Page:United States Statutes at Large Volume 120.djvu/2180

 PUBLIC LAW 109–364—OCT. 17, 2006

120 STAT. 2149

of the Chairman of whether the deployment of the MCTFS to the Navy is in the best interests of the Department of Defense.

Subtitle D—Workplace and Depot Issues SEC. 331. PERMANENT EXCLUSION OF CERTAIN CONTRACT EXPENDITURES FROM PERCENTAGE LIMITATION ON THE PERFORMANCE OF DEPOT-LEVEL MAINTENANCE.

(a) PERMANENT EXCLUSION.—Section 2474(f) of title 10, United States Code, is amended— (1) by striking ‘‘(1) Amounts’’ and inserting ‘‘Amounts’’; (2) by striking ‘‘entered into during fiscal years 2003 through 2009’’; and (3) by striking paragraph (2). (b) INCLUSION OF CERTAIN ITEMS IN ANNUAL REPORT.— (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.’’. (2) CONFORMING AMENDMENT.—The heading for subsection (d) of section 2466 of such title is amended to read as follows: ‘‘ANNUAL REPORT.—’’. SEC. 332. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.

(a) MINIMUM INVESTMENT LEVELS.—Chapter 146 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 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:

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