Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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type: "LegalText"
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title: "10 U.S.C. § 2460"
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description: "Definition of depot-level maintenance and repair"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "146"
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chapter_name: "CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS"
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section: "2460"
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citation: "10 U.S.C. § 2460"
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---
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# 10 U.S.C. § 2460 - Definition of depot-level maintenance and repair
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## Text
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(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.
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(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.
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(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.
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(Added and amended Pub. L. 112–239, div. A, title III, § 322(b)(1), (c), Jan. 2, 2013, 126 Stat. 1694, 1695.)
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## Notes
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Editorial Notes
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Codification Section 322(b)(1) of Pub. L. 112–239, cited as a credit to this section, revived section 2460 of this title as in effect the day before the date of the enactment of Pub. L. 112–81, Dec. 31, 2011. See Prior Provisions note below.
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Prior ProvisionsA prior section 2460, added Pub. L. 105–85, div. A, title III, § 355(a), Nov. 18, 1997, 111 Stat. 1693; amended Pub. L. 105–261, div. A, title III, § 341, Oct. 17, 1998, 112 Stat. 1973; Pub. L. 112–81, div. A, title III, § 321, Dec. 31, 2011, 125 Stat. 1361, defined “depot-level maintenance and repair” for this chapter prior to repeal by Pub. L. 112–239, div. A, title III, § 322(a)(1), Jan. 2, 2013, 126 Stat. 1694.
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Amendments2013—Subsec. (b)(1). Pub. L. 112–239, § 322(c), substituted “or the nuclear refueling or defueling of an aircraft carrier and any concurrent complex overhaul” for “or the nuclear refueling of an aircraft carrier”.
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Statutory Notes and Related Subsidiaries
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Effective DateSection and amendment by Pub. L. 112–239 effective Dec. 31, 2011, immediately after enactment of Pub. L. 112–81, see section 322(f) of Pub. L. 112–239, set out as an Effective Date of 2013 Amendment note under section 4251 of this title.
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Pilot Program on Army Depot and Arsenal Workload SustainmentPub. L. 119–60, div. A, title III, § 348, Dec. 18, 2025, 139 Stat. 829, provided that: “(a) Establishment of Pilot Program.—Not later than 90 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall establish a pilot program, to be known as the ‘Army Depot and Arsenal Workload Sustainment Pilot Program’ (in this section referred to as the ‘pilot program’), under which the Secretary shall provide a preference to certain procurement actions and solicitations for the performance of work by non-government entities at covered depots. “(b) Preferences for Procurement Actions or Solicitations.—“(1) In general.—Under the pilot program established under subsection (a), the Secretary of Defense shall provide a preference to any procurement action or solicitation for the performance of work submitted by a non-government entity that includes, as part of such procurement action or solicitation, a proposal to enter into a public-private partnership with the Secretary under which the non-government entity will perform the work at covered depots. “(2) Further preference.—In evaluating procurement actions and solicitations under paragraph (1), the Secretary shall give an additional preference to any such action or solicitation submitted by a non-government entity that proposes to use Department of Defense employees to perform the work at a covered depot under such action or solicitation. “(3) Regulations.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations for the provision of preferences under this subsection. “(c) Report Required.—“(1) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the activities carried out under the pilot program during that year, including a description of any operational challenges identified. “(2) Elements.—The report required under paragraph (1) shall include the following:“(A) A breakout, by relevant budget accounts, of work performed at each covered depot during the year preceding the year during which the report is submitted, including work that was carried out directly and work that was carried out through public-private partnerships under the pilot program. “(B) An identification of the projected workload at each covered depot during the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code. “(C) The capital investments projected in such future-years defense program to be made at each such covered depot to meet organic industrial base core logistics capabilities in accordance with section 2464 of title 10, United States Code. “(d) Duration.—The authority to carry out a pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act [Dec. 18, 2025]. “(e) Definitions.—In this section, the term ‘covered depot’ has the meaning given such term in section 2476(f) of title 10, United States Code.”
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Requirement for Military Department Inter-Service Depot MaintenancePub. L. 116–92, div. A, title III, § 358, Dec. 20, 2019, 133 Stat. 1323, provided that: “(a) Joint Process for Technical Compliance and Quality Control.—If the Secretary of a military department transfers any maintenance action on a platform to a depot under the jurisdiction of the Secretary of another military department, the two Secretaries shall develop and implement a process to ensure the technical compliance and quality control for the work performed. “(b) Requirements.—A process developed under subsection (a) shall include the following requirements—“(1) The Secretary of the military department with jurisdiction over the depot to which the maintenance action is transferred shall—“(A) ensure that the technical specifications, requirements, and standards for work to be performed are provided to such action or depot; and “(B) implement procedures to ensure that completed work complies with such specifications, requirements and standards. “(2) The Secretary who transfers the maintenance activity or depot shall ensure that—“(A) the technical specifications and requirements are clearly understood; and “(B) the work performed is completed to the technical specifications, requirements, and standards prescribed under paragraph (1), and that the Secretary of the military department with jurisdiction over the depot is informed of any shortcoming or discrepancy. “(c) Reports.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report containing a certification that sufficient policy and procedures are in place to ensure quality control when the depot or maintenance activities of one military department support another. The report shall include a description of known shortfalls in existing policies and procedures and actions the Department of Defense is taking to address such shortfalls.”
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---
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type: "LegalText"
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title: "10 U.S.C. § 2461a"
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description: "Development and implementation of system for monitoring cost saving resulting from public-private competitions"
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jurisdiction: "us"
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section: "2461a"
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citation: "10 U.S.C. § 2461a"
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---
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# 10 U.S.C. § 2461a - Development and implementation of system for monitoring cost saving resulting from public-private competitions
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## Text
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(a) System for Monitoring Performance.— (1) The Secretary of Defense shall monitor the performance, including the cost of performance, of each function of the Department of Defense that, after October 30, 2000, is the subject of a public-private competition conducted under section 2461 of this title.
