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Title 10 — Armed Forces

Part IV · Chapter 146 — Contracting for Performance of Civilian Commercial or Industrial Type Functions

§ 2466. Limitations on the performance of depot-level maintenance of materiel

Statutory text

(a)

Percentage Limitation.—

Not more than 50 percent of the funds made available in a fiscal year to a military department or a Defense Agency for depot-level maintenance and repair workload may be used to contract for the performance by non-Federal Government personnel of such workload for the military department or the Defense Agency. Any such funds that are not used for such a contract shall be used for the performance of depot-level maintenance and repair workload by employees of the Department of Defense.

(b)

Waiver of Limitation.—

The Secretary of Defense may waive the limitation in subsection (a) for a fiscal year if—

(1)

the Secretary determines that the waiver is necessary for reasons of national security; and

(2)

the Secretary submits to Congress a notification of the waiver together with the reasons for the waiver.

(c)

Prohibition on Delegation of Waiver Authority.—

The authority to grant a waiver under subsection (b) may not be delegated.

(d)

Annual Report.—

(1)

Not later than 90 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that was expended during the preceding fiscal year, and are projected to be expended during the current fiscal year and the ensuing fiscal year, for performance of depot-level maintenance and repair workloads by the public and private sectors.

(2)

Each report required under paragraph (1) shall include as a separate item any expenditure covered by section 2474(f) of this title that was made during the fiscal year covered by the report and shall specify the amount and nature of each such expenditure.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act, Fiscal Year 1989

    Pub. L. 100–456 div. A title III § 326(a) · 102 Stat. 1918

    Enacted · 10 U.S.C. § 2466

    Added Pub. L. 100–456, div. A, title III, § 326(a), Sept. 29, 1988, 102 Stat. 1955

    Source evidence

    Code source credit
    Added Pub. L. 100–456, div. A, title III, § 326(a), Sept. 29, 1988, 102 Stat. 1955

    Enacted provision · exact public law section
    (a) In General.— Chapter 146 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2466. Prohibition on certain depot maintenance workload competitions “The Secretary of Defense may not require the Secretary of the Army or the Secretary of the Air Force, in selecting an entity to perform any depot maintenance workload, to carry out a competition for such selection— “(1) between or among maintenance activities of the Department of the Army and the Department of the Air Force; or “(2) between a maintenance activity of either such department and a private contractor.”.

  2. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 div. A title III § 313 · 103 Stat. 1352

    1. Substituted · 10 U.S.C. § 2466

      Pub. L. 101–189, in introductory provisions, substituted “shall prohibit” for “may not require”

    2. Substituted · 10 U.S.C. § 2466

      Pub. L. 101–189, in introductory provisions, substituted “Army and” for “Army or”

    3. Substituted · 10 U.S.C. § 2466

      Pub. L. 101–189, in introductory provisions, substituted “from carrying out” for “to carry out”

    Source evidence

    Code amendment note
    Pub. L. 101–189, in introductory provisions, substituted “shall prohibit” for “may not require”, “Army and” for “Army or”, and “from carrying out” for “to carry out”.

    Enacted provision · exact public law section
    SEC. 313. CLARIFICATION OF PROHIBITION ON CERTAIN DEPOT MAINTENANCE WORKLOAD COMPETITIONS Section 2466 of title 10, United States Code, is amended— (1) by striking out “may not require” and inserting in lieu thereof “shall prohibit”; (2) by striking out “or” after “Secretary of the Army” and inserting in lieu thereof “and”; and (3) by striking out “to carry out” and inserting in lieu thereof “from carrying out”.

  3. National Defense Authorization Act for Fiscal Years 1992 and 1993

    Pub. L. 102–190 div. A title III § 314(a)(1) · 105 Stat. 1290

    1. Substituted · 10 U.S.C. § 2466

      Pub. L. 102–190 substituted section catchline for one which read “Prohibition on certain depot maintenance workload competitions”

    2. Amended · 10 U.S.C. § 2466

      Pub. L. 102–190 amended text generally. Prior to amendment, text read as follows: “The Secretary of Defense shall prohibit the Secretary of the Army and the Secretary of the Air Force, in selecting an entity to perform any depot maintenance workload, from carrying out a competition for such selection—

    Source evidence

    Code amendment note
    Pub. L. 102–190 substituted section catchline for one which read “Prohibition on certain depot maintenance workload competitions” and amended text generally. Prior to amendment, text read as follows: “The Secretary of Defense shall prohibit the Secretary of the Army and the Secretary of the Air Force, in selecting an entity to perform any depot maintenance workload, from carrying out a competition for such selection—

    “(1) between or among maintenance activities of the Department of the Army and the Department of the Air Force; or “(2) between a maintenance activity of either such department and a private contractor.”

