{
  "id": "USC-40",
  "category": "Fuel acquisition flexibility",
  "capability": "Exchange or sell defined fuels and conditionally waive fuel-contract procedures",
  "summary": "Acquire defined fuels or related services by exchange, sell DoD defined fuels on a public-interest determination, and waive specified contracting rules when adverse market conditions and expeditious acquisition findings justify it.",
  "legal_basis": [
    {
      "citation": "10 U.S.C. §2922e",
      "url": "https://www.govinfo.gov/content/pkg/USCODE-2024-title10/html/USCODE-2024-title10-subtitleA-partIV-chap173.htm",
      "kind": "statute",
      "note": "Official 2024 U.S. Code baseline; see currentness for subsequent amendments and access limits."
    },
    {
      "citation": "10 U.S.C. §2924",
      "url": "https://www.govinfo.gov/content/pkg/USCODE-2024-title10/html/USCODE-2024-title10-subtitleA-partIV-chap173.htm",
      "kind": "statute",
      "note": "Official 2024 U.S. Code baseline; see currentness for subsequent amendments and access limits."
    }
  ],
  "authority_holder": "Secretary of Defense",
  "actor_chain": {
    "planner": [
      "Relevant statutory program or requirement sponsor; organizational routing to be confirmed"
    ],
    "resource_owner": [
      "Responsible component resource owner and comptroller; available funding not verified"
    ],
    "approver": [
      "Secretary of Defense; any delegation must be verified"
    ],
    "executor": [
      "Authorized contracting, grants, agreements, property, or finance office; implementation not verified"
    ],
    "partners": [
      "Affected participants and legal/fiscal counsel"
    ]
  },
  "actor_sources": [
    {
      "title": "10 U.S.C. §2922e: statutory holder and conditions",
      "url": "https://www.govinfo.gov/content/pkg/USCODE-2024-title10/html/USCODE-2024-title10-subtitleA-partIV-chap173.htm"
    },
    {
      "title": "10 U.S.C. §2924: statutory holder and conditions",
      "url": "https://www.govinfo.gov/content/pkg/USCODE-2024-title10/html/USCODE-2024-title10-subtitleA-partIV-chap173.htm"
    }
  ],
  "requirements": [
    "Use the defined fuel-source scope in §2924.",
    "For waivers, find adverse or near-term adverse acquisition market conditions and that the waiver expedites or facilitates government acquisition."
  ],
  "limits": [
    "Waiver power concerns prescribed contracting formation, terms, and performance requirements, not a general waiver of every law.",
    "Fuel sale receipts retain the availability period of the fuel-acquisition appropriation to which credited."
  ],
  "funding": [
    "Authorized sale proceeds may be credited to DoD appropriations for defined fuels or related services."
  ],
  "coordination_path": "Requirement sponsor → statutory holder and responsible resource owner → legal and fiscal review → authorized executing office. Routing is illustrative; current program intake and individual delegations are unverified.",
  "availability": "Statutory pathway identified; current implementation, intake, funding availability, and executing delegation unverified.",
  "confidence": "High on cited statutory text; no claim of verified current implementation.",
  "currentness": "Statutory scrub 2026-10-05: official GovInfo 2024 Code text and relevant provisions of Pub. L. 119-60/119-21 inspected. Direct OLRC current-text retrieval was unavailable under maintenance. This establishes the described statutory baseline and expressly identified amendments, not an exhaustive post-2024 session-law certification. Current implementation, open intake, available balances, and individual delegations were not verified.",
  "family": "Energy, environment and communities",
  "supplement": "usc-review-2026-10-05",
  "last_reviewed": "2026-10-05",
  "implementation_caution": "Statutory-source review only. A current implementing program, open intake, available funds and individual delegation were not verified.",
  "usc_review_notes": [
    "Added in the October 5 statutory coverage review. The cited legal mechanism and its conditions were examined; a current implementing program, intake, funding balance and individual delegation were not verified."
  ],
  "mechanisms": [
    "Contracts & purchases",
    "Cooperation & exchanges"
  ],
  "goal_ids": [
    "facilities-energy"
  ],
  "office_links": [
    {
      "office_id": "secretary-deputy-secretary",
      "role": "approver",
      "label": "Secretary of Defense; any delegation must be verified"
    },
    {
      "office_id": "counsel-award-officials",
      "role": "partners",
      "label": "Affected participants and legal/fiscal counsel"
    }
  ],
  "family_slug": "energy-environment-and-communities",
  "instrument_groups": [
    "Contracts & purchases",
    "Other statutory tools"
  ],
  "executor_route": {
    "id": "execution-usc-40",
    "name": "Authorized contracting, grants, agreements, property, or finance office; implementation not verified",
    "label": "Authorized contracting, grants, agreements, property, or finance office; implementation not verified",
    "url": "/offices/execution/usc-40/",
    "basis": "Recorded executing role; this record-specific route is not an additional institutional office."
  },
  "program_context": [],
  "program_research": null,
  "checks": [
    {
      "key": "legal",
      "label": "Legal basis",
      "state": "Sources linked",
      "detail": "Legal sources and instrument limits are recorded."
    },
    {
      "key": "eligibility",
      "label": "Requirements",
      "state": "Gates recorded",
      "detail": "Read the requirements for this instrument; applicability depends on the proposed action."
    },
    {
      "key": "funds",
      "label": "Public funding",
      "state": "Rules recorded",
      "detail": "Authorized sale proceeds may be credited to DoD appropriations for defined fuels or related services. Office budget figures are separate institutional context, not an allocation to this instrument.",
      "url": "/capabilities/usc-40/#funding"
    },
    {
      "key": "delegation",
      "label": "Assigned roles",
      "state": "Roles recorded",
      "detail": "Public sources describe institutional authority. The instrument identifies approval and execution roles; a specific signature remains transaction-dependent.",
      "url": "/capabilities/usc-40/#roles"
    },
    {
      "key": "execution",
      "label": "Engagement",
      "state": "Program unverified",
      "detail": "Added in the October 5 statutory review; no current implementing program, intake or individual delegation verified.",
      "url": "/sources/usc/"
    }
  ],
  "hard_limit": "Waiver power concerns prescribed contracting formation, terms, and performance requirements, not a general waiver of every law."
}