§ 3069. Buy-to-budget acquisition: end items

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Pub. L. 107–314 div. A title VIII § 801(a)(1) · 116 Stat. 2458

   Enacted · 10 U.S.C. § 3069

   Added Pub. L. 107–314, div. A, title VIII, § 801(a)(1), Dec. 2, 2002, 116 Stat. 2600, § 2308

   Source evidence

   Code source credit
   Added Pub. L. 107–314, div. A, title VIII, § 801(a)(1), Dec. 2, 2002, 116 Stat. 2600, § 2308

   Enacted provision · exact public law section
   (1) Chapter 137 of title 10, United States Code, is amended by inserting after section 2307 the following new section: “§ 2308. Buy-to-budget acquisition: end items “(a) Authority to Acquire Additional End Items.— Using funds available to the Department of Defense for the acquisition of an end item, the head of an agency making the acquisition 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 requirement for the end item that is expected to remain substantially unchanged throughout the period of the acquisition. “(2) It is possible to acquire the higher quantity of the end item without additional funding because of production efficiencies or other cost reductions. “(3) The amount of the funds used for the acquisition 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 administration of this section. The regulations shall include, at a minimum, the following: “(1) The level of approval within the Department 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 quantity of an end item approved in a justification and approval of the use of procedures other than competitive procedures for the acquisition of the end item under section 2304 of this title. “(c) Notification of Congress.— The head of an agency is Deadline. not required to notify Congress in advance regarding a decision under the authority of this section to acquire a higher quantity of an end item than is specified in a law described in subsection (a), but shall notify the congressional defense committees of the decision not later than 30 days after the date of the decision. “(d) Waiver by Other Law.— A provision of law may not be construed as prohibiting the acquisition 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 prohibited notwithstanding the authority provided in this section. “(e) Definitions.— (1) For the purposes of this section, a quantity of an end item shall be considered specified in a law if the quantity is specified either in a provision of that law or in any related representation that is set forth separately in a table, chart, or explanatory text included in a joint explanatory statement or governing committee report accompanying the law. “(2) In this section: “(A) 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 Representatives. “(B) The term ‘end item’ means a production product assembled, completed, and ready for issue or deployment. “(C) The term ‘head of an agency’ means the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force.”.

2. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 div. A title X § 1043(b)(11) · 117 Stat. 1392

   1. Redesignated · 10 U.S.C. § 3069(e)(2)

      Pub. L. 108–136 redesignated subpars. (B) and (C) as (A) and (B), respectively

   2. Struck · 10 U.S.C. § 3069(e)(2)

      Pub. L. 108–136 struck out former subpar. (A) which read as follows: “The term ‘congressional defense committees’ means—

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 108–136 redesignated subpars. (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 Representatives.”

   Enacted provision · exact public law section
   (11) Section 2308(e)(2) is amended— (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively.

3. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. A title VIII § 852 · 130 Stat. 2000

   1. Amended · 10 U.S.C. § 3069(c)

      Pub. L. 114–328 designated existing provisions as par. (1)

   2. Inserted · 10 U.S.C. § 3069(c)

      Pub. L. 114–328 inserted “, except as provided in paragraph (2),” after “but”

   3. Added · 10 U.S.C. § 3069(c)

      Pub. L. 114–328 added par. (2)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   SEC. 852. WAIVER OF CONGRESSIONAL NOTIFICATION FOR ACQUISITION OF TACTICAL MISSILES AND MUNITIONS GREATER THAN QUANTITY SPECIFIED IN LAW.   Section 2308(c) of title 10, United States Code, is amended— (1) by inserting “(1)” before “The head”; (2) by inserting “, except as provided in paragraph (2),” after “but”; and (3) by adding at the end the following new paragraph: “(2) A notification is not required under paragraph (1) if the end item being acquired in a higher quantity is an end item under a tactical missile program or a munitions program.” .

4. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 div. A title XVIII § 1807(f) · 134 Stat. 3388

   Changed · 10 U.S.C. § 3069

   Pub. L. 116–283 renumbered section 2308 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 116–283 renumbered section 2308 of this title as this section.

   Enacted provision · exact public law section
   (f) Transfer of Section 2308.— Section 2308 of title 10, United States Code, is transferred to chapter 203 of such title, inserted after section 3068, as added by subsection (e), redesignated as section 3069, and amended by striking “section 2304” in subsection (b)(2) and inserting “sections 3201 through 3205”.

