§ 2922c. Procurement of gasohol as motor vehicle fuel

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.

1. 1982

   Pub. L. 97–295 § 1(29)(A) · 96 Stat. 1287

   Enacted · 10 U.S.C. § 2922c

   Added Pub. L. 97–295, § 1(29)(A), Oct. 12, 1982, 96 Stat. 1293, § 2398

   Source evidence

   Code source credit
   Added Pub. L. 97–295, § 1(29)(A), Oct. 12, 1982, 96 Stat. 1293, § 2398

   Enacted provision · exact public law section
   (A) Chapter 141 is amended by adding at the end thereof the following: “§ 2397. Employees or former employees of defense contractors: reports “(a) In this section: Definitions. “(1) ‘Contract’ means a contract awarded by negotiation (including the net amount of modifications to, and the exercise of options under, the contract) that involves at least $10,000. “(2) ‘Defense contractor’ means a person that provides services, supplies, or both (including construction) to the Department of Defense under a contract directly with the Department. “(3) ‘Served’, when used with ‘otherwise’, includes the representation of a defense contractor— “(A) at a hearing, trial, appeal, or other action in which the United States was a party and that involved services, supplies, or both (including construction) that were provided to, or to be provided to, the Department by the contractor; and “(B) in a transaction with the Department that involved services, supplies, or both (including construction) that were provided to, or to be provided to, the Department by the contractor. “(b) (1) This subsection applies to— “(A) a former or retired officer of the Army, Navy, Air Force, or Marine Corps who (i) has at least 10 years of active service, and (ii) held for any period during that service a grade above captain or, if the Navy, above lieutenant; and “(B) a former civilian official or employee (including a consultant or part-time employee) of the Department of Defense whose pay rate (at any time during the 3-year period before the end of the last service of the person with the Department) was at least equal to the minimum rate at the time for GS–13. “(2) A person to whom this subsection applies who (A) was employed by, or served as a consultant or otherwise to, a defense contractor at any time during a fiscal year at an annual pay rate of at least $15,000 and the contractor was awarded contracts by the Department during that fiscal year that total at least $10,000,000, and (B) within the 3-year period before the beginning of that fiscal year served on active duty or performed civilian service for the Department, shall file a report with the Secretary of Defense (before February 16 of the next succeeding fiscal year) in the way prescribed by the Secretary. “(3) The report shall contain the following information: “(A) The name and address of the person reporting. “(B) The name and address of the defense contractor that employed the person or for whom the person served as a consultant or otherwise. “(C) The title of the position of the person when serving the defense contractor. “(D) A brief description of the duties and work performed by the person for the defense contractor. “(E) The military grade of the person while on active duty or the gross pay rate while performing civilian service for the Department. “(F) A brief description of the duties and the work performed by the person while on active duty or performing civilian service for the Department during the 3-year period before that duty or service ended. “(G) The date the active duty or civilian service by the person for the Department ended and the date the service with the defense contractor began and, if applicable, ended. “(H) Other pertinent information the Secretary requires. “(c) (1) A person who (A) holds civilian office or employment (including employment as a consultant or part-time employee) in the Department at any time during a fiscal year at a pay rate at least equal to the minimum rate for GS–13, and (B) within the 3-year period before the effective date of employment with the Department was employed by, or served as a consultant or otherwise to, a defense contractor at any time during a fiscal year at an annual pay rate of at least $15,000 and the contractor was awarded contracts by the Department during that fiscal year that total at least $10,000,000, shall file a report with the Secretary in the way and at the time prescribed by the Secretary. “(2) The report shall contain the following information: “(A) The name and address of the person reporting. “(B) The title of the position of the person with the Department. “(C) A brief description of the duties with the Department. “(D) The name and address of the defense contractor that employed the person or for whom the person served as a consultant or otherwise. “(E) The title of the position of the person when serving the defense contractor. “(F) A brief description of the duties and the work performed by the person for the defense contractor. “(G) The date the service of the person with the defense contractor ended and the date the service with the Department began. “(H) Other pertinent information the Secretary requires. “(d) The Secretary shall maintain a file containing the information Files, inspection. filed under this section. The file may be inspected by members of the public at any time during regular work hours. “(e) Before April 1 of each year, the Secretary shall report to Report to Congress. Congress the names of persons who have filed reports for the preceding fiscal year under this section. The names shall be listed, by groups, under the names of the appropriate defense contractors. The Secretary may include for each name appropriate additional information. “(f) A person not complying with the filing requirements of this Penalty. section shall be fined not more than $1,000, or imprisoned not more than 6 months, or both. “§ 2398. Procurement of gasohol as motor vehicle fuel “To the maximum extent feasible and consistent with overall defense needs and vehicle management practices prescribed by the Secretary of Defense, the Secretary shall make contracts, by competitive bid and subject to appropriations, to purchase domestically produced alcohol or alcohol-gasoline blends containing at least 10 percent domestically produced alcohol for use in motor vehicles owned or operated by the Department of Defense. “§ 2399. Limitation on availability of appropriations to reimburse a contractor for the cost of commercial insurance “None of the funds appropriated to the Department of Defense is available for obligation to reimburse a contractor for the cost of commercial insurance that protects against the costs of the contractor for correction of the contractor’s own defects in materials or workmanship. “§ 2400. Limitation on procurement of buses “Funds appropriated for use by the armed forces are available to acquire a multipassenger motor vehicle (bus) only if the vehicle is manufactured in the United States. However, the Secretary of Defense may prescribe regulations authorizing the acquisition of a multipassenger motor vehicle (bus) not manufactured in the United States, but only to ensure that compliance with this section will not result in an uneconomical procurement action or adversely affect the national interest.”.

