10 U.S.C. § 2452 — Duties of Secretary of Defense

Page 1931 TITLE 10—ARMED FORCES § 2452 Pub. L. 97–295, §§ 1(30)(A), 6(b), Oct. 12, 1982, 96 Stat. 1294, 1314. Pub. L. 94–106, title VIII, § 814(a), (b), Oct. 7, 1975, 89 Stat. 540, as amended by Pub. L. 94–361, title VIII, § 802, July 14, 1976, 90 Stat. 930, which had provided that it was the policy of the United States that the equipment of our armed forces in Europe be standardized or at least interoperable with that of our NATO Allies, di- rected the Secretary of Defense to carry out procure- ment policies toward this end and to report to Congress on any agreements with the Allies involving exchange of equipment manufactured in the United States for equipment manufactured outside it, authorized the Secretary to find such agreements contrary to the pub- lic interest and required him to report on the procure- ment of any major weapons system not in accord with these policies, was repealed and restated in section 2457 of this title by Pub. L. 97–295, §§ 1(30)(A), 6(b), Oct. 12, 1982, 96 Stat. 1294, 1314. Pub. L. 93–365, title III, § 302(c), Aug. 5, 1974, 88 Stat. 402, as amended by Pub. L. 94–106, title VIII, § 814(c), Oct. 7, 1975, 89 Stat. 540; Pub. L. 97–252, title XI, § 1121, Sept. 8, 1982, 96 Stat. 754, which had directed the Sec- retary of Defense to assess the costs and possible loss of effectiveness from the failure of the NATO Allies to standardize equipment, to suggest standardization ac- tions, and to report these matters to the Allies and Congress and to Congress annually on them and results obtained with the Allies, was repealed and restated in section 2457 of this title by Pub. L. 97–295, §§ 1(30)(A), 6(b), Oct. 12, 1982, 96 Stat. 1294, 1314. § 2452. Duties of Secretary of Defense The Secretary of Defense shall— (1) develop and maintain the supply catalog, and the standardization program, described in section 2451 of this title; (2) direct and coordinate progressive use of the supply catalog in all supply functions within the Department of Defense from the de- termination of requirements through final dis- posal; (3) direct, review, and approve— (A) the naming, description, and pattern of description of all items; (B) the screening, consolidation, classifica- tion, and numbering of descriptions of all items; and (C) the publication and distribution of the supply catalog; (4) maintain liaison with industry advisory groups to coordinate the development of the supply catalog and the standardization pro- gram with the best practices of industry and to obtain the fullest practicable cooperation and participation of industry in developing the supply catalog and the standardization pro- gram; (5) establish, publish, review, and revise, within the Department of Defense, military specifications, standards, and lists of qualified products, and resolve differences between the military departments, bureaus, and services with respect to them; (6) assign responsibility for parts of the cat- aloging and the standardization programs to the military departments, bureaus, and serv- ices within the Department of Defense, when practical and consistent with their capacity and interest in those supplies; (7) establish time schedules for assignments made under clause (6); and (8) make final decisions in all matters con- cerned with the cataloging and standardiza- tion programs. (Aug. 10, 1956, ch. 1041, 70A Stat. 139.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2452 ......... 5:173c. July 1, 1952, ch. 539, § 5, 66 Stat. 319; 1953 Reorg. Plan No. 6, § 1(a) (as ap- plicable to Defense Supply Management Agency), eff. June 30, 1953, 67 Stat. 638. In clause (1), the word ‘‘establish’’ is omitted as sur- plusage. In clause (2), the words ‘‘provided for herein’’ and ‘‘its departments, bureaus, and services’’ are omitted as sur- plusage. In clauses (2) and (3), the words ‘‘provide for’’ are omitted as surplusage. In clause (4), the words ‘‘establish and’’ and ‘‘estab- lished by sections 173–173i of this title’’ are omitted as surplusage. In clause (5), the words ‘‘amend’’ and ‘‘promulgate’’ are omitted as surplusage. In clause (6), the words ‘‘established by sections 173–173i of this title’’ are omitted as surplusage. Clause (7) is substituted for 5:173c(f) (last 11 words). In clause (8), the word ‘‘programs’’ is substituted for the words ‘‘authority established in sections 173–173i of this title’’. The words ‘‘subject to review and modifica- tion by the Secretary of Defense’’ are omitted as sur- plusage. Statutory Notes and Related Subsidiaries REGULATIONS RELATING TO INCREASES IN PRICES FOR SPARE PARTS AND REPLACEMENT EQUIPMENT Pub. L. 98–94, title XII, § 1215, Sept. 24, 1983, 97 Stat. 688, as amended by Pub. L. 98–525, title XII, § 1244, Oct. 19, 1984, 98 Stat. 2609; Pub. L. 103–35, title II, § 204(b), May 31, 1993, 107 Stat. 102, provided that: ‘‘(a) Not later than 120 days after the date of the en- actment of this Act [Sept. 24, 1983], the Secretary of Defense shall issue regulations which— ‘‘(1) except as provided in clause (2), prohibit the purchase of any spare part or replacement equipment when the price of such part or equipment, since a time in the past specified by the Secretary (in terms of days or months) or since the most recent purchase of such part or equipment by the Department of De- fense, has increased in price by a percentage in excess of a percentage threshold specified by the Secretary in such regulations, and ‘‘(2) permit the purchase of such spare part or equipment (notwithstanding the prohibition con- tained in clause (1)) if the contracting officer for such part or equipment certifies in writing to the head of the procuring activity before the purchase is made that— ‘‘(A) such officer has evaluated the price of such part or equipment and concluded that the increase in the price of such part or equipment is fair and reasonable, or ‘‘(B) the national security interests of the United States require that such part or equipment be pur- chased despite the increase in price of such part or equipment. ‘‘(b)(1) The Secretary shall publish the regulations issued under this section in the Federal Register. ‘‘(2) The Secretary may provide in such regulations for the waiver of the prohibition in subsection (a)(1) and compliance with the requirements of subsection (a)(2) in the case of a purchase of any spare part or re- placement equipment made or to be made through com- petitive procedures. ‘‘(c) Not less than 30 days before the Secretary pub- lishes such regulations in accordance with subsection (b), the Secretary shall submit the text of the proposed regulations to the Committees on Armed Services of the Senate and House of Representatives.’’ Page 1932 TITLE 10—ARMED FORCES § 2453 REPORT ON MANAGEMENT OF ACQUISITION OF SPARE PARTS Pub. L. 98–94, title XII, § 1216, Sept. 24, 1983, 97 Stat. 688, directed Secretary of Defense to submit to Con- gress, by June 1, 1984, a comprehensive report on man- agement by Department of Defense of acquisition of initial and replenishment spare parts and on status of efforts within Department (including particularly the Defense Logistics Agency and the military depart- ments) to correct problems associated with increased costs of such parts, directed Secretary, not later than Dec. 1, 1983, to submit to Congress an interim report stating briefly the actions being taken by the Depart- ment to improve acquisition and management of spare parts, and directed Secretary to put into effect at the earliest practicable date policies and procedures to achieve a long-term solution to problems relating to excessive costs of, and long lead times in the acquisi- tion of, initial and replenishment spare parts. § 2453. Supply catalog: distribution and use The Secretary of Defense shall distribute the parts of the supply catalog described in section 2451 of this title as they are completed. Existing catalogs shall be replaced according to schedules established by the Secretary. After replacement no other supply catalog may be used within the Department of Defense with respect to the kinds of items covered by that part. All property re- ports and records shall use the nomenclature, item numbers, and descriptive data of the sup- ply catalog. (Aug. 10, 1956, ch. 1041, 70A Stat. 139.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2453 ......... 5:173d. July 1, 1952, ch. 539, § 6, 66 Stat. 320; 1953 Reorg. Plan No. 6, § 1(a) (as ap- plicable to Defense Supply Management Agency), eff. June 30, 1953, 67 Stat. 638. The words ‘‘and ready for use’’ and ‘‘all departments, bureaus, and services’’ are omitted as surplusage. The words ‘‘After replacement’’ are substituted for the word ‘‘Thereafter’’. The words ‘‘with respect to the kinds of items covered by that part’’ are inserted for clarity. § 2454. Supply catalog: new or obsolete items (a) After any part of the supply catalog de- scribed in section 2451 of this title is distributed, and with respect to the kinds of items covered by that part, only the items listed in it may be procured for recurrent use in the Department of Defense. However, a military department may acquire any new item that is necessary to carry out its mission. As soon as such an item is ac- quired, it shall be submitted to the Secretary for inclusion in the catalog and the standardiza- tion program. (b) Obsolete items may be deleted from the catalog at any time. (Aug. 10, 1956, ch. 1041, 70A Stat. 140.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2454(a) ..... 2454(b) ..... 5:173e (less last 5 words of 1st proviso). 5:173e (last 5 words of 1st proviso). July 1, 1952, ch. 539, § 7, 66 Stat. 320; 1953 Reorg. Plan No. 6, § 1(a) (as ap- plicable to Defense Supply Management Agency), eff. June 30, 1953, 67 Stat. 638. In subsection (a), the words ‘‘After any part * * * is distributed’’ are substituted for the words ‘‘Following the publication and promulgation * * * or portions thereof’’. The words ‘‘and with respect to the kinds of items covered by that part’’ are inserted for clarity. The word ‘‘recurrent’’ is substituted for the word ‘‘re- petitive’’. The words ‘‘the departments, bureaus, and services of’’ are omitted as surplusage. The second sen- tence of the revised subsection is substituted for 5:173e (1st proviso, less last 5 words; and 2d proviso). In subsection (b), the words ‘‘at any time’’ are in- serted for clarity. [§ 2455. Repealed. Pub. L. 101–510, div. A, title XIII, § 1322(a)(9), Nov. 5, 1990, 104 Stat. 1671] Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 140; Jan. 2, 1975, Pub. L. 93–608, § 2(2), 88 Stat. 1971; Dec. 21, 1982, Pub. L. 97–375, title II, § 203(c), 96 Stat. 1823, related to reports on cataloging supplies for Department of De- fense. § 2456. Coordination with General Services Ad- ministration To avoid unnecessary duplication, the Admin- istrator of General Services and the Secretary of Defense shall coordinate the cataloging and standardization activities of the General Serv- ices Administration and the Department of De- fense. (Aug. 10, 1956, ch. 1041, 70A Stat. 140.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2456 ......... 5:173i. July 1, 1952, ch. 539, § 11, 66 Stat. 320. § 2457. Standardization of equipment with North Atlantic Treaty Organization members (a) It is the policy of the United States to standardize equipment, including weapons sys- tems, ammunition, and fuel, procured for the use of the armed forces of the United States sta- tioned in Europe under the North Atlantic Trea- ty or at least to make that equipment interoper- able with equipment of other members of the North Atlantic Treaty Organization. To carry out this policy, the Secretary of Defense shall— (1) assess the costs and possible loss of non- nuclear combat effectiveness of the military forces of the members of the Organization caused by the failure of the members to stand- ardize equipment; (2) maintain a list of actions to be taken, in- cluding an evaluation of the priority and ef- fect of the action, to standardize equipment that may improve the overall nonnuclear de- fense capability of the Organization or save re- sources for the Organization; and (3) initiate and carry out, to the maximum extent feasible, procurement procedures to ac- quire standardized or interoperable equip-