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(2) In carrying out paragraph (1), the Secretary shall—
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(A) compare the cost of performing the function before the public-private competition to the cost of performing the function after the implementation of the results of the public-private competition; and
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(B) identify any actual savings of the Department of Defense after the implementation of the results of the public-private competition and compare such savings to the estimated savings identified pursuant to section 2461(a)(1)(E) of this title for that public-private competition;
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(3) The monitoring of a function shall continue under this section for at least five years after the conversion, reorganization, or reengineering of the function pursuant to such a public-private competition.
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(b) Consideration in Preparation of Future-Years Defense Program.— In preparing the future-years defense program under section 221 of this title, the Secretary of Defense shall, for the fiscal years covered by the program, estimate and take into account the costs to be incurred and the savings to be derived from the performance of functions by workforces selected in public-private competitions conducted under section 2461 of this title. The Secretary shall consider the results of the monitoring under this section in making the estimates.
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(Added Pub. L. 106–398, § 1 [[div. A], title III, § 354(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–73; amended Pub. L. 107–107, div. A, title X, § 1048(a)(21), (c)(11), Dec. 28, 2001, 115 Stat. 1224, 1226; Pub. L. 109–163, div. A, title III, § 341(d), (g)(2)(C), Jan. 6, 2006, 119 Stat. 3199, 3200.)
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## Notes
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Editorial Notes
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Amendments2006—Pub. L. 109–163, § 341(g)(2)(C), substituted “Development and implementation of system for monitoring cost saving resulting from public-private competitions” for “Development of system for monitoring cost savings resulting from workforce reductions” in section catchline. Subsec. (a). Pub. L. 109–163, § 341(d)(1), (2), redesignated subsec. (b) as (a) and struck out former subsec. (a) which defined “workforce review”. Subsec. (a)(1). Pub. L. 109–163, § 341(d)(3)(A), substituted “monitor” for “establish a system for monitoring” and “a public-private competition conducted under section 2461 of this title” for “a workforce review”. Subsec. (a)(2). Pub. L. 109–163, § 341(d)(3)(B), added par. (2) and struck out former par. (2) which established requirements for the monitoring system. Subsec. (a)(3). Pub. L. 109–163, § 341(d)(3)(C), inserted “pursuant to such a public-private competition” after “reengineering of the function”. Subsec. (b). Pub. L. 109–163, § 341(d)(4), substituted “public-private competitions conducted under section 2461 of this title” for “workforce reviews”. Pub. L. 109–163, § 341(d)(2), redesignated subsec. (e) as (b). Former subsec. (b) redesignated (a). Subsecs. (c) to (e). Pub. L. 109–163, § 341(d)(1), (2), redesignated subsec. (e) as (b) and struck out former subsecs. (c) and (d) which related to waiver for certain workforce reviews and annual report, respectively. 2001—Subsec. (a)(2). Pub. L. 107–107, § 1048(a)(21), substituted “efficiency” for “effeciency”. Subsec. (b)(1). Pub. L. 107–107, § 1048(c)(11), substituted “October 30, 2000,” for “the date of the enactment of this section,”.
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---
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title: "10 U.S.C. § 2462"
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description: "Repealed. Pub. L. 113–291, div. A, title X, § 1060(a)(2)(A), Dec. 19, 2014, 128 Stat. 3502]"
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chapter_number: "146"
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chapter_name: "CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS"
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section: "2462"
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citation: "10 U.S.C. § 2462"
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status: "current"
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confidence: "official"
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---
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# 10 U.S.C. § 2462 - Repealed. Pub. L. 113–291, div. A, title X, § 1060(a)(2)(A), Dec. 19, 2014, 128 Stat. 3502]
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## Notes
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Section, added Pub. L. 100–370, § 2(a)(1), July 19, 1988, 102 Stat. 853; amended Pub. L. 109–163, div. A, title III, § 341(c)(1), Jan. 6, 2006, 119 Stat. 3197, related to reports on public-private competition.
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---
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type: "LegalText"
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title: "10 U.S.C. § 2463"
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description: "Guidelines and procedures for use of civilian employees to perform Department of Defense functions"
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section: "2463"
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citation: "10 U.S.C. § 2463"
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---
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# 10 U.S.C. § 2463 - Guidelines and procedures for use of civilian employees to perform Department of Defense functions
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## Text
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(a) Guidelines Required.— (1) The Under Secretary of Defense for Personnel and Readiness shall devise and implement guidelines and procedures to ensure that consideration is given to using, on a regular basis, Department of Defense civilian employees to perform new functions and functions that are performed by contractors and could be performed by Department of Defense civilian employees. The Secretary of a military department may prescribe supplemental regulations, if the Secretary determines such regulations are necessary for implementing such guidelines within that military department.
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(2) The guidelines and procedures required under paragraph (1) may not include any specific limitation or restriction on the number of functions or activities that may be converted to performance by Department of Defense civilian employees.
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(b) Special Consideration for Certain Functions.— The guidelines and procedures required under subsection (a) shall provide for special consideration to be given to using Department of Defense civilian employees to perform any function that—
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(1) is performed by a contractor and—
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(A) is a critical function that—
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(i) is necessary to maintain sufficient Government expertise and technical capabilities; or
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(ii) entails operational risk associated with contractor performance;
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(B) is an acquisition workforce function;
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(C) is a function closely associated with the performance of an inherently governmental function;
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(D) has been performed by Department of Defense civilian employees at any time during the previous 10-year period;
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(E) has been performed pursuant to a contract awarded on a non-competitive basis; or
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(F) has been performed poorly, as determined by a contracting officer during the 5-year period preceding the date of such determination, because of excessive costs or inferior quality; or
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(2) is a new requirement, with particular emphasis given to a new requirement that is similar to a function previously performed by Department of Defense civilian employees or is a function closely associated with the performance of an inherently governmental function.
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(c) Exclusion of Certain Functions From Competitions.— The Secretary of Defense may not conduct a public-private competition under this chapter, Office of Management and Budget Circular A–76, or any other provision of law or regulation before—
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(1) in the case of a new Department of Defense function, assigning the performance of the function to Department of Defense civilian employees;
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(2) in the case of any Department of Defense function described in subsection (b), converting the function to performance by Department of Defense civilian employees; or
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(3) in the case of a Department of Defense function performed by Department of Defense civilian employees, expanding the scope of the function.
