- § 3062. Regulations
- § 3063. Covered agencies
- § 3064. Applicability of chapter 137 legacy provisions
- § 3065. Assignment and delegation of procurement functions and responsibilities: delegation within agency
- § 3066. Assignment and delegation of procurement functions and responsibilities: procurements for or with other agencies
- § 3067. Approval required for military department termination or reduction in participation in joint acquisition programs
- § 3068. Inapplicability of certain laws
- § 3069. Buy-to-budget acquisition: end items
- § 3070. Limitation on acquisition of excess supplies
- § 3072. Comptroller General assessment of acquisition programs and efforts
§ 3062. Regulations
The Secretary of Defense is required by section 2202 of this title to prescribe regulations governing the performance within the Department of Defense of the procurement functions, and related functions, of the Department of Defense.
(Added Pub. L. 116–283, div. A, title XVIII, § 1807(b)(1), Jan. 1, 2021, 134 Stat. 4157; amended Pub. L. 117–81, div. A, title XVII, § 1701(b)(2)(A), (j), Dec. 27, 2021, 135 Stat. 2132, 2143.)
§ 3063. Covered agencies
For purposes of any provision of law referring to this section, the agencies named in this section are the following:
(1) The Department of Defense.
(2) The Department of the Army.
(3) The Department of the Navy.
(4) The Department of the Air Force.
(5) The Coast Guard.
(6) The National Aeronautics and Space Administration.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1807(c)(1), (2), Jan. 1, 2021, 134 Stat. 4157.)
§ 3064. Applicability of chapter 137 legacy provisions
(a)General Applicability.—Any provision of this part that is a chapter 137 legacy provision applies to the procurement by any of the agencies named in section 3063 of this title, for its use or otherwise, of all property (other than land) and all services for which payment is to be made from appropriated funds.
(b)Applicability to Contracts for Installation or Alteration.—The provisions of this part that are chapter 137 legacy provisions that apply to the procurement of property apply also to contracts for its installation or alteration.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1807(c)(1), (3), Jan. 1, 2021, 134 Stat. 4157; Pub. L. 117–81, div. A, title XVII, § 1701(b)(2)(B), Dec. 27, 2021, 135 Stat. 2132.)
§ 3065. Assignment and delegation of procurement functions and responsibilities: delegation within agency
Except to the extent expressly prohibited by another provision of law, the head of an agency may delegate, subject to his direction, to any other officer or official of that agency, any power under any provision of this part that is a chapter 137 legacy provision.
(Aug. 10, 1956, ch. 1041, 70A Stat. 132, § 2311; Pub. L. 85–800, § 11, Aug. 28, 1958, 72 Stat. 967; Pub. L. 87–653, § 1(g), Sept. 10, 1962, 76 Stat. 529; Pub. L. 90–378, § 3, July 5, 1968, 82 Stat. 290; Pub. L. 97–86, title IX, §§ 907(c), 909(f), Dec. 1, 1981, 95 Stat. 1117, 1120; Pub. L. 98–369, div. B, title VII, § 2726, July 18, 1984, 98 Stat. 1194; Pub. L. 98–525, title XII, § 1214, Oct. 19, 1984, 98 Stat. 2592; Pub. L. 98–577, title V, § 505, Oct. 30, 1984, 98 Stat. 3087; Pub. L. 103–355, title I, § 1503(a)(1), Oct. 13, 1994, 108 Stat. 3296; Pub. L. 107–107, div. A, title X, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 116–92, div. A, title IX, § 902(49), Dec. 20, 2019, 133 Stat. 1548; renumbered § 3065 and amended Pub. L. 116–283, div. A, title XVIII, § 1807(d)(1), (2)(A)–(C), (3), Jan. 1, 2021, 134 Stat. 4157, 4158.)
