10 U.S.C. § 2673 — Untitled legal text

Page 2080 TITLE 10—ARMED FORCES [§ 2672a tion of, or the incarceration of any person for, any violation of law; ‘‘(2) has statutory powers of arrest or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice); and ‘‘(3) is authorized by the Department to carry a firearm.’’ REQUIREMENT THAT SECRETARY OF DEFENSE IMPLE- MENT SECURITY AND EMERGENCY RESPONSE REC- OMMENDATIONS RELATING TO ACTIVE SHOOTER OR TERRORIST ATTACKS ON INSTALLATIONS OF DEPART- MENT OF DEFENSE Pub. L. 116–283, div. A, title III, § 368, Jan. 1, 2021, 134 Stat. 3552, provided that: ‘‘(a) REQUIREMENT.—Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Sec- retary of Defense shall implement the applicable secu- rity and emergency response recommendations relating to active shooter or terrorist attacks on installations of the Department of Defense made in the following re- ports: ‘‘(1) The report by the Government Accountability Office dated July 2015 entitled, ‘Insider Threats: DOD Should Improve Information Sharing and Oversight to Protect U.S. Installations’ (GAO–15–543). ‘‘(2) The report prepared by the Department of the Navy relating to the Washington Navy Yard shooting in 2013. ‘‘(3) The report by the Department of the Army dated August 2010 entitled ‘Fort Hood, Army Internal Review Team: Final Report’. ‘‘(4) The independent review by the Department of Defense dated January 2010 entitled ‘Protecting the Force: Lessons from Fort Hood’. ‘‘(5) The report by the Department of the Air Force dated October 2010 entitled ‘Air Force Follow-On Re- view: Protecting the Force: Lessons from Fort Hood’. ‘‘(b) NOTIFICATION OF INAPPLICABLE RECOMMENDA- TIONS.— ‘‘(1) IN GENERAL.—If the Secretary determines that a recommendation described in subsection (a) is out- dated, is no longer applicable, or has been superseded by more recent separate guidance or recommenda- tions set forth by the Government Accountability Of- fice, the Department of Defense, or another entity in related contracted review, the Secretary shall notify the Committees on Armed Services of the Senate and the House of Representatives not later than 45 days after the date of the enactment of this Act. ‘‘(2) IDENTIFICATION AND JUSTIFICATION.—The notifi- cation under paragraph (1) shall include an identifica- tion, set forth by report [sic] specified in subsection (a), of each recommendation that the Secretary de- termines should not be implemented, with a justifica- tion for each such determination.’’ DEPARTMENT OF DEFENSE POLICY FOR REGULATION IN MILITARY COMMUNITIES OF DANGEROUS DOGS KEPT AS PETS Pub. L. 116–283, div. B, title XXVIII, § 2884, Jan. 1, 2021, 134 Stat. 4372, provided that: ‘‘(a) POLICY REQUIRED.—Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall establish a uniform policy for the regulation of dangerous dogs kept as pets in military communities. ‘‘(b) CONSULTATION.—The policy required by sub- section (a) shall be developed in consultation with pro- fessional veterinary and animal behavior experts in re- gard to effective regulation of dangerous dogs kept as pets. ‘‘(c) REGULATIONS.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations implementing the policy established under subsection (a). ‘‘(2) BEST PRACTICES.—The regulations prescribed under paragraph (1) shall include strategies, for im- plementation within all military communities, for the prevention of dog bites that are consistent with the following best practices: ‘‘(A) Enforcement of regulations relating to dan- gerous dogs kept as pets, with emphasis on identi- fication of dangerous dog behavior and chronically irresponsible pet owners. ‘‘(B) Enforcement of animal control regulations, such as leash laws and stray animal control poli- cies. ‘‘(C) Promotion and communication of resources for pet spaying and neutering. ‘‘(D) Investment in community education initia- tives, such as teaching criteria for pet selection, pet care best practices, owner responsibilities, and safe and appropriate interaction with dogs. ‘‘(d) EXCLUSIONS.—This section does not apply with respect to military working dogs and any dog certified as a service animal. