§ 2861. Military construction projects in connection with industrial facility investment program

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. 2006

   Military Construction Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 div. B title XXVIII § 2809(a) · 120 Stat. 2083

   Enacted · 10 U.S.C. § 2861

   Added Pub. L. 109–364, div. B, title XXVIII, § 2809(a), Oct. 17, 2006, 120 Stat. 2470

   Source evidence

   Code source credit
   Added Pub. L. 109–364, div. B, title XXVIII, § 2809(a), Oct. 17, 2006, 120 Stat. 2470

   Enacted provision · exact public law section
   (a) Authority.— Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2860 the following new section: “§ 2861. Military construction projects in connection with industrial facility investment program “(a) Authority.— The Secretary of Defense may carry out a military construction project, not previously authorized, for the purpose of carrying out activities under section 2474(a)(2) of this title, using funds appropriated or otherwise made available for that purpose in military construction accounts. “(b) Crediting of Funds to Capital Budget.— Funds appropriated or otherwise made available in a fiscal year for the purpose of carrying out a military construction project with respect to a covered depot (as defined in subsection (e) of section 2476 of this title) may be credited to the amount required by subsection (a) of such section to be invested in the capital budgets of the covered depots in that fiscal year. “(c) Notice and Wait Requirement.— When a decision is made to carry out a project under subsection (a), the Secretary of Defense shall notify in writing the appropriate committees of Congress of that decision and the savings estimated to be realized from the project. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title. “(d) Annual Report.— Not later than December 31 of each year, the Secretary shall submit to Congress a report describing actions taken under this section and the savings realized from such actions during the fiscal year ending in the year in which the report is submitted.” .

2. 2017

   Military Construction Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 2801(c)(4) · 131 Stat. 1283

   1. Struck · 10 U.S.C. § 2861(c)

      Pub. L. 115–91, § 2801(c)(4), struck out “in writing” after “shall notify” and “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided” after “received by such committees”

   2. Substituted · 10 U.S.C. § 2861(c)

      Pub. L. 115–91, § 2801(c)(4), substituted “14-day period” for “21-day period”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 115–91, § 2801(c)(4), struck out “in writing” after “shall notify” and “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided” after “received by such committees” and substituted “14-day period” for “21-day period”.

   Enacted provision · exact public law section
   (4) Section 2861(c) is amended— (A) by striking “in writing”; (B) by striking “21-day period” and inserting “14-day period”; and (C) by striking “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided”.

3. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 1051(a)(23) · 131 Stat. 1283

   Struck · 10 U.S.C. § 2861(d)

   Pub. L. 115–91, § 1051(a)(23), struck out subsec. (d). Text read as follows: “Not later than December 31 of each year, the Secretary shall submit to Congress a report describing actions taken under this section and the savings realized from such actions during the fiscal year ending in the year in which the report is submitted.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 115–91, § 1051(a)(23), struck out subsec. (d). Text read as follows: “Not later than December 31 of each year, the Secretary shall submit to Congress a report describing actions taken under this section and the savings realized from such actions during the fiscal year ending in the year in which the report is submitted.”

   Enacted provision · exact public law section
   (23) Industrial facility investment program construction report.— Section 2861 is amended by striking subsection (d).

4. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 div. A title III § 374(b)(2) · 136 Stat. 2395

   1. Substituted · 10 U.S.C. § 2861(b)

      Pub. L. 117–263 substituted “subsection (f) of section 2476” for “subsection (e) of section 2476”

   2. Substituted · 10 U.S.C. § 2861(b)

      Pub. L. 117–263 substituted “subsection (a)(1) of such section” for “subsection (a) of such section”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 117–263 substituted “subsection (f) of section 2476” for “subsection (e) of section 2476” and “subsection (a)(1) of such section” for “subsection (a) of such section”.

   Enacted provision · exact public law section
   (2) Additional technical and conforming amendments.— Section 2861(b) of title 10, United States Code, is amended— (A) by striking “subsection (e) of section 2476” and inserting “subsection (f) of section 2476”; and (B) by striking “subsection (a) of such section” and inserting “subsection (a)(1) of such section”.

   Effective date note
   Amendment by Pub. L. 117–263 applicable with respect to fiscal years beginning on or after Oct. 1, 2023, see section 374(c) of Pub. L. 117–263, set out as a note under section 2476 of this title.

6 of 6 references resolved to an enrolled provision