10 U.S.C. § 2473 — Annual five-year plans on improvement of

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 L. 104–106, § 311(f)(1), which directed repeal of this section, was repealed by Pub.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 Repealed.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- cedures in contracting for performance of depot-level maintenance and repair workloads formerly performed at closed or realigned military installations. § 2470. Depot-level activities of the Department of Defense: authority to compete for mainte- nance and repair workloads of other Federal agencies A depot-level activity of the Department of Defense shall be eligible to compete for the per- formance of any depot-level maintenance and repair workload of a Federal agency for which competitive procedures are used to select the entity to perform the workload. (Added Pub. L. 103–337, div. A, title III, § 335(a), Oct. 5, 1994, 108 Stat. 2716.) [§ 2471. Repealed. Pub. L. 106–398, § 1 [[div. A], title III, § 341(g)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–64] Section, added Pub. L. 103–337, div. A, title III, § 336(a), Oct. 5, 1994, 108 Stat. 2717; amended Pub. L. 104–106, div. A, title XV, § 1503(a)(26), Feb. 10, 1996, 110 Stat. 512; Pub. L. 105–85, div. A, title III, § 361(b)(1), Nov. 18, 1997, 111 Stat. 1701, related to lease of excess depot- level equipment and facilities by persons outside the Department of Defense. § 2472. Prohibition on management of depot em- ployees by end strength The civilian employees of the Department of Defense, including the civilian employees of the military departments and the Defense Agencies, who perform, or are involved in the performance of, depot-level maintenance and repair work- loads may not be managed on the basis of any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees. Such employ- ees shall be managed solely on the basis of the available workload and the funds made available for such depot-level maintenance and repair. (Added and amended Pub. L. 104–106, div. A, title III, § 312(a), (b), Feb. 10, 1996, 110 Stat. 250; Pub. L. 105–85, div. A, title III, § 360, Nov. 18, 1997, 111 Stat. 1700; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–375, div. A, title III, § 322(a), (b)(1), Oct. 28, 2004, 118 Stat. 1846.) Editorial Notes CODIFICATION The text of section 2466(b) of this title, which was transferred to this section and redesignated subsec. (a) by Pub. L. 104–106, § 312(b), was based on Pub. L. 102–190, div. A, title III, § 314(a)(1), Dec. 5, 1991, 105 Stat. 1336; Pub. L. 103–337, div. A, title III, § 332(b), Oct. 5, 1994, 108 Stat. 2715. AMENDMENTS 2004—Pub. L. 108–375 substituted ‘‘Prohibition on management of depot employees by end strength’’ for ‘‘Management of depot employees’’ in section catch- line, struck out subsec. (a) designation and heading be- fore ‘‘The civilian’’, and struck out heading and text of subsec. (b). Text read as follows: ‘‘Not later than De- cember 1 of each fiscal year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the number of employees employed and expected to be employed by the Department of Defense during that fiscal year to perform depot-level maintenance and repair of mate- riel. The report shall indicate whether that number is sufficient to perform the depot-level maintenance and repair functions for which funds are expected to be pro- vided for that fiscal year for performance by Depart- ment of Defense employees.’’ 1999—Subsec. (b). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. 1997—Subsec. (a). Pub. L. 105–85 inserted first sen- tence and struck out former first sentence which read as follows: ‘‘The civilian employees of the Department of Defense involved in the depot-level maintenance and repair of materiel may not be managed on the basis of any end-strength constraint or limitation on the num- ber of such employees who may be employed on the last day of a fiscal year.’’ 1996—Subsec. (a). Pub. L. 104–106, § 312(b), renumbered section 2466(b) of this title as subsec. (a) of this section. Statutory Notes and Related Subsidiaries SUBMISSION OF INITIAL REPORT Pub. L. 104–106, div. A, title III, § 312(c), Feb. 10, 1996, 110 Stat. 250, required the report under subsec. (b) of this section for fiscal year 1996 to be submitted not later than Mar. 15, 1996. § 2473. Annual five-year plans on improvement of depot infrastructure (a) SUBMISSION.—As part of the annual budget submission of the President under section 1105(a) of title 31, each Secretary of a military department shall submit to the congressional defense committees a plan describing the objec- tives of that Secretary to improve depot infra- structure during the five fiscal years following the fiscal year for which such budget is sub- mitted. (b) ELEMENTS.