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘dangerous dog’ means a dog that— ‘‘(A) has attacked a person or another animal without justification, causing injury or death to the person or animal; or ‘‘(B) exhibits behavior that reasonably suggests the likely risk of such an attack. ‘‘(2) The term ‘military communities’ means— ‘‘(A) all military installations; and ‘‘(B) all military housing, including privatized military housing under subchapter IV of chapter 169 of title 10, United States Code.’’ ESTABLISHMENT OF PROCESS BY WHICH MEMBERS OF THE ARMED FORCES MAY CARRY AN APPROPRIATE FIREARM ON A MILITARY INSTALLATION Pub. L. 114–92, div. A, title V, § 526, Nov. 25, 2015, 129 Stat. 813, provided that: ‘‘Not later than December 31, 2015, the Secretary of Defense, taking into consider- ation the views of senior leadership of military instal- lations in the United States, shall establish and imple- ment a process by which the commanders of military installations in the United States, or other military commanders designated by the Secretary of Defense for military reserve centers, Armed Services recruiting centers, and such other defense facilities as the Sec- retary may prescribe, may authorize a member of the Armed Forces who is assigned to duty at the installa- tion, center or facility to carry an appropriate firearm on the installation, center, or facility if the com- mander determines that carrying such a firearm is nec- essary as a personal- or force-protection measure.’’ [§ 2672a. Repealed. Pub. L. 109–163, div. B, title XXVIII, § 2821(f), Jan. 6, 2006, 119 Stat. 3513] Section, added Pub. L. 94–107, title VI, § 607(8), Oct. 7, 1975, 89 Stat. 566; amended Pub. L. 98–525, title XIV, § 1405(39), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title X, § 1031(a)(29), Nov. 24, 2003, 117 Stat. 1599; Pub. L. 108–375, div. A, title X, § 1084(d)(23), Oct. 28, 2004, 118 Stat. 2062; Pub. L. 109–163, div. B, title XXVIII, § 2821(a)(6), Jan. 6, 2006, 119 Stat. 3511, related to acquisition of interests in land when need is urgent. See section 2663(d) of this title. [§ 2673. Repealed. Pub. L. 108–375, div. B, title XXVIII, § 2821(d)(2), Oct. 28, 2004, 118 Stat. 2130] Section, added Pub. L. 100–370, § 1(l)(1), July 19, 1988, 102 Stat. 849, related to availability of funds for acquisi- tion of certain interests in land. A prior section 2673, added Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1459, related to restoration or replace- ment of facilities damaged or destroyed, prior to repeal by Pub. L. 97–214, § 7(1), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of mili- Page 2081 TITLE 10—ARMED FORCES § 2674 tary family housing authorized before, on, or after such date. See section 2854 of this title. § 2674. Operation and control of Pentagon Res- ervation and defense facilities in National Capital Region (a) PENTAGON RESERVATION.—The Secretary of Defense has jurisdiction, custody, and control over, and responsibility for, the operation, maintenance, and management of the Pentagon Reservation. (b) LAW ENFORCEMENT AUTHORITIES AND PER- SONNEL.—(1) The Secretary shall protect the buildings, grounds, and property located in the National Capital Region that are occupied by, or under the jurisdiction, custody, or control of, the Department of Defense, and the persons on that property. (2) The Secretary may designate military or civilian personnel to perform law enforcement functions and military, civilian, or contract per- sonnel to perform security functions for such buildings, grounds, property, and persons, in- cluding, with regard to civilian personnel des- ignated under this section, duty in areas outside the property referred to in paragraph (1) to the extent necessary to protect that property and persons on that property. Subject to the author- ization of the Secretary, any such military or civilian personnel so designated may exercise the authorities listed in paragraphs (1) through (5) of section 2672(c) of this title. (3) The powers granted under paragraph (2) to military and civilian personnel designated under that paragraph shall be exercised in accordance with guidelines prescribed by the Secretary and approved by the Attorney General. (4) Nothing in this subsection shall be con- strued to— (A) preclude or limit the authority of any Defense Criminal Investigative Organization or any other Federal law enforcement agency; (B) restrict the authority