10 U.S.C. § 3067 — Approval required for military depart-

Page 2386 TITLE 10—ARMED FORCES § 3066 his direction, to any other officer or official of that agency, any power under this chapter.’’ 1984—Pub. L. 98–577 struck out ‘‘(a)’’ before ‘‘Except as provided in’’ and struck out subsec. (b) which related to delegation of authority by heads of procuring activi- ties of agencies of certain functions. Pub. L. 98–525 designated existing provisions as sub- sec. (a) and added subsec. (b). Pub. L. 98–369 inserted provision relating to the ex- ception provided in section 2304(d)(2) of this title and struck out provision that the power to make deter- minations and decisions under cls. (11)–(16) of section 2304(a) of this title could not be delegated, but that the power to make a determination or decision under sec- tion 2304(a)(11) of this title could be delegated to any other officer of official of that agency who was respon- sible for procurement, and only for contracts requiring the expenditure of not more than $5,000,000. 1981—Pub. L. 97–86 struck out in first sentence cl. (1) designation and cl. (2) relating to authorizing of con- tracts in excess of three years under section 2306(g) of this title, and in second sentence substituted ‘‘$5,000,000’’ for ‘‘$100,000’’. 1968—Pub. L. 90–378 designated provisions after ‘‘the power to make determinations and decisions’’ as cl. (1) and added cl. (2). 1962—Pub. L. 87–653 substituted ‘‘delegated to any other officer’’ for ‘‘delegated only to a chief officer’’ and ‘‘$100,000’’ for ‘‘$25,000’’. 1958—Pub. L. 85–800 struck out ‘‘, or section 2307(a)’’ after ‘‘of section 2304(a)’’ in first sentence. 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. EFFECTIVE DATE OF 1994 AMENDMENT For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–369 applicable with respect to any solicitation for bids or proposals issued after Mar. 31, 1985, see section 2751 of Pub. L. 98–369, set out as a note under section 4751 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Pub. L. 87–653, § 1(h), Sept. 10, 1962, 76 Stat. 529, pro- vided that: ‘‘The amendments made by this Act [amending this section and sections 2304, 2306, and 2310 (now 4751) of this title] shall take effect on the first day of the third calendar month which begins after the date of enactment of this Act [Sept. 10, 1962].’’ § 3066. Assignment and delegation of procure- ment functions and responsibilities: procure- ments for or with other agencies Subject to section 3065 of this title, to facili- tate 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 func- tions 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.) Editorial Notes CODIFICATION The text of subsec. (b) of section 2311 of this title, which was transferred first to section 3065(b) of this title and then to this section and amended by Pub. L. 116–283, § 1807(d)(1), (2)(A), (D), was based on Pub. L. 103–355, title I, § 1503(a)(1), Oct. 13, 1994, 108 Stat. 3296. PRIOR PROVISIONS A prior section 3066, acts Aug. 10, 1956, ch. 1041, 70A Stat. 167; Sept. 2, 1958, Pub. L. 85–861, § 33(a)(19), 72 Stat. 1565, authorized President, by and with consent of Sen- ate, to make temporary appointments in grades of gen- eral and lieutenant general from officers of Army on active duty in any grade above brigadier general and specified number of positions in each such grade, prior to repeal by Pub. L. 96–513, title II, § 201, title VII, § 701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981. See section 601 of this title. AMENDMENTS 2021—Pub. L. 116–283, § 1807(d)(2)(D), transferred sub- sec. (b) of section 3065 of this title to this section, and, in introductory provisions, struck out subsec. (b) des- ignation and heading ‘‘Procurements For or With Other Agencies’’ at beginning and substituted ‘‘Subject to section 3065 of this title’’ for ‘‘Subject to subsection (a)’’, ‘‘covered by any provision of this part that is a chapter 137 legacy provision’’ for ‘‘covered by this chap- ter’’, and ‘‘section 3063’’ for ‘‘section 2303’’. 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. § 3067. Approval required for military depart- ment termination or reduction in participa- tion in joint acquisition programs (a) APPROVAL OF TERMINATIONS AND REDUC- TIONS OF JOINT ACQUISITION PROGRAMS.—The Secretary of Defense shall prescribe regulations that prohibit each military department partici- pating in a joint acquisition program approved by the Under Secretary of Defense for Acquisi- tion and Sustainment from terminating or sub- stantially reducing its participation in such pro- gram without the approval of the Under Sec- retary. (b) REQUIRED CONTENT OF REGULATIONS.—The regulations shall include the following provi- sions: (1) A requirement that, before any such ter- mination or substantial reduction in partici- pation is approved, the proposed termination or reduction be reviewed by the Joint Require- ments Oversight Council of the Department of Defense. 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-