§2922c — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense must buy gasoline mixed with at least 10 percent U.S.-produced alcohol for cars and trucks of other federal agencies, when that blended fuel costs the same as or less than regular unleaded gasoline taxed under section 4081 of the Internal Revenue Code of 1986. This must follow vehicle management rules set by agency heads and Executive Order 12261. When asking for bids to buy such unleaded gasoline, the Secretary must also ask bidders to offer blends with at least 10 percent U.S.-produced alcohol.

Title 10, §2922c

Armed Forces — Source: USLM XML via OLRC

(a)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 239810:2388 (note).Nov. 9, 1979, Pub. L. 96–107, § 815, 93 Stat. 817. 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.

Editorial Notes

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

2006—Pub. L. 109–364 renumbered section 2398 of this title as this section. 1996—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.” 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). Subsec. (c). Pub. L. 104–106, § 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).

Statutory Notes and Related Subsidiaries

Effective Date

of 1991 Amendment 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].”

§2922c Procurement of gasohol as motor vehicle fuel