republic-os/legal/us/code/title-10/chapter-173/section-2922e.md

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type	title	description	jurisdiction	corpus	kind	title_number	title_name	chapter_number	chapter_name	section	citation	status	release_point	release_date	source	source_url	source_identifier	source_file	source_hash	raw_snapshot_hash	text_hash	retrieved_at	confidence	tags
LegalText	10 U.S.C. § 2922e	Acquisition of certain fuel sources: authority to waive contract procedures; acquisition by exchange; sales authority	us	united_states_code	code_section	10	ARMED FORCES	173	ENERGY SECURITY	2922e	10 U.S.C. § 2922e	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip	/us/usc/t10/s2922e	data/legal/raw/us/code/title-10/usc10.xml	3f71b9f8656218cfe0b41e1ee4162a92f6a7e30c7cd75cf1eb69c1fbdc1de69d	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	d15d4b8ee7e8bb28ff3b48afdf51571a811da41779c92aba014de67499fc70bb	2026-07-04	official	legal us-code

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

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(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.)

Notes

Editorial Notes

Amendments2011—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,”.