2013 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part IV - SERVICE, SUPPLY, AND PROCUREMENT (§§ 2201 - 2925)
Chapter 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING (§§ 2801 - 2885)
Subchapter I - MILITARY CONSTRUCTION (§§ 2801 - 2815)
Section 2802 - Military construction projects
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING SUBCHAPTER I - MILITARY CONSTRUCTION Sec. 2802 - Military construction projects |
Contains | section 2802 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 97-214, §2(a), July 12, 1982, 96 Stat. 154; amended Pub. L. 110-181, div. B, title XXVIII, §2802(a), Jan. 28, 2008, 122 Stat. 539; Pub. L. 110-417, div. B, title XXVIII, §2801(b), Oct. 14, 2008, 122 Stat. 4719; Pub. L. 113-66, div. B, title XXVIII, §2807(c), Dec. 26, 2013, 127 Stat. 1012. |
Statutes at Large References | 96 Stat. 154 105 Stat. 1562 114 Stat. 1654 117 Stat. 1604 122 Stat. 539, 4719, 4716 123 Stat. 2656 124 Stat. 4475 125 Stat. 1586 127 Stat. 1012 |
Public Law References | Public Law 97-214, Public Law 101-510, Public Law 102-190, Public Law 106-398, Public Law 108-136, Public Law 110-181, Public Law 110-417, Public Law 111-84, Public Law 111-383, Public Law 112-81, Public Law 113-66 |
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(a) The Secretary of Defense and the Secretaries of the military departments may carry out such military construction projects, land acquisitions, and defense access road projects (as described under section 210 of title 23) as are authorized by law.
(b) Authority provided by law to carry out a military construction project includes authority for—
(1) surveys and site preparation;
(2) acquisition, conversion, rehabilitation, and installation of facilities;
(3) acquisition and installation of equipment and appurtenances integral to the project;
(4) acquisition and installation of supporting facilities (including utilities) and appurtenances incident to the project; and
(5) planning, supervision, administration, and overhead incident to the project.
(c) In determining the scope of a proposed military construction project, the Secretary concerned shall submit to the President such recommendations as the Secretary considers to be appropriate regarding the incorporation and inclusion of life-cycle cost-effective practices as an element in the project documents submitted to Congress in connection with the budget submitted pursuant to section 1105 of title 31 for the fiscal year in which a contract is proposed to be awarded for the project.
(d)(1) The requirement under subsection (a) that a military construction project must be authorized by law includes military construction projects funded through payment-in-kind contributions pursuant to a bilateral agreement with a host country.
(2) The Secretary of Defense or the Secretary concerned shall include military construction projects covered under paragraph (1) in the budget justification documents for the Department of Defense submitted to Congress in connection with the budget for a fiscal year submitted under 1105 of title 31.
(3) This subsection does not apply to a military construction project that—
(A) was specified in a bilateral agreement with a host country that was entered into prior to the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2014;
(B) was accepted as payment-in-kind for the residual value of improvements made by the United States at military installations released to the host country under section 2921 of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101–510; 10 U.S.C. 2687 note) prior to the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2014; or
(C) will cost less than the cost specified in subsection (a)(2) of section 2805 of this title for certain unspecified minor military construction projects.
(4) In the case of a military construction project excluded pursuant to paragraph (3)(C) whose cost will exceed the cost specified in subsection (b) of section 2805 of this title for certain unspecified minor military construction projects, the congressional notification requirements and waiting period specified in paragraph (2) of such subsection shall apply.
(Added Pub. L. 97–214, §2(a), July 12, 1982, 96 Stat. 154; amended Pub. L. 110–181, div. B, title XXVIII, §2802(a), Jan. 28, 2008, 122 Stat. 539; Pub. L. 110–417, div. B, title XXVIII, §2801(b), Oct. 14, 2008, 122 Stat. 4719; Pub. L. 113–66, div. B, title XXVIII, §2807(c), Dec. 26, 2013, 127 Stat. 1012.)
