10 U.S.C. § 2451 — Defense supply management

Page 1929 TITLE 10—ARMED FORCES § 2451 [§ 2440. Renumbered § 4820] [§ 2441. Renumbered § 4323] [§ 2442. Renumbered § 4232] [§ 2443. Renumbered § 4328] [CHAPTER 144A—REPEALED] [§§ 2445a to 2445d. Repealed. Pub. L. 114–328, div. A, title VIII, § 846(1), Dec. 23, 2016, 130 Stat. 2292] Section 2445a, added Pub. L. 109–364, div. A, title VIII, § 816(a)(1), Oct. 17, 2006, 120 Stat. 2323; amended Pub. L. 110–417, [div. A], title VIII, § 812(a)(1), (2), Oct. 14, 2008, 122 Stat. 4525; Pub. L. 111–84, div. A, title VIII, § 841(c), Oct. 28, 2009, 123 Stat. 2418; Pub. L. 113–66, div. A, title X, § 1092(a), Dec. 26, 2013, 127 Stat. 877, defined terms for this chapter. Section 2445b, added Pub. L. 109–364, div. A, title VIII, § 816(a)(1), Oct. 17, 2006, 120 Stat. 2323; amended Pub. L. 110–417, [div. A], title VIII, § 812(b), Oct. 14, 2008, 122 Stat. 4525; Pub. L. 111–84, div. A, title VIII, § 841(a), Oct. 28, 2009, 123 Stat. 2418; Pub. L. 111–383, div. A, title VIII, § 805(b), Jan. 7, 2011, 124 Stat. 4259; Pub. L. 113–66, div. A, title X, § 1092(d)(1), Dec. 26, 2013, 127 Stat. 877; Pub. L. 114–92, div. A, title VIII, § 891(a), Nov. 25, 2015, 129 Stat. 951, related to submittal to Congress of cost, schedule, and performance information. Section 2445c, added Pub. L. 109–364, div. A, title VIII, § 816(a)(1), Oct. 17, 2006, 120 Stat. 2324; amended Pub. L. 110–417, [div. A], title VIII, § 812(c), Oct. 14, 2008, 122 Stat. 4526; Pub. L. 111–23, title I, § 101(d)(6), May 22, 2009, 123 Stat. 1710; Pub. L. 111–84, div. A, title VIII, § 841(b), Oct. 28, 2009, 123 Stat. 2418; Pub. L. 112–81, div. A, title VIII, § 811, Dec. 31, 2011, 125 Stat. 1491; Pub. L. 113–66, div. A, title X, § 1092(b), (c), (d)(2), (e), Dec. 26, 2013, 127 Stat. 877, 878; Pub. L. 113–291, div. A, title VIII, § 802, Dec. 19, 2014, 128 Stat. 3427; Pub. L. 114–92, div. A, title VIII, § 891(b), Nov. 25, 2015, 129 Stat. 952, required quar- terly reports by program managers and reports on sig- nificant changes in programs. Section 2445d, added Pub. L. 109–364, div. A, title VIII, § 816(a)(1), Oct. 17, 2006, 120 Stat. 2326; amended Pub. L. 111–84, div. A, title VIII, § 817(a), Oct. 28, 2009, 123 Stat. 2408, provided a rule of construction with other report- ing requirements. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 114–328, div. A, title VIII, § 846, Dec. 23, 2016, 130 Stat. 2292, provided in part that the repeal of this chapter is effective Sept. 30, 2017. [CHAPTER 144B—REPEALED] [SUBCHAPTER I—REPEALED] [§ 2446a. Renumbered § 4401] [§ 2446b. Renumbered § 4402] [§ 2446c. Renumbered § 4403] [SUBCHAPTER II—REPEALED] [§ 2447a. Renumbered § 4421] [§ 2447b. Renumbered § 4422] [§ 2447c. Renumbered § 4423] [§ 2447d. Renumbered § 4424] [§ 2447e. Renumbered § 4425] [SUBCHAPTER III—REPEALED] [§ 2448a. Renumbered § 4271] [§ 2448b. Renumbered § 4272] CHAPTER 145—CATALOGING AND STANDARDIZATION Sec. 2451. Defense supply management. 2452. Duties of Secretary of Defense. 2453. Supply catalog: distribution and use. 2454. Supply catalog: new or obsolete items. [2455. Repealed.] 2456. Coordination with General Services Adminis- tration. 2457. Standardization of equipment with North At- lantic Treaty Organization members. 2458. Inventory management policies. Editorial Notes AMENDMENTS 1990—Pub. L. 101–510, div. A, title III, § 323(a)(2), title XIII, § 1331(6), Nov. 5, 1990, 104 Stat. 1530, 1673, struck out item 2455 ‘‘Reports to Congress’’ and added item 2458. 1982—Pub. L. 97–295, § 1(30)(B), Oct. 12, 1982, 96 Stat. 1296, added item 2457. § 2451. Defense supply management (a) The Secretary of Defense shall develop a single catalog system and related program of standardizing supplies for the Department of De- fense. (b) In cataloging, the Secretary shall name, describe, classify, and number each item recur- rently used, bought, stocked, or distributed by the Department of Defense, so that only one dis- tinctive combination of letters or numerals, or both, identifies the same item throughout the Department of Defense. Only one identification may be used for each item for all supply func- tions from purchase to final disposal in the field or other area. The catalog may consist of a num- ber of volumes, sections, or supplements. It shall include all items of supply and, for each Page 1930 TITLE 10—ARMED FORCES § 2451 item, information needed for supply operations, such as descriptive and performance data, size, weight, cubage, packaging and packing data, a standard quantitative unit of measurement, and other related data that the Secretary deter- mines to be desirable. (c) In standardizing supplies the Secretary shall, to the highest degree practicable— (1) standardize items used throughout the Department of Defense by developing and using single specifications, eliminating over- lapping and duplicate specifications, and re- ducing the number of sizes and kinds of items that are generally similar; (2) standardize the methods of packing, packaging, and preserving such items; and (3) make efficient use of the services and fa- cilities for inspecting, testing, and accepting such items. (d) The Secretary shall coordinate with the Administrator of General Services to enable the use of commercial identifiers for commercial products (as defined in section 103 of title 41) within the Federal cataloging system. (Aug. 10, 1956, ch. 1041, 70A Stat. 138; Pub. L. 85–861, § 33(a)(13), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 108–136, div. A, title III, § 341, Nov. 24, 2003, 117 Stat. 1448; Pub. L. 115–232, div. A, title VIII, § 836(e)(9), Aug. 13, 2018, 132 Stat. 1870.