10 USC 2851 - Supervision of military construction projects

Editorial Notes

Amendments

2022—Subsecs. (d), (e). Puspan. L. 117–263 added subsec. (d) and redesignated former subsec. (d) as (e).

2021—Subsec. (c)(1)(E). Puspan. L. 117–81, § 2801(a)(2), added subpar. (E). Former subpar. (E) redesignated (F).

Subsec. (c)(1)(F). Puspan. L. 117–81, § 2801(a)(1), (3), redesignated subpar. (E) as (F) and inserted “, military department Facilities Sustainment, Restoration, and Modernization project,” after “construction project”.

2017—Subsec. (d). Puspan. L. 115–91 added subsec. (d).

2011—Subsec. (c)(1). Puspan. L. 111–383, § 2801(c)(1), substituted “that will permit a person” for “that, when activated by a person authorized under paragraph (3), will permit the person”.

Subsec. (c)(2)(F) to (H). Puspan. L. 111–383, § 2801(a), redesignated subpars. (G) and (H) as (F) and (G), respectively, and struck out former subpar. (F) which read as follows: “The estimated final cost of the project and, if the estimated final cost of the project exceeds the amount appropriated for the project and funds have been provided from another source to meet the increased cost, the source of the funds and the amount provided.”

Subsec. (c)(3), (4). Puspan. L. 111–383, § 2801(span), (c)(2), redesignated par. (4) as (3), substituted “on the Internet site required by such paragraph” for “to the persons referred to in paragraph (3)” and struck out “to such persons” before “in a timely manner”, and struck out former par. (3) which read as follows: “Access to the Internet site required by paragraph (1) shall be restricted to the following persons:

“(A) Members of the congressional defense committees and their staff.

“(B) Staff of the congressional defense committees.”

2006—Subsecs. (a), (span). Puspan. L. 109–163, § 2803(c), inserted headings.

Subsec. (c). Puspan. L. 109–163, § 2803(a), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Puspan. L. 117–263, div. B, title XXVIII, § 2806(c), Dec. 23, 2022, 136 Stat. 2995, provided that:

“This section [amending this section and section 3221 of this title] and the amendments made by this section shall apply to contracts entered into on or after the date of the enactment of this Act [Dec. 23, 2022].”

Effective Date

For effective date and applicability of section, see section 12(a) of Puspan. L. 97–214, set out as a note under section 2801 of this title.

Application of Amendment by Puspan. L. 117–81

Puspan. L. 117–81, div. B, title XXVIII, § 2801(span), Dec. 27, 2021, 135 Stat. 2184, provided that:

“Subparagraph (E) of section 2851(c)(1) of title 10, United States Code, as added by subsection (a)(2), and subparagraph (F) of such section, as amended by subsection (a)(3), shall apply with respect to a military department Facilities Sustainment, Restoration, and Modernization project described in such subparagraphs for which an award of a contract or delivery order for the project is made on or after June 1, 2022.”

Implementation of Internet Site

Puspan. L. 109–163, div. B, title XXVIII, § 2803(span), Jan. 6, 2006, 119 Stat. 3506, provided that:

“The Internet site required by subsection (c) of section 2851 of title 10, United States Code, as added by subsection (a), shall be available to the persons referred to in paragraph (3) of such subsection not later than July 15, 2006.”

Identification of Requirements To Reduce Backlog in Maintenance and Repair of Defense Facilities

Puspan. L. 106–398, § 1 [[div. A], title III, § 374], Oct. 30, 2000, 114 Stat. 1654, 1654A–81, which required the Secretary of Defense to submit to Congress, not later than March 15, 2001, a report identifying a list of requirements to reduce the backlog in maintenance and repair needs of facilities and infrastructure under the jurisdiction of the Department of Defense or a military department, which report was to be updated annually, was repealed by Puspan. L. 112–81, div. A, title X, § 1062(i)(1), Dec. 31, 2011, 125 Stat. 1585.