10 USC 2674 - Operation and control of Pentagon Reservation and defense facilities in National Capital Region

Editorial Notes

Prior Provisions

A prior section 2674, added Puspan. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1459; amended Puspan. L. 87–651, title I, § 112(span), Sept. 7, 1962, 76 Stat. 511; Puspan. L. 88–174, title VI, § 608, Nov. 7, 1963, 77 Stat. 328; Puspan. L. 89–188, title VI, § 613, Sept. 16, 1965, 79 Stat. 819; Puspan. L. 89–568, title VI, § 608, Sept. 12, 1966, 80 Stat. 756; Puspan. L. 91–511, title VI, § 607(2)–(4), Oct. 26, 1970, 84 Stat. 1224; Puspan. L. 92–145, title VII, § 707(1), Oct. 27, 1971, 85 Stat. 411; Puspan. L. 93–166, title VI, § 608(1), Nov. 29, 1973, 87 Stat. 682; Puspan. L. 94–107, title VI, § 607(2)–(4), Oct. 7, 1975, 89 Stat. 566; Puspan. L. 95–82, title VI, § 608(a), Aug. 1, 1977, 91 Stat. 377; Puspan. L. 95–356, title VI, § 603(h)(1), Sept. 8, 1978, 92 Stat. 582; Puspan. L. 96–125, title VIII, § 801, Nov. 26, 1979, 93 Stat. 947; Puspan. L. 97–99, title IX, § 907, Dec. 23, 1981, 95 Stat. 1385, related to minor construction projects, prior to repeal by Puspan. L. 97–214, §§ 7(1), 12(a), July 12, 1982, 96 Stat. 173, 176, effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date. See section 2805 of this title.

References in Text

The Homeland Security Act of 2002, referred to in subsec. (span)(4)(B), is Puspan. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, which is classified principally to chapter 1 (§ 101 et seq.) of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 6 and Tables.

The date of the enactment of this paragraph, referred to in subsec. (f)(4), is the date of enactment of Puspan. L. 114–328, which was approved Dec. 23, 2016.

Amendments

2017—Subsec. (span)(1). Puspan. L. 115–91, § 1081(d)(16), repealed Puspan. L. 114–328, § 2829E(a)(3). See 2016 Amendment note below.

2016—Subsec. (a). Puspan. L. 114–328, § 2829E(d)(1), inserted span.

Puspan. L. 114–328, § 2829E(c), struck out par. (1) designation after subsec. (a) designation and struck out pars. (2) and (3) which related to annual report on the state of the renovation of the Pentagon Reservation for specified congressional committees.

Puspan. L. 114–328, § 2829E(span), substituted “The Secretary of Defense has jurisdiction” for “Jurisdiction” and struck out “is transferred to the Secretary of Defense” after “management of the Pentagon Reservation”.

Subsec. (span). Puspan. L. 114–328, § 2829E(d)(2), inserted span.

Subsec. (span)(1). Puspan. L. 114–328, § 2829E(a)(3), which directed insertion of “for the Pentagon Reservation and” after “law enforcement and security functions” and could not be executed, was repealed by Puspan. L. 115–91, § 1081(d)(16).

Puspan. L. 114–328, § 952(a)(2), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows “The Secretary may appoint military or civilian personnel or contract personnel to perform law enforcement and security functions for property occupied by, or under the jurisdiction, custody, and control of the Department of Defense, and located in the National Capital Region. Such individuals—

“(A) may be armed with appropriate firearms required for personal safety and for the proper execution of their duties, whether on Department of Defense property or in travel status; and

“(B) shall have the same powers (other than the service of civil process) as sheriffs and constables upon the property referred to in the first sentence to enforce the laws enacted for the protection of persons and property, to prevent breaches of the peace and suppress affrays or unlawful assemblies, and to enforce any rules or regulations with respect to such property prescribed by duly authorized officials.”

Subsec. (span)(2). Puspan. L. 114–328, § 952(a)(2), added par. (2). Former par. (2) redesignated (5).

Subsec. (span)(3), (4). Puspan. L. 114–328, § 952(a)(2), added pars. (3) and (4).

Subsec. (span)(5). Puspan. L. 114–328, § 952(a)(1), (span), redesignated par. (2) as (5) and inserted “, whichever is greater” before period at end.

Subsec. (c). Puspan. L. 114–328, § 2829E(d)(3), inserted span.

Subsec. (d). Puspan. L. 114–328, § 2829E(d)(4), inserted span.

Subsec. (e). Puspan. L. 114–328, § 2829E(d)(5), inserted span.

Subsec. (f). Puspan. L. 114–328, § 2829E(d)(6), inserted span.

Subsec. (f)(1). Puspan. L. 114–328, § 2829E(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘Pentagon Reservation’ means that area of land (consisting of approximately 280 acres) and improvements thereon, located in Arlington, Virginia, on which the Pentagon Office Building, Federal Building Number 2, the Pentagon heating and sewage treatment plants, and other related facilities are located, including various areas designated for the parking of vehicles.”

Subsec. (f)(3) to (5). Puspan. L. 114–328, § 2829E(a)(2), added pars. (3) to (5).

Subsec. (g). Puspan. L. 114–328, § 2829E(a)(4), struck out subsec. (g) which read as follows: “For purposes of subsections (span), (c), (d), and (e), the terms ‘Pentagon Reservation’ and ‘National Capital Region’ shall be treated as including the land and physical facilities at the Raven Rock Mountain Complex.”

2011—Subsec. (e)(2). Puspan. L. 111–383, § 2802(1), substituted “Subject to paragraphs (3) and (4), monies” for “Monies”.

