section 3324(a) and (b) of title 31” for “section 3648 of the Revised Statutes (31 U.S.C. 529)”, clarifying the ambiguity created by previous amendments by Pub. L. 97–214 and Pub. L. 97–258.
Pub. L. 97–258, § 3(b)(6), directed the substitution of “section 3324(a) and (b) of title 31” for “section 529 of title 31”, which could not be executed in view of prior substitution of language by Pub. L. 97–214.
Pub. L. 97–214, § 10(a)(3), substituted “section 3648 of the Revised Statutes (31 U.S.C. 529)” for “section 4774(d) or 9774(d) of this title, section 529 of title 31, or section 259 or 267 of title 40,”.
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Pub. L. 115–91, div. A, title VIII, § 881(b), , 131 Stat. 1504, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to contracts entered into on or after the date of the enactment of this Act [], and may be applied to a contract entered into before that date if the total contract period under the contract (including options) has not expired as of the date of any extension of such contract period by reason of such amendment.”
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–214 effective , and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title.
Implementation of Inspector General Recommendations Relating to Oversight of Defense Fuel Support Points
Pub. L. 118–159, div. A, title III, § 320, , 138 Stat. 1853, provided that:
“With respect to each recommendation of the Inspector General of the Department of Defense contained in the report published by the Inspector General on , and titled ‘Audit of the Defense Logistics Agency Oversight of Defense Fuel Support Points’ (DODIG–2024–075), by not later than , the Secretary of Defense shall—
“(1) implement such recommendation; or
“(2) submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing an explanation of why the Secretary has not implemented the recommendation.”
Bulk Fuel Management in United States Indo-Pacific Command Area of Responsibility
Pub. L. 116–283, div. B, title XXVIII, § 2854, , 134 Stat. 4355, as amended by Pub. L. 117–81, div. A, title III, § 352(d), , 135 Stat. 1655, provided that:
“(a) Bulk Fuel Management Strategy.—
“(1) Strategy required.—
The Secretary of Defense shall prepare a bulk fuel management strategy for the United States Indo-Pacific Command Area of Responsibility designed to develop the required bulk fuel management infrastructure and programs to optimally support bulk fuel management in the United States Indo-Pacific Command Area of Responsibility.
“(2) Additional elements.—
The strategy shall include the following additional elements:
“(A) A description of current organizational responsibility of bulk fuel management in the United States Indo-Pacific Command Area of Responsibility from ordering, storage, strategic transportation, and tactical transportation to the last tactical mile.
“(B) A description of legacy bulk fuel management assets that can be used to support the United States Indo-Pacific Command.
“(C) A description of current programs for platforms and weapon systems and research and development aimed at managing fuel constraints through decreasing demand.
“(b) Coordination.—
The bulk fuel management strategy required by subsection (a) shall be prepared in coordination with subject-matter experts of the United States Indo-Pacific Command, the United States Transportation Command, the Defense Logistics Agency, and the military departments.”
Notice of Purchase of Drop-In Fuel
Pub. L. 113–291, div. A, title III, § 316(c), (d), , 128 Stat. 3339, 3340, provided that:
“(c) Notice of Purchase Required.—
If the Secretary of Defense intends to purchase a drop-in fuel intended for operational use with a fully burdened cost in excess of 10 percent more than the fully burdened cost of a traditional fuel available for the same purpose, the Secretary shall provide notice of such intended purchase to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] by not later than 30 days before the date on which such purchase is intended to be made.
“(d) Definitions.—
In this section [this note]:
“(1) The term ‘drop-in fuel’ means a neat or blended liquid hydrocarbon fuel designed as a direct replacement for a traditional fuel with comparable performance characteristics and compatible with existing infrastructure and equipment.
“(2) The term ‘traditional fuel’ means a liquid hydrocarbon fuel derived or refined from petroleum.
“(3) The term ‘operational purposes’ means for the purposes of conducting military operations, including training, exercises, large scale demonstrations, and moving and sustaining military forces and military platforms. The term does not include research, development, testing, evaluation, fuel certification, or other demonstrations.
“(4) The term ‘fully burdened cost’ means the commodity price of the fuel plus the total cost of all personnel and assets required to move and, when necessary, protect the fuel from the point at which the fuel is received from the commercial supplier to the point of use.”
Purchases of Gasohol as Fuel for Motor Vehicles
Pub. L. 96–107, title VIII, § 815, , 93 Stat. 817, which had authorized the Secretary of Defense to buy domestically produced alcohol and gasohol for use as fuel in Department of Defense motor vehicles, was repealed and reenacted as section 2398 (now 2922c) of this title by Pub. L. 97–295, §§ 1(29)(A), 6(b), , 96 Stat. 1293, 1315.
Credits
1958–2017 · 10 acts
- 1958Added Pub. L. 85–861, § 1(46), , 72 Stat. 1457, § 2388
- 1982amended Pub. L. 97–214, § 10(a)(3), , 96 Stat. 175
- 1982Pub. L. 97–258, § 3(b)(6), , 96 Stat. 1063
- 1982Pub. L. 97–295, § 1(27), , 96 Stat. 1291
- 1984Pub. L. 98–525, title XIV, § 1405(56)(A), , 98 Stat. 2626
- 1990Pub. L. 101–510, div. A, title XIII, § 1322(a)(6), , 104 Stat. 1671
- 1993Pub. L. 103–160, div. A, title VIII, § 825, , 107 Stat. 1711
- 1994Pub. L. 103–355, title III, § 3064, , 108 Stat. 3337
- 2006renumbered § 2922, Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), , 120 Stat. 2494
- 2017Pub. L. 115–91, div. A, title VIII, § 881(a), , 131 Stat. 1504.
Show as published
(Added Pub. L. 85–861, § 1(46), , 72 Stat. 1457, § 2388; amended Pub. L. 97–214, § 10(a)(3), , 96 Stat. 175; Pub. L. 97–258, § 3(b)(6), , 96 Stat. 1063; Pub. L. 97–295, § 1(27), , 96 Stat. 1291; Pub. L. 98–525, title XIV, § 1405(56)(A), , 98 Stat. 2626; Pub. L. 101–510, div. A, title XIII, § 1322(a)(6), , 104 Stat. 1671; Pub. L. 103–160, div. A, title VIII, § 825, , 107 Stat. 1711; Pub. L. 103–355, title III, § 3064, , 108 Stat. 3337; renumbered § 2922, Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), , 120 Stat. 2494; Pub. L. 115–91, div. A, title VIII, § 881(a), , 131 Stat. 1504.)