§ 3066. Assignment and delegation of procurement functions and responsibilities: procurements for or with other agencies
Subject to section 3065 of this title, to facilitate the procurement of property and services covered by any provision of this part that is a chapter 137 legacy provision by each agency named in section 3063 of this title for any other agency, and to facilitate joint procurement by those agencies—
(1) the head of an agency may delegate functions and assign responsibilities relating to procurement to any officer or employee within such agency;
(2) the heads of two or more agencies may by agreement delegate procurement functions and assign procurement responsibilities from one agency to another of those agencies or to an officer or civilian employee of another of those agencies; and
(3) the heads of two or more agencies may create joint or combined offices to exercise procurement functions and responsibilities.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1807(d)(2)(A), (D), Jan. 1, 2021, 134 Stat. 4158.)
§ 3067. Approval required for military department termination or reduction in participation in joint acquisition programs
(a)Approval of Terminations and Reductions of Joint Acquisition Programs.—The Secretary of Defense shall prescribe regulations that prohibit each military department participating in a joint acquisition program approved by the Under Secretary of Defense for Acquisition and Sustainment from terminating or substantially reducing its participation in such program without the approval of the Under Secretary.
(b)Required Content of Regulations.—The regulations shall include the following provisions:
(1) A requirement that, before any such termination or substantial reduction in participation is approved, the proposed termination or reduction be reviewed by the Joint Requirements Oversight Council of the Department of Defense.
(2) A provision that authorizes the Under Secretary of Defense for Acquisition and Sustainment to require a military department whose participation in a joint acquisition program has been approved for termination or substantial reduction to continue to provide some or all of the funding necessary for the acquisition program to be continued in an efficient manner.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1807(d)(2)(B), (E), Jan. 1, 2021, 134 Stat. 4158.)
§ 3068. Inapplicability of certain laws
(a)Laws Inapplicable to Agencies Named in Section 3063.—Sections 6101 and 6304 of title 41 do not apply to the procurement or sale of property or services by the agencies named in section 3063 of this title.
(b)Laws Inapplicable to Procurement of Automatic Data Processing Equipment and Services for Certain Defense Purposes.—For purposes of subtitle III of title 40, the term “national security system”, with respect to a telecommunications and information system operated by the Department of Defense, has the meaning given that term by section 3552(b)(6) of title 44.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1807(e)(1)–(3), Jan. 1, 2021, 134 Stat. 4158, 4159; Pub. L. 117–81, div. A, title XVII, § 1701(b)(2)(C), Dec. 27, 2021, 135 Stat. 2132.)
§ 3069. Buy-to-budget acquisition: end items
(a)Authority To Acquire Additional End Items.—Using funds available to the Department of Defense for the acquisition of an end item, the head of an agency making the acquisition may acquire a higher quantity of the end item than the quantity specified for the end item in a law providing for the funding of that acquisition if that head of an agency makes each of the following findings:
(1) The agency has an established requirement for the end item that is expected to remain substantially unchanged throughout the period of the acquisition.
(2) It is possible to acquire the higher quantity of the end item without additional funding because of production efficiencies or other cost reductions.
(3) The amount of the funds used for the acquisition of the higher quantity of the end item will not exceed the amount provided under that law for the acquisition of the end item.
(4) The amount so provided is sufficient to ensure that each unit of the end item acquired within the higher quantity is fully funded as a complete end item.
(b)Regulations.—The Secretary of Defense shall prescribe regulations for the administration of this section. The regulations shall include, at a minimum, the following:
(1) The level of approval within the Department of Defense that is required for a decision to acquire a higher quantity of an end item under subsection (a).
(2) Authority (subject to subsection (a)) to acquire up to 10 percent more than the quantity of an end item approved in a justification and approval of the use of procedures other than competitive procedures for the acquisition of the end item under sections 3201 through 3205 of this title.
(c)Notification of Congress.—
(1) The head of an agency is not required to notify Congress in advance regarding a decision under the authority of this section to acquire a higher quantity of an end item than is specified in a law described in subsection (a), but, except as provided in paragraph (2), shall notify the congressional defense committees of the decision not later than 30 days after the date of the decision.
