10 U.S.C. § 2476 — Minimum capital investment for certain

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 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 fis- cal year if the Secretary determines that the waiver is necessary for reasons of national secu- rity. Whenever the Secretary makes such a waiver, the Secretary shall notify the congres- sional 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 sec- tion 1105 of title 31, the Secretary of Defense shall submit to the congressional defense com- mittees a report containing budget justification documents summarizing the level of capital in- vestment 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, regu- latory, or operational impediments to achiev- ing the requirement under subsection (a)(1) with respect to each military department. (B) A description of the benchmarks for cap- ital investment established for each covered depot and military department and the rela- tionship of the benchmarks to applicable per- formance 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 state- ment 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 pre- ceding three fiscal years and actual invest- ment funds allocated to each depot for the pe- riod covered by the report. (F) A table enumerating, for the period cov- ered 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 subpara- graph (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, Pennsyl- vania. (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, Wash- ington. (vii) Norfolk Naval Shipyard, Virginia. (B) The following Marine Corps depots: (i) Marine Corps Logistics Base, Albany, Georgia. (ii) Marine Corps Logistics Base, Bar- stow, 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. (Added Pub. L. 109–364, div. A, title III, § 332(a), Oct. 17, 2006, 120 Stat. 2149; amended Pub. L. Page 1958 TITLE 10—ARMED FORCES § 2476 110–417, [div. A], title III, § 327, Oct. 14, 2008, 122 Stat. 4418; Pub. L. 111–383, div. A, title X, § 1075(b)(36), Jan. 7, 2011, 124 Stat. 4371; Pub. L. 112–81, div. A, title III, § 325, Dec. 31, 2011, 125 Stat. 1364; Pub. L. 117–263, div. A, title III, § 374(a), (b)(1), Dec. 23, 2022, 136 Stat. 2541, 2542.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263, § 374(a)(1), des- ignated existing provisions as par. (1), substituted ‘‘eight percent’’ for ‘‘six percent’’, and added par. (2). Subsec. (b). Pub. L. 117–263, § 374(a)(2), struck out ‘‘, but does not include funds spent for sustainment of existing facilities, infrastructure, or equipment’’ before period at end. Subsec. (c). Pub. L. 117–263, § 374(a)(4), added subsec. (c). Former subsec. (c) redesignated (d). Subsecs. (d), (e). Pub. L. 117–263, § 374(a)(3), (b)(1), re- designated subsecs. (c) and (d) as (d) and (e), respec- tively, and substituted ‘‘subsection (a)(1)’’ for ‘‘sub- section (a)’’ wherever appearing. Former subsec. (e) re- designated (f). Subsec. (e)(2)(F). Pub. L. 117–263, § 374(a)(5), added sub- par. (F). Subsec. (f). Pub. L. 117–263, § 374(a)(3), redesignated subsec. (e) as (f). 2011—Subsec. (a). Pub. L. 112–81, § 325(1), inserted ‘‘maintenance, repair, and overhaul’’ after ‘‘combined’’. Subsec. (b). Pub. L. 112–81, § 325(2), substituted ‘‘in- cludes investment funds spent to modernize or improve the efficiency of depot facilities, equipment, work envi- ronment, or processes in direct support’’ for ‘‘includes investment funds spent on depot infrastructure, equip- ment, and process improvement in direct support’’ and inserted ‘‘, but does not include funds spent for sustainment of existing facilities, infrastructure, or equipment’’ before period at end. Subsec. (d)(2)(D). Pub. L. 111–383 substituted ‘‘Navy depots’’ for ‘‘Navy Depots’’. Subsec. (d)(2)(E). Pub. L. 112–81, § 325(3), which di- rected addition of subpar. (E) at end of subsec. (d), was executed by adding subpar. (E) at end of par. (2) of sub- sec. (d) to reflect the probable intent of Congress. Subsec. (e)(1)(I). Pub. L. 112–81, § 325(4), added subpar. (I). 2008—Subsec. (d)(2)(D). Pub. L. 110–417, § 327(b)(1), added subpar. (D). Subsec. (e)(1)(F) to (H). Pub. L. 110–417, § 327(a), added subpars. (F) to (H). Subsec. (e)(2). Pub. L. 110–417, § 327(b)(2), inserted in- troductory provisions for subpars. (A) and (B), redesig- nated former subpars. (A) to (G) as cls. (i) to (vii), re- spectively, of subpar. (A) and realigned margins, and redesignated former subpars. (H) and (I) as cls. (i) and (ii), respectively, of subpar. (B) and realigned margins. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–263, div. A, title III, § 374(c), Dec. 23, 2022, 136 Stat. 2542, provided that: ‘‘The amendments made by this section [amending this section and section 2861 of this title] shall apply with respect to fiscal years be- ginning on or after October 1, 2023.’’ EFFECTIVE DATE Pub. L. 109–364, div. A, title III, § 332(c), Oct. 17, 2006, 120 Stat. 2150, provided that: ‘‘Section 2476 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2006.’’ CLARIFICATION OF CALCULATION FOR CERTAIN WORKLOAD CARRYOVER OF DEPARTMENT OF THE ARMY Pub. L. 117–263, div. A, title III, § 377, Dec. 23, 2022, 136 Stat. 2542, as amended by Pub. L. 118–31, div. A, title III, § 345, Dec. 22, 2023, 137 Stat. 225, provided that: ‘‘For purposes of calculating the amount of workload carry- over with respect to the depots and arsenals of the De- partment of the Army, the Secretary of Defense shall authorize the Secretary of the Army to use a calcula- tion for such carryover that— ‘‘(1) applies a material end of period exclusion; and ‘‘(2) excludes from the calculated carryover amount the proceeds of any foreign military sale.’’ PILOT PROGRAM ON DIGITAL OPTIMIZATION OF ORGANIC INDUSTRIAL BASE MAINTENANCE AND REPAIR OPER- ATIONS Pub. L. 117–81, div. A, title III, § 354, Dec. 27, 2021, 135 Stat. 1656, provided that: ‘‘(a) IN GENERAL.—Beginning not later than 180 days after the date of the enactment of this Act [Dec. 27, 2021], the Assistant Secretary of Defense for Sustainment, in coordination with the Secretaries of the military departments, shall undertake a pilot pro- gram under which the digitization of the facilities and operations of at least one covered depot shall be pro- vided for by the Secretary concerned. ‘‘(b) ELEMENTS OF PILOT PROGRAM.—In carrying out the pilot program under this section, the Secretary concerned shall provide for each of the following at the covered depot or depots at which the program is carried out: ‘‘(1) The creation of a digital twin model of the maintenance, repair, and remanufacturing infrastruc- ture and activities. ‘‘(2) The modeling and simulation of optimized fa- cility configuration, logistics systems, and processes. ‘‘(3) The analysis of material flow and resource use to achieve key performance metrics for all levels of maintenance and repair. ‘‘(4) An assessment of automated, advanced, and ad- ditive manufacturing technologies that could im- prove maintenance, repair, and remanufacturing op- erations. ‘‘(c) REPORT.—Not later than 60 days after the com- pletion of the digital twin model and associated anal- ysis, the Assistant Secretary of Defense for Sustainment shall submit to the Committees on Armed Services of the Senate and the House of Representa- tives a report on the pilot program. Such report shall include— ‘‘(1) a summary of the cost of the pilot program; ‘‘(2) a description of the efficiencies identified under the pilot program; ‘‘(3) a description of the infrastructure, workforce, and capital equipment investments necessary to achieve such efficiencies; ‘‘(4) any plans to undertake such investments; and ‘‘(5) the assessment of the Assistant Secretary of the value of the pilot program and the potential ap- plicability of the findings of the pilot program to other covered depots. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered depot’ includes any depot covered under section 2476(e) [now 2476(f)] of title 10, United States Code, except for the following: ‘‘(A) Portsmouth Naval Shipyard, Maine. ‘‘(B) Pearl Harbor Naval Shipyard, Hawaii. ‘‘(C) Puget Sound Naval Shipyard, Washington. ‘‘(D) Norfolk Naval Shipyard, Virginia. ‘‘(2) The terms ‘military departments’ and ‘Sec- retary concerned’ have the meanings given such terms in section 101 of title 10, United States Code.’’ STRATEGY TO IMPROVE INFRASTRUCTURE OF CERTAIN DEPOTS OF THE DEPARTMENT OF DEFENSE Pub. L. 116–92, div. A, title III, § 359, Dec. 20, 2019, 133 Stat. 1323, provided that: ‘‘(a) STRATEGY REQUIRED.—Not later than October 1, 2020, the Secretary of Defense shall submit to the con- gressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a comprehensive strategy for improving the depot infrastructure of the military de- Page 1959 TITLE 10—ARMED FORCES § 2476 partments with the objective of ensuring that all cov- ered depots have the capacity and capability to support the readiness and material availability goals of current and future weapon systems of the Department of De- fense. ‘‘(b) ELEMENTS.—The strategy under subsection (a) shall include the following: ‘‘(1) A comprehensive review of the conditions and performance at each covered depot, including the fol- lowing: ‘‘(A) An assessment of the current status of the following elements: ‘‘(i) Cost and schedule performance of the depot. ‘‘(ii) Material availability of weapon systems supported at the depot and the impact of the per- formance of the depot on that availability. ‘‘(iii) Work in progress and non-operational items awaiting depot maintenance. ‘‘(iv) The condition of the depot. ‘‘(v) The backlog of restoration and moderniza- tion projects at the depot. ‘‘(vi) The condition of equipment at the depot. ‘‘(vii) the vulnerability of the depot to adverse environmental conditions and, if necessary, the investment required to withstand those condi- tions. ‘‘(B) An identification of analytically based goals relating to the elements identified in subparagraph (A). ‘‘(2) A business-case analysis that assesses invest- ment alternatives comparing cost, performance, risk, and readiness outcomes and recommends an optimal investment approach across the Department of De- fense to ensure covered depots efficiently and effec- tively meet the readiness goals of the Department, including an assessment of the following alter- natives: ‘‘(A) The minimum investment necessary to meet