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10 U.S.C. § 2861 — Military construction projects in connection with industrial facility investment program

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2861 — Military construction projects in connection with industrial facility investment program

**(a) Authority.—** The Secretary of Defense may carry out a military construction project, not previously authorized, for the purpose of carrying out activities under [section 2474(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2474/a/2&num=0&edition=prelim), using funds appropriated or otherwise made available for that purpose in military construction accounts. **(b) Crediting of Funds to Capital Budget.—** Funds appropriated or otherwise made available in a fiscal year for the purpose of carrying out a military construction project with respect to a covered depot (as defined in subsection (f) of [section 2476 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2476&num=0&edition=prelim)) may be credited to the amount required by subsection (a)(1) of such section to be invested in the capital budgets of the covered depots in that fiscal year. **(c) Notice and Wait Requirement.—** When a decision is made to carry out a project under subsection (a), the Secretary of Defense shall notify the appropriate committees of Congress of that decision and the savings estimated to be realized from the project. The project may then be carried out only after the end of the 14-day period beginning on the date the notification is received by such committees in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_3667efe9b157719f3ffc4aff
Source file: Laws/federal/codes/united-states-code/title-10/section-2861-military-construction-projects-in-connection-with-industrial-facility-in--233e59de21.md
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Source location: Title 10, Chapter 169, § 2861; chapter-169-military-construction-and-military-family-housing.md

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**(a) Authority.—** The Secretary of Defense may carry out a military construction project, not previously authorized, for the purpose of carrying out activities under [section 2474(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2474/a/2&num=0&edition=prelim), using funds appropriated or otherwise made available for that purpose in military construction accounts. **(b) Crediting of Funds to Capital Budget.—** Funds appropriated or otherwise made available in a fiscal year for the purpose of carrying out a military construction project with respect to a covered depot (as defined in subsection (f) of [section 2476 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2476&num=0&edition=prelim)) may be credited to the amount required by subsection (a)(1) of such section to be invested in the capital budgets of the covered depots in that fiscal year. **(c) Notice and Wait Requirement.—** When a decision is made to carry out a project under subsection (a), the Secretary of Defense shall notify the appropriate committees of Congress of that decision and the savings estimated to be realized from the project. The project may then be carried out only after the end of the 14-day period beginning on the date the notification is received by such committees in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2476 — Minimum capital investment for certain depots

**(a) Minimum Investment.—** (1) Each fiscal year, the Secretary of a military department shall invest in the capital budgets of the covered depots of that military department a total amount equal to not less than eight percent of the average total combined maintenance, repair, and overhaul workload funded at all the depots of that military department for the preceding three fiscal years. (2) Of the amount required to be invested in the capital budgets of the covered depots of a military department under paragraph (1) for each fiscal year— (A) 75 percent shall be used for the modernization or improvement of the efficiency of depot facilities, equipment, work environment, or processes in direct support of depot operations; and (B) 25 percent shall be used for the sustainment, restoration, and modernization (as such terms are defined in the Department of Defense Financial Management Regulation 7000.14–R, or successor regulation) of existing facilities or infrastructure. **(b) Capital Budget.—** For purposes of this section, the capital budget of a depot includes investment funds spent to modernize or improve the efficiency of depot facilities, equipment, work environment, or processes in direct support of depot operations. **(c) Compliance With Certain Requirements Relating to Personnel and Total Force Management.—** In identifying amounts to invest pursuant to the requirement under subsection (a)(1), the Secretary of a military department shall comply with all applicable requirements of sections 129 and 129a of this title. **(d) Waiver.—** The Secretary of Defense may waive the requirement under subsection (a)(1) with respect to a military department for a fiscal year if the Secretary determines that the waiver is necessary for reasons of national security. Wh

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 480 — Reports to Congress: submission in electronic form

**(a) Requirement.—** Whenever the Secretary of Defense or any other official of the Department of Defense submits to Congress (or any committee of either House of Congress) a report that the Secretary (or other official) is required by law to submit, the Secretary (or other official) shall provide to Congress (or such committee) a copy of the report in an electronic medium. **(b) Exception.—** Subsection (a) does not apply to a report submitted in classified form. **(c) Definition.—** In this section, the term “report” includes any certification, notification, or other communication in writing.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2861 — Military construction projects in connec-

Page 2284 TITLE 10—ARMED FORCES § 2861 Pub. L. 102–136, § 122, Oct. 25, 1991, 105 Stat. 643. Pub. L. 99–500, § 101(k) [title I, § 121], Oct. 18, 1986, 100 Stat. 1783–287, 1783–293, and Pub. L. 99–591, § 101(k) [title I, § 121], Oct. 30, 1986, 100 Stat. 3341–287, 3341–293, as amended by Pub. L. 102–136, § 122, Oct. 25, 1991, 105 Stat. 643, provided that: ‘‘For Transfer by the Secretary of Defense to and from appropriations and funds not merged pursuant to subsection 1552(a)(1) of title 31 of the United States Code and available for obligation or expenditure during fiscal year 1987 or thereafter, for military construction or expenses of family housing for the military departments and Defense agencies, in order to maintain the budgeted level of operations for such appropriations and thereby eliminate substantial gains and losses to such appropriations caused by fluc- tuations in foreign currency exchange rates that vary substantially from those used in preparing budget sub- missions, an appropriation, to remain available until expended: Provided, That funds transferred from this appropriation shall be merged with and be available for the same purpose, and for the same time period, as the appropriation or fund to which transferred, and funds transferred to this appropriation shall be merged with, and available for the purpose of this appropriation until expended: Provided further, That transfers may be made from time to time from this appropriation to the extent the Secretary of Defense determines it may be necessary to do so to reflect downward fluctuations in the currency exchange rates from those used in pre- paring the budget submissions for such appropriations, but transfers shall be made from such appropriations to this appropriation to refl

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2861

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