---
kind: "section"
citation: "22 U.S.C. § 2679d"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "2679d"
heading: "Exemption from certain procurement protest procedures for noncompetitive contracting in emergency circumstances"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/2679d"
units:
  - "Chapter 38 — Department of State"
---

# §2679d. 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](/usc/41/3304.md) in order to meet emergency security requirements, as determined by the [Secretary](/usc/22/277d–43.md?p=5) or the [Secretary](/usc/22/277d–43.md?p=5)’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](/usc/31/chstIII/ch35.md) of title 31 or [section 1491 of title 28](/usc/28/1491.md).


## Source credit

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

## Notes

### 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.