10 U.S.C. § 3070 — Limitation on acquisition of excess sup-

Page 2388 TITLE 10—ARMED FORCES § 3070 ing because of production efficiencies or other cost reductions. (3) The amount of the funds used for the ac- quisition 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 administra- tion of this section. The regulations shall in- clude, at a minimum, the following: (1) The level of approval within the Depart- ment 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 quan- tity of an end item approved in a justification and approval of the use of procedures other than competitive procedures for the acquisi- tion 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 author- ity of this section to acquire a higher quantity of an end item than is specified in a law de- scribed 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 para- graph (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 acquisi- tion 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 prohib- ited notwithstanding the authority provided in this section. (e) DEFINITIONS.—(1) For the purposes of this section, a quantity of an end item shall be con- sidered specified in a law if the quantity is spec- ified either in a provision of that law or in any related representation that is set forth sepa- rately in a table, chart, or explanatory text in- cluded in a joint explanatory statement or gov- erning committee report accompanying the law. (2) In this section: (A) The term ‘‘end item’’ means a produc- tion 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 Sec- retary 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.) Editorial Notes PRIOR PROVISIONS A prior section 3069 was renumbered section 7069 of this title. AMENDMENTS 2021—Pub. L. 116–283 renumbered section 2308 of this title as this section. Subsec. (b)(2). Pub. L. 116–283 substituted ‘‘sections 3201 through 3205’’ for ‘‘section 2304’’. 2016—Subsec. (c). Pub. L. 114–328 designated existing provisions as par. (1), inserted ‘‘, except as provided in paragraph (2),’’ after ‘‘but’’, and added par. (2). 2003—Subsec. (e)(2). Pub. L. 108–136 redesignated sub- pars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: ‘‘The term ‘congressional defense committees’ means— ‘‘(i) the Committee on Armed Services and the Committee on Appropriations of the Senate; and ‘‘(ii) the Committee on Armed Services and the Committee on Appropriations of the House of Rep- resentatives.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. § 3070. Limitation on acquisition of excess sup- plies (a) TWO-YEAR SUPPLY.—The Secretary of De- fense may not incur any obligation against a stock fund of the Department of Defense for the acquisition of any item of supply if that acquisi- tion 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, or in the case of ship maintenance, overhaul, and re- pair, in excess of five years of operating stocks. (b) EXCEPTIONS.—The head of a procuring ac- tivity may authorize the acquisition of an item of supply in excess of the limitation contained in subsection (a) if that activity head deter- mines 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 oper- ating 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 pur- poses of maintaining the industrial base, to protect against identified risk of supply chain disruptions, 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; amended Pub. L. 118–159, div. A, title VIII, § 812, Dec. 23, 2024, 138 Stat. 1979.) Page 2389 TITLE 10—ARMED FORCES § 3072 1 So in original. Probably should be ‘‘Initiatives’’. Editorial Notes PRIOR PROVISIONS A prior section 3070 was renumbered section 7070 of this title. A prior section 3071, acts Aug. 10, 1956, ch. 1041, 70A Stat. 169; Sept. 7, 1962, Pub. L. 87–649, § 6(a)(2), (3), 76 Stat. 494; Nov. 8, 1967, Pub. L. 90–130, § 1(8)(C), 81 Stat. 374, prescribed composition of Women’s Army Corps and provided for a Director, a Deputy Director, and other positions for Women’s Army Corps, prior to re- peal by Pub. L. 95–485, title VIII, § 820(b), Oct. 20, 1978, 92 Stat. 1627. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159, § 812(1), inserted ‘‘, or in the case of ship maintenance, overhaul, and re- pair, in excess of five years of operating stocks’’ after ‘‘in excess of two years of operating stocks’’. Subsec. (b)(2). Pub. L. 118–159, § 812(2), inserted ‘‘, to protect against identified risk of supply chain disrup- tions,’’ before ‘‘or for other reasons of national secu- rity’’. 