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10 U.S.C. § 239d — Budgeting for depot and ammunition production facility maintenance and repair: annual report
Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual Report.—** The Secretary of Defense, in coordination with the Secretaries of the military departments, shall include with the defense budget materials for each fiscal year a report regarding the maintenance and repair of covered facilities.
**(b) Elements.—** Each report required under subsection (a) shall include, at a minimum, the following (disaggregated by military department):
(1) With respect to each of the three fiscal years preceding the fiscal year covered by the defense budget materials with which the report is included, revenue data for that fiscal year for the maintenance, repair, and overhaul workload funded at all the depots of the military department.
(2) With respect to the fiscal year covered by the defense budget materials with which the report is included and each of the two fiscal years prior, an identification of the following:
(A) The amount of appropriations budgeted for that fiscal year for depots, further disaggregated by the type of appropriation.
(B) The amount budgeted for that fiscal year for working-capital fund investments by the Secretary of the military department for the capital budgets of the covered depots of the military department, shown in total and further disaggregated by whether the investment relates to the efficiency of depot facilities, work environment, equipment, equipment (non-capital investment program), or processes.
(C) The total amount required to be invested by the Secretary of the military department for that fiscal year for the capital budgets of covered depots pursuant to [section 2476(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2476/a&num=0&edition=prelim).
(D) A comparison of the budgeted amount identified under subparagraph (B) with th
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Source file: Laws/federal/codes/united-states-code/title-10/section-239d-budgeting-for-depot-and-ammunition-production-facility-maintenance-and-r--82804cbec1.md
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Source location: Title 10, Chapter 9, § 239d; chapter-009-defense-budget-matters.md
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**(a) Annual Report.—** The Secretary of Defense, in coordination with the Secretaries of the military departments, shall include with the defense budget materials for each fiscal year a report regarding the maintenance and repair of covered facilities.
**(b) Elements.—** Each report required under subsection (a) shall include, at a minimum, the following (disaggregated by military department):
(1) With respect to each of the three fiscal years preceding the fiscal year covered by the defense budget materials with which the report is included, revenue data for that fiscal year for the maintenance, repair, and overhaul workload funded at all the depots of the military department.
(2) With respect to the fiscal year covered by the defense budget materials with which the report is included and each of the two fiscal years prior, an identification of the following:
(A) The amount of appropriations budgeted for that fiscal year for depots, further disaggregated by the type of appropriation.
(B) The amount budgeted for that fiscal year for working-capital fund investments by the Secretary of the military department for the capital budgets of the covered depots of the military department, shown in total and further disaggregated by whether the investment relates to the efficiency of depot facilities, work environment, equipment, equipment (non-capital investment program), or processes.
(C) The total amount required to be invested by the Secretary of the military department for that fiscal year for the capital budgets of covered depots pursuant to [section 2476(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2476/a&num=0&edition=prelim).
(D) A comparison of the budgeted amount identified under subparagraph (B) with the total required amount identified under subparagraph (C).
(E) For each covered depot of the military department, of the total required amount identified under subparagraph (C), the percentage of such amount allocated, or projected to be allocated, to the covered depot for that fiscal year.
(3) For each covered facility of the military department, the following:
(A) Information on the average facility condition, average critical facility condition, restoration and maintenance project backlog, and average equipment age, including a description of any changes in such metrics from previous years.
(B) Information on the status of the implementation at the covered facility of the plans and strategies of the Department of Defense relating to covered facility improvement, including, as applicable, the implementation of the strategy required under section 359 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1323; [10 U.S.C. 2460](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2460&num=0&edition=prelim) 11 See References in Text note below. note).
**(c) Definitions.—** In this section:
(1) The term “ammunition production facility” means an ammunition organic industrial base production facility.
(2) The terms “budget” and “defense budget materials” have the meaning given those terms in [section 234 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section234&num=0&edition=prelim).
(3) The term “covered depot” has the meaning given that term in [section 2476 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2476&num=0&edition=prelim).
(4) The term “covered facility” means a covered depot or an ammunition production facility.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In this chapter, the term “depot-level maintenance and repair” means (except as provided in subsection (b)) material maintenance or repair requiring the overhaul, upgrading, or rebuilding of parts, assemblies, or subassemblies, and the testing and reclamation of equipment as necessary, regardless of the source of funds for the maintenance or repair or the location at which the maintenance or repair is performed. The term includes (1) all aspects of software maintenance classified by the Department of Defense as of July 1, 1995, as depot-level maintenance and repair, and (2) interim contractor support or contractor logistics support (or any similar contractor support), to the extent that such support is for the performance of services described in the preceding sentence.
**(b) Exceptions.—**
(1) The term does not include the procurement of major modifications or upgrades of weapon systems that are designed to improve program performance or the nuclear refueling or defueling of an aircraft carrier and any concurrent complex overhaul. A major upgrade program covered by this exception could continue to be performed by private or public sector activities.
(2) The term also does not include the procurement of parts for safety modifications. However, the term does include the installation of parts for that purpose.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2460
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Minimum Investment.—**
(1) 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 eight 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.
(2) Of the amount required to be invested in the capital budgets of the covered depots of a military department under paragraph (1) for each fiscal year—
(A) 75 percent shall be used for the modernization or improvement of the efficiency of depot facilities, equipment, work environment, or processes in direct support of depot operations; and
(B) 25 percent shall be used for the sustainment, restoration, and modernization (as such terms are defined in the Department of Defense Financial Management Regulation 7000.14–R, or successor regulation) of existing facilities or infrastructure.
**(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.
**(c) Compliance With Certain Requirements Relating to Personnel and Total Force Management.—** In identifying amounts to invest pursuant to the requirement under subsection (a)(1), the Secretary of a military department shall comply with all applicable requirements of sections 129 and 129a of this title.
