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10 U.S.C. § 3069 — Buy-to-budget acquisition: end items
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority To Acquire Additional End Items.—** Using funds available to the Department of Defense for the acquisition of an end item, a contracting officer 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 contracting officer determines in writing that:
(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.
**(b) Regulations.—** The Secretary of Defense shall prescribe regulations for the administration of this section.
**(c) 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.
**(d) 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, the term “
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Stable record: federal_law:legal_authorities:record_usc_a56f28527ef8617c4131e126
Source file: Laws/federal/codes/united-states-code/title-10/section-3069-buy-to-budget-acquisition-end-items--617c2cdaa7.md
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Source location: Title 10, Chapter 203, § 3069; chapter-203-general-matters.md
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**(a) Authority To Acquire Additional End Items.—** Using funds available to the Department of Defense for the acquisition of an end item, a contracting officer 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 contracting officer determines in writing that:
(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.
**(b) Regulations.—** The Secretary of Defense shall prescribe regulations for the administration of this section.
**(c) 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.
**(d) 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, the term “end item” means a production product assembled, completed, and ready for issue or deployment.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Army Nurse Corps consists of the Chief and assistant chief of that corps and other officers in grades prescribed by the Secretary of the Army.
**(b)** The Secretary of the Army shall appoint the Chief from the officers of the Regular Army in that corps whose regular grade is above lieutenant colonel and who are recommended by the Surgeon General. The Chief serves during the pleasure of the Secretary, but not for more than four years, and may not be reappointed to the same position.
**(c)** The Surgeon General shall appoint the assistant chief from the officers of the Regular Army in that corps whose regular grade is above lieutenant colonel. The assistant chief serves during the pleasure of the Surgeon General, but not for more than four years and may not be reappointed to the same position.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7069
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2308, acts Aug. 10, 1956, ch. 1041, 70A Stat. 131; Oct. 23, 1992, Pub. L. 102–484, div. A, title VIII, § 820(a), 106 Stat. 2458; May 31, 1993, Pub. L. 103–35, title II, § 201(e)(2), 107 Stat. 99; Nov. 30, 1993, Pub. L. 103–160, div. A, title IX, § 904(d)(1), 107 Stat. 1728, related to assignment and delegation of procurement functions and responsibilities, prior to repeal by Pub. L. 103–355, title I, § 1503(b)(1), title X, § 10001, Oct. 13, 1994, 108 Stat. 3297, 3404, effective Oct. 13, 1994, except as otherwise provided.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Cost Estimates Developed for Specified Purposes Not to Be Used for Contract Negotiations or Obligation of Funds.—** The policies, procedures, and guidance issued by the Director of Cost Assessment and Program Evaluation in accordance with the requirements of [section 3221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3221&num=0&edition=prelim) shall provide that cost estimates developed for baseline descriptions and other program purposes conducted pursuant to subsection (b)(6) of such section are not to be used for the purpose of contract negotiations or the obligation of funds.
**(b) Cost Estimates Developed for Specified Purposes Not to Be Used for Contract Negotiations or Obligation of Funds.—** The Under Secretary of Defense for Acquisition and Sustainment shall, in consultation with the Director of Cost Assessment and Program Evaluation, develop policies, procedures, and guidance to ensure that cost analyses and targets developed for the purpose of contract negotiations and the obligation of funds are based on the Government’s reasonable expectation of successful contractor performance in accordance with the contractor’s proposal and previous experience.
**(c) Program Manager and Contracting Officer.—** The program manager and contracting officer for each major defense acquisition program and major subprogram shall ensure that cost analyses and targets developed for the purpose of contract negotiations and the obligation of funds are carried out in accordance with the requirements of subsection (a) and the policies, procedures, and guidance issued by the Under Secretary of Defense for Acquisition and Sustainment under subsection (b).
**(d) Availability of Excess Funds.—**
(1) Funds that are made available for
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Federal law — U.S. Code and appendices · legal_authorities
Page 2387
TITLE 10—ARMED FORCES
§ 3069
(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 pro-
gram 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 effi-
cient manner.
(Added and amended Pub. L. 116–283, div. A, title
XVIII, § 1807(d)(2)(B), (E), Jan. 1, 2021, 134 Stat.
4158.)
Editorial Notes
CODIFICATION
The text of subsec. (c) of section 2311 of this title,
which was transferred first to section 3065(c) of this
title and then to this section and amended by Pub. L.
116–283, § 1807(d)(1), (2)(B), (E), was based on 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.
PRIOR PROVISIONS
A prior section 3067 was renumbered section 7067 of
this title.
AMENDMENTS
2021—Pub. L. 116–283, § 1807(d)(2)(E), redesignated sub-
sec. (c) of section 3065 of this title as subsec. (a) of this
section, struck out par. (1) designation before ‘‘The
Secretary of Defense shall’’, redesignated par. (2) and
its subpars. (A) and (B) as subsec. (b) and pars. (1) and
(2), respectively, and inserted subsec. (b) heading.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section and amendment by Pub. L. 116–283 effective
Jan. 1, 2022, with additional provisions for delayed im-
plementation and applicability of existing law, see sec-
tion 1801(d) of Pub. L. 116–283, set out as an Effective
Date of 2021 Amendment note preceding section 3001 of
this title.
§ 30
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