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 2451(a) ..... 2451(b) ..... 2451(c) ..... 5:173. 5:173b(a). 5:173b(b). July 1, 1952, ch. 539, §§ 2, 4, 66 Stat. 318, 319; 1953 Reorg. Plan No. 6, § 1(a) (as applicable to De- fense Supply Manage- ment Agency), eff. June 30, 1953, 67 Stat. 638. In subsection (a), the words ‘‘for the Department of Defense’’ are inserted for clarity. 5:173 (1st sentence) is omitted as impliedly repealed by section 2 of 1953 Reor- ganization Plan No. 6, effective June 30, 1953, 67 Stat. 638. In subsection (b), the words ‘‘or any of the depart- ments thereof’’, ‘‘in such manner’’, ‘‘original’’, and ‘‘necessary or’’ are omitted as surplusage. The words ‘‘throughout the Department of Defense’’ are sub- stituted for the words ‘‘either within a bureau or serv- ice, between bureaus or services, or between the depart- ments’’. The word ‘‘recurrently’’ is substituted for the word ‘‘repetitively’’. The words ‘‘Only one identifica- tion may’’ are substituted for the words ‘‘The single item identification shall’’. In subsection (c), the words ‘‘the most’’ are omitted as surplusage. The words ‘‘to the highest degree prac- ticable’’ are substituted for the words ‘‘achieve the highest practicable degree possible’’ and ‘‘The greatest practicable degree of standardization * * * shall be achieved’’. 1958 ACT The change makes clear that clauses (2) and (3) apply to all items, whether or not standardized, used throughout the Department of Defense. Editorial Notes AMENDMENTS 2018—Subsec. (d). Pub. L. 115–232 substituted ‘‘com- mercial products (as defined in section 103 of title 41)’’ for ‘‘commercial items’’. 2003—Subsec. (d). Pub. L. 108–136 added subsec. (d). 1958—Subsec. (c). Pub. L. 85–861 substituted ‘‘such’’ for ‘‘standardized’’ in cl. (2), and ‘‘such’’ for ‘‘those’’ in cl. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amend- ment; Savings Provision note under section 453b of Title 6, Domestic Security. EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title. DEFENSE-WIDE ELECTRONIC MALL SYSTEM FOR SUPPLY PURCHASES Pub. L. 105–261, div. A, title III, § 332, Oct. 17, 1998, 112 Stat. 1968, provided that: ‘‘(a) ELECTRONIC MALL SYSTEM DEFINED.—In this sec- tion, the term ‘electronic mall system’ means an elec- tronic system for displaying, ordering, and purchasing supplies and materiel available from sources within the Department of Defense and from the private sector. ‘‘(b) DEVELOPMENT AND MANAGEMENT.—(1) Using sys- tems and technology available in the Department of Defense as of the date of the enactment of this Act [Oct. 17, 1998], the Joint Electronic Commerce Program Office of the Department of Defense shall develop a sin- gle, defense-wide electronic mall system, which shall provide a single, defense-wide electronic point of entry and a single view, access, and ordering capability for all Department of Defense electronic catalogs. The Sec- retary of each military department and the head of each Defense Agency shall provide to the Joint Elec- tronic Commerce Program Office the necessary and re- quested data to ensure compliance with this paragraph. ‘‘(2) The Defense Logistics Agency, under the direc- tion of the Joint Electronic Commerce Program Office, shall be responsible for maintaining the defense-wide electronic mall system developed under paragraph (1). ‘‘(c) ROLE OF CHIEF INFORMATION OFFICER.—The Chief Information Officer of the Department of Defense shall be responsible for— ‘‘(1) overseeing the elimination of duplication and overlap among Department of Defense electronic catalogs; and ‘‘(2) ensuring that such catalogs utilize tech- nologies and formats compliant with the require- ments of subsection (b). ‘‘(d) IMPLEMENTATION.—Within 180 days after the date of the enactment of this Act, the Chief Information Of- ficer shall develop and provide to the congressional de- fense committees [Committees on Armed Services and Appropriations of Senate and House of Representa- tives]— ‘‘(1) an inventory of all existing and planned elec- tronic mall systems in the Department of Defense; and ‘‘(2) a schedule for ensuring that each such system is compliant with the requirements of subsection (b).’’ STANDARDIZATION AND INTEROPERABILITY OF NATO WEAPONS Pub. L. 94–361, title VIII, § 803, July 14, 1976, 90 Stat. 930, which expressed the sense of Congress that the weapons systems of the NATO Allies be standardized and interoperable, that this goal would be facilitated by inter-allied procurement of arms and closer intra- European collaboration in arms procurement, and di- rected the Secretary of Defense to negotiate with the Allies toward these ends and to report to Congress on actions and programs undertaken to achieve them, was repealed and restated in section 2457 of this title by 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.’’