
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2388]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
            CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS
 
Sec. 2388. 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 department may each contract for storage 
facilities for, or the storage, handling, or distribution of, liquid 
fuels or 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.
    (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 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.

(Added Pub. L. 85-861, Sec. 1(46), Sept. 2, 1958, 72 Stat. 1457; amended 
Pub. L. 97-214, Sec. 10(a)(3), July 12, 1982, 96 Stat. 175; Pub. L. 97-
258, Sec. 3(b)(6), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 97-295, 
Sec. 1(27), Oct. 12, 1982, 96 Stat. 1291; Pub. L. 98-525, title XIV, 
Sec. 1405(56)(A), Oct. 19, 1984, 98 Stat. 2626; Pub. L. 101-510, div. A, 
title XIII, Sec. 1322(a)(6), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 103-
160, div. A, title VIII, Sec. 825, Nov. 30, 1993, 107 Stat. 1711; Pub. 
L. 103-355, title III, Sec. 3064, Oct. 13, 1994, 108 Stat. 3337.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2388(a)...............................  50:98i (1st sentence).               Au
g. 3, 1956, ch. 939, Sec.  416,
2388(b)...............................  50:98i (2d sentence).                 7
0 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, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first 
section of which enacted title 31.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-355 substituted ``liquid fuels or 
natural gas'' for ``liquid fuels and natural gas''.
    1993--Pub. L. 103-160, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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,''.


                    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 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.


             Purchases of Gasohol as Fuel for Motor Vehicles

    Pub. L. 96-107, title VIII, Sec. 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 of this title 
by Pub. L. 97-295, Secs. 1(29)(A), 6(b), Oct. 12, 1982, 96 Stat. 1293, 
1315.
