10 U.S.C. § 3249

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 3249 - Advocates for competition

Each advocate for competition designated pursuant to section 1705(a) of title 41 for an agency named in section 3063 of this title shall be a general or flag officer if a member of the armed forces or in a position classified above GS-15 pursuant to section 5108 of title 5, if a civilian employee and shall be designated to serve for a minimum of two years.

10 U.S.C. § 3249

Added Pub. L. 98-525, title XII, §1216(a), Oct. 19, 1984, 98 Stat. 2593, §2318; amended Pub. L. 100-26, §7(d)(4), Apr. 21, 1987, 101 Stat. 281; Pub. L. 102-25, §701(f)(1), Apr. 6, 1991, 105 Stat. 115; Pub. L. 103-355, §1031, Oct. 13, 1994, 108 Stat. 3260; Pub. L. 111-350, §5(b) (17), Jan. 4, 2011, 124 Stat. 3843; Pub. L. 112-239, div. A, title X, §1076(f)(24), Jan. 2, 2013, 126 Stat. 1953; Pub. L. 115-232, div. A, title VIII, §811(d), Aug. 13, 2018, 132 Stat. 1845; renumbered §3249 and amended Pub. L. 116-283, div. A, title XVIII, §1813(f), Jan. 1, 2021, 134 Stat. 4181.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 3251 was renumbered section 7131 of this title.

AMENDMENTS2021- Pub. L. 116-283, §1813(f), renumbered section 2318 of this title as this section and substituted "section 3063" for "section 2303(a)". 2018- Pub. L. 115-232 substituted "Each advocate for competition designated pursuant to section 1705(a) of title 41 for" for "(b) Each advocate for competition of" and "in a position classified above GS-15 pursuant to section 5108 of title 5" for "a grade GS-16 or above under the General Schedule (or in a comparable or higher position under another schedule)" and struck out subsec. (a) which related to designation of an officer or employee of the Defense Logistics Agency to serve as the advocate for competition of the agency.2013-Subsec. (a)(2). Pub. L. 112-239 substituted "subsections (b) and (c) of section 1705" for "section 1705(b) and (c)".2011-Subsec. (a)(1). Pub. L. 111-350, §5(b) (17)(A), substituted "section 1705(a) of title 41" for "section 20(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 418(a))".Subsec. (a)(2). Pub. L. 111-350, §5(b) (17)(B), substituted "section 1705(b) and (c) of title 41" for "sections 20(b) and 20(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 418(b), (c))".1994-Subsec. (c). Pub. L. 103-355 struck out subsec. (c) which read as follows: "Each advocate for competition of an agency of the Department of Defense shall transmit to the Secretary of Defense a report describing his activities during the preceding year. The report of each advocate for competition shall be included in the annual report of the Secretary of Defense required by section 23 of the Office of Federal Procurement Policy Act (41 U.S.C. 419), in the form in which it was submitted to the Secretary."1991-Subsec. (c). Pub. L. 102-25 substituted "section 23" for "section 21". 1987-Subsec. (a)(1). Pub. L. 100-26, §7(d)(4)(A), inserted "(41 U.S.C. 418(a))" after "Policy Act".Subsec. (a)(2). Pub. L. 100-26, §7(d)(4)(B), inserted "(41 U.S.C. 418(b), (c))" after "Policy Act".Subsec. (c). Pub. L. 100-26, §7(d)(4)(C), inserted "(41 U.S.C. 419)" after "Policy Act".

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 DATEPub. L. 98-525, title XII, §1216(c)(1), Oct. 19, 1984, 98 Stat. 2599, provided that: "Section 2318 of title 10, United States Code [now 10 U.S.C. 3249] (as added by subsection (a)), shall take effect on April 1, 1985."

armed forces
The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
flag officer
The term "flag officer" means an officer of the Navy or Coast Guard serving in or having the grade of admiral, vice admiral, rear admiral, or rear admiral (lower half).
grade
The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
officer
The term "officer" means a commissioned or warrant officer.