10 U.S.C. § 3062 — Regulations

Page 2383 TITLE 10—ARMED FORCES § 3062 CHAPTER 203—GENERAL MATTERS Sec. 3061. [Reserved]. 3062. Regulations. 3063. Covered agencies. 3064. Applicability of chapter 137 legacy provisions. 3065. Assignment and delegation of procurement functions and responsibilities: delegation within agency. 3066. Assignment and delegation of procurement functions and responsibilities: procure- ments for or with other agencies. 3067. Approval required for military department termination or reduction in participation in joint acquisition programs. 3068. Inapplicability of certain laws. 3069. Buy-to-budget acquisition: end items. 3070. Limitation on acquisition of excess supplies. 3071. [Reserved]. 3072. Comptroller General assessment of acquisi- tion programs and initiatives. Editorial Notes PRIOR PROVISIONS A prior chapter 203 ‘‘GENERAL MATTERS’’, as added by Pub. L. 115–232, div. A, title VIII, § 801(a), Aug. 13, 2018, 132 Stat. 1826, and consisting of reserved section 3021, was repealed by Pub. L. 116–283, div. A, title XVIII, § 1807(a), Jan. 1, 2021, 134 Stat. 4156. AMENDMENTS 2024—Pub. L. 118–159, div. A, title VIII, § 813(b), Dec. 23, 2024, 138 Stat. 1980, substituted ‘‘Comptroller Gen- eral assessment of acquisition programs and initia- tives’’ for ‘‘Comptroller General assessment of acquisi- tion programs and efforts’’ in item 3072. 2022—Pub. L. 117–263, div. A, title VIII, § 812(b), Dec. 23, 2022, 136 Stat. 2706, substituted ‘‘efforts’’ for ‘‘initia- tives’’ in item 3072. 2021—Pub. L. 117–81, div. A, title XVII, § 1701(f)(3), Dec. 27, 2021, 135 Stat. 2139, inserted ‘‘of’’ after ‘‘Applica- bility’’ in item 3064. Statutory Notes and Related Subsidiaries INTERNAL CONTROLS FOR DEPARTMENT OF DEFENSE PROCUREMENTS THROUGH GSA CLIENT SUPPORT CEN- TERS Pub. L. 108–375, div. A, title VIII, § 802, Oct. 28, 2004, 118 Stat. 2004, as amended by Pub. L. 109–313, § 2(c)(2), Oct. 6, 2006, 120 Stat. 1735; Pub. L. 116–92, div. A, title IX, § 902(38), Dec. 20, 2019, 133 Stat. 1547, provided that: ‘‘(a) INITIAL INSPECTOR GENERAL REVIEW AND DETER- MINATION.—(1) Not later than March 15, 2005, the Inspec- tor General of the Department of Defense and the In- spector General of the General Services Administration shall jointly— ‘‘(A) review— ‘‘(i) the policies, procedures, and internal controls of each GSA Client Support Center; and ‘‘(ii) the administration of those policies, proce- dures, and internal controls; and ‘‘(B) for each such Center, determine in writing whether— ‘‘(i) the Center is compliant with defense procure- ment requirements; ‘‘(ii) the Center is not compliant with defense pro- curement requirements, but the Center made sig- nificant progress during 2004 toward becoming com- pliant with defense procurement requirements; or ‘‘(iii) neither of the conclusions stated in clauses (i) and (ii) is correct. ‘‘(2) If the Inspectors General determine under para- graph (1) that the conclusion stated in clause (ii) or (iii) of subparagraph (B) of such paragraph is correct in the case of a GSA Client Support Center, those Inspec- tors General shall, not later than March 15, 2006, joint- ly— ‘‘(A) conduct a second review regarding that GSA Client Support Center as described in paragraph (1)(A); and ‘‘(B) determine in writing whether that GSA Client Support Center is or is not compliant with defense procurement requirements. ‘‘(b) COMPLIANCE WITH DEFENSE PROCUREMENT RE- QUIREMENTS.—For the purposes of this section, a GSA Client Support Center is compliant with defense pro- curement requirements if the GSA Client Support Cen- ter’s policies, procedures, and internal controls, and the manner in which they are administered, are ade- quate to ensure compliance of that Center with the re- quirements of laws and regulations that apply to pro- curements of property and services made directly by the Department of Defense. ‘‘(c) LIMITATIONS ON PROCUREMENTS THROUGH GSA CLIENT SUPPORT CENTERS.