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10 U.S.C. § 2473 — Annual five-year plans on improvement of depot infrastructure
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
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Source location: Title 10, Chapter 146, § 2473; chapter-146-contracting-for-performance-of-civilian-commercial-or-industrial-type-functions.md
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**(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 Practices.—** Each plan under subsection (a) shall incorporate the leading results-oriented management practices identified in the report of the Comptroller General of the United States titled “Actions Needed to Improve Poor Conditions of Facilities and Equipment that Affect Maintenance Timeliness and Efficiency” (GAO–19–242), or any successor report, including—
(1) analytically based goals;
(2) results-oriented metrics;
(3) the identification of required resources, risks, and stakeholders; and
(4) regular reporting on progress to decision makers.
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 1953
TITLE 10—ARMED FORCES
§ 2473
1996—Pub. L. 104–106, § 311(f)(1), which directed repeal
of this section, was repealed by Pub. L. 105–85, § 363.
1994—Pub. L. 103–337 amended section generally. Prior
to amendment, section read as follows:
‘‘(a) REQUIREMENT FOR COMPETITION.—The Secretary
of Defense or the Secretary of a military department
may not change the performance of a depot-level main-
tenance workload that has a value of not less than
$3,000,000 and is being performed by a depot-level activ-
ity of the Department of Defense to performance by a
contractor unless the Secretary uses competitive pro-
cedures for the selection of the contractor to perform
such workload.
‘‘(b) INAPPLICABILITY
OF OMB CIRCULAR A–76.—The
use of Office of Management and Budget Circular A–76
shall not apply to a performance change under sub-
section (a).’’
1993—Pub. L. 103–160, § 346, amended section, as
amended by Pub. L. 103–160, § 1182(a)(7), (h), by desig-
nating existing provisions as subsec. (a), inserting
heading, striking out ‘‘threshold’’ before ‘‘value’’, sub-
stituting ‘‘to performance by a contractor unless the
Secretary uses competitive procedures for the selection
of the contractor to perform such workload’’ for ‘‘un-
less the Secretary uses competitive procedures to make
the change’’, and adding subsec. (b).
Pub. L. 103–160, § 1182(a)(7), struck out ‘‘, prior to any
such change,’’ after ‘‘Department of Defense unless’’.
[§ 2469a. Repealed. Pub. L. 107–314, div. A, title
III, § 333(a), Dec. 2, 2002, 116 Stat. 2514]
Section, added Pub. L. 105–85, div. A, title III,
§ 359(a)(1), Nov. 18, 1997, 111 Stat. 1696; amended Pub. L.
106–65, div. A, title III, § 335, title X, § 1066(a)(20), Oct. 5,
1999, 113 Stat. 568, 771, related to use of competitive pro
Source: Supplied 2024 U.S. Code historical extraction · 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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