10-U.S.C.-2922E
§2922E – Acquisition of Certain Fuel Sources: Authority to Waive Contract Procedures; Acquisition By Exchange; Sales Authority
Pathway
Title 10 > Subtitle A > Part IV > Chapter 173 > Subchapter II > Section 2922e
Details
- Reference: Section 2922e
- Legend: §2922E – Acquisition of Certain Fuel Sources: Authority to Waive Contract Procedures; Acquisition By Exchange; Sales Authority
- USCode Year: 2013
Provision Content
(a) Waiver Authority.—The Secretary of Defense may, for any purchase of a defined fuel source, waive the application of any provision of law prescribing procedures to be followed in the formation of contracts, prescribing terms and conditions to be included in contracts, or regulating the performance of contracts if the Secretary determines—
(1) that market conditions for the defined fuel source have adversely affected (or will in the near future adversely affect) the acquisition of that defined fuel source by the Department of Defense; and
(2) the waiver will expedite or facilitate the acquisition of that defined fuel source for Government needs.
(b) Scope of Waiver.—A waiver under subsection (a) may be made with respect to a particular contract or with respect to classes of contracts. Such a waiver that is applicable to a contract for the purchase of a defined fuel source may also be made applicable to a subcontract under that contract.
(c) Exchange Authority.—The Secretary of Defense may acquire a defined fuel source or services related to a defined fuel source by exchange of a defined fuel source or services related to a defined fuel source.
(d) Authority To Sell.—The Secretary of Defense may sell a defined fuel source of the Department of Defense if the Secretary determines that the sale would be in the public interest. The proceeds of such a sale shall be credited to appropriations of the Department of Defense for the acquisition of a defined fuel source or services related to a defined fuel source. Amounts so credited shall be available for obligation for the same period as the appropriations to which the amounts are credited.
(Added Pub. L. 98–525, title XII, §1234(a), Oct. 19, 1984, 98 Stat. 2604, §2404; amended Pub. L. 100–26, §7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101–510, div. A, title XIII, §1322(a)(8), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 103–160, div. A, title VIII, §826, Nov. 30, 1993, 107 Stat. 1711; Pub. L. 106–65, div. A, title VIII, §803(a), (b)(1), Oct. 5, 1999, 113 Stat. 703; renumbered §2922e, Pub. L. 109–364, div. B, title XXVIII, §2851(b)(2), Oct. 17, 2006, 120 Stat. 2494; Pub. L. 112–81, div. B, title XXVIII, §2821(b)(2), Dec. 31, 2011, 125 Stat. 1691.)
Amendments
2011—Subsecs. (e), (f). Pub. L. 112–81 struck out subsecs. (e) and (f), which, respectively, defined petroleum and defined fuel source.
2006—Pub. L. 109–364 renumbered section 2404 of this title as this section.
1999—Pub. L. 106–65, §803(b)(1), substituted Acquisition of certain fuel sources for Acquisition of petroleum and natural gas in section catchline.
Subsec. (a). Pub. L. 106–65, §803(a)(1), substituted a defined fuel source for petroleum or natural gas in introductory provisions, market conditions for the defined fuel source for petroleum market conditions or natural gas market conditions, as the case may be, and acquisition of that defined fuel source for acquisition of petroleum or acquisition of natural gas, respectively, in par. (1), and that defined fuel source for petroleum or natural gas, as the case may be, in par. (2).
Subsec. (b). Pub. L. 106–65, §803(a)(2), substituted a defined fuel source for petroleum or natural gas in second sentence.
Subsec. (c). Pub. L. 106–65, §803(a)(3), which directed the substitution of a defined fuel source or services related to a defined fuel source by exchange of a defined fuel source or services related to a defined fuel source. for ’petroleum’ and all that follows through the period, was executed by substituting the material for petroleum, petroleum-related services, natural gas, or natural gas-related services by exchange of petroleum, petroleum-related services, natural gas, or natural gas-related services. to reflect the probable intent of Congress.
Subsec. (d). Pub. L. 106–65, §803(a)(4), substituted a defined fuel source for petroleum or natural gas in first sentence and a defined fuel source or services related to a defined fuel source. for petroleum, petroleum-related services, natural gas, or natural gas-related services. in second sentence.
Subsec. (f). Pub. L. 106–65, §803(a)(5), added subsec. (f).
1993—Pub. L. 103–160, §826(d)(2), substituted petroleum and natural gas: authority to waive contract procedures; acquisition by exchange; sales authority for petroleum: authority to waive contract procedures as section catchline.
Subsec. (a). Pub. L. 103–160, §826(a)(1), (d)(1)(A), inserted heading, inserted or natural gas after petroleum in introductory provisions, inserted or natural gas market conditions, as the case may be, after petroleum market conditions and or acquisition of natural gas, respectively, after acquisition of petroleum in par. (1), and inserted or natural gas, as the case may be, after petroleum in par. (2).
Subsec. (b). Pub. L. 103–160, §826(a)(2), (d)(1)(B), inserted heading and inserted or natural gas after petroleum in second sentence.
Subsec. (c). Pub. L. 103–160, §826(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: The Secretary of Defense may acquire petroleum by exchange of petroleum or petroleum derivatives.
Subsec. (d). Pub. L. 103–160, §826(c)(2), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 103–160, §826(c)(1), (d)(1)(C), redesignated subsec. (d) as (e) and inserted heading.
1990—Subsecs. (d), (e). Pub. L. 101–510 redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: The Secretary of Defense shall notify the Congress within 10 days of the date on which any waiver is made under this section and of the reasons for the necessity of exercising such waiver.
1987—Subsec. (e). Pub. L. 100–26 inserted the term after In this section,.
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