    Enacted provision · exact public law section
    (1) Section 2466 of title 10, United States Code, is amended to read as follows: “§ 2466. Limitations on the performance of depot-level maintenance of materiel “(a) Percentage Limitation.— Not less than 60 percent of the funds available for each fiscal year for depot-level maintenance of materiel managed for the Department of the Army and the Department of the Air Force shall be used for the performance of such depot-level maintenance by employees of the Department of Defense. “(b) Prohibition on Management by End Strength.— The civilian employees of the Department of Defense involved in the depot-level maintenance 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. Such employees shall be managed solely on the basis of the available workload and the funds made available for such depot-level maintenance. “(c) Waiver of Limitation.— The Secretary of the Army, with respect to the Department of the Army, and the Secretary of the Air Force, with respect to the Department of the Air Force, may waive the applicability of subsection (a) for a fiscal year, to a particular workload, or to a particular depot-level activity if the Secretary determines that the waiver is necessary for reasons of national security and notifies Congress regarding the reasons for the waiver. “(d) Exception.— Subsection (a) shall not apply with respect to the Sacramento Army Depot, Sacramento, California. “(e) Reports.— Not later than January 15, 1992, and January 15, 1993, the Secretary of the Army and the Secretary of the Air Force shall jointly submit to Congress a report describing the progress during the preceding fiscal year to achieve and maintain the percentage of depot-level maintenance required to be performed by employees of the Department of Defense pursuant to subsection (a).”

  4. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 352(a) · 106 Stat. 2315

    Amended · 10 U.S.C. § 2466(a)

    Pub. L. 102–484, § 352(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Percentage Limitation.—Not less than 60 percent of the funds available for each fiscal year for depot-level maintenance of materiel managed for the Department of the Army and the Department of the Air Force shall be used for the performance of such depot-level maintenance by employees of the Department of Defense.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–484, § 352(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Percentage Limitation.—Not less than 60 percent of the funds available for each fiscal year for depot-level maintenance of materiel managed for the Department of the Army and the Department of the Air Force shall be used for the performance of such depot-level maintenance by employees of the Department of Defense.”

    Enacted provision · exact public law section
    (a) Limitation.— Section 2466(a) of title 10, United States Code, is amended to read as follows: “(a) Percentage Limitation.— (1) Except as provided in paragraph (2), the Secretary of a military department and, with respect to a Defense Agency, the Secretary of Defense, may not contract for the performance by non-Federal Government personnel of more than 40 percent of the depot-level maintenance workload for the military department or the Defense Agency. “(2) The Secretary of the Army shall provide for the performance by employees of the Department of Defense of not less than the following percentages of Army aviation depot-level maintenance workload: “(A) For fiscal year 1993, 50 percent. “(B) For fiscal year 1994, 55 percent. “(C) For fiscal year 1995, 60 percent.”.

  5. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 352(b) · 106 Stat. 2315

    Substituted · 10 U.S.C. § 2466(c)

    Pub. L. 102–484, § 352(b), substituted “The Secretary of the military department concerned and, with respect to a Defense Agency, the Secretary of Defense” for “The Secretary of the Army, with respect to the Department of the Army, and the Secretary of the Air Force, with respect to the Department of the Air Force,”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–484, § 352(b), substituted “The Secretary of the military department concerned and, with respect to a Defense Agency, the Secretary of Defense” for “The Secretary of the Army, with respect to the Department of the Army, and the Secretary of the Air Force, with respect to the Department of the Air Force,”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 2466(c) of such title is amended by striking out “The Secretary of the Army, with respect to the Department of the Army, and the Secretary of the Air Force, with respect to the Department of the Air Force,” and inserting in lieu thereof “The Secretary of the military department concerned and, with respect to a Defense Agency, the Secretary of Defense”.

  6. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 352(c) · 106 Stat. 2315

    1. Amended · 10 U.S.C. § 2466(e)

      Pub. L. 102–484, § 352(c), designated existing provisions as par. (1)

    2. Added · 10 U.S.C. § 2466(e)

      Pub. L. 102–484, § 352(c), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–484, § 352(c), designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (c) Report.— Section 2466(e) of such title is amended— (1) by inserting “(1)” after “Reports.—”; and (2) by adding at the end the following: “(2) Not later than January 15, 1994, the Secretary of each military department and the Secretary of Defense, with respect to the Defense Agencies, shall jointly submit to Congress a report described in paragraph (1).”.

  7. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 332(a) · 108 Stat. 2663

    Amended · 10 U.S.C. § 2466(a)

    Pub. L. 103–337, § 332(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows:

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–337, § 332(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows:

    “(1) Except as provided in paragraph (2), the Secretary of a military department and, with respect to a Defense Agency, the Secretary of Defense, may not contract for the performance by non-Federal Government personnel of more than 40 percent of the depot-level maintenance workload for the military department or the Defense Agency. “(2) The Secretary of the Army shall provide for the performance by employees of the Department of Defense of not less than the following percentages of Army aviation depot-level maintenance workload: “(A) For fiscal year 1993, 50 percent. “(B) For fiscal year 1994, 55 percent. “(C) For fiscal year 1995, 60 percent.”