(2) A notification is not required under paragraph (1) if the end item being acquired in a higher quantity is an end item under a tactical missile program or a munitions program.
(d)Waiver by Other Law.—A provision of law may not be construed as prohibiting the acquisition of a higher quantity of an end item under this section unless that provision of law—
(1) specifically refers to this section; and
(2) specifically states that the acquisition of the higher quantity of the end item is prohibited notwithstanding the authority provided in this section.
(e)Definitions.—
(1) For the purposes of this section, a quantity of an end item shall be considered specified in a law if the quantity is specified either in a provision of that law or in any related representation that is set forth separately in a table, chart, or explanatory text included in a joint explanatory statement or governing committee report accompanying the law.
(2) In this section:
(A) The term “end item” means a production product assembled, completed, and ready for issue or deployment.
(B) The term “head of an agency” means the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force.
(Added Pub. L. 107–314, div. A, title VIII, § 801(a)(1), Dec. 2, 2002, 116 Stat. 2600, § 2308; amended Pub. L. 108–136, div. A, title X, § 1043(b)(11), Nov. 24, 2003, 117 Stat. 1611; Pub. L. 114–328, div. A, title VIII, § 852, Dec. 23, 2016, 130 Stat. 2296; renumbered § 3069 and amended Pub. L. 116–283, div. A, title XVIII, § 1807(f), Jan. 1, 2021, 134 Stat. 4159.)
§ 3070. Limitation on acquisition of excess supplies
(a)Two-Year Supply.—The Secretary of Defense may not incur any obligation against a stock fund of the Department of Defense for the acquisition of any item of supply if that acquisition is likely to result in an on-hand inventory (excluding war reserves) of that item of supply in excess of two years of operating stocks.
(b)Exceptions.—The head of a procuring activity may authorize the acquisition of an item of supply in excess of the limitation contained in subsection (a) if that activity head determines in writing—
(1) that the acquisition is necessary to achieve an economical order quantity and will not result in an on-hand inventory (excluding war reserves) in excess of three years of operating stocks and that the need for the item is unlikely to decline during the period for which the acquisition is made; or
(2) that the acquisition is necessary for purposes of maintaining the industrial base or for other reasons of national security.
(Added Pub. L. 102–190, div. A, title III, § 317(a), Dec. 5, 1991, 105 Stat. 1338, § 2213; renumbered § 3070, Pub. L. 116–283, div. A, title XVIII, § 1807(g)(1), Jan. 1, 2021, 134 Stat. 4159.)
§ 3072. Comptroller General assessment of acquisition programs and efforts
(a)Assessment Required.—The Comptroller General of the United States shall submit to the congressional defense committees an annual assessment of selected acquisition programs and efforts of the Department of Defense by March 30th of each year from 2020 through 2026.
(b)Analyses To Be Included.—The assessment required under subsection (a) shall include—
(1) a macro analysis of how well acquisition programs and efforts are performing and reasons for that performance;
(2) a discussion of selected organizational, policy, and legislative changes, as determined appropriate by the Comptroller General, and the potential implications for execution and oversight of programs and efforts; and
(3) specific analyses of individual acquisition programs and efforts.
(c)Acquisition Programs and Efforts to Be Considered.—The assessment required under subsection (a) shall consider the following programs and efforts:
(1) Selected weapon systems, as determined appropriate by the Comptroller General.
(2) Selected information technology systems and efforts, including defense business systems, networks, and software-intensive systems, as determined appropriate by the Comptroller General.
(3) Selected prototyping and rapid fielding activities and efforts, as determined appropriate by the Comptroller General.
(Added Pub. L. 115–232, div. A, title VIII, § 833(a), Aug. 13, 2018, 132 Stat. 1858, § 2229b; renumbered § 3072 and amended Pub. L. 116–283, div. A, title VIII, § 813, title XVIII, § 1807(g)(1), Jan. 1, 2021, 134 Stat. 3749, 4159; Pub. L. 117–263, div. A, title VIII, § 812(a), Dec. 23, 2022, 136 Stat. 2706.)