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(d) Use of Flexible Hiring Authority.— (1) The Secretary of Defense may use the flexible hiring authority available to the Secretary pursuant to section 9902 of title 5, to facilitate the performance by Department of Defense civilian employees of functions described in subsection (b).
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(2) The Secretary shall make use of the inventory required by section 4505(c) of this title for the purpose of identifying functions that should be considered for performance by Department of Defense civilian employees pursuant to subsection (b).
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(e) Determinations Relating to the Conversion of Certain Functions.— (1) Except as provided in paragraph (2), in determining whether a function should be converted to performance by Department of Defense civilian employees, the Secretary of Defense shall—
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(A) develop methodology for determining costs based on the guidance outlined in the Directive-Type Memorandum 09–007 entitled “Estimating and Comparing the Full Costs of Civilian and Military Manpower and Contractor Support” or any successor guidance for the determination of costs when costs are the sole basis for the determination;
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(B) take into consideration any supplemental guidance issued by the Secretary of a military department for determinations affecting functions of that military department; and
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(C) ensure that the difference in the cost of performing the function by a contractor compared to the cost of performing the function by Department of Defense civilian employees would be equal to or exceed the lesser of—
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(i) 10 percent of the personnel-related costs for performance of that function; or
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(ii) $10,000,000.
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(2) Paragraph (1) shall not apply to any function that is inherently governmental or any function described in subparagraph (A), (B), or (C) of subsection (b)(1).
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(f) Notification Relating to the Conversion of Certain Functions.— The Secretary of Defense shall establish procedures for the timely notification of any contractor who performs a function that the Secretary plans to convert to performance by Department of Defense civilian employees pursuant to subsection (a). The Secretary shall provide a copy of any such notification to the congressional defense committees.
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(g) Definitions.— In this section:
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(1) The term “functions closely associated with inherently governmental functions” has the meaning given that term in section 4508(b)(3) of this title.
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(2) The term “acquisition function” has the meaning given that term under section 1721(a) of this title.
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(3) The term “inherently governmental function” has the meaning given that term in the Federal Activities Inventory Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 501 note).
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(Added Pub. L. 110–181, div. A, title III, § 324(a)(1), Jan. 28, 2008, 122 Stat. 60; amended Pub. L. 111–383, div. A, title III, § 353, Jan. 7, 2011, 124 Stat. 4194; Pub. L. 112–81, div. A, title IX, § 938, Dec. 31, 2011, 125 Stat. 1547; Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294.)
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## Notes
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Editorial Notes
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|
||||
Prior ProvisionsProvisions similar to those in this section were contained in Pub. L. 109–163, div. A, title III, § 343, Jan. 6, 2006, 119 Stat. 3200, which was set out as a note under section 2461 of this title, prior to repeal by Pub. L. 110–181, div. A, title III, § 324(c), Jan. 28, 2008, 122 Stat. 61. A prior section 2463, added Pub. L. 100–370, § 2(a)(1), July 19, 1988, 102 Stat. 853; amended Pub. L. 101–189, div. A, title XVI, § 1622(c)(7), Nov. 29, 1989, 103 Stat. 1604; Pub. L. 101–510, div. A, title XIII, § 1301(14), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 105–85, div. A, title III, § 385(a), Nov. 18, 1997, 111 Stat. 1712, related to collection and retention of cost information data on the conversion of services and functions of the Department of Defense to or from contractor performance, prior to repeal by Pub. L. 109–163, div. A, title III, § 341(f), Jan. 6, 2006, 119 Stat. 3199.
|
||||
|
||||
Amendments2021—Subsec. (d)(2). Pub. L. 116–283 substituted “section 4505(c)” for “section 2330a(c)”. Subsec. (g)(1). Pub. L. 116–283 substituted “section 4508(b)(3)” for “section 2383(b)(3)”. 2011—Subsec. (b)(1). Pub. L. 112–81, § 938(1), added subpars. (A), (B), and (D), redesignated former subpars. (B), (C), and (D) as (C), (E), and (F), and struck out former subpar. (A) which read as follows: “has been performed by Department of Defense civilian employees at any time during the previous 10 years;”. Subsec. (d)(1). Pub. L. 111–383 struck out “under the National Security Personnel System, as established” before “pursuant to section 9902 of title 5”. Subsecs. (e), (f). Pub. L. 112–81, § 938(3), added subsecs. (e) and (f). Former subsec. (e) redesignated (g). Subsec. (g). Pub. L. 112–81, § 938(4), substituted “this section:” for “this section the term ‘functions closely associated with inherently governmental functions’ has the meaning given that term in section 2383(b)(3) of this title.” and added pars. (1) to (3). Pub. L. 112–81, § 938(2), redesignated subsec. (e) as (g).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Prohibition on Establishing Goals or Quotas for Conversion of Functions To Performance by Department of Defense Civilian EmployeesPub. L. 111–383, div. A, title III, § 323, Jan. 7, 2011, 124 Stat. 4184, as amended by Pub. L. 117–81, div. A, title XVII, § 1702(b)(2), Dec. 27, 2021, 135 Stat. 2155, provided that: “(a) Prohibition.—The Secretary of Defense may not establish, apply, or enforce any numerical goal, target, or quota for the conversion of Department of Defense functions to performance by Department of Defense civilian employees, unless such goal, target, or quota is based on considered research and analysis, as required by section 2463, 3137 [sic, probably should refer to former section 235], or 4505 of title 10, United States Code. “(b) Decisions to Insource.—In deciding which functions should be converted to performance by Department of Defense civilian employees pursuant to section 2463 of title 10, United States Code, the Secretary of Defense shall use the costing methodology outlined in the Directive-Type Memorandum 09–007 (Estimating and Comparing the Full Costs of Civilian and Military Manpower and Contractor Support) or any successor guidance for the determination of costs when costs are the sole basis for the decision. The Secretary of a military department may issue supplemental guidance to assist in such decisions affecting functions of that military department. “(c) Reports.—“(1) Report to congress.—Not later than March 31, 2011, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the decisions with respect to the conversion of functions to performance by Department of Defense civilian employees made during fiscal year 2010. Such report shall identify, for each such decision—“(A) the agency or service of the Department involved in the decision; “(B) the basis and rationale for the decision; and “(C) the number of contractor employees whose functions were converted to performance by Department of Defense civilian employees. “(2) Comptroller general review.—Not later than 120 days after the submittal of the report under paragraph (1), the Comptroller General of the United States shall submit to the congressional defense committees an assessment of the report. “(d) Construction.—Nothing in this section shall be construed—“(1) to preclude the Secretary of Defense from establishing, applying, and enforcing goals for the conversion of acquisition functions and other critical functions to performance by Department of Defense civilian employees, where such goals are based on considered research and analysis; or “(2) to require the Secretary of Defense to conduct a cost comparison before making a decision to convert any acquisition function or other critical function to performance by Department of Defense civilian employees, where factors other than cost serve as a basis for the Secretary’s decision.”
