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10 U.S.C. § 239d — Budgeting for depot and ammunition pro-
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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Source file: Laws/federal/codes/united-states-code-2024/title-10/section-239d-budgeting-for-depot-and-ammunition-pro--66750b78fb.md
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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 2476(a) of this title.
(D) A comparison of the budgeted amount
identified under subparagraph (B) with the
total required amount identified under sub-
paragraph (C).
(E) For each covered depot of the military
department, of the total required amount
identified under subparagraph (C), the per-
centage of such amount allocated, or pro-
jected 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 condi-
tion, restoration and maintenance project
backlog, and average equipment age, includ-
ing a description of any changes in such
metrics from previous years.
(B) Information on the status of the imple-
mentation at the covered facility of the
plans and strategies of the Department of
Defense relating to covered facility improve-
ment, including, as applicable, the imple-
mentation of the strategy required under
section 359 of the National Defense Author-
ization Act for Fiscal Year 2020 (Public Law
116–92; 133 Stat. 1323; 10 U.S.C. 2460 1 note).
(c) DEFINITIONS.—In this section:
(1) The term ‘‘ammunition production facil-
ity’’ 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.
(3) The term ‘‘covered depot’’ has the mean-
ing given that term in section 2476 of this
title.
(4) The term ‘‘covered facility’’ means a cov-
ered depot or an ammunition production facil-
ity.
(Added Pub. L. 117–263, div. A, title III, § 371, Dec.
23, 2022, 136 Stat. 2539.)
Editorial Notes
REFERENCES IN TEXT
Section 359 of the National Defense Authorization
Act for Fiscal Year 2020, referred to in subsec. (b)(3)(B),
is section 359 of Pub. L. 116–92, which is set out as a
note under section 2476 of this title.
§ 239e. Nuclear command, control, and commu-
nications: major force program and budget
assessment
(a) ESTABLISHMENT
OF
MAJOR
FORCE
PRO-
GRAM.—The Secretary of Defense shall establish
a unified major force program for nuclear com-
mand, control, and communications programs
pursuant to section 222(b) of this title to
prioritize such programs in accordance with the
requirements of the Department of Defense and
national security.
(b) BUDGET ASSESSMENT.—(1) The Secretary
shall include with the defense budget materials
for each of fiscal years 2025 through 2030 a report
on the budget for nuclear command, control,
and communications programs of the Depart-
ment of Defense.
(2) Each report on the budget for nuclear com-
mand, control, and communications programs of
the Department under paragraph (1) shall in-
clude the following:
(A) An overview of the budget, including—
(i) a comparison between that budget, the
previous budget, the most recent and prior
future-years defense program submitted to
Congress under section 221 of this title (such
comparison shall exclude the responsibility
for research and development of the con-
tinuing improvement of such nuclear com-
mand, control, and communications pro-
gram), and the amounts appropriated for
such nuclear command, control, and commu-
nications programs during the previous fis-
cal year; and
(ii) the specific identification, as a budg-
etary line item, for the funding under such
programs.
(B) An assessment of the budget, including
significant changes, priorities, challenges, and
risks.
(C) Any additional matters the Secretary de-
termines appropriate.
(3) Each report under paragraph (1) shall be
submitted in unclassified form, but may include
a classified annex.
(c) DEFINITIONS.—In this section:
Cross-references
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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
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
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
Stored review status: release_metadata_unconfirmed. The source passage cites 10 U.S.C. § 2460. This identifies an authority to review, not proof of applicability.
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 2460. This identifies an authority to review, not proof of applicability.