10 U.S.C. § 2861 | Military construction projects in connection with industrial facility investment program

(a)

Authority .—

section 2474(a)(2) of this titleThe Secretary of Defense may carry out a military construction project, not previously authorized, for the purpose of carrying out activities under , using funds appropriated or otherwise made available for that purpose in military construction accounts.

(b)

Crediting of Funds to Capital Budget .—

section 2476 of this titleFunds 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 (f) of ) may be credited to the amount required by subsection (a)(1) of such section to be invested in the capital budgets of the covered depots in that fiscal year.

(c)

Notice and Wait Requirement .—

section 480 of this titleWhen a decision is made to carry out a project under subsection (a), the Secretary of Defense shall notify 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 14-day period beginning on the date the notification is received by such committees in an electronic medium pursuant to .

Pub. L. 109–364, div. B, title XXVIII, § 2809(a)Oct. 17, 2006120 Stat. 2470 Pub. L. 115–91, div. A, title X, § 1051(a)(23)Dec. 12, 2017131 Stat. 1562 Pub. L. 117–263, div. A, title III, § 374(b)(2)Dec. 23, 2022136 Stat. 2542(Added , , ; amended , div. B, title XXVIII, § 2801(c)(4), , , 1844; , , .)

Editorial Notes

Prior Provisions

Pub. L. 97–214, § 2(a)July 12, 198296 Stat. 167 Pub. L. 100–26, § 7(f)(1)Apr. 21, 1987101 Stat. 281 Pub. L. 104–106, div. B, title XXVIII, § 2811(b)Feb. 10, 1996110 Stat. 552 Pub. L. 104–201, div. B, title XXVIII, § 2802(d)(1)Sept. 23, 1996110 Stat. 2787 Pub. L. 107–107, div. B, title XXVIII, § 2803(a)Dec. 28, 2001115 Stat. 1305A prior section 2861, added , , ; amended , (j)(9), , , 283; , , ; , , , required the Secretary of Defense to submit an annual report to the appropriate committees of Congress with respect to military construction activities and military family housing activities, prior to repeal by , , .

Amendments

Pub. L. 117–2632022—Subsec. (b). 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”.

Pub. L. 115–91, § 2801(c)(4)2017—Subsec. (c). , 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”.

Pub. L. 115–91, § 1051(a)(23)Subsec. (d). , 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.”

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

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