|
||||
|
||||
Deadline for Issuance of Guidelines and ProceduresPub. L. 110–181, div. A, title III, § 324(a)(3), Jan. 28, 2008, 122 Stat. 61, provided that: “The Secretary of Defense shall implement the guidelines and procedures required under section 2463 of title 10, United States Code, as added by paragraph (1), by not later than 60 days after the date of the enactment of this Act [Jan. 28, 2008].”
|
||||
@@ -0,0 +1,103 @@
|
||||
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|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2464"
|
||||
description: "Core logistics capabilities"
|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2464 - Core logistics capabilities
|
||||
|
||||
## Text
|
||||
|
||||
(a) Necessity for Core Logistics Capabilities.— (1) It is essential for the national defense that the Department of Defense maintain a core logistics capability that is Government-owned and Government-operated (including Government personnel and Government-owned and Government-operated equipment and facilities) to ensure a ready and controlled source of technical competence and resources necessary to ensure effective and timely response to a mobilization, national defense contingency situations, and other emergency requirements.
|
||||
|
||||
(2) The Secretary of Defense shall identify the core logistics capabilities described in paragraph (1) and the workload required to maintain those capabilities.
|
||||
|
||||
(3) The core logistics capabilities identified under paragraphs (1) and (2) shall include those capabilities that are necessary to maintain and repair the weapon systems and other military equipment (including mission-essential weapon systems or materiel not later than four years after achieving initial operational capability, but excluding systems and equipment under special access programs, nuclear aircraft carriers, and commercial products or commercial services described in paragraph (5)) that are identified by the Secretary, in consultation with the Chairman of the Joint Chiefs of Staff, as necessary to enable the armed forces to fulfill the strategic and contingency plans prepared by the Chairman of the Joint Chiefs of Staff under section 153(a) of this title.
|
||||
|
||||
(4) The Secretary of Defense shall require the performance of core logistics workloads necessary to maintain the core logistics capabilities identified under paragraphs (1), (2), and (3) at Government-owned, Government-operated facilities of the Department of Defense (including Government-owned, Government-operated facilities of a military department) and shall assign such facilities sufficient workload to ensure cost efficiency and technical competence in peacetime while preserving the surge capacity and reconstitution capabilities necessary to support fully the strategic and contingency plans referred to in paragraph (3).
|
||||
|
||||
(5) The commercial products or commercial services covered by paragraph (3) are commercial products (as defined in section 103 of title 41) or commercial services (as defined in section 103a of such title) that have been sold or leased in substantial quantities to the general public and are purchased without modification in the same form that they are sold in the commercial marketplace, or with minor modifications to meet Federal Government requirements.
|
||||
|
||||
(b) Limitation on Contracting.— (1) Except as provided in paragraph (2), performance of workload needed to maintain a logistics capability identified by the Secretary under subsection (a)(2) may not be contracted for performance by non-Government personnel under the procedures and requirements of Office of Management and Budget Circular A–76 or any successor administrative regulation or policy (hereinafter in this section referred to as OMB Circular A–76).
|
||||
|
||||
(2) The Secretary of Defense may waive paragraph (1) in the case of any such logistics capability and provide that performance of the workload needed to maintain that capability shall be considered for conversion to contractor performance in accordance with OMB Circular A–76. Any such waiver shall be made under regulations prescribed by the Secretary and shall be based on a determination by the Secretary that Government performance of the workload is no longer required for national defense reasons. Such regulations shall include criteria for determining whether Government performance of any such workload is no longer required for national defense reasons.
|
||||
|
||||
(3) (A) A waiver under paragraph (2) may not take effect until the expiration of the first period of 30 days of continuous session of Congress that begins on or after the date on which the Secretary submits a report on the waiver to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
|
||||
|
||||
(B) For the purposes of subparagraph (A)—
|
||||
|
||||
(i) continuity of session is broken only by an adjournment of Congress sine die; and
|
||||
|
||||
(ii) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session.
|
||||
|
||||
(c) Notification of Determinations Regarding Certain Commercial Products or Commercial Services.— The first time that a weapon system or other item of military equipment described in subsection (a)(3) is determined to be a commercial product or commercial service for the purposes of the exception contained in that subsection, the Secretary of Defense shall submit to Congress a notification of the determination, together with the justification for the determination. The justification for the determination shall include, at a minimum, the following:
|
||||
|
||||
(1) The estimated percentage of commonality of parts of the version of the item that is sold or leased in the commercial marketplace and the Government’s version of the item.
|
||||
|
||||
(2) The value of any unique support and test equipment and tools that are necessary to support the military requirements if the item were maintained by the Government.
|
||||
|
||||
(3) A comparison of the estimated life cycle logistics support costs that would be incurred by the Government if the item were maintained by the private sector with the estimated life cycle logistics support costs that would be incurred by the Government if the item were maintained by the Government.
|
||||
|
||||
(d) Biennial Core Report.— Not later than April 1 of each even-numbered year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (except for the Coast Guard), for the fiscal year after the fiscal year during which the report is submitted, each of the following:
|
||||
|
||||
(1) The core depot-level maintenance and repair capability requirements and sustaining workloads, organized by work breakdown structure, expressed in direct labor hours.
|
||||
|
||||
(2) The corresponding workloads necessary to sustain core depot-level maintenance and repair capability requirements, expressed in direct labor hours and cost.