    Enacted provision · exact public law section
    (a) Modification.— Subsection (a) of section 2466 of title 10, United States Code, is amended to read as follows: “(a) Percentage Limitation.— Not more than 40 percent of the funds made available in a fiscal year to a military department or a Defense Agency for depot-level maintenance and repair workload may be used to contract for the performance by non-Federal Government personnel of such workload for the military department or the Defense Agency. Any such funds that are not used for such a contract shall be used for the performance of depot-level maintenance and repair workload by employees of the Department of Defense.”.

  8. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 332(b) · 108 Stat. 2663

    Inserted · 10 U.S.C. § 2466(b)

    Pub. L. 103–337, § 332(b), inserted “and repair” after “maintenance” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–337, § 332(b), inserted “and repair” after “maintenance” in two places.

    Enacted provision · exact public law section
    (b) Inclusion of Repair Activities.— Subsection (b) of such section is amended by inserting “and repair” after “maintenance” each place it appears.

  9. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 332(c) · 108 Stat. 2663

    Amended · 10 U.S.C. § 2466(e)

    Pub. L. 103–337, § 332(c), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows:

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–337, § 332(c), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows:

    “(1) Not later than January 15, 1992, and January 15, 1993, the Secretary of the Army and the Secretary of the Air Force shall jointly submit to Congress a report describing the progress during the preceding fiscal year to achieve and maintain the percentage of depot-level maintenance required to be performed by employees of the Department of Defense pursuant to subsection (a). “(2) Not later than January 15, 1994, the Secretary of each military department and the Secretary of Defense, with respect to the Defense Agencies, shall jointly submit to Congress a report described in paragraph (1).”

    Enacted provision · exact public law section
    (c) Report.— Subsection (e) of such section is amended to read as follows: “(e) Report.— Not later than January 15, 1995, the Secretary of Defense shall submit to Congress a report identifying, for each military department and Defense Agency, the percentage of funds referred to in subsection (a) that was used during fiscal year 1994 to contract for the performance by non-Federal Government personnel of depot-level maintenance and repair workload.”.

  10. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 311(f)(1) · 110 Stat. 186

    Repealed · 10 U.S.C. § 2466

    Pub. L. 104–106, § 311(f)(1), which directed repeal of this section, was repealed by Pub. L. 105–85, § 363

    Source evidence

    Code amendment note
    Pub. L. 104–106, § 311(f)(1), which directed repeal of this section, was repealed by Pub. L. 105–85, § 363.

    Enacted provision · exact public law section
    (1) Sections 2466 and 2469 of title 10, United States Code, are repealed.

  11. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 312(b) · 110 Stat. 186

    Redesignated · 10 U.S.C. § 2466(b)

    Pub. L. 104–106, § 312(b), redesignated subsec. (b) as section 2472(a) of this title

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–106, § 312(b), redesignated subsec. (b) as section 2472(a) of this title.

    Enacted provision · exact public law section
    (b) Transfer of Subsection.— Subsection (b) of section 2466 of title 10, United States Code, is transferred to section 2472 of such title, as added by subsection (a), redesignated as subsection (a), and inserted after the section heading.

  12. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 363 · 111 Stat. 1629

    Repealed · 10 U.S.C. § 2466

    Pub. L. 105–85, § 363, repealed Pub. L. 104–106, § 311(f)(1). See 1996 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 105–85, § 363, repealed Pub. L. 104–106, § 311(f)(1). See 1996 Amendment note below.

    Enacted provision · exact public law section
    SEC. 363. REPEAL OF A CONDITIONAL REPEAL OF CERTAIN DEPOTLEVEL MAINTENANCE AND REPAIR LAWS AND A RELATED REPORTING REQUIREMENT. Section 311 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 247; 10 U.S.C. 2464 10 USC 2466 note. note) is amended by striking out subsections (f) and (g).

  13. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 357 · 111 Stat. 1629

    Substituted · 10 U.S.C. § 2466(a)

    Pub. L. 105–85, § 357, substituted “50 percent” for “40 percent”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–85, § 357, substituted “50 percent” for “40 percent”.

    Enacted provision · exact public law section
    SEC. 357. INCREASE IN PERCENTAGE OF DEPOT-LEVEL MAINTENANCE AND REPAIR THAT MAY BE CONTRACTED FOR PERFORMANCE BY NON-GOVERNMENT PERSONNEL. Section 2466(a) of title 10, United States Code, is amended by striking out “40 percent” and inserting in lieu thereof “50 percent”.

