§ 2476. Minimum capital investment for certain depots
(a)
Minimum Investment.—
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 six percent of the average total combined workload funded at all the depots of that military department for the preceding three fiscal years.
(b)
Capital Budget.—
For purposes of this section, the capital budget of a depot includes investment funds spent on depot infrastructure, equipment, and process improvement in direct support of depot operations.
(c)
Waiver.—
The Secretary of Defense may waive the requirement under subsection (a) 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.
(d)
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) 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) 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.
(e)
Covered Depot.—
In this section, the term “covered depot” means any of the following: