10 U.S.C. § 3064 — Applicability of chapter 137 legacy provi-

Page 2385 TITLE 10—ARMED FORCES § 3065 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. § 3064. Applicability of chapter 137 legacy provi- sions (a) GENERAL APPLICABILITY.—Any provision of this part that is a chapter 137 legacy provision applies to the procurement by any of the agen- cies 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 INSTALLA- TION 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.) Editorial Notes CODIFICATION The text of subsec. (a) introductory provisions and subsec. (b) of section 2303 of this title, which were transferred to this section and amended by Pub. L. 116–283, § 1807(c)(3), was based on act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub. L. 98–369, div. B, title VII, § 2722(b)(1)(A), (B), (3), July 18, 1984, 98 Stat. 1187. PRIOR PROVISIONS A prior section 3064 was renumbered section 7064 of this title. AMENDMENTS 2021—Pub. L. 116–283, § 1807(c)(3), transferred introduc- tory provisions of subsec. (a) and subsec. (b) of section 2303 of this title to this section. Subsec. (a). Pub. L. 116–283, § 1807(c)(3)(A), as amended by Pub. L. 117–81, § 1701(b)(2)(B), inserted heading and substituted ‘‘Any provision of this part that is a chap- ter 137 legacy provision’’ for ‘‘This chapter’’, ‘‘of the agencies named in section 3063 of this title’’ for ‘‘of the following agencies’’, and period for colon at end. Subsec. (b). Pub. L. 116–283, § 1807(c)(3)(B), inserted heading and substituted ‘‘The provisions of this part that are chapter 137 legacy provisions’’ for ‘‘The provi- sions of this chapter’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Ef- fective Date note below. 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. § 3065. Assignment and delegation of procure- ment functions and responsibilities: delega- tion 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; re- numbered § 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.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2311 ......... 41:156(a) (less 1st sen- tence). 41:156(b). Feb. 19, 1948, ch. 65, § 7(a) (less 1st sentence), (b), 62 Stat. 24. The words ‘‘in his discretion and’’ and ‘‘including the making of such determinations and decisions’’ are omitted as surplusage. The words ‘‘except the power to make determinations and decisions’’ are substituted for the words ‘‘Except as provided in subsection (b) of this section’’ and ‘‘The power of the agency head to make the determinations or decisions specified in para- graphs (12)–(16) of section 151(c) of this title and in sec- tion 154(a) of this title shall not be delegable’’. Editorial Notes PRIOR PROVISIONS A prior section 3065 was renumbered section 7065 of this title. Provisions similar to those in this section were con- tained in section 2308 of this title prior to repeal by Pub. L. 103–355, § 1503(b)(1). AMENDMENTS 2021—Pub. L. 116–283, § 1807(d)(2)(C), (3), in section catchline, substituted ‘‘Assignment and delegation of procurement functions and responsibilities: delegation within agency’’ for ‘‘Emergency situations involving weapons of mass destruction’’ and, in text, struck out subsec. (a) designation and heading ‘‘In General’’ at be- ginning, and substituted ‘‘under any provision of this part that is a chapter 137 legacy provision’’ for ‘‘under this chapter’’. Pub. L. 116–283, § 1807(d)(1), renumbered section 2311 of this title as this section. Subsecs. (b), (c). Pub. L. 116–283, § 1807(d)(2)(A), (B), transferred subsecs. (b) and (c) of this section to sec- tions 3066 and 3067 of this title, respectively. 2019—Subsec. (c)(1), (2)(B). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under Secretary of Defense for Ac- quisition, Technology, and Logistics’’. 2001—Subsec. (c)(1), (2)(B). Pub. L. 107–107 substituted ‘‘Under Secretary of Defense for Acquisition, Tech- nology, and Logistics’’ for ‘‘Under Secretary of Defense for Acquisition and Technology’’. 1994—Pub. L. 103–355 substituted ‘‘Assignment and delegation of procurement functions and responsibil- ities’’ for ‘‘Delegation’’ as section catchline and amend- ed text generally. Prior to amendment, text read as fol- lows: ‘‘Except as provided in section 2304(d)(2) of this title, the head of an agency may delegate, subject to