10 U.S.C. § 3068 — Inapplicability of certain laws

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. § 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 prop- erty or services by the agencies named in sec- tion 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 ‘‘na- tional security system’’, with respect to a tele- communications and information system oper- ated 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.) Editorial Notes CODIFICATION The text of section 2314 of this title, which was trans- ferred to this section, designated as subsec. (a), and amended by Pub. L. 116–283, § 1807(e)(2), was based on act Aug. 10, 1956, ch. 1041, 70A Stat. 133; Pub. L. 96–513, title V, § 511(78), Dec. 12, 1980, 94 Stat. 2927; Pub. L. 103–160, div. A, title VIII, § 822(b)(2), Nov. 30, 1993, 107 Stat. 1706; Pub. L. 111–350, § 5(b)(16), Jan. 4, 2011, 124 Stat. 3843; Pub. L. 113–291, div. A, title X, § 1071(a)(4), Dec. 19, 2014, 128 Stat. 3504. The text of section 2315 of this title, which was trans- ferred to this section, designated as subsec. (b), and amended by Pub. L. 116–283, § 1807(e)(3), was based on Pub. L. 97–86, title IX, § 908(a)(1), Dec. 1, 1981, 95 Stat. 1117; amended Pub. L. 97–295, § 1(25), Oct. 12, 1982, 96 Stat. 1291; Pub. L. 104–106, div. E, title LVI, § 5601(c), Feb. 10, 1996, 110 Stat. 699; Pub. L. 104–201, div. A, title X, § 1074(b)(4)(B), Sept. 23, 1996, 110 Stat. 2660; Pub. L. 105–85, div. A, title X, § 1073(a)(49), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 107–217, § 3(b)(5), Aug. 21, 2002, 116 Stat. 1295; Pub. L. 109–364, div. A, title IX, § 906(c), Oct. 17, 2006, 120 Stat. 2354; Pub. L. 113–283, § 2(e)(5)(C), Dec. 18, 2014, 128 Stat. 3087; Pub. L. 114–92, div. A, title X, § 1081(a)(7), Nov. 25, 2015, 129 Stat. 1001. PRIOR PROVISIONS A prior section 3068 was renumbered section 7068 of this title. Another prior section 3068, acts Aug. 10, 1956, ch. 1041, 70A Stat. 168; Sept. 7, 1962, Pub. L. 87–649, § 6(a)(1), 76 Stat. 494, contained substantially the same provisions as section 7068, which formerly was numbered as sec- tion 3068, but placed the upper limit for the rank of of- ficers of the Medical Service Corps at colonel, prior to repeal by Pub. L. 89–603. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 1807(e)(2), as amended by Pub. L. 117–81, § 1701(b)(2)(C)(i), transferred text of section 2314 of this title to this section, des- ignated it as subsec. (a), inserted heading, and sub- stituted ‘‘section 3063’’ for ‘‘section 2303’’. Subsec. (b). Pub. L. 116–283, § 1807(e)(3), as amended by Pub. L. 117–81, § 1701(b)(2)(C)(ii), transferred text of sec- tion 2315 of this title to this section, designated it as subsec. (b), and inserted heading. 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. § 3069. Buy-to-budget acquisition: end items (a) AUTHORITY TO ACQUIRE ADDITIONAL END ITEMS.—Using funds available to the Depart- ment of Defense for the acquisition of an end item, the head of an agency making the acquisi- tion 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 require- ment for the end item that is expected to re- main substantially unchanged throughout the period of the acquisition. (2) It is possible to acquire the higher quan- tity of the end item without additional fund-