  14. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 358 · 111 Stat. 1629

    Amended · 10 U.S.C. § 2466(e)

    Pub. L. 105–85, § 358, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Not later than January 15, 1995, the Secretary of Defense shall submit to Congress a report identifying, for each military department and Defense Agency, the percentage of funds referred to in subsection (a) that was used during fiscal year 1994 to contract for the performance by non-Federal Government personnel of depot-level maintenance and repair workload.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–85, § 358, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Not later than January 15, 1995, the Secretary of Defense shall submit to Congress a report identifying, for each military department and Defense Agency, the percentage of funds referred to in subsection (a) that was used during fiscal year 1994 to contract for the performance by non-Federal Government personnel of depot-level maintenance and repair workload.”

    Enacted provision · exact public law section
    SEC. 358. ANNUAL REPORT ON DEPOT-LEVEL MAINTENANCE AND REPAIR. Subsection (e) of section 2466 of title 10, United States Code, is amended to read as follows: “(e) Report.— (1) Not later than February 1 of each year, the Secretary of Defense shall submit to Congress a report identifying, for each military department and Defense Agency, the percentage of the funds referred to in subsection (a) that were expended during the preceding fiscal year for performance of depot-level maintenance and repair workloads by the public and private sectors as required by section 2466 of this title. “(2) Not later than 90 days after the date on which the Secretary submits the annual report under paragraph (1), the Comptroller General shall submit to Congress the Comptroller General’s views on whether the Department of Defense has complied with the requirements of subsection (a) for the fiscal year covered by the report.”.

  15. Pub. L. 106–65 div. A title III § 333 · 113 Stat. 512

    Amended · 10 U.S.C. § 2466(e)

    Pub. L. 106–65 amended heading and text of subsec. (e) generally. Text read as follows:

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 106–65 amended heading and text of subsec. (e) generally. Text read as follows:

    “(1) Not later than February 1 of each year, the Secretary of Defense shall submit to Congress a report identifying, for each military department and Defense Agency, the percentage of the funds referred to in subsection (a) that were expended during the preceding fiscal year for performance of depot-level maintenance and repair workloads by the public and private sectors as required by section 2466 of this title. “(2) Not later than 90 days after the date on which the Secretary submits the annual report under paragraph (1), the Comptroller General shall submit to Congress the Comptroller General’s views on whether the Department of Defense has complied with the requirements of subsection (a) for the fiscal year covered by the report.”

    Enacted provision · exact public law section
    SEC. 333. ANNUAL REPORTS ON EXPENDITURES FOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS BY PUBLIC AND PRIVATE SECTORS. Subsection (e) of section 2466 of title 10, United States Code, is amended to read as follows: “(e) Annual Reports.— (1) Not later than February 1 of each Deadlines. year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that were expended during the preceding two fiscal years for performance of depot-level maintenance and repair workloads by the public and private sectors, as required by this section. “(2) Not later than April 1 of each year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that are projected to be expended during each of the next five fiscal years for performance of depot-level maintenance and repair workloads by the public and private sectors, as required by this section. “(3) Not later than 60 days after the date on which the Secretary submits a report under this subsection, the Comptroller General shall submit to Congress the Comptroller General’s views on whether— “(A) in the case of a report under paragraph (1), the Department of Defense has complied with the requirements of subsection (a) for the fiscal years covered by the report; and “(B) in the case of a report under paragraph (2), the expenditure projections for future fiscal years are reasonable.”.

  16. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title III § 341 · 115 Stat. 1012

    1. Added · 10 U.S.C. § 2466(b); 10 U.S.C. § 2466(c)

      Pub. L. 107–107 added subsecs. (b) and (c)

    2. Struck · 10 U.S.C. § 2466(b); 10 U.S.C. § 2466(c)

      Pub. L. 107–107 struck out heading and text of former subsec. (c). Text read as follows: “The Secretary of the military department concerned and, with respect to a Defense Agency, the Secretary of Defense may waive the applicability of subsection (a) for a fiscal year, to a particular workload, or to a particular depot-level activity if the Secretary determines that the waiver is necessary for reasons of national security and notifies Congress regarding the reasons for the waiver.”

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 107–107 added subsecs. (b) and (c) and struck out heading and text of former subsec. (c). Text read as follows: “The Secretary of the military department concerned and, with respect to a Defense Agency, the Secretary of Defense may waive the applicability of subsection (a) for a fiscal year, to a particular workload, or to a particular depot-level activity if the Secretary determines that the waiver is necessary for reasons of national security and notifies Congress regarding the reasons for the waiver.”

