Page:United States Statutes at Large Volume 105 Part 2.djvu/386

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105 STAT. 1338 PUBLIC LAW 102-190—DEC. 5, 1991 10 USC 2208 SEC. 316. LIMITATIONS ON THE USE OF DEFENSE BUSINESS OPERATIONS note. FUND. (a) MANAGEMENT METHOD.— During the period beginning on the date of the enactment of this Act and ending on April 15, 1993, the Secretary of Defense may manage the performance of the workingcapital funds and industrial, commercial, and support type activities described in subsection (b) through the use of a single Defense Business Operations Fund. Except for the funds and activities specified in subsection (b), no other functions, activities, funds, or accounts of the Department of Defense may be managed through the Defense Business Operations Fund. (b) FUNDS AND ACTIVITIES INCLUDED. —The funds and activities referred to in subsection (a) are— (1) working-capital funds established under section 2208 of title 10, United States Code, and in existence on the date of the enactment of this Act; (2) those activities that, on the date of the enactment of this Act, are funded through the use of a working-capital fund established under that section; and (3) the Defense Finance and Accounting Service, the Defense Industrial Plant Equipment Center, the Defense Commissary Agency, the Defense Technical Information Service, and the Defense Reutilization and Marketing Service. SEC. 317. ACQUISITION OF INVENTORY. (a) LIMITATION.— Chapter 131 of title 10, United States Code, is amended by inserting after section 2212 the following new section: "§ 2213. Limitation on acquisition of excess supplies "(a) Two-YEAR SUPPLY. —The Secretary of Defense may not incur any obligation against a stock fund of the Department of Defense for the acquisition of any item of supply if that acquisition is likely to result in an on-hand inventory (excluding war reserves) of that item of supply in excess of two years of operating stocks. "Q)) EXCEPTIONS.—The head of a procuring activity may authorize the acquisition of an item of supply in excess of the limitation contained in subsection (a) if that activity head determines in writing— "(1) that the acquisition is necessary to achieve an economical order quantity and will not result in an on-hand inventory (excluding war reserves) in excess of three years of operating stocks and that the need for the item is unlikely to decline during the period for which the acquisition is made; or "(2) that the acquisition is necessary for purposes of maintaining the industrial base or for other reasons of national security.". (b) CLERICAL AMENDMENT.— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2212 the following new item: "2213. Limitation on acquisition of excess supplies.".