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

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. 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 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. 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. 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. 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. 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. A specification of any statutory, regulatory, or operational impediments to achieving the requirement under subsection (a)(1) with respect to each military department. 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. 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. Separate consideration and reporting of Navy depots and Marine Corps depots. 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. 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). Anniston Army Depot, Alabama. Letterkenny Army Depot, Pennsylvania. Tobyhanna Army Depot, Pennsylvania. Corpus Christi Army Depot, Texas. Red River Army Depot, Texas. Watervliet Arsenal, New York. Rock Island Arsenal, Illinois. Pine Bluff Arsenal, Arkansas. Tooele Army Depot, Utah. Fleet Readiness Center East Site, Cherry Point, North Carolina. Fleet Readiness Center Southwest Site, North Island, California. Fleet Readiness Center Southeast Site, Jacksonville, Florida. Portsmouth Naval Shipyard, Maine. Pearl Harbor Naval Shipyard, Hawaii. Puget Sound Naval Shipyard, Washington. Norfolk Naval Shipyard, Virginia. Marine Corps Logistics Base, Albany, Georgia. Marine Corps Logistics Base, Barstow, California. Warner-Robins Air Logistics Center, Georgia. Ogden Air Logistics Center, Utah. Oklahoma City Air Logistics Center, Oklahoma. applies a material end of period exclusion; and excludes from the calculated carryover amount the proceeds of any foreign military sale.” 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. The creation of a digital twin model of the maintenance, repair, and remanufacturing infrastructure and activities. The modeling and simulation of optimized facility configuration, logistics systems, and processes. The analysis of material flow and resource use to achieve key performance metrics for all levels of maintenance and repair. An assessment of automated, advanced, and additive manufacturing technologies that could improve maintenance, repair, and remanufacturing operations. a summary of the cost of the pilot program; a description of the efficiencies identified under the pilot program; a description of the infrastructure, workforce, and capital equipment investments necessary to achieve such efficiencies; any plans to undertake such investments; and 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. Portsmouth Naval Shipyard, Maine. Pearl Harbor Naval Shipyard, Hawaii. Puget Sound Naval Shipyard, Washington. Norfolk Naval Shipyard, Virginia. The terms ‘military departments’ and ‘Secretary concerned’ have the meanings given such terms in section 101 of title 10 , United States Code.” 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. Cost and schedule performance of the depot. Material availability of weapon systems supported at the depot and the impact of the performance of the depot on that availability. Work in progress and non-operational items awaiting depot maintenance. The condition of the depot. The backlog of restoration and modernization projects at the depot. The condition of equipment at the depot. the vulnerability of the depot to adverse environmental conditions and, if necessary, the investment required to withstand those conditions. An identification of analytically based goals relating to the elements identified in subparagraph (A). The minimum investment necessary to meet investment requirements under section 2476 of title 10 , United States Code. 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. The investment necessary to execute the depot infrastructure optimization plans of each military department. Any other strategies for investment in covered depots, as identified by the Secretary. The approach of the Secretary of Defense for achieving the goals outlined in paragraph (1)(B). The resources and investments required to implement the plan. The activities and milestones required to implement the plan. the progress of each military department in achieving such goals; and the progress of the Department in implementing the plan. Organizational roles and responsibilities for implementing the plan. A process for conducting regular management review and coordination of the progress of each military department in implementing the plan and achieving such goals. 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. Risks to implementing the plan and mitigation strategies to address those risks. 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. 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. 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.”