—(1) After March 15, 2005, and before March 16, 2006, no official of the Department of Defense may, except as provided in subsection (d) or (e), order, purchase, or otherwise procure property or services in an amount in excess of $100,000 through any GSA Client Support Center for which a determination described in paragraph (1)(B)(iii) of subsection (a) has been made under that subsection. ‘‘(2) After March 15, 2006, no official of the Depart- ment of Defense may, except as provided in subsection (d) or (e), order, purchase, or otherwise procure prop- erty or services in an amount in excess of $100,000 through any GSA Client Support Center that has not been determined under this section as being compliant with defense procurement requirements. ‘‘(d) EXCEPTION FROM APPLICABILITY OF LIMITA- TIONS.—(1) No limitation applies under subsection (c) with respect to the procurement of property and serv- ices from a particular GSA Client Support Center dur- ing any period that there is in effect a determination of the Under Secretary of Defense for Acquisition and Sustainment, made in writing, that it is necessary in the interest of the Department of Defense to continue to procure property and services through that GSA Cli- ent Support Center. ‘‘(2) A written determination with respect to a GSA Client Support Center under paragraph (1) is in effect for the period, not in excess of one year, that the Under Secretary of Defense for Acquisition and Sustainment shall specify in the written determination. The Under Secretary may extend from time to time, for up to one year at a time, the period for which the written deter- mination remains in effect. ‘‘(e) TERMINATION OF APPLICABILITY OF LIMITATIONS.— Subsection (c) shall cease to apply to a GSA Client Support Center on the date on which the Inspector General of the Department of Defense and the Inspector General of the General Services Administration jointly determine that such Center is compliant with defense procurement requirements and notify the Secretary of Defense of that determination. ‘‘(f) GSA CLIENT SUPPORT CENTER DEFINED.—In this section, the term ‘GSA Client Support Center’ means a Client Support Center of the Federal Acquisition Serv- ice of the General Services Administration.’’ § 3062. Regulations The Secretary of Defense is required by sec- tion 2202 of this title to prescribe regulations governing the performance within the Depart- ment of Defense of the procurement functions, and related functions, of the Department of De- fense. (Added Pub. L. 116–283, div. A, title XVIII, § 1807(b)(1), Jan. 1, 2021, 134 Stat. 4157; amended Pub. L. 117–81, div. A, title XVII, § 1701(b)(2)(A), (j), Dec. 27, 2021, 135 Stat. 2132, 2143.) Page 2384 TITLE 10—ARMED FORCES § 3063 Editorial Notes PRIOR PROVISIONS A prior section 3062 was renumbered section 7062 of this title. AMENDMENTS 2021—Pub. L. 117–81, § 1701(j), amended text of section enacted by Pub. L. 116–283, § 1807(b)(1), by substituting ‘‘is required by section 2202 of this title to prescribe’’ for ‘‘shall prescribe’’. Pub. L. 117–81, § 1701(b)(2)(A), amended directory lan- guage of Pub. L. 116–283, § 1807(b)(1), which enacted this section. 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 effective Jan. 1, 2022, with additional provi- sions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note pre- ceding section 3001 of this title. PILOT PROGRAM ON MILITARY WORKING DOG AND EX- PLOSIVES DETECTION CANINE HEALTH AND EXCEL- LENCE Pub. L. 117–81, div. A, title III, § 381, Dec. 27, 2021, 135 Stat. 1671, as amended by Pub. L. 117–263, div. A, title III, § 386(a), Dec. 23, 2022, 136 Stat. 2544, provided that: ‘‘(a) PILOT PROGRAM.