(a) Minimum Investment.— Each fiscal year, the Secretary of a military department shall invest in the capital budgets of the covered depots of that military department a total amount equal to not less than six percent of the average total combined maintenance, repair, and overhaul workload funded at all the depots of that military department for the preceding three fiscal years.
(b) Capital Budget.— For purposes of this section, the capital budget of a depot includes investment funds spent to modernize or improve the efficiency of depot facilities, equipment, work environment, or processes in direct support of depot operations, but does not include funds spent for sustainment of existing facilities, infrastructure, or equipment.
(c) Waiver.— The Secretary of Defense may waive the requirement under subsection (a) with respect to a military department for a fiscal year if the Secretary determines that the waiver is necessary for reasons of national security. Whenever the Secretary makes such a waiver, the Secretary shall notify the congressional defense committees of the waiver and the reasons for the waiver.
(d) Annual Report.—
(1)Not later than 45 days after the date on which the President submits to Congress the budget for a fiscal year under section
1105 of title
31, the Secretary of Defense shall submit to the congressional defense committees a report containing budget justification documents summarizing the level of capital investment for each military department as of the end of the preceding fiscal year.
(2)Each report submitted under paragraph (1) shall include the following:
(A)A specification of any statutory, regulatory, or operational impediments to achieving the requirement under subsection (a) with respect to each military department.
(B)A description of the benchmarks for capital investment established for each covered depot and military department and the relationship of the benchmarks to applicable performance measurement methods used in the private sector.
(C)If the requirement under subsection (a) is not met for a military department for the fiscal year covered by the report, a statement of the reasons why the requirement was not met and a plan of actions for meeting the requirement for the fiscal year beginning in the year in which such report is submitted.
(D)Separate consideration and reporting of Navy depots and Marine Corps depots.
(E)A table showing the funded workload performed by each covered depot for the preceding three fiscal years and actual investment funds allocated to each depot for the period covered by the report.
(e) Covered Depot.— In this section, the term “covered depot” means any of the following:
(1)With respect to the Department of the Army:
(A)Anniston Army Depot, Alabama.
(B)Letterkenny Army Depot, Pennsylvania.
(C)Tobyhanna Army Depot, Pennsylvania.
(D)Corpus Christi Army Depot, Texas.
(E)Red River Army Depot, Texas.
(F)Watervliet Arsenal, New York.
(G)Rock Island Arsenal, Illinois.
(H)Pine Bluff Arsenal, Arkansas.
(I)Tooele Army Depot, Utah.
(2)With respect to the Department of the Navy:
(A)The following Navy depots:
(i)Fleet Readiness Center East Site, Cherry Point, North Carolina.
(ii)Fleet Readiness Center Southwest Site, North Island, California.
(iii)Fleet Readiness Center Southeast Site, Jacksonville, Florida.
(iv)Portsmouth Naval Shipyard, Maine.
(v)Pearl Harbor Naval Shipyard, Hawaii.
(vi)Puget Sound Naval Shipyard, Washington.
(vii)Norfolk Naval Shipyard, Virginia.
(B)The following Marine Corps depots:
(i)Marine Corps Logistics Base, Albany, Georgia.
(ii)Marine Corps Logistics Base, Barstow, California.
(3)With respect to the Department of the Air Force:
2011—Subsec. (a). Pub. L. 112–81, § 325(1), inserted “maintenance, repair, and overhaul” after “combined”.
Subsec. (b). Pub. L. 112–81, § 325(2), substituted “includes investment funds spent to modernize or improve the efficiency of depot facilities, equipment, work environment, or processes in direct support” for “includes investment funds spent on depot infrastructure, equipment, and process improvement in direct support” and inserted “, but does not include funds spent for sustainment of existing facilities, infrastructure, or equipment” before period at end.
Subsec. (d)(2)(D). Pub. L. 111–383substituted “Navy depots” for “Navy Depots”.
Subsec. (d)(2)(E). Pub. L. 112–81, § 325(3), which directed addition of subpar. (E) at end of subsec. (d), was executed by adding subpar. (E) at end of par. (2) of subsec. (d) to reflect the probable intent of Congress.
Subsec. (e)(1)(F) to (H). Pub. L. 110–417, § 327(a), added subpars. (F) to (H).
Subsec. (e)(2). Pub. L. 110–417, § 327(b)(2), inserted introductory provisions for subpars. (A) and (B), redesignated former subpars. (A) to (G) as cls. (i) to (vii), respectively, of subpar. (A) and realigned margins, and redesignated former subpars. (H) and (I) as cls. (i) and (ii), respectively, of subpar. (B) and realigned margins.
Pub. L. 109–364, div. A, title III, § 332(c),Oct. 17, 2006, 120 Stat. 2150, provided that: “Section
2476 of title
10, United States Code, as added by subsection (a), shall take effect on October 1, 2006.”
Two Year Phase-in for Departments of the Army and the Navy
“(1) Reduced percentage of required investment for fiscal years 2007 and 2008.—The Secretary of the Army shall apply subsection (a) ofsection
2476 of title 10, United States Code, as added by subsection (a), to the covered depots of the Army, and the Secretary of the Navy shall apply such subsection to the covered depots of the Department of the Navy—
“(A) for fiscal year 2007, by substituting ‘four percent’ for ‘six percent’; and
“(B) for fiscal year 2008, by substituting ‘five percent’ for ‘six percent’.
“(2) Covered depots.—In this subsection, the term ‘covered depot’ has the meaning given that term in subsection (e) ofsection
2476 of title 10, United States Code, as added by subsection (a).”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.