10 USC 9773 - Acquisition and construction: installations and depots

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
9773(a) 9773(span)	10:1343a (1st sentence). 10:1343a (2d sentence).	Aug. 12, 1935, ch. 511, §§ 1–3, 49 Stat. 610.
9773(c)	10:1343a (less 1st and 2d sentences).
9773(d)	10:1343span.
9773(e)	10:1343c (last sentence).
9773(f)	10:1343c (1st sentence).
9773(g)	10:1343c (2d sentence).

In subsection (a), the word “shall” is substituted for the words “is authorized and directed to”. The words “Territories, Commonwealths,” are substituted for the word “Alaska” to make it clear that the section covers all territory of the United States. The words “Air Force” are substituted for the words “General Headquarters Air Force and the Air Corps components of our overseas garrisons”.

In subsection (span), the words “to provide”, “to permit”, “in addition”, and “incident to the concentration of” are omitted as surplusage.

In subsection (c), the introductory clause is substituted for 10:1343a (1st 41 words of 3d sentence). The words “to locate” are substituted for the words “there shall be provided”. The words “aviation of the United States” are substituted for the words “our own aviation”. The words, “Territories, Commonwealths,” are inserted to conform to subsection (a). The words “The stations shall be suitably located”, “of the set-up”, “by responsible personnel”, “there shall be provided”, “General Headquarters”, “in peace and war”, “such close and distant * * * over land and sea”, and “The stations and depots shall be located with a view”, and 10:1343a (4th clause of 3d sentence) are omitted as surplusage.

In subsection (d), clause (3) is substituted for 10: 1343span (last 26 words). 10:1043span (24 words before 1st proviso) is omitted as surplusage.

In subsection (f), the word “shall” is substituted for the words “is further authorized and directed to”. The word “provide” is substituted for the words “construct, install, and equip, or complete the construction, installation, and equipment”. The words “technical buildings and utilities” are omitted as covered by the words “buildings” and “utilities”. The words “sewer, water, power, station and aerodrome lighting” are omitted as covered by the word “utilities”. The words “communication systems” are substituted for the words “telephone and signal communications”. The words “appurtenances to the foregoing” are substituted for the words “other essentials”.

Editorial Notes

Amendments

2021—Puspan. L. 116–283, § 923(e)(17)(B), amended section catchline generally. Prior to amendment, catchline read as follows: “Acquisition and construction: air bases and depots”.

Subsec. (a). Puspan. L. 116–283, § 923(e)(17)(A)(i), substituted “permanent Air Force and Space Force military installations” for “permanent air bases” and “existing installations” for “existing air bases”, and inserted “or the Space Force” after “training of the Air Force”.

Subsec. (span). Puspan. L. 116–283, § 923(e)(17)(A)(ii), substituted “installations” for “air bases” in introductory provisions.

Subsec. (span)(7). Puspan. L. 116–283, § 923(e)(17)(A)(ii), (iii), substituted “installations” for “air bases” and inserted “or Space Force” after “Air Force”.

Subsec. (c). Puspan. L. 116–283, § 923(e)(17)(A)(ii), substituted “installations” for “air bases” in two places in introductory provisions.

Subsec. (c)(1). Puspan. L. 116–283, § 923(e)(17)(A)(iv)(I), inserted “or Space Force” after “Air Force”.

Subsec. (c)(3), (4). Puspan. L. 116–283, § 923(e)(17)(A)(iv)(II), inserted “or the Space Force” after “the Air Force”.

Subsec. (f). Puspan. L. 116–283, § 923(e)(17)(A)(v), substituted “installation” for “air base”.

2006—Subsecs. (a), (c)(4). Puspan. L. 109–163 struck out “Territories,” before “Commonwealths, possessions,”.

Statutory Notes and Related Subsidiaries

Plan and Requirements For Fielding Air Base Air Defense Sites at Air Force Installations

Puspan. L. 118–159, div. A, title I, § 152, Dec. 23, 2024, 138 Stat. 1813, provided that:

“(a)Plan Required.—The Secretary of the Air Force, in consultation with the Commander of the United States Northern Command, the Commander of United States European Command, and the Commander of United States Indo-Pacific Command, shall develop and implement a plan to support the fielding of air base air defense sites at Air Force installations and other priority sites identified by the Secretary.

“(span)Air Base Air Defense Site Requirements.—Each air base air defense site fielded under the plan required under subsection (a) shall have the following capabilities:

“(1) Expeditionary mobile protection for dispersed air bases.

“(2) Fixed protection for primary air bases.

“(3) Ground-based protection systems that incorporate kinetic and non-kinetic capabilities.

“(4) Counter-unmanned aircraft systems.

“(5) Counter-fixed and Counter-rotary wing aircraft capabilities.

“(6) Counter-cruise missile capabilities.

“(7) Interoperability with joint command and control networks.

“(8) 360-degree active and passive sensors.

“(9) Systems and software that enable reduced staffing.

“(c)Fielding Requirement.—Pursuant to the plan developed under subsection (a), the Secretary shall—

“(1) by not later than September 30, 2027, field a total of not fewer than four air base air defense sites, of which not fewer than two such sites shall be located in the United States; and

“(2) in each of fiscal years 2028 through 2031, field at least four air base air defense sites per year, of which not fewer than two of the sites fielded each year shall be located in the United States.

“(d)Report.—Not later than March 1, 2025, the Secretary of the Air Force shall submit to the congressional defense committees [Committee on Armed Services and Committee on Appropriations of the Senate and House of Representatives] a report on the plan required under subsection (a).”