
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2394]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
            CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS
 
Sec. 2394. 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--
        (1) under section 2689 of this title; and
        (2) for the provision and operation of energy production 
    facilities on real property under the Secretary's jurisdiction or on 
    private property and the purchase of energy produced from such 
    facilities.

    (b) A contract may be made under subsection (a) only after the 
approval of the proposed contract by the Secretary of Defense.
    (c) The costs of contracts under this section for any year may be 
paid from annual appropriations for that year.

(Added Pub. L. 97-214, Sec. 6(a)(1), July 12, 1982, 96 Stat. 171; 
amended Pub. L. 97-321, title VIII, Sec. 805(b)(3), Oct. 15, 1982, 96 
Stat. 1573; Pub. L. 100-26, Sec. 7(k)(2), Apr. 21, 1987, 101 Stat. 284; 
Pub. L. 101-510, div. A, title XIII, Sec. 1301(12), Nov. 5, 1990, 104 
Stat. 1668.)

                          Codification

    Another section 2394 was renumbered section 2395 of this title.


                               Amendments

    1990--Subsec. (b). Pub. L. 101-510 substituted ``only after the 
approval of the proposed contract by the Secretary of Defense'' for 
``only--
        ``(1) after the approval of the proposed contract by the 
    Secretary of Defense; and
        ``(2) after the Committees on Armed Services and on 
    Appropriations of the Senate and House of Representatives have been 
    notified of the terms of the proposed contract, including the dollar 
    amount of the contract and the amount of energy or fuel to be 
    delivered to the Government under the contract''.
    1987--Subsec. (c). Pub. L. 100-26, which directed that ``The term'' 
be inserted in each paragraph after the paragraph designation and the 
first word after the first quotation marks in each paragraph be revised 
so that the initial letter of such word is lowercase, could not be 
executed because subsec. (c) contained no paragraphs and no quoted 
words. The probable intent of Congress was to amend section 2393(c) of 
this title.
    1982--Subsec. (a). Pub. L. 97-321, Sec. 805(b)(3)(A), substituted 
``subsection (b)'' for ``subsection (c)''.
    Subsecs. (c), (d). Pub. L. 97-321, Sec. 805(b)(3)(B), redesignated 
subsec. (d) as (c).


                             Effective Date

    Section 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 a note under section 2801 of this 
title.