investment requirements under section 2476 of title 10, United States Code. ‘‘(B) The investment necessary to ensure the cur- rent inventory of facilities at covered depots can meet the mission-capable, readiness, and contin- gency goals of the Secretary of Defense. ‘‘(C) The investment necessary to execute the depot infrastructure optimization plans of each military department. ‘‘(D) Any other strategies for investment in cov- ered depots, as identified by the Secretary. ‘‘(3) A plan to improve conditions and performance of covered depots that identifies the following: ‘‘(A) The approach of the Secretary of Defense for achieving the goals outlined in paragraph (1)(B). ‘‘(B) The resources and investments required to implement the plan. ‘‘(C) The activities and milestones required to im- plement the plan. ‘‘(D) A results-oriented approach to assess— ‘‘(i) the progress of each military department in achieving such goals; and ‘‘(ii) the progress of the Department in imple- menting the plan. ‘‘(E) Organizational roles and responsibilities for implementing the plan. ‘‘(F) A process for conducting regular manage- ment review and coordination of the progress of each military department in implementing the plan and achieving such goals. ‘‘(G) The extent to which the Secretary has ad- dressed recommendations made by the Comptroller General of the United States relating to depot oper- ations during the five-year period preceding the date of submittal of the strategy under this section. ‘‘(H) Risks to implementing the plan and mitiga- tion strategies to address those risks. ‘‘(c) ANNUAL REPORT ON PROGRESS.—As part of the an- nual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Defense shall submit to the congressional defense com- mittees a report describing the progress made in— ‘‘(1) implementing the strategy under subsection (a); and ‘‘(2) achieving the goals outlined in subsection (b)(1)(B). ‘‘(d) COMPTROLLER GENERAL REPORTS.— ‘‘(1) ASSESSMENT OF STRATEGY.—Not later than Jan- uary 1, 2021, the Comptroller General of the United States shall submit to the congressional defense com- mittees a report assessing the extent to which the strategy under subsection (a) meets the requirements of this section. ‘‘(2) ASSESSMENT OF IMPLEMENTATION.—Not later than April 1, 2022, the Comptroller General shall sub- mit to the congressional defense committees a report setting forth an assessment of the extent to which the strategy under subsection (a) has been effectively implemented by each military department and the Secretary of Defense. ‘‘(e) COVERED DEPOT DEFINED.—In this section, the term ‘covered depot’ has the meaning given that term in section 2476(e) [now 2476(f)] of title 10, United States Code.’’ TWO YEAR PHASE-IN FOR DEPARTMENTS OF THE ARMY AND THE NAVY Pub. L. 109–364, div. A, title III, § 332(d), Oct. 17, 2006, 120 Stat. 2150, reduced the percentage of required in- vestment in covered depots pursuant to subsec. (a) of this section for fiscal years 2007 and 2008. CHAPTER 147—COMMISSARIES AND EX- CHANGES AND OTHER MORALE, WELFARE, AND RECREATION ACTIVITIES Subchapter Sec. I. Defense Commissary and Exchange Sys- tems ................................................... 2481 II. Relationship, Continuation, and Com- mon Policies of Defense Commissary and Exchange Systems ....................... 2487 III. Morale, Welfare, and Recreation Pro- grams and Nonappropriated Fund In- strumentalities .................................. 2491 Editorial Notes AMENDMENTS 2004—Pub. L. 108–375, div. A, title VI, § 651(a)(1), (3), Oct. 28, 2004, 118 Stat. 1964, added items for subchapters I to III and struck out items 2481 ‘‘Existence of defense commissary system and exchange stores system’’, 2482 ‘‘Commissary stores: operation’’, 2482a ‘‘Non- appropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide and ob- tain goods and services’’, 2483 ‘‘Commissary stores: re- imbursement for use of commissary facilities by mili- tary departments’’, 2484 ‘‘Commissary stores: use of ap- propriated funds to cover operating expenses’’, 2485 ‘‘Donation of unusable food: commissary stores and other activities’’, 2486 ‘‘Commissary stores: merchan- dise that may be sold; uniform surcharges and pricing’’, 2487 ‘‘Commissary stores: release of certain commer- cially valuable information to the public’’, 2488 ‘‘Non- appropriated fund instrumentalities: purchase of alco- holic beverages’’, 2489 ‘‘Overseas package stores: treat- ment of United States wines’’, 2489a ‘‘Sale or rental of sexually explicit material prohibited’’, 2490a ‘‘Com- bined exchange and commissary stores’’, 2492 ‘‘Overseas commissary and exchange stores: access and purchase restrictions’’, 2493 ‘‘Fisher Houses: administration as nonappropriated fund instrumentality’’, and 2494 ‘‘Uni- form funding and management of morale, welfare, and recreation programs’’. 2003—Pub. L. 108–136, div. A, title VI, § 652(b), Nov. 24, 2003, 117 Stat. 1522, added item 2481. 2002—Pub. L. 107–314, div. A, title III, § 323(b), Dec. 2, 2002, 116 Stat. 2511, added item 2494. 2001—Pub. L. 107–107, div. A, title III, §§ 332(b), 333(b), Dec. 28, 2001, 115 Stat. 1058, 1059, added item 2483 and