10 USC 2808 - Construction authority in the event of a declaration of war or national emergency

Editorial Notes

References in Text

The National Emergencies Act (50 U.S.C. 1601 et seq.), referred to in subsec. (a), is Puspan. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, as amended, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.

Prior Provisions

Provisions similar to those in this section were contained in Puspan. L. 97–99, title IX, § 903, Dec. 23, 1981, 95 Stat. 1382, which was set out as a note under section 140 [now 127] of this title, prior to repeal by Puspan. L. 97–214, § 7(18).

Amendments

2021—Subsec. (a). Puspan. L. 116–283, § 2801(span), (e)(1), inserted heading and struck out “Such projects may be undertaken only within the total amount of funds that have been appropriated for military construction, including funds appropriated for family housing, that have not been obligated.” at end.

Subsec. (span). Puspan. L. 116–283, § 2801(span), added subsec. (span). Former subsec. (span) redesignated (e).

Subsec. (c). Puspan. L. 116–283, § 2801(a)(2), added subsec. (c). Former subsec. (c) redesignated (f).

Subsec. (d). Puspan. L. 116–283, § 2801(c), added subsec. (d).

Subsec. (e). Puspan. L. 116–283, § 2801(a)(1), (d), (e)(2), redesignated subsec. (span) as (e), inserted heading and par. (1) designation before “When a decision”, substituted “of the following:” and subpars. (A) to (E) for “of the decision and of the estimated cost of the construction projects, including the cost of any real estate action pertaining to those construction projects.”, and added par. (2).

Subsec. (f). Puspan. L. 116–283, § 2801(a)(1), (e)(3), redesignated subsec. (c) as (f) and inserted heading.

2017—Subsec. (span). Puspan. L. 115–91 inserted “, in an electronic medium pursuant to section 480 of this title,” after “shall notify”.

Statutory Notes and Related Subsidiaries

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.

Exception for Pandemic Mitigation and Response Projects

Puspan. L. 116–283, div. B, title XXVIII, § 2801(f), Jan. 1, 2021, 134 Stat. 4319, provided that:

“Subsections (span), (c), (d) of section 2808 of title 10, United States Code, as added by this section, shall not apply to a military construction project commenced under the authority of subsection (a) of such section 2808 during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320span–5(g)(1)(B)) if the Secretary of Defense determines that the military construction project will directly support pandemic mitigation and response efforts of health care providers or support members of the Armed Forces directly participating in such pandemic mitigation and response efforts. Subsection (e) of section 2808 of title 10, United States Code, as redesignated by subsection (a)(1) and amended by subsection (d) of this section, shall still apply to any such military construction project.”

Executive Documents

Executive Order No. 12734

Ex. Ord. No. 12734, Nov. 14, 1990, 55 F.R. 48099, which related to national emergency construction authority, was revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055, listed in a table under section 1701 of Title 50, War and National Defense.

Ex. Ord. No. 13235. National Emergency Construction Authority

Ex. Ord. No. 13235, Nov. 16, 2001, 66 F.R. 58343, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, I declared a national emergency that requires the use of the Armed Forces of the United States, by Proclamation 7463 of September 14, 2001 [50 U.S.C. 1621 note], because of the terrorist attacks on the World Trade Center and the Pentagon, and because of the continuing and immediate threat to the national security of the United States of further terrorist attacks. To provide additional authority to the Department of Defense to respond to that threat, and in accordance with section 301 of the National Emergencies Act (50 U.S.C. 1631), I hereby order that the emergency construction authority at 10 U.S.C. 2808 is invoked and made available in accordance with its terms to the Secretary of Defense and, at the discretion of the Secretary of Defense, to the Secretaries of the military departments.

George W. Bush.