|
||||
|
||||
(3) In any case where core depot-level maintenance and repair capability requirements exceed or are expected to exceed sustaining workloads, a detailed rationale for any and all shortfalls and a plan either to correct or mitigate the effects of the shortfalls.
|
||||
|
||||
(4) Any workload shortfalls at any work breakdown structure category designated as a lower-level category pursuant to Department of Defense Instruction 4151.20, or any successor instruction.
|
||||
|
||||
(5) A description of any workload executed at a category designated as a first-level category pursuant to such Instruction, or any successor instruction, that could be used to mitigate shortfalls in similar categories.
|
||||
|
||||
(6) A description of any progress made on implementing mitigation plans developed pursuant to paragraph (3).
|
||||
|
||||
(7) A description of core capability requirements and corresponding workloads at the first level category.
|
||||
|
||||
(8) In the case of any shortfall that is identified, a description of the shortfall and an identification of the subcategory of the work breakdown structure in which the shortfall occurred.
|
||||
|
||||
(9) In the case of any work breakdown structure category designated as a special interest item or other pursuant to such Instruction, or any successor instruction, an explanation for such designation.
|
||||
|
||||
(10) Whether the core depot-level maintenance and repair capability requirements described in the report submitted under this subsection for the preceding fiscal year have been executed.
|
||||
|
||||
(Added and amended Pub. L. 112–239, div. A, title III, § 322(b)(2)(A), (d), Jan. 2, 2013, 126 Stat. 1695; Pub. L. 115–91, div. A, title III, § 332, Dec. 12, 2017, 131 Stat. 1354; Pub. L. 115–232, div. A, title VIII, § 836(e)(10), Aug. 13, 2018, 132 Stat. 1870; Pub. L. 118–31, div. A, title III, § 342, Dec. 22, 2023, 137 Stat. 224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section 322(b)(2)(A) of Pub. L. 112–239, cited as a credit to this section, revived section 2464 of this title as in effect the day before the date of the enactment of Pub. L. 112–81, Dec. 31, 2011. See Prior Provisions note below.
|
||||
|
||||
Prior ProvisionsA prior section 2464, added Pub. L. 100–370, § 2(a)(1), July 19, 1988, 102 Stat. 853; amended Pub. L. 101–189, div. A, title XVI, § 1622(c)(7), Nov. 29, 1989, 103 Stat. 1604; Pub. L. 104–106, div. A, title III, § 314, Feb. 10, 1996, 110 Stat. 251; Pub. L. 105–85, div. A, title III, § 356(a), Nov. 18, 1997, 111 Stat. 1694; Pub. L. 105–261, div. A, title III, § 343(a), Oct. 17, 1998, 112 Stat. 1976; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 112–81, div. A, title III, § 327(a), Dec. 31, 2011, 125 Stat. 1366, related to core depot-level maintenance and repair capabilities prior to repeal by Pub. L. 112–239, div. A, title III, § 322(a)(2), Jan. 2, 2013, 126 Stat. 1694.
|
||||
|
||||
Amendments2023—Subsec. (e). Pub. L. 118–31 struck out subsec. (e). Text read as follows: “The Comptroller General of the United States shall review each report submitted under subsection (d) for completeness and compliance and shall submit to the congressional defense committees findings and recommendations with respect to the report by not later than 60 days after the date on which the report is submitted to Congress.” 2018—Subsec. (a)(3). Pub. L. 115–232, § 836(e)(10)(A)(i), substituted “commercial products or commercial services” for “commercial items”. Subsec. (a)(5). Pub. L. 115–232, § 836(e)(10)(A)(ii), substituted “The commercial products or commercial services covered by paragraph (3) are commercial products (as defined in section 103 of title 41) or commercial services (as defined in section 103a of such title)” for “The commercial items covered by paragraph (3) are commercial items”. Subsec. (c). Pub. L. 115–232, § 836(e)(10)(B), in heading, substituted “Commercial Products or Commercial Services” for “Commercial Items” and, in introductory provisions, substituted “commercial product or commercial service” for “commercial item”. 2017—Subsec. (d)(4) to (10). Pub. L. 115–91 added pars. (4) to (10). 2013—Subsecs. (d), (e). Pub. L. 112–239, § 322(d), added subsecs. (d) and (e).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
|
||||
|
||||
Effective DateSection and amendment by Pub. L. 112–239 effective Dec. 31, 2011, immediately after enactment of Pub. L. 112–81. See section 322(f) of Pub. L. 112–239, set out as an Effective Date of 2013 Amendment note under section 4251 of this title.
|
||||
|
||||
Updated Guidance Regarding Biennial Core ReportPub. L. 115–91, div. A, title III, § 338, Dec. 12, 2017, 131 Stat. 1360, provided that: “To ensure that the biennial core reporting procedures of the Department of Defense align with the requirements of section 2464 of title 10, United States Code, and that each reporting agency provides accurate and complete information, the Secretary of Defense shall direct the Under Secretary of Defense for Acquisition, Technology and Logistics to update the Department of Defense Guidance, in particular Department of Defense Instruction 4151.20, to require future biennial core reports include instructions to the reporting agencies on how to— “(1) report additional depot workload performed that has not been identified as a core requirement; “(2) accurately capture inter-service workload; “(3) calculate shortfalls; and “(4) estimate the cost of planned workload.”
