10 U.S.C. § 2458 — Inventory management policies

Page 1934 TITLE 10—ARMED FORCES § 2458 Congress required by section 302(c) of Public Law 93–365, as amended’’ are omitted as unnecessary be- cause of the restatement. In subsection (d)(2), the words ‘‘The report required under section 302(c) of Public Law 93–365 shall include’’ are omitted as unnecessary because of the restatement. In subsection (d)(3), the words ‘‘he shall report that fact to the Congress in the annual report required under section 302(c) of Public Law 93–365, as amended’’ are omitted as unnecessary because of the restatement. In subsection (d)(4), the words ‘‘The Secretary of De- fense shall, in the reports required by section 302(c) of Public Law 93–365, as amended’’ are omitted as unnec- essary because of the restatement. In subsection (d)(5), the words ‘‘if none exist’’ are sub- stituted for ‘‘In the absence of such common require- ments’’ to eliminate unnecessary words. The words ‘‘the Secretary shall include a discussion of the’’ are omitted as unnecessary because of the restatement. In subsection (d)(6), the words ‘‘The Secretary of De- fense shall also report on’’ are omitted as unnecessary because of the restatement. In subsection (d)(7), the words ‘‘those programs’’ are substituted for ‘‘all such existing and planned pro- grams’’ and ‘‘all such programs’’ to eliminate unneces- sary words. In subsection (f), the words ‘‘The Secretary shall sub- mit the results of these . . . to Congress’’ are omitted as unnecessary because of the source provisions re- stated in subsection (d)(1). The word ‘‘submit’’ is sub- stituted for ‘‘cause to be brought’’ to eliminate unnec- essary words. The words ‘‘in order that the suggested actions and recommendations can’’ are omitted as un- necessary because of the restatement. Editorial Notes AMENDMENTS 2011—Subsec. (e). Pub. L. 111–350 substituted ‘‘section 8302 of title 41’’ for ‘‘section 2 of the Buy American Act (41 U.S.C. 10a)’’. 2003—Subsec. (d). Pub. L. 108–136 struck out subsec. (d) which related to Secretary’s biennial submission of report to Congress. 1996—Subsec. (e). Pub. L. 104–106 substituted ‘‘the Buy American Act (41 U.S.C. 10a)’’ for ‘‘title III of the Act of March 3, 1933 (41 U.S.C. 10a),’’. 1990—Subsec. (d). Pub. L. 101–510 substituted ‘‘Before February 1, 1989, and biennially thereafter’’ for ‘‘Before February 1 of each year’’. § 2458. Inventory management policies (a) POLICY REQUIRED.—The Secretary of De- fense shall issue a single, uniform policy on the management of inventory items of the Depart- ment of Defense. Such policy shall— (1) establish maximum levels for inventory items sufficient to achieve and maintain only those levels for inventory items necessary for the national defense; (2) provide guidance to item managers and other appropriate officials on how effectively to eliminate wasteful practices in the acquisi- tion and management of inventory items; and (3) set forth a uniform system for the valu- ation of inventory items by the military de- partments and Defense Agencies. (b) PERSONNEL EVALUATIONS.—The Secretary of Defense shall establish procedures to ensure that, with regard to item managers and other personnel responsible for the acquisition and management of inventory items of the Depart- ment of Defense, personnel appraisal systems for such personnel give appropriate consideration to efforts made by such personnel to eliminate wasteful practices and achieve cost savings in the acquisition and management of inventory items. (Added Pub. L. 101–510, div. A, title III, § 323(a)(1), Nov. 5, 1990, 104 Stat. 1530; amended Pub. L. 102–190, div. A, title III, § 347(a), Dec. 5, 1991, 105 Stat. 1347.) Editorial Notes AMENDMENTS 1991—Subsec. (a)(3). Pub. L. 102–190 added par. (3). Statutory Notes and Related Subsidiaries IMPLEMENTATION OF 1991 AMENDMENT Secretary of Defense to establish uniform system of valuation described in subsec. (a)(3) of this section not later than 180 days after Dec. 5, 1991, see section 347(c) of Pub. L. 102–190, set out as a note under section 2721 of this title. MANAGEMENT OF CONVENTIONAL AMMUNITION INVENTORY Pub. L. 113–291, div. A, title III, § 352(a), (b), Dec. 19, 2014, 128 Stat. 3347, provided that: ‘‘(a) CONSOLIDATION OF DATA.