    Enacted provision · exact public law section
    SEC. 341. REVISION OF AUTHORITY TO WAIVE LIMITATION ON PERFORMANCE OF DEPOT-LEVEL MAINTENANCE. Section 2466 of title 10, United States Code, is amended— (1) by striking subsection (c); and (2) by inserting after subsection (a) the following new subsections: “(b) Waiver of Limitation.— The Secretary of Defense may waive the limitation in subsection (a) for a fiscal year if— “(1) the Secretary determines that the waiver is necessary for reasons of national security; and “(2) the Secretary submits to Congress a notification of the waiver together with the reasons for the waiver. “(c) Prohibition on Delegation of Waiver Authority.— The authority to grant a waiver under subsection (b) may not be delegated.”.

  17. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 div. A title III § 332 · 117 Stat. 1392

    1. Redesignated · 10 U.S.C. § 2466(d); 10 U.S.C. § 2466(e)

      Pub. L. 108–136 redesignated subsec. (e) as (d)

    2. Struck · 10 U.S.C. § 2466(d); 10 U.S.C. § 2466(e)

      Pub. L. 108–136 struck out heading and text of former subsec. (d). Text read as follows: “Subsection (a) shall not apply with respect to the Sacramento Army Depot, Sacramento, California.”

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 108–136 redesignated subsec. (e) as (d) and struck out heading and text of former subsec. (d). Text read as follows: “Subsection (a) shall not apply with respect to the Sacramento Army Depot, Sacramento, California.”

    Enacted provision · exact public law section
    SEC. 332. TECHNICAL AMENDMENT RELATING TO CLOSURE OF SACRAMENTO ARMY DEPOT, CALIFORNIA.   Section 2466 of title 10, United States Code, is amended— (1) by striking subsection (d); and (2) by redesignating subsection (e) as subsection (d).

  18. Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 div. A title III § 321 · 118 Stat. 1811

    Amended · 10 U.S.C. § 2466(d)

    Pub. L. 108–375 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 108–375 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:

    “(1) Not later than February 1 of each year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that were expended during the preceding two fiscal years for performance of depot-level maintenance and repair workloads by the public and private sectors, as required by this section. “(2) Not later than April 1 of each year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that are projected to be expended during each of the next five fiscal years for performance of depot-level maintenance and repair workloads by the public and private sectors, as required by this section. “(3) Not later than 60 days after the date on which the Secretary submits a report under this subsection, the Comptroller General shall submit to Congress the Comptroller General’s views on whether— “(A) in the case of a report under paragraph (1), the Department of Defense has complied with the requirements of subsection (a) for the fiscal years covered by the report; and “(B) in the case of a report under paragraph (2), the expenditure projections for future fiscal years are reasonable.”

    Enacted provision · exact public law section
    SEC. 321. SIMPLIFICATION OF ANNUAL REPORTING REQUIREMENTS CONCERNING FUNDS EXPENDED FOR DEPOT MAINTENANCE AND REPAIR WORKLOADS.   Subsection (d) of section 2466 of title 10, United States Code, is amended to read as follows: “(d) Annual Report and Review.— (1) Not later than April 1 of each year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that was expended during the preceding fiscal year, and are projected to be expended during the current fiscal year and the ensuing fiscal year, for performance of depot-level maintenance and repair workloads by the public and private sectors. “(2) Not later than 90 days after the date on which the Secretary submits a report under paragraph (1), the Comptroller General shall submit to Congress the Comptroller General’s views on whether— “(A) the Department of Defense complied with the requirements of subsection (a) during the preceding fiscal year covered by the report; and “(B) the expenditure projections for the current fiscal year and the ensuing fiscal year are reasonable.” .

  19. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 331(b)(2) · 120 Stat. 2083

    Struck · 10 U.S.C. § 2466(d)

    Pub. L. 109–364, § 331(b)(2), struck out “and Review” after “Annual Report” in heading

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–364, § 331(b)(2), struck out “and Review” after “Annual Report” in heading.

    Enacted provision · exact public law section
    (2) Conforming amendment.— The heading for subsection (d) of section 2466 of such title is amended to read as follows: “Annual Report.—”.

  20. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 331(b)(1) · 120 Stat. 2083

    Amended · 10 U.S.C. § 2466(d)(2)

    Pub. L. 109–364, § 331(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Not later than 90 days after the date on which the Secretary submits a report under paragraph (1), the Comptroller General shall submit to Congress the Comptroller General’s views on whether—

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 109–364, § 331(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Not later than 90 days after the date on which the Secretary submits a report under paragraph (1), the Comptroller General shall submit to Congress the Comptroller General’s views on whether—

    “(A) the Department of Defense complied with the requirements of subsection (a) during the preceding fiscal year covered by the report; and “(B) the expenditure projections for the current fiscal year and the ensuing fiscal year are reasonable.”