—Not later than September 31, 2022, the Secretary of Defense shall carry out a pilot program to ensure the health and excellence of explo- sives detection military working dogs. Under such pilot program, the Secretary shall consult with domestic breeders of working dog lines, covered institutions of higher education, and covered national domestic canine associations, to— ‘‘(1) facilitate the presentation, both in a central lo- cation and at regional field evaluations in the United States, of domestically-bred explosives detection military working dogs for assessment for procure- ment by the Department of Defense, at a rate of at least 250 canines presented per fiscal year; ‘‘(2) facilitate the delivery and communication to domestic breeders, covered institutions of higher edu- cation, and covered national domestic canine associa- tions, of information regarding— ‘‘(A) any specific needs or requirements for the future acquisition by the Department of explosives detection military working dogs; and ‘‘(B) any factors identified as relevant to the suc- cess or failure of explosives detection military working dogs presented for assessment pursuant to this section; ‘‘(3) collect information on the biological and health factors of explosives detection military work- ing dogs procured by the Department, and make such information available for academic research and to domestic breeders; ‘‘(4) collect and make available genetic and phenotypic information, including canine rearing and training data for study by domestic breeders and cov- ered institutions of higher education, for the further development of working canines that are bred, raised, and trained domestically; and ‘‘(5) evaluate current Department guidance for the procurement of military working dogs to ensure that pricing structures and procurement requirements for foreign and domestic canine procurements accurately account for input cost differences between foreign and domestic canines. ‘‘(b) TERMINATION.—The authority to carry out the pilot program under subsection (a) shall terminate on October 1, 2025. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered institution of higher edu- cation’ means an institution of higher education, as such term is defined in section 101 of the Higher Edu- cation Act of 1965 (20 U.S.C. 1001), with demonstrated expertise in veterinary medicine for working canines. ‘‘(2) The term ‘covered national domestic canine as- sociation’ means a national domestic canine associa- tion with demonstrated expertise in the breeding and pedigree of working canine lines. ‘‘(3) The term ‘explosives detection military work- ing dog’ means a canine that, in connection with the work duties of the canine performed for the Depart- ment of Defense, is certified and trained to detect odors indicating the presence of explosives in a given object or area, in addition to the performance of such other duties for the Department as may be assigned.’’ RESTRICTION ON DEPARTMENT OF DEFENSE PROCURE- MENT OF CERTAIN ITEMS CONTAINING PERFLUOROOCTANE SULFONATE OR PERFLUOROOCTANOIC ACID Pub. L. 116–283, div. A, title III, § 333, Jan. 1, 2021, 134 Stat. 3531, provided that: ‘‘(a) PROHIBITION.—The Department of Defense may not procure any covered item that contains perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA). ‘‘(b) DEFINITIONS.—In this section, the term ‘covered item’ means— ‘‘(1) nonstick cookware or cooking utensils for use in galleys or dining facilities; and ‘‘(2) upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings. ‘‘(c) EFFECTIVE DATE.—This section shall take effect on April 1, 2023.’’ § 3063. Covered agencies For purposes of any provision of law referring to this section, the agencies named in this sec- tion are the following: (1) The Department of Defense. (2) The Department of the Army. (3) The Department of the Navy. (4) The Department of the Air Force. (5) The Coast Guard. (6) The National Aeronautics and Space Ad- ministration. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1807(c)(1), (2), Jan. 1, 2021, 134 Stat. 4157.) Editorial Notes CODIFICATION The text of pars. (1) to (6) of section 2303(a) of this title, which were transferred to this section by Pub. L. 116–283, § 1807(c)(2), was based on act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub. L. 85–568, title III, § 301(b), July 29, 1958, 72 Stat. 432; Pub. L. 98–369, div. B, title VII, § 2722(b)(1)(C), (D), July 18, 1984, 98 Stat. 1187. PRIOR PROVISIONS A prior section 3063 was renumbered section 7063 of this title. AMENDMENTS 2021—Pars. (1) to (6). Pub. L. 116–283, § 1807(c)(2), trans- ferred pars. (1) to (6) of section 2303(a) of this title to this section. 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-