   Effective date note
   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.

5. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 div. A title XVIII § 1807(f) · 134 Stat. 3388

   Substituted · 10 U.S.C. § 3069(b)(2)

   Pub. L. 116–283 substituted “sections 3201 through 3205” for “section 2304”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 116–283 substituted “sections 3201 through 3205” for “section 2304”.

   Enacted provision · exact public law section
   (f) Transfer of Section 2308.— Section 2308 of title 10, United States Code, is transferred to chapter 203 of such title, inserted after section 3068, as added by subsection (e), redesignated as section 3069, and amended by striking “section 2304” in subsection (b)(2) and inserting “sections 3201 through 3205”.

   Effective date note
   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.

6. 2025

   Pub. L. 119–60 § 812(a)(4)(A)(i) · 139 Stat. 951

   Substituted · 10 U.S.C. § 3069(a)

   Pub. L. 119–60, § 812(a)(4)(A)(i), in introductory provisions, substituted “a contracting officer making the acquisition 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 contracting officer determines in writing that:” for “the head of an agency making the acquisition 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:”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 119–60, § 812(a)(4)(A)(i), in introductory provisions, substituted “a contracting officer making the acquisition 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 contracting officer determines in writing that:” for “the head of an agency making the acquisition 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:”.

7. 2025

   Pub. L. 119–60 § 812(a)(4)(A)(ii) · 139 Stat. 951

   Struck · 10 U.S.C. § 3069(a)(4)

   Pub. L. 119–60, § 812(a)(4)(A)(ii), struck out par. (4) which read as follows: “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.”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 119–60, § 812(a)(4)(A)(ii), struck out par. (4) which read as follows: “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.”

8. 2025

   Pub. L. 119–60 § 812(a)(4)(B) · 139 Stat. 951

   1. Struck · 10 U.S.C. § 3069(b)

      Pub. L. 119–60, § 812(a)(4)(B), struck out “The regulations shall include, at a minimum, the following:” after “administration of this section.” in introductory provisions

   2. Struck · 10 U.S.C. § 3069(b)

      Pub. L. 119–60, § 812(a)(4)(B), struck out pars. (1) and (2) which read as follows:

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 119–60, § 812(a)(4)(B), struck out “The regulations shall include, at a minimum, the following:” after “administration of this section.” in introductory provisions and struck out pars. (1) and (2) which read as follows:

   “(1) The level of approval within the Department 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 quantity of an end item approved in a justification and approval of the use of procedures other than competitive procedures for the acquisition of the end item under sections 3201 through 3205 of this title.”

9. 2025

   Pub. L. 119–60 § 812(a)(4)(C) · 139 Stat. 951

   1. Redesignated · 10 U.S.C. § 3069(c); 10 U.S.C. § 3069(d)

      Pub. L. 119–60, § 812(a)(4)(C), redesignated subsecs. (d) and (e) as (c) and (d), respectively

   2. Struck · 10 U.S.C. § 3069(c); 10 U.S.C. § 3069(d)

      Pub. L. 119–60, § 812(a)(4)(C), struck out former subsec. (c). Prior to amendment, subsec. (c) related to notification of Congress regarding a decision to acquire a higher quantity of an end item than is specified in a law described in subsection (a)

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 119–60, § 812(a)(4)(C), redesignated subsecs. (d) and (e) as (c) and (d), respectively, and struck out former subsec. (c). Prior to amendment, subsec. (c) related to notification of Congress regarding a decision to acquire a higher quantity of an end item than is specified in a law described in subsection (a).

10. 2025

    Pub. L. 119–60 § 812(a)(4)(D) · 139 Stat. 951

    Amended · 10 U.S.C. § 3069(d)(2)

    Pub. L. 119–60, § 812(a)(4)(D), amended par. (2) generally. Prior to amendment, par. (2) defined terms “end item” and “head of an agency”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 119–60, § 812(a)(4)(D), amended par. (2) generally. Prior to amendment, par. (2) defined terms “end item” and “head of an agency”.

11. 2025

    Pub. L. 119–60 § 812(a)(4)(C) · 139 Stat. 951

    Redesignated · 10 U.S.C. § 3069(e)

    Pub. L. 119–60, § 812(a)(4)(C), redesignated subsec. (e) as (d)

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 119–60, § 812(a)(4)(C), redesignated subsec. (e) as (d).

8 of 16 references resolved to an enrolled provision · 8 unresolved