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
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|
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|
||||
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|
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|
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---
|
||||
|
||||
# 10 U.S.C. § 2465 - Prohibition on contracts for performance of firefighting or security-guard functions
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided in subsection (b), funds appropriated to the Department of Defense may not be obligated or expended for the purpose of entering into a contract for the performance of firefighting or security-guard functions at any military installation or facility.
|
||||
|
||||
(b) The prohibition in subsection (a) does not apply to the following contracts:
|
||||
|
||||
(1) A contract to be carried out at a location outside the United States (including its commonwealths, territories, and possessions) at which members of the armed forces would have to be used for the performance of a function described in subsection (a) at the expense of unit readiness.
|
||||
|
||||
(2) A contract to be carried out on a Government-owned but privately operated installation.
|
||||
|
||||
(3) A contract (or the renewal of a contract) for the performance of a function under contract on September 24, 1983.
|
||||
|
||||
(4) A contract that is—
|
||||
|
||||
(A) for a period of one year or less; and
|
||||
|
||||
(B) covers the performance of functions that, in the absence of the contract, would have to be performed by members of the armed forces who are not readily available to perform such functions.
|
||||
|
||||
(Added Pub. L. 99–661, div. A, title XII, § 1222(a)(1), Nov. 14, 1986, 100 Stat. 3976, § 2693; amended Pub. L. 100–180, div. A, title XI, § 1112(a)–(b)(2), Dec. 4, 1987, 101 Stat. 1147; renumbered § 2465, Pub. L. 100–370, § 2(b)(1), July 19, 1988, 102 Stat. 854; Pub. L. 104–106, div. A, title XV, § 1503(a)(25), Feb. 10, 1996, 110 Stat. 512; Pub. L. 108–136, div. A, title III, § 331, Nov. 24, 2003, 117 Stat. 1442; Pub. L. 119–60, div. A, title III, § 335, Dec. 18, 2025, 139 Stat. 818.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (b)(4). Pub. L. 119–60, § 335(1), substituted “that” for “for the performance of firefighting functions if the contract” in introductory provisions. Subsec. (b)(4)(B). Pub. L. 119–60, § 335(2), struck out “only” before “the performance”, “firefighting” before “functions that,”, and “by reason of a deployment” before period at end. 2003—Subsec. (b). Pub. L. 108–136 substituted “apply to the following contracts:” for “apply—” in introductory provisions, “A” for “to a” at beginning of pars. (1) to (3), period for semicolon at end of par. (1), and period for “; or” at end of par. (2), and added par. (4). 1996—Subsec. (b)(3). Pub. L. 104–106 substituted “under contract on September 24, 1983” for “under contract or September 24, 1983”. 1988—Pub. L. 100–370 renumbered section 2693 of this title as this section. 1987—Pub. L. 100–180 inserted “or security-guard” before “functions” in section catchline and subsec. (a), and substituted “a function” for “the function” in subsec. (b)(1).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Temporary Authority To Contract With Local and State Governments for Performance of Security Functions at United States Military InstallationsPub. L. 107–56, title X, § 1010, Oct. 26, 2001, 115 Stat. 395, which provided authority, during Operation Enduring Freedom and the subsequent 180 days, to use defense funds to contract with local and state governments to perform security functions at military installations, was repealed by Pub. L. 115–232, div. A, title VIII, § 812(b)(53), Aug. 13, 2018, 132 Stat. 1850.
|
||||
|
||||
Performance of Emergency Response Functions at Chemical Weapons Storage InstallationsPub. L. 106–398, § 1 [[div. A], title III, § 355], Oct. 30, 2000, 114 Stat. 1654, 1654A–75, provided that: “(a) Restriction on Conversion.—The Secretary of the Army may not convert to contractor performance the emergency response functions of any chemical weapons storage installation that, as of the date of the enactment of this Act [Oct. 30, 2000], are performed for that installation by employees of the United States until the certification required by subsection (c) has been submitted in accordance with that subsection. “(b) Covered Installations.—For the purposes of this section, a chemical weapons storage installation is any installation of the Department of Defense on which lethal chemical agents or munitions are stored. “(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 mission at a chemical weapons storage installation during any transition to contractor performance of those functions at the installation, the plan for conversion of the performance of those functions—“(1) is consistent with the recommendation contained in General Accounting Office [now Government Accountability Office] Report NSIAD–00–88, entitled ‘DoD Competitive Sourcing’, dated March 2000; “(2) provides for a transition to contractor performance of emergency response functions which ensures an adequate transfer of the relevant knowledge and expertise regarding chemical weapon emergency response to the contractor personnel; and “(3) complies with section 2465 of title 10, United States Code.”
|
||||
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|
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2467 - Repealed. Pub. L. 110–181, div. A, title III, § 322(b)(1), Jan. 28, 2008, 122 Stat. 59]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 100–456, div. A, title III, § 331(a), Sept. 29, 1988, 102 Stat. 1957; amended Pub. L. 106–65, div. A, title III, § 342(a), (b)(1), Oct. 5, 1999, 113 Stat. 569; Pub. L. 107–107, div. A, title X, § 1048(a)(22), Dec. 28, 2001, 115 Stat. 1224, related to cost comparisons: inclusion of retirement costs; consultation with employees; waiver of comparison.
|
||||
@@ -0,0 +1,33 @@
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
section: "2468"
|
||||
citation: "10 U.S.C. § 2468"
|
||||
status: "current"
|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2468 - Repealed. Pub. L. 107–107, div. A, title X, § 1048(e)(10)(A), Dec. 28, 2001, 115 Stat. 1228]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 101–189, div. A, title XI, § 1131(a)(1), Nov. 29, 1989, 103 Stat. 1560; amended Pub. L. 101–510, div. A, title IX, § 921, Nov. 5, 1990, 104 Stat. 1627; Pub. L. 102–190, div. A, title III, § 315(a), Dec. 5, 1991, 105 Stat. 1337; Pub. L. 103–160, div. A, title III, § 370(c), Nov. 30, 1993, 107 Stat. 1634; Pub. L. 103–337, div. A, title III, § 386(c), Oct. 5, 1994, 108 Stat. 2742, related to authority of military base commanders over contracting for commercial activities.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
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|
||||
title: "10 U.S.C. § 2469"
|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2469 - Contracts to perform workloads previously performed by depot-level activities of the Department of Defense: requirement of competition
|
||||
|
||||
## Text
|
||||
|
||||
(a) Requirement for Competition.— The Secretary of Defense shall ensure that the performance of a depot-level maintenance and repair workload described in subsection (b) is not changed to performance by a contractor or by another depot-level activity of the Department of Defense unless the change is made using—
|
||||
|
||||
(1) merit-based selection procedures for competitions among all depot-level activities of the Department of Defense; or
|
||||
|
||||
(2) competitive procedures for competitions among private and public sector entities.
|
||||
|
||||
(b) Scope.— Except as provided in subsection (c), subsection (a) applies to any depot-level maintenance and repair workload that has a value of not less than $3,000,000 (including the cost of labor and materials) and is being performed by a depot-level activity of the Department of Defense.
