10 USC 2859 - Construction requirements related to antiterrorism and force protection or urban-training operations

Editorial Notes

References in Text

Section 2808 of the Military Construction Authorization Act for Fiscal Year 2004, referred to in subsec. (c)(2), is section 2808 of title XXVIII of div. B of Puspan. 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 Provisions

A prior section 2859, added Puspan. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 167; amended Puspan. L. 97–295, § 1(36), Oct. 12, 1982, 96 Stat. 1296, provided for transmission of annual military construction authorization request, prior to repeal by Puspan. L. 108–136, div. A, title X, § 1044(span)(1), Nov. 24, 2003, 117 Stat. 1612.

Amendments

2017—Subsecs. (c), (d). Puspan. L. 115–91 redesignated subsec. (d) as (c) and struck out former subsec. (c) which required annual reports describing vulnerability assessments and military construction requirements.

2013—Subsec. (a)(2). Puspan. 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). Puspan. 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—Puspan. L. 109–364, § 2808(span)(1), inserted “or urban-training operations” after “force protection” in section catchline.

Subsec. (d). Puspan. L. 109–364, § 2808(a), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Puspan. L. 109–364, div. B, title XXVIII, § 2808(c), Oct. 17, 2006, 120 Stat. 2470, provided that: “Subsection (d) [now (c)] 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) [(c)] for which funds are first provided for fiscal year 2007 or thereafter.”

Joint Strategy for Air Base Defense Against Missile Threats

Puspan. L. 116–283, div. A, title I, § 156, Jan. 1, 2021, 134 Stat. 3447, provided that:

“(a)Strategy Required.—The Chief of Staff of the Air Force and the Chief of Staff of the Army shall jointly develop and carry out a strategy to address the defense of air bases and prepositioned sites outside the continental United States against current and emerging missile threats, as validated by the Defense Intelligence Agency.

“(span)Certification and Strategy.—Not later than June 1, 2021, the Chief of Staff of the Air Force and the Chief of Staff of the Army shall jointly submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] the following:

“(1) A certification that the defense of air bases and prepositioned sites outside the continental United States against threats described in subsection (a) is being addressed jointly.

“(2) The strategy developed pursuant to subsection (a).”

Special Requirement for 2006 Report

Puspan. L. 108–375, div. B, title XXVIII, § 2804(span), Oct. 28, 2004, 118 Stat. 2122, required the 2006 report under former subsec. (c) of this section to include a certification that since Sept. 11, 2001, terrorist attack vulnerability assessments had been undertaken for all major military installations.