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Title 22 — Foreign Relations and Intercourse

Chapter 38 — Department of State

§ 2679d. Exemption from certain procurement protest procedures for noncompetitive contracting in emergency circumstances

Statutory text

A determination by the Department to use procedures other than competitive procedures under section 3304 of title 41 in order to meet emergency security requirements, as determined by the Secretary or the Secretary’s designee, including physical security upgrades, protective equipment, and other immediate threat mitigation projects, shall not be subject to challenge by protest under either subchapter V of chapter 35 of title 31 or section 1491 of title 28.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Department of State Authorities Act, Fiscal Year 2017

    Pub. L. 114–323 title I § 115 · 130 Stat. 1905

    Enacted · 22 U.S.C. § 2679d

    (Pub. L. 114–323, title I, § 115, Dec. 16, 2016, 130 Stat. 1911.)

    Source evidence

    Code source credit
    (Pub. L. 114–323, title I, § 115, Dec. 16, 2016, 130 Stat. 1911.)

    Enacted provision · exact public law section
    SEC. 115. EXEMPTION FROM CERTAIN PROCUREMENT PROTEST PROCEDURES FOR NONCOMPETITIVE CONTRACTING IN EMERGENCY CIRCUMSTANCES.   A determination by the Department to use procedures other than competitive procedures under section 3304 of title 41, United States Code, in order to meet emergency security requirements, as determined by the Secretary or the Secretary’s designee, including physical security upgrades, protective equipment, and other immediate threat mitigation projects, shall not be subject to challenge by protest under either subchapter V of chapter 35 of title 31, United States Code, or section 1491 of title 28, United States Code.

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Definitions

For definitions of “Department” and “Secretary” as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.

Credits

(Pub. L. 114–323, title I, § 115, , 130 Stat. 1911.)

Parsed from the official OLRC USLM XML in data/usc_all/usc22.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t22/s2679d