    Enacted provision · exact public law section
    (1) Inclusion of certain items.— Paragraph (2) of section 2466(d) of such title is amended to read as follows: “(2) Each report required under paragraph (1) shall include as a separate item any expenditure covered by section 2474(f) of this title that was made during the fiscal year covered by the report and shall specify the amount and nature of each such expenditure.” .

  21. National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 div. A title III § 329 · 123 Stat. 2190

    Substituted · 10 U.S.C. § 2466(d)(1)

    Pub. L. 111–84 substituted “90 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31” for “April 1 of each year”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 111–84 substituted “90 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31” for “April 1 of each year”.

    Enacted provision · exact public law section
    SEC. 329. MODIFICATION OF DATE FOR SUBMITTAL TO CONGRESS OF ANNUAL REPORT ON FUNDING FOR PUBLIC AND PRIVATE PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS.   Section 2466(d)(1) of title 10, United States Code, is amended by striking “April 1 of each year” and inserting “90 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31”.

27 of 27 references resolved to an enrolled provision

Editorial Notes

Amendments1989–2009 · 12 rounds

2009

Subsec. (d)(1). Pub. L. 111–84 substituted “90 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31” for “April 1 of each year”.

2006

Subsec. (d). Pub. L. 109–364, § 331(b)(2), struck out “and Review” after “Annual Report” in heading.

Subsec. (d)(2). Pub. L. 109–364, § 331(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Not later than 90 days after the date on which the Secretary submits a report under paragraph (1), the Comptroller General shall submit to Congress the Comptroller General’s views on whether—

“(A) the Department of Defense complied with the requirements of subsection (a) during the preceding fiscal year covered by the report; and

“(B) the expenditure projections for the current fiscal year and the ensuing fiscal year are reasonable.”

2004

Subsec. (d). Pub. L. 108–375 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:

“(1) Not later than February 1 of each year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that were expended during the preceding two fiscal years for performance of depot-level maintenance and repair workloads by the public and private sectors, as required by this section.

“(2) Not later than April 1 of each year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that are projected to be expended during each of the next five fiscal years for performance of depot-level maintenance and repair workloads by the public and private sectors, as required by this section.

“(3) Not later than 60 days after the date on which the Secretary submits a report under this subsection, the Comptroller General shall submit to Congress the Comptroller General’s views on whether—

“(A) in the case of a report under paragraph (1), the Department of Defense has complied with the requirements of subsection (a) for the fiscal years covered by the report; and

“(B) in the case of a report under paragraph (2), the expenditure projections for future fiscal years are reasonable.”

2003

Subsecs. (d), (e). Pub. L. 108–136 redesignated subsec. (e) as (d) and struck out heading and text of former subsec. (d). Text read as follows: “Subsection (a) shall not apply with respect to the Sacramento Army Depot, Sacramento, California.”

2001

Subsecs. (b), (c). Pub. L. 107–107 added subsecs. (b) and (c) and struck out heading and text of former subsec. (c). Text read as follows: “The Secretary of the military department concerned and, with respect to a Defense Agency, the Secretary of Defense may waive the applicability of subsection (a) for a fiscal year, to a particular workload, or to a particular depot-level activity if the Secretary determines that the waiver is necessary for reasons of national security and notifies Congress regarding the reasons for the waiver.”

1999

Subsec. (e). Pub. L. 106–65 amended heading and text of subsec. (e) generally. Text read as follows:

“(1) Not later than February 1 of each year, the Secretary of Defense shall submit to Congress a report identifying, for each military department and Defense Agency, the percentage of the funds referred to in subsection (a) that were expended during the preceding fiscal year for performance of depot-level maintenance and repair workloads by the public and private sectors as required by section 2466 of this title.

“(2) Not later than 90 days after the date on which the Secretary submits the annual report under paragraph (1), the Comptroller General shall submit to Congress the Comptroller General’s views on whether the Department of Defense has complied with the requirements of subsection (a) for the fiscal year covered by the report.”

1997

Pub. L. 105–85, § 363, repealed Pub. L. 104–106, § 311(f)(1). See 1996 Amendment note below.

Subsec. (a). Pub. L. 105–85, § 357, substituted “50 percent” for “40 percent”.

Subsec. (e). Pub. L. 105–85, § 358, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Not later than , the Secretary of Defense shall submit to Congress a report identifying, for each military department and Defense Agency, the percentage of funds referred to in subsection (a) that was used during fiscal year 1994 to contract for the performance by non-Federal Government personnel of depot-level maintenance and repair workload.”

1996

Pub. L. 104–106, § 311(f)(1), which directed repeal of this section, was repealed by Pub. L. 105–85, § 363.

Subsec. (b). Pub. L. 104–106, § 312(b), redesignated subsec. (b) as section 2472(a) of this title.

1994

Subsec. (a). Pub. L. 103–337, § 332(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows:

“(1) Except as provided in paragraph (2), the Secretary of a military department and, with respect to a Defense Agency, the Secretary of Defense, may not contract for the performance by non-Federal Government personnel of more than 40 percent of the depot-level maintenance workload for the military department or the Defense Agency.

“(2) The Secretary of the Army shall provide for the performance by employees of the Department of Defense of not less than the following percentages of Army aviation depot-level maintenance workload:

“(A) For fiscal year 1993, 50 percent.

“(B) For fiscal year 1994, 55 percent.

“(C) For fiscal year 1995, 60 percent.”

Subsec. (b). Pub. L. 103–337, § 332(b), inserted “and repair” after “maintenance” in two places.

Subsec. (e). Pub. L. 103–337, § 332(c), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows:

“(1) Not later than , and , the Secretary of the Army and the Secretary of the Air Force shall jointly submit to Congress a report describing the progress during the preceding fiscal year to achieve and maintain the percentage of depot-level maintenance required to be performed by employees of the Department of Defense pursuant to subsection (a).

“(2) Not later than , the Secretary of each military department and the Secretary of Defense, with respect to the Defense Agencies, shall jointly submit to Congress a report described in paragraph (1).”

1992

Subsec. (a). Pub. L. 102–484, § 352(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Percentage Limitation.—Not less than 60 percent of the funds available for each fiscal year for depot-level maintenance of materiel managed for the Department of the Army and the Department of the Air Force shall be used for the performance of such depot-level maintenance by employees of the Department of Defense.”

Subsec. (c). Pub. L. 102–484, § 352(b), substituted “The Secretary of the military department concerned and, with respect to a Defense Agency, the Secretary of Defense” for “The Secretary of the Army, with respect to the Department of the Army, and the Secretary of the Air Force, with respect to the Department of the Air Force,”.

Subsec. (e). Pub. L. 102–484, § 352(c), designated existing provisions as par. (1) and added par. (2).

1991

Pub. L. 102–190 substituted section catchline for one which read “Prohibition on certain depot maintenance workload competitions” and amended text generally. Prior to amendment, text read as follows: “The Secretary of Defense shall prohibit the Secretary of the Army and the Secretary of the Air Force, in selecting an entity to perform any depot maintenance workload, from carrying out a competition for such selection—

“(1) between or among maintenance activities of the Department of the Army and the Department of the Air Force; or

“(2) between a maintenance activity of either such department and a private contractor.”

1989

Pub. L. 101–189, in introductory provisions, substituted “shall prohibit” for “may not require”, “Army and” for “Army or”, and “from carrying out” for “to carry out”.

Statutory Notes and Related Subsidiaries

Congressional Findings

Pub. L. 103–337, div. A, title III, § 331, , 108 Stat. 2715, provided that:

“Congress makes the following findings:

“(1)

By providing the Armed Forces with a critical capacity to respond to the needs of the Armed Forces for depot-level maintenance and repair of weapon systems and equipment, the depot-level maintenance and repair activities of the Department of Defense play an essential role in maintaining the readiness of the Armed Forces.

“(2)

It is appropriate for the capability of the depot-level maintenance and repair activities of the Department of Defense to perform maintenance and repair of weapon systems and equipment to be based on policies that take into consideration the readiness, mobilization, and deployment requirements of the military departments.

“(3)

It is appropriate for the management of employees of the depot-level maintenance and repair activities of the Department of Defense to be based on the amount of workload necessary to be performed by such activities to maintain the readiness of the weapon systems and equipment of the military departments and on the funds made available for the performance of such workload.”

Reutilization Initiative for Depot-Level Activities

Pub. L. 103–337, div. A, title III, § 337, , 108 Stat. 2717, provided that:

“(a)

Program Authorized.—

The Secretary of Defense shall conduct activities to encourage commercial firms to enter into partnerships with depot-level activities of the military departments for the purposes of—

“(1)

demonstrating commercial uses of the depot-level activities that are related to the principal mission of the depot-level activities;

“(2)

preserving employment and skills of employees currently employed by the depot-level activities or providing for the reemployment and retraining of employees who, as the result of the closure, realignment, or reduced in-house workload of such activities, may become unemployed; and

“(3)

supporting the goals of other defense conversion, reinvestment, and transition assistance programs while also allowing the depot-level activities to remain in operation to continue to perform their defense readiness mission.

“(b)

Conditions.—

The Secretary shall ensure that activities conducted under this section—

“(1)

do not interfere with the closure or realignment of a depot-level activity of the military departments under a base closure law; and

“(2)

do not adversely affect the readiness or primary mission of a participating depot-level activity.”

