§3070 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense cannot use the Department of Defense stock fund to buy items that would leave more than two years’ worth of regular operating supplies on hand (war reserves are not counted). For ship maintenance, overhaul, and repair the limit is five years. The person in charge of buying can approve a larger purchase in writing if they find either that a bigger order is needed to be economical and will keep stock under three years and the need is not likely to drop, or that the buy is needed to keep industry running, guard against known supply risks, or protect national security.

Title 10, §3070

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense may not incur any obligation against a stock fund of the Department of Defense for the acquisition of any item of supply if that acquisition 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 repair, in excess of five years of operating stocks.

(b)The head of a procuring activity may authorize the acquisition of an item of supply in excess of the limitation contained in subsection (a) if that activity head determines 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 operating 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 purposes of maintaining the industrial base, to protect against identified risk of supply chain disruptions, or for other reasons of national security.

Notes & Related Subsidiaries

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 repeal 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 repair, 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 disruptions,” before “or for other reasons of national security”. 2021—Pub. L. 116–283 renumbered section 2213 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment 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 Supplies