—Not later than 240 days after the date of the enactment of this Act [Dec. 19, 2014], the Under Secretary of Defense for Acquisition, Technology, and Logistics shall issue Department-wide guidance designating an authoritative source of data for conventional ammunition. Not later than 10 days after issuing the guidance required by this subsection, the Under Secretary shall notify the congressional de- fense committees [Committees on Armed Services and Appropriations of the Senate and the House of Rep- resentatives] on what source of data has been des- ignated under this subsection. ‘‘(b) ANNUAL REPORT.—The Secretary of the Army shall include in the appropriate annual ammunition in- ventory reports, as determined by the Secretary, infor- mation on all available ammunition for use during the redistribution process, including any ammunition that was unclaimed and categorized for disposal by another military service during a year before the year during which the report is submitted.’’ IMPROVEMENT OF INVENTORY MANAGEMENT PRACTICES Pub. L. 111–84, div. A, title III, § 328, Oct. 28, 2009, 123 Stat. 2255, which required the Secretary to submit to Congress a comprehensive plan for improving the in- ventory management systems of the military depart- ments and the Defense Logistics Agency to reduce the acquisition and storage of secondary excess inventory, was repealed by Pub. L. 115–232, div. A, title VIII, § 812(b)(44), Aug. 13, 2018, 132 Stat. 1850. REPORT ON INVENTORY AND CONTROL OF MILITARY EQUIPMENT Pub. L. 106–65, div. A, title III, § 363, Oct. 5, 1999, 113 Stat. 576, provided that not later than Aug. 31, 2000, the Secretary of Defense was to submit to the Committees on Armed Services of the Senate and the House of Rep- resentatives a report on the inventory and control of the military equipment of the Department of Defense as of the end of fiscal year 1999, and that not later than Nov. 30, 2000, the Inspector General of the Department of Defense was to review the report and submit com- ments to the committees. BEST COMMERCIAL INVENTORY PRACTICES FOR MANAGEMENT OF SECONDARY SUPPLY ITEMS Pub. L. 105–261, div. A, title III, § 347, Oct. 17, 1998, 112 Stat. 1980, which related to implementation of the best commercial inventory practices for the acquisition and distribution of secondary supply items, was repealed by Page 1935 TITLE 10—ARMED FORCES § 2458 Pub. L. 115–232, div. A, title VIII, § 812(b)(45), Aug. 13, 2018, 132 Stat. 1850. INVENTORY MANAGEMENT OF IN-TRANSIT ITEMS Pub. L. 105–261, div. A, title III, § 349, Oct. 17, 1998, 112 Stat. 1981, as amended by Pub. L. 106–398, § 1 [[div. A], title III, § 386], Oct. 30, 2000, 114 Stat. 1654, 1654A–88, which required a comprehensive plan to ensure visi- bility over all in-transit end items and secondary items, was repealed by Pub. L. 115–232, div. A, title VIII, § 812(b)(46), Aug. 13, 2018, 132 Stat. 1850. INVENTORY MANAGEMENT Pub. L. 105–85, div. A, title III, § 395, Nov. 18, 1997, 111 Stat. 1718, which required the Director of the Defense Logistics Agency to develop and submit to Congress a schedule for implementing the best commercial inven- tory practices for the acquisition and distribution of supplies and equipment consistent with military re- quirements, was repealed by Pub. L. 115–232, div. A, title VIII, § 812(b)(47), Aug. 13, 2018, 132 Stat. 1850. DIRECT VENDOR DELIVERY SYSTEM FOR CONSUMABLE INVENTORY ITEMS OF DEPARTMENT OF DEFENSE Pub. L. 104–106, div. A, title III, § 352, Feb. 10, 1996, 110 Stat. 266, provided that: ‘‘(a) IMPLEMENTATION OF DIRECT VENDOR DELIVERY SYSTEM.—Not later than September 30, 1997, the Sec- retary of Defense shall, to the maximum extent prac- ticable, implement a system under which consumable inventory items referred to in subsection (b) are deliv- ered to military installations throughout the United States directly by the vendors of those items. The pur- pose for implementing the system is to reduce the ex- pense and necessity of maintaining extensive ware- houses for those items within the Department of De- fense. ‘‘(b) COVERED ITEMS.—The items referred to in sub- section (a) are the following: ‘‘(1) Food and clothing. ‘‘(2) Medical and pharmaceutical supplies. ‘‘(3) Automotive, electrical, fuel, and construction supplies. ‘‘(4) Other consumable inventory items the Sec- retary considers appropriate.’’ DATE OF ISSUANCE OF POLICY Pub. L. 101–510, div. A, title III, § 323(b), Nov. 5, 1990, 104 Stat. 1530, provided that: ‘‘The policy required by section 2458(a) of title 10, United States Code (as added by subsection (a)), shall be issued not later than 180 days after the date of the enactment of this Act [Nov. 5, 1990].’’ CHAPTER 146—CONTRACTING FOR PER- FORMANCE OF CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS Sec. 2460. Definition of depot-level maintenance and re- pair. 2461. Public-private competition required before conversion to contractor performance. 2461a. Development and implementation of system for monitoring cost saving resulting from public-private competitions. [2462. Repealed.] 2463. Guidelines and procedures for use of civilian employees to perform Department of De- fense functions. 2464. Core logistics capabilities. 2465. Prohibition on contracts for performance of firefighting or security-guard functions. 2466. Limitations on the performance of depot- level maintenance of materiel. [2467, 2468. Repealed.] 2469. Contracts to perform workloads previously performed by depot-level activities of the Department of Defense: requirement of competition. Sec. [2469a. Repealed.] 2470. Depot-level activities of the Department of Defense: authority to compete for mainte- nance and repair workloads of other Federal agencies. [2471. Repealed.] 2472. Prohibition on management of depot employ- ees by end strength. 2473. Annual five-year plans on improvement of depot infrastructure. 2474. Centers of Industrial and Technical Excel- lence: designation; public-private partner- ships. 2475. Consolidation, restructuring, or re- engineering of organizations, functions, or activities: notification requirements. 2476. Minimum capital investment for certain de- pots. Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, div. A, title III, § 373, Dec. 23, 2022, 136 Stat. 2540, added item 2473. Item was added after item 2472 to reflect the probable intent of Con- gress, notwithstanding directory language conforming this analysis to the addition of section 2473 after sec- tion ‘‘2742’’ of this title. 2014—Pub. L. 113–291, div. A, title X, § 1060(a)(2)(B), Dec. 19, 2014, 128 Stat. 3502, struck out item 2462 ‘‘Re- ports on public-private competition’’. 2013—Pub. L. 112–239, div. A, title III, § 322(b)(2)(B), Jan. 2, 2013, 126 Stat. 1695, substituted ‘‘Core logistics capabilities’’ for ‘‘Core depot-level maintenance and re- pair capabilities’’ in item 2464. 2011—Pub. L. 112–81, div. A, title III, § 327(b), Dec. 31, 2011, 125 Stat. 1368, substituted ‘‘Core depot-level main- tenance and repair capabilities’’ for ‘‘Core logistics ca- pabilities’’ in item 2464. Pub. L. 111–383, div. A, title VIII, § 822(b), Jan. 7, 2011, 124 Stat. 4268, struck out item 2473 ‘‘Procurements from the small arms production industrial base’’. 2008—Pub. L. 110–181, div. A, title III, §§ 322(d), 324(a)(2), Jan. 28, 2008, 122 Stat. 60, 61, added item 2463 and struck out item 2467 ‘‘Cost comparisons: inclusion of retirement costs; consultation with employees; waiv- er of comparison’’. 2006—Pub. L. 109–364, div. A, title III, § 332(b), Oct. 17, 2006, 120 Stat. 2150, added item 2476. Pub. L. 109–163, div. A, title III, § 341(g)(4), Jan. 6, 2006, 119 Stat. 3200, substituted ‘‘Public-private competition required’’ for ‘‘Commercial or industrial type func- tions: required studies and reports’’ in item 2461, ‘‘De- velopment and implementation of system for moni- toring cost saving resulting from public-private com- petitions’’ for ‘‘Development of system for monitoring cost savings resulting from workforce reductions’’ in item 2461a, and ‘‘Reports on public-private competi- tion’’ for ‘‘Contracting for certain supplies and services required when cost is lower’’ in item 2462 and struck out item 2463 ‘‘Collection and retention of cost infor- mation data on converted services and functions’’. 2004—Pub. L. 108–375, div. A, title III, § 322(b)(2), Oct. 28, 2004, 118 Stat. 1846, substituted ‘‘Prohibition on management of depot employees by end strength’’ for ‘‘Management of depot employees’’ in item 2472. 2002—Pub. L. 107–314, div. A, title III, § 333(b), Dec. 2, 2002, 116 Stat. 2514, struck out item 2469a ‘‘Use of com- petitive procedures in contracting for performance of depot-level maintenance and repair workloads formerly performed at certain military installations’’. 2001—Pub. L. 107–107, div. A, title X, § 1048(e)(10)(B), Dec. 28, 2001, 115 Stat. 1228, struck out item 2468 ‘‘Mili- tary installations: authority of base commanders over contracting for commercial activities’’. 2000—Pub. L. 106–398, § 1 [[div. A], title III, §§ 341(g)(2), 353(b), 354(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–64, 1654A–73, 1654A–75, added items 2461a and 2475 and