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 III - ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING (§§ 2851 - 2869)
Section 2859 - Construction requirements related to antiterrorism and force protection or urban-training operations
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 III - ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING Sec. 2859 - Construction requirements related to antiterrorism and force protection or urban-training operations |
Contains | section 2859 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 108-375, div. B, title XXVIII, §2804(a)(1), Oct. 28, 2004, 118 Stat. 2121; amended Pub. L. 109-364, div. B, title XXVIII, §2808(a), (b)(1), Oct. 17, 2006, 120 Stat. 2469; Pub. L. 112-239, div. A, title X, §1081(2), Jan. 2, 2013, 126 Stat. 1960; Pub. L. 113-66, div. B, title XXVIII, §2803(a), Dec. 26, 2013, 127 Stat. 1006. |
Statutes at Large References | 96 Stat. 167, 1296 117 Stat. 1723, 1612 118 Stat. 2121, 2122 120 Stat. 2469, 2470 126 Stat. 1960 127 Stat. 1006 |
Public Law References | Public Law 97-214, Public Law 97-295, Public Law 108-136, Public Law 108-375, Public Law 109-364, Public Law 112-239, Public Law 113-66 |
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(a)
(1) to assess the vulnerability of military installations located inside and outside of the United States to terrorist attack;
(2) to develop construction standards that, taking into consideration other security or force-protection measures available for the facility or military installation concerned, are designed to reduce the vulnerability of structures to terrorist attack and improve the security of the occupants of such structures;
(3) to prepare and carry out military construction projects, such as gate and fenceline construction, to improve the physical security of military installations; and
(4) to assist in prioritizing such projects within the military construction budget of each of the armed forces.
(b)
(c)
(1) the location and results of the vulnerability assessments conducted under subsection (b) during the most recently completed fiscal year;
(2) the military construction requirements anticipated to be necessary during the period covered by the then-current future-years defense plan under section 221 of this title to improve the physical security of military installations; and
(3) the extent to which funds to meet those requirements are not requested in the Department of Defense budget for the fiscal year for which the budget is submitted.
(d)
(A) the Secretary of Defense approves a strategy for training and facility construction for operations in urban terrain; and
(B) the Under Secretary of Defense for Personnel and Readiness evaluates the project and certifies to the appropriate committees of Congress that the project—
(i) is consistent with the strategy; and
(ii) incorporates the appropriate capabilities for joint and interagency use in accordance with the strategy.
(2) This subsection shall not apply with respect to a military construction project carried out under the authority of section 2803, 2804, or 2808 of this title or section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723).
(Added Pub. L. 108–375, div. B, title XXVIII, §2804(a)(1), Oct. 28, 2004, 118 Stat. 2121; amended Pub. L. 109–364, div. B, title XXVIII, §2808(a), (b)(1), Oct. 17, 2006, 120 Stat. 2469; Pub. L. 112–239, div. A, title X, §1081(2), Jan. 2, 2013, 126 Stat. 1960; Pub. L. 113–66, div. B, title XXVIII, §2803(a), Dec. 26, 2013, 127 Stat. 1006.)
REFERENCES IN TEXTSection 2808 of the Military Construction Authorization Act for Fiscal Year 2004, referred to in subsec. (d)(2), is section 2808 of title XXVIII of div. B of Pub. L. 108–136, Nov. 24, 2003, 117 Stat. 1723, which is not classified to the Code except for section 2808(e), which is set out as a note under section 2805 of this title.
PRIOR PROVISIONSA prior section 2859, added Pub. L. 97–214, §2(a), July 12, 1982, 96 Stat. 167; amended Pub. L. 97–295, §1(36), Oct. 12, 1982, 96 Stat. 1296, provided for transmission of annual military construction authorization request, prior to repeal by Pub. L. 108–136, div. A, title X, §1044(b)(1), Nov. 24, 2003, 117 Stat. 1612.
AMENDMENTS2013—Subsec. (a)(2). Pub. L. 113–66 substituted "develop construction standards that, taking into consideration other security or force-protection measures available for the facility or military installation concerned, are designed" for "develop construction standards designed".
Subsec. (d)(2), (3). Pub. L. 112–239 redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "The Under Secretary of Defense for Personnel and Readiness shall conduct the evaluation required by paragraph (1)(B) in consultation with the Commander of the United States Joint Forces Command."
2006—Pub. L. 109–364, §2808(b)(1), inserted "or urban-training operations" after "force protection" in section catchline.
Subsec. (d). Pub. L. 109–364, §2808(a), added subsec. (d).
EFFECTIVE DATE OF 2006 AMENDMENTPub. L. 109–364, div. B, title XXVIII, §2808(c), Oct. 17, 2006, 120 Stat. 2470, provided that: "Subsection (d) of section 2859 of title 10, United States Code, as added by subsection (a), shall apply with respect to military construction projects described in such subsection (d) for which funds are first provided for fiscal year 2007 or thereafter."
SPECIAL REQUIREMENT FOR 2006 REPORTPub. L. 108–375, div. B, title XXVIII, §2804(b), Oct. 28, 2004, 118 Stat. 2122, provided that: "In the case of the report required to be submitted in 2006 under section 2859(c) of title 10, United States Code, as added by subsection (a), the Secretary of Defense shall include a certification by the Secretary that since September 11, 2001, assessments regarding the vulnerability of military installations to terrorist attack have been undertaken for all major military installations. The Secretary shall indicate the basis by which the Secretary differentiated between major and nonmajor military installations for purposes of making the certification."
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