2. 1991

   National Defense Authorization Act for Fiscal Years 1992 and 1993

   Pub. L. 102–190 div. A title VIII § 841(a) · 105 Stat. 1290

   1. Amended · 10 U.S.C. § 2922c

      Pub. L. 102–190 designated existing provisions as subsec. (a)

   2. Inserted · 10 U.S.C. § 2922c

      Pub. L. 102–190 inserted heading

   3. Added · 10 U.S.C. § 2922c

      Pub. L. 102–190 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Pub. L. 102–190 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).

   Enacted provision · exact public law section
   (a) Requirement.— Section 2398 of title 10, United States Code, is amended— (1) by inserting “(a) DOD Motor Vehicles.—” before “To the maximum extent”; and (2) by adding at the end the following subsections: “(b) 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. “(c) Solicitations.—Whenever the Secretary issues a solicitation for bids to procure unleaded gasoline under subsection (b), the Secretary shall expressly include in such solicitation a request for bids on alcohol-gasoline blends containing at least 10 percent domestically produced alcohol.”.

   Effective date note
   Pub. L. 102–190, div. A, title VIII, § 841(b), Dec. 5, 1991, 105 Stat. 1448, provided that: “Section 2398(b) [now 2922c(a)] of title 10, United States Code, as added by subsection (a), shall apply with respect to contracts awarded pursuant to solicitations issued after the expiration of the 180-day period beginning on the date of the enactment of this Act [Dec. 5, 1991].”

3. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1061(h)(1) · 110 Stat. 186

   1. Redesignated · 10 U.S.C. § 2922c(a)

      Pub. L. 104–106, § 1061(h)(1), (2)(A), redesignated subsec. (b) as (a)

   2. Struck · 10 U.S.C. § 2922c(a)

      Pub. L. 104–106, § 1061(h)(1), (2)(A), struck out former subsec. (a) which read as follows: “DOD Motor Vehicles.—To the maximum extent feasible and consistent with overall defense needs and vehicle management practices prescribed by the Secretary of Defense, the Secretary shall make contracts, by competitive bid and subject to appropriations, to purchase domestically produced alcohol or alcohol-gasoline blends containing at least 10 percent domestically produced alcohol for use in motor vehicles owned or operated by the Department of Defense.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–106, § 1061(h)(1), (2)(A), redesignated subsec. (b) as (a) and struck out former subsec. (a) which read as follows: “DOD Motor Vehicles.—To the maximum extent feasible and consistent with overall defense needs and vehicle management practices prescribed by the Secretary of Defense, the Secretary shall make contracts, by competitive bid and subject to appropriations, to purchase domestically produced alcohol or alcohol-gasoline blends containing at least 10 percent domestically produced alcohol for use in motor vehicles owned or operated by the Department of Defense.”

   Enacted provision · exact public law section
   (1) Subsection (a) of section 2398 of such title is repealed.

4. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1061(h)(2) · 110 Stat. 186

   1. Redesignated · 10 U.S.C. § 2922c(b)

      Pub. L. 104–106, § 1061(h)(2), redesignated subsec. (c) as (b)

   2. Redesignated · 10 U.S.C. § 2922c(b)

      Pub. L. 104–106, § 1061(h)(2), substituted “subsection (a)” for “subsection (b)”. Former subsec. (b) redesignated (a)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–106, § 1061(h)(2), redesignated subsec. (c) as (b) and substituted “subsection (a)” for “subsection (b)”. Former subsec. (b) redesignated (a).

   Enacted provision · exact public law section
   (2) Such section is further amended— (A) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively; and (B) in subsection (b), as so redesignated, by striking out “subsection (b)” and inserting in lieu thereof “subsection (a)”,

5. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1061(h)(2)(A) · 110 Stat. 186

   Redesignated · 10 U.S.C. § 2922c(c)

   Pub. L. 104–106, § 1061(h)(2)(A), redesignated subsec. (c) as (b)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–106, § 1061(h)(2)(A), redesignated subsec. (c) as (b).

   Enacted provision · exact public law section
   (A) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively; and

6. 2006

   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. § 2922c

   Pub. L. 109–364 renumbered section 2398 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 109–364 renumbered section 2398 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.

10 of 10 references resolved to an enrolled provision