
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: 10USC2398]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
            CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS
 
Sec. 2398. Procurement of gasohol as motor vehicle fuel

    (a) 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.
    (b) Solicitations.--Whenever the Secretary issues a solicitation for 
bids to procure unleaded gasoline under subsection (a), the Secretary 
shall expressly include in such solicitation a request for bids on 
alcohol-gasoline blends containing at least 10 percent domestically 
produced alcohol.

(Added Pub. L. 97-295, Sec. 1(29)(A), Oct. 12, 1982, 96 Stat. 1293; 
amended Pub. L. 102-190, div. A, title VIII, Sec. 841(a), Dec. 5, 1991, 
105 Stat. 1448; Pub. L. 104-106, div. A, title X, Sec. 1061(h), Feb. 10, 
1996, 110 Stat. 443.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
2398..................................  10:2388 (note).                      No
v. 9, 1979, Pub. L. 96-107, Sec.
                                                                              8
15, 93 Stat. 817.
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---------------------------------

    The word ``prescribed'' is substituted for ``determined'' because it 
is more appropriate. The word ``Secretary'' is substituted for 
``Department of Defense'' because the responsibility is in the head of 
the agency. The word ``shall'' is substituted for ``is authorized and 
directed'' for clarity.

                       References in Text

    Executive Order Number 12661, referred to in subsec. (a), is set out 
under section 8871 of Title 42, The Public Health and Welfare.
    Section 4081 of the Internal Revenue Code of 1986, referred to in 
subsec. (a), is classified to section 4081 of Title 26, Internal Revenue 
Code.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-106, Sec. 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.''
    Subsec. (b). Pub. L. 104-106, Sec. 1061(h)(2), redesignated subsec. 
(c) as (b) and substituted ``subsection (a)'' for ``subsection (b)''. 
Former subsec. (b) redesignated (a).
    Subsec. (c). Pub. L. 104-106, Sec. 1061(h)(2)(A), redesignated 
subsec. (c) as (b).
    1991--Pub. L. 102-190 designated existing provisions as subsec. (a), 
inserted heading, and added subsecs. (b) and (c).


                    Effective Date of 1991 Amendment

    Section 841(b) of Pub. L. 102-190 provided that: ``Section 2398(b) 
[now 2398(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].''


    Report on Exemptions and Sense of Congress Regarding Purchase of 
                            Domestic Gasohol

    For requirement that Secretary of Defense review all exemptions 
granted for Department of Defense to requirements of this section, 
terminate any exemption determined to be no longer appropriate, and 
submit to Congress report on results of review not later than 90 days 
after Dec. 5, 1991, with justification for exemptions that remain in 
effect, and for sense of Congress that Department of Defense vehicles be 
refueled with alcohol-gasoline blend containing at least 10 percent 
domestically produced alcohol if available along normal travel route of 
vehicle at same or lower price than unleaded gasoline, see section 
841(c) and (d) of Pub. L. 102-190, set out as a note under section 8871 
of Title 42, The Public Health and Welfare.