REFERENCES IN TEXTThe date of the enactment of the Military Construction Authorization Act for Fiscal Year 2014, referred to in subsec. (d)(3)(A) and (B), is the date of enactment of div. B of Pub. L. 113–66, which was approved Dec. 26, 2013.
AMENDMENTS2013—Subsec. (d). Pub. L. 113–66 added subsec. (d).
2008—Subsec. (a). Pub. L. 110–181 inserted ", land acquisitions, and defense access road projects (as described under section 210 of title 23)" after "military construction projects".
Subsec. (c). Pub. L. 110–417 added subsec. (c).
EFFECTIVE DATEFor effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.
REQUIREMENTS RELATED TO PROVIDING WORLD CLASS MILITARY MEDICAL CENTERSPub. L. 111–383, div. B, title XXVIII, §2852, Jan. 7, 2011, 124 Stat. 4475, provided that:
"(a)
"(1) size standards for operating rooms and patient recovery rooms; and
"(2) such other construction standards that the Secretary considers necessary to support military medical centers.
"(b)
"(1)
"(A) reviewing the unified construction standards established pursuant to subsection (a) to determine the standards consistency with industry practices and benchmarks for world class medical construction;
"(B) reviewing ongoing construction programs within the Department of Defense to ensure medical construction standards are uniformly applied across applicable military medical centers;
"(C) assessing the approach of the Department of Defense approach to planning and programming facility improvements with specific emphasis on—
"(i) facility selection criteria and proportional assessment system; and
"(ii) facility programming responsibilities between the Assistant Secretary of Defense for Health Affairs and the Secretaries of the military departments;
"(D) assessing whether the Comprehensive Master Plan for the National Capital Region Medical, dated April 2010, is adequate to fulfill statutory requirements, as required by section 2714 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2656), to ensure that the facilities and organizational structure described in the plan result in world class military medical centers in the National Capital Region; and
"(E) making recommendations regarding any adjustments of the master plan referred to in subparagraph (D) that are needed to ensure the provision of world class military medical centers and delivery system in the National Capital Region.
"(2)
"(A)
"(i) medical facility design experts;
"(ii) military healthcare professionals;
"(iii) representatives of premier health care centers in the United States; and
"(iv) former retired senior military officers with joint operational and budgetary experience.
"(B)
"(C)
"(D)
"(3)
"(4)
"(5)
"(A)
"(i) an assessment of the adequacy of the plan of the Department of Defense to address the items specified in subparagraphs (A) through (E) of paragraph (1) relating to the purposes of the panel; and
"(ii) the recommendations of the panel to improve the plan.
"(B)
"(6)
"(A) a copy of the panel's assessment;
"(B) an assessment by the Secretary of the findings and recommendations of the panel; and
"(C) the plans of the Secretary for addressing such findings and recommendations.
"(7)
"(c)
"(1)
"(2)
Pub. L. 106–398, §1 [[div. A], title III, §389], Oct. 30, 2000, 114 Stat. 1654, 1654A–89, provided that:
"(a)
"(1) the damage caused to aviation facilities of the Armed Forces by alkali silica reactivity; and
"(2) the availability of technologies capable of preventing, treating, or mitigating alkali silica reactivity in hardened concrete structures and pavements.
"(b)
"(2) The Secretary of Defense shall ensure that the locations selected for the demonstration projects represent the diverse operating environments of the Armed Forces.
"(c)
"(d)
"(e)
"(f)
Pub. L. 102–190, div. B, title XXVIII, §2868, Dec. 5, 1991, 105 Stat. 1562, as amended by Pub. L. 108–136, div. A, title X, §1031(c)(2), Nov. 24, 2003, 117 Stat. 1604, which required the Secretary of Defense to submit to Congress a report relating to the permanent basing of a new weapon system not later than 30 days after selecting a site or sites for such permanent basing, was repealed by Pub. L. 112–81, div. A, title X, §1062(m), Dec. 31, 2011, 125 Stat. 1586.
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