10 U.S.C. § 2922e | Acquisition of certain fuel sources: authority to waive contract procedures; acquisition by exchange; sales authority

(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.

Pub. L. 98–525, title XII, § 1234(a)Oct. 19, 198498 Stat. 2604 Pub. L. 100–26, § 7(k)(3)Apr. 21, 1987101 Stat. 284 Pub. L. 101–510, div. A, title XIII, § 1322(a)(8)Nov. 5, 1990104 Stat. 1671 Pub. L. 103–160, div. A, title VIII, § 826Nov. 30, 1993107 Stat. 1711 Pub. L. 106–65, div. A, title VIII, § 803(a)Oct. 5, 1999113 Stat. 703 Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2)Oct. 17, 2006120 Stat. 2494 Pub. L. 112–81, div. B, title XXVIII, § 2821(b)(2)Dec. 31, 2011125 Stat. 1691 (Added , , , § 2404; amended , , ; , , ; , , ; , (b)(1), , ; renumbered § 2922e, , , ; , , .)

Editorial Notes

Amendments

Pub. L. 112–812011—Subsecs. (e), (f). struck out subsecs. (e) and (f), which, respectively, defined “petroleum” and “defined fuel source”.

Pub. L. 109–364 section 2404 of this title2006— renumbered as this section.

Pub. L. 106–65, § 803(b)(1)1999—, substituted “Acquisition of certain fuel sources” for “Acquisition of petroleum and natural gas” in section catchline.

Pub. L. 106–65, § 803(a)(1)Subsec. (a). , 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).

Pub. L. 106–65, § 803(a)(2)Subsec. (b). , substituted “a defined fuel source” for “petroleum or natural gas” in second sentence.

Pub. L. 106–65, § 803(a)(3)Subsec. (c). , 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.

Pub. L. 106–65, § 803(a)(4)Subsec. (d). , 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.

Pub. L. 106–65, § 803(a)(5)Subsec. (f). , added subsec. (f).

Pub. L. 103–160, § 826(d)(2)1993—, 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.

Pub. L. 103–160, § 826(a)(1)Subsec. (a). , (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).

Pub. L. 103–160, § 826(a)(2)Subsec. (b). , (d)(1)(B), inserted heading and inserted “or natural gas” after “petroleum” in second sentence.

Pub. L. 103–160, § 826(b)Subsec. (c). , 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.”

Pub. L. 103–160, § 826(c)(2)Subsec. (d). , added subsec. (d). Former subsec. (d) redesignated (e).

Pub. L. 103–160, § 826(c)(1)Subsec. (e). , (d)(1)(C), redesignated subsec. (d) as (e) and inserted heading.

Pub. L. 101–5101990—Subsecs. (d), (e). 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.”

Pub. L. 100–261987—Subsec. (e). inserted “the term” after “In this section,”.