
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2452]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
               CHAPTER 145--CATALOGING AND STANDARDIZATION
 
Sec. 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 
    determination of requirements through final disposal;
        (3) direct, review, and approve--
            (A) the naming, description, and pattern of description of 
        all items;
            (B) the screening, consolidation, classification, 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 
    program 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 program;
        (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 cataloging and the 
    standardization programs to the military departments, bureaus, and 
    services 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 concerned with the 
    cataloging and standardization programs.

(Aug. 10, 1956, ch. 1041, 70A Stat. 139.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
2452..................................  5:173c.                              Ju
ly 1, 1952, ch. 539, Sec.  5, 66
                                                                              S
tat. 319; 1953 Reorg. Plan No. 6,
                                                                              S
ec.  1(a) (as applicable to
                                                                              D
efense Supply Management Agency),
                                                                              e
ff. June 30, 1953, 67 Stat. 638.
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---------------------------------

    In clause (1), the word ``establish'' is omitted as surplusage.
    In clause (2), the words ``provided for herein'' and ``its 
departments, bureaus, and services'' are omitted as surplusage.
    In clauses (2) and (3), the words ``provide for'' are omitted as 
surplusage.
    In clause (4), the words ``establish and'' and ``established 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 modification by the Secretary of Defense'' are 
omitted as surplusage.


    Regulations Relating to Increases in Prices for Spare Parts and 
                          Replacement Equipment

    Pub. L. 98-94, title XII, Sec. 1215, Sept. 24, 1983, 97 Stat. 688, 
as amended by Pub. L. 98-525, title XII, Sec. 1244, Oct. 19, 1984, 98 
Stat. 2609; Pub. L. 103-35, title II, Sec. 204(b), May 31, 1993, 107 
Stat. 102, provided that:
    ``(a) Not later than 120 days after the date of the enactment 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 Defense, 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 contained 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 purchased 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 replacement equipment made or to be made through competitive 
procedures.
    ``(c) Not less than 30 days before the Secretary publishes 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.''


           Report on Management of Acquisition of Spare Parts

    Pub. L. 98-94, title XII, Sec. 1216, Sept. 24, 1983, 97 Stat. 688, 
directed Secretary of Defense to submit to Congress, by June 1, 1984, a 
comprehensive report on management 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 departments) 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 Department 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 acquisition of, initial and replenishment spare parts.
