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10 U.S.C. § 2466 — Limitations on the performance of depot-level maintenance of materiel

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2466 — Limitations on the performance of depot-level maintenance of materiel

**(a) Percentage Limitation.—** Not more than 50 percent of the funds made available in a fiscal year to a military department or a Defense Agency for depot-level maintenance and repair workload may be used to contract for the performance by non-Federal Government personnel of such workload for the military department or the Defense Agency. Any such funds that are not used for such a contract shall be used for the performance of depot-level maintenance and repair workload by employees of the Department of Defense. **(b) Waiver of Limitation.—** The Secretary of Defense may waive the limitation in subsection (a) for a fiscal year if— (1) the Secretary determines that the waiver is necessary for reasons of national security; and (2) the Secretary submits to Congress a notification of the waiver together with the reasons for the waiver. **(c) Prohibition on Delegation of Waiver Authority.—** The authority to grant a waiver under subsection (b) may not be delegated. **(d) Annual Report.—** (1) Not later than 90 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to [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 Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that was expended during the preceding fiscal year, and are projected to be expended during the current fiscal year and the ensuing fiscal year, for performance of depot-level maintenance and repair workloads by the public and private sectors. (2) Each report required under paragraph (1) shall include as a separa

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Stable record: federal_law:legal_authorities:record_usc_66a59fde7487e50acdefb1af
Source file: Laws/federal/codes/united-states-code/title-10/section-2466-limitations-on-the-performance-of-depot-level-maintenance-of-materiel--365c5ca8c4.md
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Source location: Title 10, Chapter 146, § 2466; chapter-146-contracting-for-performance-of-civilian-commercial-or-industrial-type-functions.md

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1105 — Budget contents and submission to Congress

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3771 — Rights in technical data: regulations

**(a) Regulations Required.—** (1) **In general.—** — The Secretary of Defense shall prescribe regulations to define the legitimate interest of the United States and of a contractor or subcontractor in technical data pertaining to an item or process. Such regulations shall be included in regulations of the Department of Defense prescribed as part of the Federal Acquisition Regulation. (2) **Other rights not impaired.—** — Regulations prescribed under paragraph (1) may not impair— (A) any right of the United States or of any contractor or subcontractor with respect to patents or copyrights or any other right in technical data otherwise established by law; or (B) the right of a contractor or subcontractor to receive from a third party a fee or royalty for the use of technical data pertaining to an item or process developed exclusively at private expense by the contractor or subcontractor, except as otherwise specifically provided by law. **(b) Required Provisions.—** Regulations prescribed under subsection (a) shall include the following provisions: (1) **Development exclusively with federal funds.—** — In the case of an item or process that is developed by a contractor or subcontractor exclusively with Federal funds (other than an item or process developed under a contract or subcontract to which regulations under section 9(j)(2) of the Small Business Act ([15 U.S.C. 638(j)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section638/j/2&num=0&edition=prelim)) apply), the United States shall have the unlimited right to— (A) use technical data pertaining to the item or process; or (B) release or disclose the technical data to persons outside the government or permit the use of the technical data by such persons. (2) **Development ex

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4324 — Life-cycle management and product support

**(a) In General.—** The Secretary of Defense shall ensure that each covered system is supported by a performance-based life-cycle sustainment plan— (1) that is approved by the service acquisition executive responsible for such covered system; and (2) that meets applicable operational readiness requirements and materiel readiness objectives (established under [section 118(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section118/c&num=0&edition=prelim)) in the most cost-effective manner practicable. **(b) Life-cycle Sustainment Plan.—** (1) A product support manager shall develop, update, and implement a life-cycle sustainment plan for each covered system for which the product support manager is responsible. Such plan shall include the following: (A) A comprehensive product support strategy that addresses each Integrated Product Support Element in a manner— (i) to best achieve operational readiness requirements and materiel readiness objectives throughout the planned life cycle of such system; and (ii) that allows evaluation and selection of product support integrators and product support providers appropriate to execute the product support strategy. (B) A life-cycle cost estimate for the covered system that— (i) is based on the product support strategy described in subparagraph (A); and (ii) if the covered system is a major defense acquisition program or major subprogram, is developed in accordance with the requirements to support a Milestone A approval, Milestone B approval, or Milestone C approval. (C) Recommended engineering and design considerations that support cost-effective sustainment of the covered system and best value solutions in life cycle planning and management. (D) An intellectu

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2466 — Limitations on the performance of depot-

Page 1950 TITLE 10—ARMED FORCES § 2466 ‘‘(c) CERTIFICATION REQUIREMENT.—The Secretary of the Army shall certify in writing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that, to ensure that there will be no lapse of capability to perform the chemical weapon emergency response mis- sion at a chemical weapons storage installation during any transition to contractor performance of those func- tions at the installation, the plan for conversion of the performance of those functions— ‘‘(1) is consistent with the recommendation con- tained in General Accounting Office [now Govern- ment Accountability Office] Report NSIAD–00–88, en- titled ‘DoD Competitive Sourcing’, dated March 2000; ‘‘(2) provides for a transition to contractor perform- ance of emergency response functions which ensures an adequate transfer of the relevant knowledge and expertise regarding chemical weapon emergency re- sponse to the contractor personnel; and ‘‘(3) complies with section 2465 of title 10, United States Code.’’ § 2466. Limitations on the performance of depot- level maintenance of materiel (a) PERCENTAGE LIMITATION.—Not more than 50 percent of the funds made available in a fiscal year to a military department or a Defense Agency for depot-level maintenance and repair workload may be used to contract for the per- formance by non-Federal Government personnel of such workload for the military department or the Defense Agency. Any such funds that are not used for such a contract shall be used for the performance of depot-level maintenance and re- pair workload by employees of the Department of Defense. (b) WAIVER OF LIMITATION.—The Secretary of Defense may waive the limitation in subsection (a) for a fisca

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