Continuation of Percentage Limitations on Performance of Depot-Level Maintenance

Pub. L. 103–160, div. A, title III, § 343, , 107 Stat. 1624, provided that: “The Secretary of Defense shall ensure that the percentage limitations applicable to the depot-level maintenance workload performed by non-Federal Government personnel set forth in section 2466 of title 10, United States Code, are adhered to.”

Effect of 1992 Amendments on Existing Contracts

Pub. L. 102–484, div. A, title III, § 352(d), , 106 Stat. 2378, provided that: “The Secretary of a military department and the Secretary of Defense, with respect to the Defense Agencies, may not cancel a depot-level maintenance contract in effect on the date of the enactment of this Act [] in order to comply with the requirements of section 2466(a) of title 10, United States Code, as amended by subsection (a).”

Prohibition on Cancellation of Contracts in Effect on December 5, 1991

Pub. L. 102–190, div. A, title III, § 314(a)(3), , 105 Stat. 1337, provided that: “The Secretary of the Army and the Secretary of the Air Force may not cancel a depot-level maintenance contract in effect on the date of the enactment of this Act [] in order to comply with the requirements of section 2466(a) of such title, as amended by subsection (a).”

Competition Pilot Program; Review and Report

Pub. L. 102–190, div. A, title III, § 314(b)–(d), , 105 Stat. 1337, as amended by Pub. L. 102–484, div. A, title III, § 354, , 106 Stat. 2379, required the Comptroller General to submit to Congress, not later than , an evaluation of all depot maintenance workloads of the Department of Defense that were performed by an entity selected pursuant to competitive procedures, and required the Secretary of Defense to submit to Congress, not later than , a report containing a five-year strategy of the Department of Defense to use competitive procedures for the selection of entities to perform depot maintenance workloads and describing the cost savings anticipated.

Pilot Program for Depot Maintenance Workload Competition

Pub. L. 101–510, div. A, title IX, § 922, , 104 Stat. 1627, authorized a depot maintenance workload competition pilot program during fiscal year 1991, outlined elements of the program, and provided for a report not later than , to congressional defense committees, prior to repeal by Pub. L. 102–190, div. A, title III, § 314(b)(2), , 105 Stat. 1337.

Credits

1988–2009 · 13 acts
  1. 1988Added Pub. L. 100–456, div. A, title III, § 326(a), , 102 Stat. 1955
  2. 1989amended Pub. L. 101–189, div. A, title III, § 313, , 103 Stat. 1412
  3. 1991Pub. L. 102–190, div. A, title III, § 314(a)(1), , 105 Stat. 1336
  4. 1992Pub. L. 102–484, div. A, title III, § 352(a)–(c), , 106 Stat. 2378
  5. 1994Pub. L. 103–337, div. A, title III, § 332, , 108 Stat. 2715
  6. 1996Pub. L. 104–106, div. A, title III, §§ 311(f)(1), 312(b), , 110 Stat. 248, 250
  7. 1997Pub. L. 105–85, div. A, title III, §§ 357, 358, 363, , 111 Stat. 1695, 1702
  8. 1999Pub. L. 106–65, div. A, title III, § 333, , 113 Stat. 567
  9. 2001Pub. L. 107–107, div. A, title III, § 341, , 115 Stat. 1060
  10. 2003Pub. L. 108–136, div. A, title III, § 332, , 117 Stat. 1442
  11. 2004Pub. L. 108–375, div. A, title III, § 321, , 118 Stat. 1845
  12. 2006Pub. L. 109–364, div. A, title III, § 331(b), , 120 Stat. 2149
  13. 2009Pub. L. 111–84, div. A, title III, § 329, , 123 Stat. 2256.
Show as published

(Added Pub. L. 100–456, div. A, title III, § 326(a), , 102 Stat. 1955; amended Pub. L. 101–189, div. A, title III, § 313, , 103 Stat. 1412; Pub. L. 102–190, div. A, title III, § 314(a)(1), , 105 Stat. 1336; Pub. L. 102–484, div. A, title III, § 352(a)–(c), , 106 Stat. 2378; Pub. L. 103–337, div. A, title III, § 332, , 108 Stat. 2715; Pub. L. 104–106, div. A, title III, §§ 311(f)(1), 312(b), , 110 Stat. 248, 250; Pub. L. 105–85, div. A, title III, §§ 357, 358, 363, , 111 Stat. 1695, 1702; Pub. L. 106–65, div. A, title III, § 333, , 113 Stat. 567; Pub. L. 107–107, div. A, title III, § 341, , 115 Stat. 1060; Pub. L. 108–136, div. A, title III, § 332, , 117 Stat. 1442; Pub. L. 108–375, div. A, title III, § 321, , 118 Stat. 1845; Pub. L. 109–364, div. A, title III, § 331(b), , 120 Stat. 2149; Pub. L. 111–84, div. A, title III, § 329, , 123 Stat. 2256.)

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