|
||||
|
||||
(c) Exception for Public-Private Partnerships.— The requirements of subsection (a) may be waived in the case of a depot-level maintenance and repair workload that is performed at a Center of Industrial and Technical Excellence designated under subsection (a) of section 2474 of this title by a public-private partnership entered into under subsection (b) of such section consisting of a depot-level activity and a private entity.
|
||||
|
||||
(d) Inapplicability of OMB Circular A–76.— Office of Management and Budget Circular A–76 (or any successor administrative regulation or policy) does not apply to a performance change to which subsection (a) applies.
|
||||
|
||||
(Added Pub. L. 102–484, div. A, title III, § 353(a), Oct. 23, 1992, 106 Stat. 2378; amended Pub. L. 103–160, div. A, title III, § 346, title XI, § 1182(a)(7), Nov. 30, 1993, 107 Stat. 1625, 1771; Pub. L. 103–337, div. A, title III, § 338, Oct. 5, 1994, 108 Stat. 2718; Pub. L. 104–106, div. A, title III, § 311(f)(1), Feb. 10, 1996, 110 Stat. 248; Pub. L. 105–85, div. A, title III, §§ 355(b), 363, Nov. 18, 1997, 111 Stat. 1694, 1702; Pub. L. 106–65, div. A, title III, § 334, Oct. 5, 1999, 113 Stat. 568; Pub. L. 108–136, div. A, title III, § 333, Nov. 24, 2003, 117 Stat. 1442.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2003—Subsec. (b). Pub. L. 108–136, § 333(1), substituted “Except as provided in subsection (c), subsection” for “Subsection”. Subsecs. (c), (d). Pub. L. 108–136, § 333(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). 1999—Subsec. (b). Pub. L. 106–65 inserted “(including the cost of labor and materials)” after “$3,000,000”. 1997—Pub. L. 105–85, § 363, repealed Pub. L. 104–106, § 311(f)(1). See 1996 Amendment note below. Subsecs. (a), (b). Pub. L. 105–85, § 355(b), substituted “maintenance and repair” for “maintenance or repair”. 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 maintenance workload that has a value of not less than $3,000,000 and is being performed by a depot-level activity of the Department of Defense to performance by a contractor unless the Secretary uses competitive procedures 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 subsection (a).” 1993—Pub. L. 103–160, § 346, amended section, as amended by Pub. L. 103–160, § 1182(a)(7), (h), by designating existing provisions as subsec. (a), inserting heading, striking out “threshold” before “value”, substituting “to performance by a contractor unless the Secretary uses competitive procedures for the selection of the contractor to perform such workload” for “unless 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”.
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
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|
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|
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|
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|
||||
section: "2469a"
|
||||
citation: "10 U.S.C. § 2469a"
|
||||
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|
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|
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2469a - Repealed. Pub. L. 107–314, div. A, title III, § 333(a), Dec. 2, 2002, 116 Stat. 2514]
|
||||
|
||||
## Notes
|
||||
|
||||
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 procedures in contracting for performance of depot-level maintenance and repair workloads formerly performed at closed or realigned military installations.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
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|
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|
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|
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|
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|
||||
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|
||||
citation: "10 U.S.C. § 2470"
|
||||
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|
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|
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2470 - Depot-level activities of the Department of Defense: authority to compete for maintenance and repair workloads of other Federal agencies
|
||||
|
||||
## Text
|
||||
|
||||
A depot-level activity of the Department of Defense shall be eligible to compete for the performance 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.)
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2471"
|
||||
description: "Repealed. Pub. L. 106–398, § 1 [[div. A], title III, § 341(g)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–64]"
|
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|
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|
||||
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|
||||
section: "2471"
|
||||
citation: "10 U.S.C. § 2471"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2471 - Repealed. Pub. L. 106–398, § 1 [[div. A], title III, § 341(g)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–64]
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 2472"
|
||||
description: "Prohibition on management of depot employees by end strength"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "2472"
|
||||
citation: "10 U.S.C. § 2472"
|
||||
status: "current"
|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2472 - Prohibition on management of depot employees by end strength
|
||||
|
||||
## Text
|
||||
|
||||
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 workloads 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 employees 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.)
|
||||
|
||||
## Notes
|
||||
|
||||
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.
|
||||
|
||||
Amendments2004—Pub. L. 108–375 substituted “Prohibition on management of depot employees by end strength” for “Management of depot employees” in section catchline, struck out subsec. (a) designation and heading before “The civilian”, and struck out heading and text of subsec. (b). Text read as follows: “Not later than December 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 materiel. 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 provided for that fiscal year for performance by Department of Defense employees.” 1999—Subsec. (b). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”. 1997—Subsec. (a). Pub. L. 105–85 inserted first sentence 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 number 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 ReportPub. 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.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "2473"
|
||||
citation: "10 U.S.C. § 2473"
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2473 - Annual five-year plans on improvement of depot infrastructure
|
||||
|
||||
## Text
|
||||
|
||||
(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 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 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.
|
||||
|
||||
(Added Pub. L. 117–263, div. A, title III, § 373, Dec. 23, 2022, 136 Stat. 2540.)
|
||||
|
||||
## Notes
|
||||
|
||||
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 ProvisionsA 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, required the Secretary of Defense to place conditions on the procurement of property or services in order to preserve 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.
|
||||
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||||
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|
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|
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|
||||
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|
||||
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|
||||
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||||
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||||
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|
||||
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---
|
||||
|
||||
# 10 U.S.C. § 2475 - Consolidation, restructuring, or reengineering of organizations, functions, or activities: notification requirements
|
||||
|
||||
## Text
|
||||
|
||||
(a) Strategic Sourcing Plan of Action Defined.— In this section, the term “Strategic Sourcing Plan of Action” means a Strategic Sourcing Plan of Action for the Department of Defense (as identified in the Department of Defense Interim Guidance dated February 29, 2000, or any successor Department of Defense guidance or directive) in effect for a fiscal year.
