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10 U.S.C. § 2476 — Minimum capital investment for certain depots
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
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Source location: Title 10, Chapter 146, § 2476; chapter-146-contracting-for-performance-of-civilian-commercial-or-industrial-type-functions.md
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**(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. Whenever the Secretary makes such a waiver, the Secretary shall notify the congressional defense committees of the waiver and the reasons for the waiver.
**(e) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), 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)(1) 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)(1) 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.
(F) A table enumerating, for the period covered by the report, the amounts invested to meet the requirement under subsection (a)(1), disaggregated by funding source and whether the amount is allocated pursuant to subparagraph (A) or subparagraph (B) of subsection (a)(2).
**(f) 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:
(A) Warner-Robins Air Logistics Center, Georgia.
(B) Ogden Air Logistics Center, Utah.
(C) Oklahoma City Air Logistics Center, Oklahoma.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of Defense may carry out a military construction project, not previously authorized, for the purpose of carrying out activities under [section 2474(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2474/a/2&num=0&edition=prelim), using funds appropriated or otherwise made available for that purpose in military construction accounts.
**(b) Crediting of Funds to Capital Budget.—** Funds appropriated or otherwise made available in a fiscal year for the purpose of carrying out a military construction project with respect to a covered depot (as defined in subsection (f) of [section 2476 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2476&num=0&edition=prelim)) may be credited to the amount required by subsection (a)(1) of such section to be invested in the capital budgets of the covered depots in that fiscal year.
**(c) Notice and Wait Requirement.—** When a decision is made to carry out a project under subsection (a), the Secretary of Defense shall notify the appropriate committees of Congress of that decision and the savings estimated to be realized from the project. The project may then be carried out only after the end of the 14-day period beginning on the date the notification is received by such committees in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2861
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 239d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission.—** As part of the annual budget submission of the President under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), each Secretary of a military department shall submit to the congressional defense committees a plan describing the objectives of that Secretary to improve depot infrastructure during the five fiscal years following the fiscal year for which such budget is submitted.
**(b) Elements.—** Each plan submitted by a Secretary of a military department under subsection (a) shall include the following:
(1) With respect to the five-year period covered by the plan, an identification of the major lines of effort, milestones, and specific goals of the Secretary over such period relating to the improvement of depot infrastructure and a description of how such goals support the goals outlined in section 359(b)(1)(B) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1324; [10 U.S.C. 2476](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2476&num=0&edition=prelim) note).
(2) The estimated costs of necessary depot infrastructure improvements and a description of how such costs would be addressed by the Department of Defense budget request submitted during the same year as the plan and the applicable future-years defense program.
(3) Information regarding the plan of the Secretary to initiate such environmental and engineering studies as may be necessary to carry out planned depot infrastructure improvements.
(4) Detailed information regarding how depot infrastructure improvement projects will be paced and sequenced to ensure continuous operations.
**(c) Incorporation of Results-oriented Management
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2473
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Federal law — U.S. Code and appendices · legal_authorities
Page 1957
TITLE 10—ARMED FORCES
§ 2476
Editorial Notes
AMENDMENTS
2017—Subsec. (a). Pub. L. 115–91 amended subsec. (a)
generally. Prior to amendment, subsec. (a) required the
Secretary of Defense to submit the Strategic Sourcing
Plan of Action to Congress annually.
§ 2476. Minimum capital investment for certain
depots
(a) MINIMUM INVESTMENT.—(1) Each fiscal year,
the Secretary of a military department shall in-
vest in the capital budgets of the covered depots
of that military department a total amount
equal to not less than eight percent of the aver-
age 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 mod-
ernization or improvement of the efficiency of
depot facilities, equipment, work environ-
ment, 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 sec-
tion, the capital budget of a depot includes in-
vestment funds spent to modernize or improve
the efficiency of depot facilities, equipment,
work environment, or processes in direct sup-
port of depot operations.
(c) COMPLIANCE WITH CERTAIN REQUIREMENTS
RELATING TO PERSONNEL AND TOTAL FORCE MAN-
AGEMENT.—In identifying amounts to invest pur-
suant to the requirement under subsection
(a)(1), the Secretary of
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2476
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