2021—Pub. L. 116–283 renumbered section 2213 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. § 3072. Comptroller General assessment of acqui- sition programs and initiatives (a) ASSESSMENT REQUIRED.—The Comptroller General of the United States shall submit to the congressional defense committees an annual as- sessment of selected acquisition programs and initiatives of the Department of Defense by March 30th of each year from 2020 through 2029. (b) ANALYSES TO BE INCLUDED.—The assess- ment required under subsection (a) shall in- clude— (1) a macro analysis of how well acquisition programs and initiatives are performing and reasons for that performance; (2) specific analyses of individual acquisition programs and initiatives; and (3) other issues as determined appropriate by the Comptroller General. (c) ACQUISITION PROGRAMS AND EFFORTS 1 TO BE CONSIDERED.—The assessment required under subsection (a) shall consider the following pro- grams and initiatives: (1) Selected weapon systems, as determined appropriate by the Comptroller General. (2) Selected information technology systems and initiatives, including defense business sys- tems, networks, and software-intensive sys- tems, as determined appropriate by the Comp- troller General. (3) Selected prototyping and rapid fielding activities and initiatives, as determined ap- propriate 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; Pub. L. 118–159, div. A, title VIII, § 813(a), Dec. 23, 2024, 138 Stat. 1980.) Editorial Notes PRIOR PROVISIONS Prior sections 3072 to 3075 were renumbered sections 7072 to 7075 of this title, respectively. Prior sections 3076 to 3080 were repealed by Pub. L. 103–337, div. A, title XVI, §§ 1661(a)(3)(A), 1691, Oct. 5, 1994, 108 Stat. 2980, 3026, effective Dec. 1, 1994, except as otherwise provided. Section 3076, act Aug. 10, 1956, ch. 1041, 70A Stat. 170, related to composition of Army Reserve. See section 10104 of this title. Section 3077, act Aug. 10, 1956, ch. 1041, 70A Stat. 170, related to composition of Army National Guard of United States. See section 10105 of this title. Section 3078, act Aug. 10, 1956, ch. 1041, 70A Stat. 171, provided that Army National Guard is a component of Army while in service of United States. See section 10106 of this title. Section 3079, act Aug. 10, 1956, ch. 1041, 70A Stat. 171, related to status of Army National Guard of United States when not in Federal service. See section 10107 of this title. Section 3080, added Pub. L. 86–603, § 1(2)(A), July 7, 1960, 74 Stat. 357, related to authority of officers of Army National Guard of United States with respect to Federal status. See section 10215 of this title. Prior sections 3081, 3082, 3083, and 3084 were renum- bered sections 7081, 10542, 7083, and 7084 of this title, re- spectively. AMENDMENTS 2024—Pub. L. 118–159, § 813(a)(1), (2), substituted ‘‘ini- tiatives’’ for ‘‘efforts’’ in section catchline and wher- ever appearing in text. Subsec. (a). Pub. L. 118–159, § 813(a)(3), substituted ‘‘2029’’ for ‘‘2026’’. Subsec. (b)(2), (3). Pub. L. 118–159, § 813(a)(4), added par. (3), redesignated former par. (3) as (2), and struck out former par. (2) which read as follows: ‘‘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’’. 2022—Pub. L. 117–263, § 812(a)(1), (2), substituted ‘‘ef- forts’’ for ‘‘initiatives’’ in section catchline and wher- ever appearing in text. Subsec. (a). Pub. L. 117–263, § 812(a)(3), substituted ‘‘through 2026’’ for ‘‘through 2023’’. Subsec. (c). Pub. L. 117–263, § 812(a)(4), substituted ‘‘Efforts’’ for ‘‘Initiatives’’ in heading. 2021—Pub. L. 116–283, § 1807(g)(1), renumbered section 2229b of this title as this section. Subsec. (b)(2). Pub. L. 116–283, § 813, substituted ‘‘a discussion of selected organizational, policy, and legis- lative changes, as determined appropriate by the Comp- troller General, and the potential’’ for ‘‘a summary of organizational and legislative changes and emerging assessment methodologies since the last assessment, and a discussion of the’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1807(g)(1) of Pub. L. 116–283 ef- fective Jan. 1, 2022, with additional provisions for de- layed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. CHAPTER 205—DEFENSE ACQUISITION SYSTEM Sec. 3101. Definitions.