|
||||
|
||||
(b) Notification of Decision To Execute Plan.— If a decision is made to consolidate, restructure, or reengineer an organization, function, or activity of the Department of Defense pursuant to a Strategic Sourcing Plan of Action described in subsection (a), and such consolidation, restructuring, or reengineering would result in a manpower reduction affecting 50 or more personnel of the Department of Defense (including military and civilian personnel)—
|
||||
|
||||
(1) the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing that decision, including—
|
||||
|
||||
(A) a projection of the savings that will be realized as a result of the consolidation, restructuring, or reengineering, compared with the cost incurred by the Department of Defense to perform the function or to operate the organization or activity prior to such proposed consolidation, restructuring, or reengineering;
|
||||
|
||||
(B) a description of all missions, duties, or military requirements that will be affected as a result of the decision to consolidate, restructure, or reengineer the organization, function, or activity that was analyzed;
|
||||
|
||||
(C) the Secretary’s certification that the consolidation, restructuring, or reengineering will not result in any diminution of military readiness;
|
||||
|
||||
(D) a schedule for performing the consolidation, restructuring, or reengineering; and
|
||||
|
||||
(E) the Secretary’s certification that the entire analysis for the consolidation, restructuring, or reengineering is available for examination; and
|
||||
|
||||
(2) the head of the Defense Agency or the Secretary of the military department concerned may not implement the plan until 30 days after the date that the agency head or Secretary submits notification to the Committees on Armed Services of the Senate and House of Representatives of the intent to carry out such plan.
|
||||
|
||||
(Added Pub. L. 106–398, § 1 [[div. A], title III, § 353(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–72; amended Pub. L. 115–91, div. A, title X, § 1051(a)(17), Dec. 12, 2017, 131 Stat. 1561.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2017—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.
|
||||
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 2476 - Minimum capital investment for certain depots
|
||||
|
||||
## Text
|
||||
|
||||
(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. Whenever the Secretary makes such a waiver, the Secretary shall notify the congressional 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 section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report containing budget justification documents summarizing the level of capital investment 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, regulatory, or operational impediments to achieving the requirement under subsection (a)(1) with respect to each military department.
|
||||
|
||||
(B) A description of the benchmarks for capital investment established for each covered depot and military department and the relationship of the benchmarks to applicable performance 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 statement 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 preceding three fiscal years and actual investment funds allocated to each depot for the period covered by the report.
|
||||
|
||||
(F) A table enumerating, for the period covered 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 subparagraph (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, Pennsylvania.
|
||||
|
||||
(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, Washington.
|
||||
|
||||
(vii) Norfolk Naval Shipyard, Virginia.
|
||||
|
||||
(B) The following Marine Corps depots:
|
||||
|
||||
(i) Marine Corps Logistics Base, Albany, Georgia.
|
||||
|
||||
(ii) Marine Corps Logistics Base, Barstow, 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. 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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Subsec. (a). Pub. L. 117–263, § 374(a)(1), designated 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), redesignated subsecs. (c) and (d) as (d) and (e), respectively, and substituted “subsection (a)(1)” for “subsection (a)” wherever appearing. Former subsec. (e) redesignated (f). Subsec. (e)(2)(F). Pub. L. 117–263, § 374(a)(5), added subpar. (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 “includes investment funds spent to modernize or improve the efficiency of depot facilities, equipment, work environment, or processes in direct support” for “includes investment funds spent on depot infrastructure, equipment, 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 directed addition of subpar. (E) at end of subsec. (d), was executed by adding subpar. (E) at end of par. (2) of subsec. (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 introductory provisions for subpars. (A) and (B), redesignated former subpars. (A) to (G) as cls. (i) to (vii), respectively, 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 AmendmentPub. 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 beginning on or after October 1, 2023.”
|
||||
|
||||
Effective DatePub. 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 ArmyPub. 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 carryover with respect to the depots and arsenals of the Department of the Army, the Secretary of Defense shall authorize the Secretary of the Army to use a calculation 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 OperationsPub. 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 program under which the digitization of the facilities and operations of at least one covered depot shall be provided 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 infrastructure and activities. “(2) The modeling and simulation of optimized facility 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 additive manufacturing technologies that could improve maintenance, repair, and remanufacturing operations. “(c) Report.—Not later than 60 days after the completion of the digital twin model and associated analysis, the Assistant Secretary of Defense for Sustainment shall submit to the Committees on Armed Services of the Senate and the House of Representatives 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 applicability 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 ‘Secretary 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 DefensePub. L. 116–92, div. A, title III, § 359, Dec. 20, 2019, 133 Stat. 1323, as amended by Pub. L. 119–60, div. A, title III, § 338, Dec. 18, 2025, 139 Stat. 820, provided that: “(a) Strategy Required.—Not later than October 1, 2020, the Secretary of Defense shall submit to the congressional 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 departments with the objective of ensuring that all covered depots have the capacity and capability to support the readiness and material availability goals of current and future weapon systems of the Department of Defense. “(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 following:“(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 performance 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 modernization 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 conditions. “(B) An identification of analytically based goals relating to the elements identified in subparagraph (A). “(2) A business-case analysis that assesses investment alternatives comparing cost, performance, risk, and readiness outcomes and recommends an optimal investment approach across the Department of Defense to ensure covered depots efficiently and effectively meet the readiness goals of the Department, including an assessment of the following alternatives:“(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 current inventory of facilities at covered depots can meet the mission-capable, readiness, and contingency 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 covered 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 implement 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 implementing the plan. “(E) Organizational roles and responsibilities for implementing the plan. “(F) A process for conducting regular management 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 addressed recommendations made by the Comptroller General of the United States relating to depot operations during the five-year period preceding the date of submittal of the strategy under this section. “(H) Risks to implementing the plan and mitigation strategies to address those risks. “(c) Comptroller General Reports.—“(1) Assessment of strategy.—Not later than January 1, 2021, the Comptroller General of the United States shall submit to the congressional defense committees 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 submit 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. “(d) 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.”
|
||||
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Two Year Phase-in for Departments of the Army and the NavyPub. L. 109–364, div. A, title III, § 332(d), Oct. 17, 2006, 120 Stat. 2150, reduced the percentage of required investment in covered depots pursuant to subsec. (a) of this section for fiscal years 2007 and 2008.
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