—Each plan submitted by a Sec- retary of a military department under sub- section (a) shall include the following: Page 1954 TITLE 10—ARMED FORCES § 2474 (1) With respect to the five-year period cov- ered by the plan, an identification of the major lines of effort, milestones, and specific goals of the Secretary over such period relat- ing to the improvement of depot infrastruc- ture and a description of how such goals sup- port 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 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 sub- mitted 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 im- provements. (4) Detailed information regarding how depot infrastructure improvement projects will be paced and sequenced to ensure contin- uous operations. (c) INCORPORATION OF RESULTS-ORIENTED MAN- AGEMENT PRACTICES.—Each plan under sub- section (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 Af- fect Maintenance Timeliness and Efficiency’’ (GAO–19–242), or any successor report, includ- ing— (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. (Added Pub. L. 117–263, div. A, title III, § 373, Dec. 23, 2022, 136 Stat. 2540.) Editorial Notes CODIFICATION Pub. L. 117–263, § 373, which directed amendment of this chapter by adding this section after section ‘‘2742’’, was executed by adding this section after section 2472 to reflect the probable intent of Congress. PRIOR PROVISIONS A prior section 2473, added Pub. L. 104–201, div. A, title VIII, § 832(a), Sept. 23, 1996, 110 Stat. 2616; amended Pub. L. 105–261, div. A, title VIII, § 809(a)–(d), Oct. 17, 1998, 112 Stat. 2085, 2086; Pub. L. 106–65, div. A, title VIII, § 815(b), Oct. 5, 1999, 113 Stat. 712; Pub. L. 111–84, div. A, title VIII, § 818(a), Oct. 28, 2009, 123 Stat. 2408, re- quired the Secretary of Defense to place conditions on the procurement of property or services in order to pre- serve the small arms production industrial base, prior to repeal by Pub. L. 111–383, div. A, title VIII, § 822(a), Jan. 7, 2011, 124 Stat. 4268. § 2474. Centers of Industrial and Technical Excel- lence: designation; public-private partner- ships (a) DESIGNATION.—(1) The Secretary concerned, or the Secretary of Defense in the case of a De- fense Agency, shall designate each depot-level activity or military arsenal facility of the mili- tary departments and the Defense Agencies (other than facilities approved for closure or major realignment under the Defense Base Clo- sure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)) as a Center of Industrial and Technical Excel- lence in the recognized core competencies of the designee. (2) The Secretary of Defense shall establish a policy to encourage the Secretary of each mili- tary department and the head of each Defense Agency to reengineer industrial processes and adopt best-business practices at their Centers of Industrial and Technical Excellence in connec- tion with their core competency requirements, so as to serve as recognized leaders in their core competencies throughout the Department of De- fense and in the national technology and indus- trial base (as defined in section 4801(1) of this title). (3) The Secretary of a military department may conduct a pilot program, consistent with applicable requirements of law, to test any prac- tices referred to in paragraph (2) that the Sec- retary determines could improve the efficiency and effectiveness of operations at Centers of In- dustrial and Technical Excellence, improve the support provided by the Centers for the armed forces user of the services of the Centers, and enhance readiness by reducing the time that it takes to repair equipment. (b) PUBLIC-PRIVATE PARTNERSHIPS.—(1) To achieve one or more objectives set forth in para- graph (2), the Secretary designating a Center of Industrial and Technical Excellence under sub- section (a) may authorize and encourage the head of the Center to enter into public-private cooperative arrangements (in this section re- ferred to as a ‘‘public-private partnership’’) to provide for any of the following: (A) For employees of the Center, private in- dustry, or other entities outside the Depart- ment of Defense to perform (under contract, subcontract, or otherwise) work related to the core competencies of the Center, including any depot-level maintenance and repair work that involves one or more core competencies of the Center. (B) For private industry or other entities outside the Department of Defense to use, for any period of time determined to be consistent with the needs of the Department of Defense, any facilities or equipment of the Center that are not fully utilized for a military depart- ment’s own production or maintenance re- quirements. (2) The objectives for exercising the authority provided in paragraph (1) are as follows: (A) To maximize the utilization of the ca- pacity of a Center of Industrial and Technical Excellence. (B) To reduce or eliminate the cost of owner- ship of a Center by the Department of Defense in such areas of responsibility as operations and maintenance and environmental remedi- ation. (C) To reduce the cost of products of the De- partment of Defense produced or maintained at a Center. (D) To leverage private sector investment in—