10 U.S.C. § 2922 — Liquid fuels and natural gas: contracts for

Page 2354 TITLE 10—ARMED FORCES § 2922 ‘‘(i) if used, considerations of various blending ratios and the associated benefits thereof; ‘‘(ii) efficiency and distance improvements of flights using sustainable aviation fuel; ‘‘(iii) weight savings on large transportation aircraft and other types of aircraft by using blended fuel with higher concentrations of sus- tainable aviation fuel; ‘‘(iv) maintenance benefits of using sustainable aviation fuel, including with respect to engine longevity; ‘‘(v) the effect of the use of sustainable aviation fuel on emissions and air quality; ‘‘(vi) the effect of the use of sustainable avia- tion fuel on the environment and on surrounding communities, including environmental justice factors that are created by the demand for and use of sustainable aviation fuel by the Depart- ment of Defense; and ‘‘(vii) benefits with respect to job creation in the sustainable aviation fuel production and sup- ply chain. ‘‘(g) DEFINITIONS.—In this section: ‘‘(1) The term ‘appropriate congressional commit- tees’ means the following: ‘‘(A) The Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives. ‘‘(B) The Committee on Armed Services and the Committee on Commerce, Science, and Transpor- tation of the Senate. ‘‘(2) The term ‘sustainable aviation fuel’ has the meaning given such term in section 40007(e) of the Act titled ‘An Act to provide for reconciliation pursu- ant to title II of S. Con. Res. 14’ (Public Law 117–169) [49 U.S.C. 44504 note].’’ PILOT PROGRAM ON ALTERNATIVE FUEL VEHICLE PURCHASING Pub. L. 116–283, div. A, title III, § 321, Jan. 1, 2021, 134 Stat. 3521, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense, in co- ordination with the Secretary of Energy and the Ad- ministrator of the General Services Administration, shall carry out a pilot program under which the Sec- retary of Defense may, notwithstanding section 400AA of the Energy Policy and Conservation Act (42 U.S.C. 6374), purchase new alternative fuel vehicles for which the initial cost of such vehicles exceeds the initial cost of a comparable gasoline or diesel fueled vehicle by not more than 10 percent. ‘‘(b) LOCATIONS.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall carry out the pilot program under subsection (a) at not fewer than 2 facilities or installations of each military department in the continental United States that— ‘‘(A) have the largest total number of attached noncombat vehicles as compared to other facilities or installations of the Department of Defense; and ‘‘(B) are located within 20 miles of public or pri- vate refueling or recharging stations. ‘‘(2) AIR FORCE LOGISTICS CENTER.—One of the facili- ties or installations selected under paragraph (1) shall be an Air Force Logistics Center. ‘‘(c) ALTERNATIVE FUEL VEHICLE DEFINED.—In this section, the term ‘alternative fuel vehicle’ includes a vehicle that uses— ‘‘(1) a fuel or power source described in the first sentence of section 241(2)of the Clean Air Act (42 U.S.C. 7581(2)); or ‘‘(2) propane.’’ § 2922. Liquid fuels and natural gas: contracts for storage, handling, or distribution (a) AUTHORITY TO CONTRACT.—The Secretary of Defense and the Secretary of a military de- partment may each contract for storage facili- ties for, or the storage, handling, or distribution of, liquid fuels or natural gas. (b) PERIOD OF CONTRACT.—The period of a con- tract entered into under subsection (a) may not exceed 5 years. However, the contract may pro- vide options for the Secretary to renew the con- tract for additional periods of not more than 5 years each, but not for more than a total of 30 years. (c) 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 ter- mination of the contract, without regard to sub- sections (a) and (b) of section 3324 of title 31, and before approval of title to the underlying land by the Attorney General. (Added Pub. L. 85–861, § 1(46), Sept. 2, 1958, 72 Stat. 1457, § 2388; amended Pub. L. 97–214, § 10(a)(3), July 12, 1982, 96 Stat. 175; Pub. L. 97–258, § 3(b)(6), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 97–295, § 1(27), Oct. 12, 1982, 96 Stat. 1291; Pub. L. 98–525, title XIV, § 1405(56)(A), Oct. 19, 1984, 98 Stat. 2626; Pub. L. 101–510, div. A, title XIII, § 1322(a)(6), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 103–160, div. A, title VIII, § 825, Nov. 30, 1993, 107 Stat. 1711; Pub. L. 103–355, title III, § 3064, Oct. 13, 1994, 108 Stat. 3337; renumbered § 2922, Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), Oct. 17, 2006, 120 Stat. 2494; Pub. L. 115–91, div. A, title VIII, § 881(a), Dec. 12, 2017, 131 Stat. 1504.) 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 sen- tences 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 ‘‘cri- teria’’. In subsection (c), the words ‘‘A contract under this section’’ are substituted for the words ‘‘Such con- tracts’’. 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 au- thority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted title 31. Editorial Notes AMENDMENTS 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 stor- age, handling, and distribution’’ as section catchline. Subsecs. (a), (b). Pub. L. 103–160, § 825(a)(1), added sub- secs. (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 Page 2355 TITLE 10—ARMED FORCES § 2922a 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 con- form to standards prescribed by the Secretary of De- fense 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 head- ing. 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 ‘‘sub- sections (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 am- biguity 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), 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.’’ EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family hous- ing authorized before, on, or after such date, see sec- tion 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title. IMPLEMENTATION OF INSPECTOR GENERAL RECOMMENDA- TIONS RELATING TO OVERSIGHT OF DEFENSE FUEL SUPPORT POINTS Pub. L. 118–159, div. A, title III, § 320, Dec. 23, 2024, 138 Stat. 1853, provided that: ‘‘With respect to each rec- ommendation of the Inspector General of the Depart- ment of Defense contained in the report published by the Inspector General on April 11, 2024, and titled ‘Audit of the Defense Logistics Agency Oversight of De- fense Fuel Support Points’ (DODIG–2024–075), by not later than May 1, 2026, 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 re- port 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, Jan. 1, 2021, 134 Stat. 4355, as amended by Pub. L. 117–81, div. A, title III, § 352(d), Dec. 27, 2021, 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 Re- sponsibility designed to develop the required bulk fuel management infrastructure and programs to op- timally support bulk fuel management in the United States Indo-Pacific Command Area of Responsibility. ‘‘(2) ADDITIONAL ELEMENTS.—The strategy shall in- clude the following additional elements: ‘‘(A) A description of current organizational re- sponsibility of bulk fuel management in the United States Indo-Pacific Command Area of Responsi- bility from ordering, storage, strategic transpor- tation, and tactical transportation to the last tac- tical mile. ‘‘(B) A description of legacy bulk fuel manage- ment assets that can be used to support the United States Indo-Pacific Command. ‘‘(C) A description of current programs for plat- forms and weapon systems and research and devel- opment 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 Agen- cy, and the military departments.’’ NOTICE OF PURCHASE OF DROP-IN FUEL Pub. L. 113–291, div. A, title III, § 316(c), (d), Dec. 19, 2014, 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 pur- chase to the congressional defense committees [Com- mittees 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 replace- ment for a traditional fuel with comparable perform- ance characteristics and compatible with existing in- frastructure and equipment. ‘‘(2) The term ‘traditional fuel’ means a liquid hy- drocarbon 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, devel- opment, testing, evaluation, fuel certification, or other demonstrations. ‘‘(4) The term ‘fully burdened cost’ means the com- modity price of the fuel plus the total cost of all per- sonnel and assets required to move and, when nec- essary, 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, Nov. 9, 1979, 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), Oct. 12, 1982, 96 Stat. 1293, 1315. § 2922a. 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—