of the Secretary of Homeland Security under the Homeland Secu- rity Act of 2002 (6 U.S.C. 101 et seq.) or the au- thority of the Administrator of General Serv- ices, including the authority to promulgate regulations affecting property under the cus- tody and control of that Secretary or the Ad- ministrator, respectively; (C) expand or limit section 21 of the Internal Security Act of 1950 (50 U.S.C. 797); (D) affect chapter 47 of this title (the Uni- form Code of Military Justice); (E) restrict any other authority of the Sec- retary of Defense or the Secretary of a mili- tary department; or (F) restrict the authority of the Director of the National Security Agency under section 11 of the National Security Agency Act of 1959 (50 U.S.C. 3609). (5) For positions for which the permanent duty station is the Pentagon Reservation, the Sec- retary, in his sole and exclusive discretion, may without regard to the pay provisions of title 5, fix the rates of basic pay for such positions oc- cupied by civilian law enforcement and security personnel appointed under the authority of this section so as to place such personnel on a com- parable basis with personnel of other similar Federal law enforcement and security organiza- tions within the vicinity of the Pentagon Res- ervation, not to exceed the basic pay for per- sonnel performing similar duties in the United States Secret Service Uniformed Division or the United States Park Police, whichever is greater. (c) REGULATIONS AND ENFORCEMENT.—(1) The Secretary may prescribe such rules and regula- tions as the Secretary considers appropriate to ensure the safe, efficient, and secure operation of the Pentagon Reservation, including rules and regulations necessary to govern the oper- ation and parking of motor vehicles on the Pen- tagon Reservation. (2) Any person who violates a rule or regula- tion prescribed under this subsection is liable to the United States for a civil penalty of not more than $1,000. (3) Any person who willfully violates any rule or regulation prescribed pursuant to this sub- section commits a Class B misdemeanor. (d) AUTHORITY TO CHARGE FOR PROVISION OF CERTAIN SERVICES AND FACILITIES.— The Sec- retary of Defense may establish rates and col- lect charges for space, services, protection, maintenance, construction, repairs, alterations, or facilities provided at the Pentagon Reserva- tion. (e) PENTAGON RESERVATION MAINTENANCE RE- VOLVING FUND.—(1) There is established in the Treasury of the United States a revolving fund to be known as the Pentagon Reservation Main- tenance Revolving Fund (hereafter in this sec- tion referred to as the ‘‘Fund’’). There shall be deposited into the Fund funds collected by the Secretary for space and services and other items provided an organization or entity using any fa- cility or land on the Pentagon Reservation pur- suant to subsection (d). (2) Subject to paragraphs (3) and (4), monies deposited into the Fund shall be available, with- out fiscal year limitation, for expenditure for real property management, operation, protec- tion, construction, repair, alteration and related activities for the Pentagon Reservation. (3) If the cost of a construction or alteration activity proposed to be financed in whole or in part using monies from the Fund will exceed the limitation specified in section 2805 of this title for a comparable unspecified minor military construction project, the activity shall be sub- ject to authorization as provided by section 2802 of this title before monies from the Fund are ob- ligated for the activity. (4)(A) Except as provided in subparagraph (B), the authority of the Secretary to use monies from the Fund to support construction or alter- ation activities at the Pentagon Reservation ex- pires on September 30, 2012. (B) Notwithstanding the date specified in sub- paragraph (A), the Secretary may use monies from the Fund after that date to support con- struction or alteration activities at the Pen- tagon Reservation within the limits specified in section 2805 of this title. (f) DEFINITIONS.— In this section: (1) The term ‘‘Pentagon Reservation’’ means the Pentagon, the Mark Center Campus, and the Raven Rock Mountain Complex. (2) The term ‘‘National Capital Region’’ means the geographic area located within the