**(d) Waiver.—** The Secretary of Defense may waive the requirement under subsection (a)(1) with respect to a military department for a fiscal year if the Secretary determines that the waiver is necessary for reasons of national security. Wh
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2476
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission With Annual Budget Justification Documents.—** The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for a fiscal year, a consolidated budget justification display, in classified and unclassified form, that covers all programs and activities of Department of Defense POW/MIA accounting and recovery organizations.
**(b) Requirements for Budget Display.—** The budget display under subsection (a) for a fiscal year shall include for each such organization the following:
(1) A statement of what percentage of the requirements originally requested by the organization in the budget review process that the budget requests funds for.
(2) A summary of actual or estimated expenditures by that organization for the fiscal year during which the budget is submitted and for the fiscal year preceding that year.
(3) The amount in the budget for that organization.
(4) A detailed explanation of the shortfalls, if any, in the funding of any requirement shown pursuant to paragraph (1), when compared to the amount shown pursuant to paragraph (3).
(5) The budget estimate for that organization for the five fiscal years after the fiscal year for which the budget is submitted.
**(c) Department of Defense POW/MIA Accounting and Recovery Organizations.—** In this section, the term “Department of Defense POW/MIA accounting and recovery organization” means any of the following (and any successor organization):
(1) The Defense Prisoner of War/Missing Personnel Office (DPMO).
(2) The Joint POW/MIA Accounting Command (JPAC).
(3) The Armed Forces DNA Identification Laboratory (AFDIL).
(4) The Life Sciences Equipment Laboratory (LSEL) of the Air Force.
(5) Any other element of the Department of Defense the mission of which (as designated by
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Federal law — U.S. Code and appendices · legal_authorities
Page 327
TITLE 10—ARMED FORCES
§ 239e
1 See References in Text note below.
§ 239d. Budgeting for depot and ammunition pro-
duction facility maintenance and repair: an-
nual report
(a) ANNUAL REPORT.—The Secretary of De-
fense, in coordination with the Secretaries of
the military departments, shall include with the
defense budget materials for each fiscal year a
report regarding the maintenance and repair of
covered facilities.
(b) ELEMENTS.—Each report required under
subsection (a) shall include, at a minimum, the
following (disaggregated by military depart-
ment):
(1) With respect to each of the three fiscal
years preceding the fiscal year covered by the
defense budget materials with which the re-
port is included, revenue data for that fiscal
year for the maintenance, repair, and overhaul
workload funded at all the depots of the mili-
tary department.
(2) With respect to the fiscal year covered by
the defense budget materials with which the
report is included and each of the two fiscal
years prior, an identification of the following:
(A) The amount of appropriations budg-
eted for that fiscal year for depots, further
disaggregated by the type of appropriation.
(B) The amount budgeted for that fiscal
year for working-capital fund investments
by the Secretary of the military department
for the capital budgets of the covered depots
of the military department, shown in total
and further disaggregated by whether the in-
vestment relates to the efficiency of depot
facilities, work environment, equipment,
equipment
(non-capital
investment
pro-
gram), or processes.
(C) The total amount required to be in-
vested by the Secretary of the military de-
partment for that fiscal year for the capital
budgets of covered depots pursuant to sec-
tion 247
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 239d
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Federal law — U.S. Code and appendices · legal_authorities
Page 1936
TITLE 10—ARMED FORCES
§ 2460
struck out item 2471 ‘‘Persons outside the Department
of Defense: lease of excess depot-level equipment and
facilities by’’.
1999—Pub. L. 106–65, div. A, title III, § 342(b)(2), Oct. 5,
1999, 113 Stat. 569, added item 2467 and struck former
item 2467 ‘‘Cost comparisons: requirements with re-
spect to retirement costs and consultation with em-
ployees’’.
1997—Pub. L. 105–85, div. A, title III, §§ 355(c)(1), 356(b),
359(a)(2), 361(a)(2), 385(b), Nov. 18, 1997, 111 Stat. 1694,
1695, 1699, 1701, 1712, added item 2460, substituted ‘‘Col-
lection and retention of cost information data on con-
verted services and functions’’ for ‘‘Reports on savings
or costs from increased use of DOD civilian personnel’’
in item 2463 and ‘‘capabilities’’ for ‘‘functions’’ in item
2464, and added items 2469a and 2474.
1996—Pub. L. 104–201, div. A, title VIII, § 832(b), Sept.
23, 1996, 110 Stat. 2616, added item 2473.
Pub. L. 104–106, div. A, title III, § 312(d), Feb. 10, 1996,
110 Stat. 251, added item 2472.
Pub. L. 104–106, div. A, title III, § 311(f)(2), Feb. 10,
1996, 110 Stat. 248, which directed striking out items
2466 and 2469, was repealed by Pub. L. 105–85, div. A,
title III, § 363, Nov. 18, 1997, 111 Stat. 1702.
1994—Pub. L. 103–337, div. A, title III, §§ 335(b), 336(b),
Oct. 5, 1994, 108 Stat. 2717, added items 2470 and 2471.
1992—Pub. L. 102–484, div. A, title III, § 353(b), Oct. 23,
1992, 106 Stat. 2379, added item 2469.
1991—Pub. L. 102–190, div. A, title III, § 314(a)(2), Dec.
5, 1991, 105 Stat. 1337, substituted ‘‘Limitations on the
performance of depot-level maintenance of materiel’’
for ‘‘Prohibition on certain depot maintenance work-
load competitions’’ in item 2466.
1989—Pub. L. 101–189, div. A, title XI, § 11
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2460
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