10 U.S.C. § 3011

Definitions incorporated from title 41

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In any chapter 137 legacy provision, the following terms have the meanings provided such terms in chapter 1 of title 41:(1) The term “procurement”.(2) The term “procurement system”.(3) The term “standards”.(4) The term “full and open competition”.(5) The term “responsible source”.(6) The term “item”.(7) The term “item of supply”.(8) The term “supplies”.(9) The term “commercial product”.(10) The term “commercial service”.(11) The term “nondevelopmental item”.(12) The term “commercial component”.(13) The term “component”.(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(b)(1), (2), Jan. 1, 2021, 134 Stat. 4153.)Editorial NotesCodification

The text of par. (3) of section 2302 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1806(b)(2), was based on Pub. L. 103–355, title I, § 1502(1), Oct. 13, 1994, 108 Stat. 3296; Pub. L. 104–106, div. D, title XLIII, § 4321(b)(3), Feb. 10, 1996, 110 Stat. 672; Pub. L. 111–350, § 5(b)(8), Jan. 4, 2011, 124 Stat. 3842; Pub. L. 115–232, div. A, title VIII, § 836(c)(1), Aug. 13, 2018, 132 Stat. 1864.

Prior Provisions

A prior section 3011 was renumbered section 7011 of this title.

Another prior section 3011 was renumbered section 7012 of this title.

Amendments

2021—Pub. L. 116–283, § 1806(b)(2), transferred par. (3) of section 2302 of this title to this section, realigned margin, struck out par. (3) designation at beginning, substituted “In any chapter 137 legacy provision, the following” for “The following” in introductory provisions, and redesignated subpars. (A) to (M) as pars. (1) to (13), respectively.

Statutory Notes and Related SubsidiariesEffective Date

Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2015–2023 · leading case: Ambac Assurance Corp. v. Fort Leavenworth Frontier Heritage Communities, II, LLC, 315 F.R.D. 601 (D. Kan. 2016).

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Ambac Assurance Corp. v. Fort Leavenworth Frontier Heritage Communities, II, LLC, 315 F.R.D. 601 (D. Kan. 2016). “See 10 U.S.C. § 3011 (“The Department of the Army is separately organized under the Secretary of the Army.”

Nat'l Fed'n of Fed. Employees, Local 1442 v. Dep't of the Army, 810 F.3d 1272 (Fed. Cir. 2015). “” 10 U.S.C. § 3011 . “It operates,” however, “under the authority, direction, and control of the Secretary of Defense.”

Smith v. Dep't of the Air Force, 638 F. App'x 992 (Fed. Cir. 2016). “3d at 1280 (citing 10 U.S.C. § 3011 ). And, similar to the Secretary of the Army, the Secretary of the Air Force is responsible for “the effective and timely implementation of policy, program, and budget decisions and instructions of the President or the Secretary of Defense…”

James M. Hart v. Dep't of the Army (MSPB 2016). “See 10 U.S.C. § 3011 . Therefore, even if the JMC had adequate funding to avoid the furloughs, it was reasonable for DOD to consider its budget situation holistically, rather than isolating the situations of individual departments or subunits thereof.”

Vectrus Servs. A/S v. United States (Fed. Cl. 2023). “” (alteration added) (citing 10 U.S.C.A. §§ 3011 (5), 3204(a)(3); FAR 2.”

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