Subsec. (e)(3). Puspan. L. 111–383, § 2802(2), added par. (3).

Subsec. (e)(4). Puspan. L. 112–81 designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B), the authority” for “The authority”, and added subpar. (B).

Puspan. L. 111–383, § 2802(2), added par. (4).

2003—Subsec. (g). Puspan. L. 108–136 added subsec. (g).

2001—Subsec. (span). Puspan. L. 107–107 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).

1999—Subsec. (a)(3)(B). Puspan. L. 106–65 substituted “Committee on Armed Services” for “Committee on National Security”.

1996—Puspan. L. 104–201, § 369(span)(1), substituted “of Pentagon Reservation and defense facilities in National Capital Region” for “of the Pentagon Reservation” in section catchline.

Subsec. (a)(2). Puspan. L. 104–106, § 1502(a)(24)(A), substituted “congressional committees specified in paragraph (3)” for “Committees on Armed Services of the Senate and the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Public Works and Transportation of the House of Representatives”.

Subsec. (a)(3). Puspan. L. 104–106, § 1502(a)(24)(B), added par. (3).

Subsec. (span). Puspan. L. 104–201, § 369(a), substituted “in the National Capital Region” for “at the Pentagon Reservation”.

1991—Subsec. (span)(2). Puspan. L. 102–190, § 2864, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “shall have the same powers as sheriffs and constables to enforce the laws, rules, or regulations enacted for the protection of persons and property.”

Subsec. (c)(3). Puspan. L. 102–190, § 1061(a)(18), substituted “misdemeanor” for “misdeameanor”.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Puspan. L. 115–91, div. A, title X, § 1081(d), Dec. 12, 2017, 131 Stat. 1599, provided that the amendment made by section 1081(d)(16) is effective as of Dec. 23, 2016, and as if included in Puspan. L. 114–328 as enacted.

Transfer of Functions

For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Cost of Pentagon Renovation

Puspan. L. 108–287, title VIII, § 8055, Aug. 5, 2004, 118 Stat. 982, provided that:

“(a)Limitation on Pentagon Renovation Costs.—Not later than the date each year on which the President submits to Congress the budget under section 1105 of title 31, United States Code, the Secretary of Defense shall submit to Congress a certification that the total cost for the planning, design, construction, and installation of equipment for the renovation of wedges 2 through 5 of the Pentagon Reservation, cumulatively, will not exceed four times the total cost for the planning, design, construction, and installation of equipment for the renovation of wedge 1.

“(span)Annual Adjustment.—For purposes of applying the limitation in subsection (a), the Secretary shall adjust the cost for the renovation of wedge 1 by any increase or decrease in costs attributable to economic inflation, based on the most recent economic assumptions issued by the Office of Management and Budget for use in preparation of the budget of the United States under section 1104 of title 31, United States Code.

“(c)Exclusion of Certain Costs.—For purposes of calculating the limitation in subsection (a), the total cost for wedges 2 through 5 shall not include—

“(1) any repair or reconstruction cost incurred as a result of the terrorist attack on the Pentagon that occurred on September 11, 2001;

“(2) any increase in costs for wedges 2 through 5 attributable to compliance with new requirements of Federal, State, or local laws; and

“(3) any increase in costs attributable to additional security requirements that the Secretary of Defense considers essential to provide a safe and secure working environment.

“(d)Certification Cost Reports.—As part of the annual certification under subsection (a), the Secretary shall report the projected cost (as of the time of the certification) for—

“(1) the renovation of each wedge, including the amount adjusted or otherwise excluded for such wedge under the authority of paragraphs (2) and (3) of subsection (c) for the period covered by the certification; and

“(2) the repair and reconstruction of wedges 1 and 2 in response to the terrorist attack on the Pentagon that occurred on September 11, 2001.

“(e)Duration of Certification Requirement.—The requirement to make an annual certification under subsection (a) shall apply until the Secretary certifies to Congress that the renovation of the Pentagon Reservation is completed.”

Similar provisions were contained in the following prior appropriation acts:

Puspan. L. 108–87, title VIII, § 8055, Sept. 30, 2003, 117 Stat. 1084.

Puspan. L. 107–248, title VIII, § 8056, Oct. 23, 2002, 116 Stat. 1549.

Puspan. L. 107–117, div. A, title VIII, § 8060, Jan. 10, 2002, 115 Stat. 2260.

Establishment of Memorial to Victims of Terrorist Attack on Pentagon Reservation and Authority to Accept Monetary Contributions for Memorial and Repair of Pentagon

Puspan. L. 107–107, div. B, title XXVIII, § 2864, Dec. 28, 2001, 115 Stat. 1333, provided that:

“(a)Memorial Authorized.—The Secretary of Defense may establish a memorial at the Pentagon Reservation dedicated to the victims of the terrorist attack on the Pentagon that occurred on September 11, 2001. The Secretary shall use necessary amounts in the Pentagon Reservation Maintenance Revolving Fund established by section 2674(e) of title 10, United States Code, including amounts deposited in the Fund under subsection (c), to plan, design, construct, and maintain the memorial.

“(span)Acceptance of Contributions.—The Secretary of Defense may accept monetary contributions made for the purpose of assisting in—

“(1) the establishment of the memorial to the victims of the terrorist attack; and

“(2) the repair of the damage caused to the Pentagon Reservation by the terrorist attack.

“(c)Deposit of Contributions.—The Secretary of Defense shall deposit contributions accepted under subsection (span) in the Pentagon Reservation Maintenance Revolving Fund. The contributions shall be available for expenditure only for the purposes specified in subsection (span).”