10 U.S.C. § 2814 — Special authority for development of Ford

Page 2241 TITLE 10—ARMED FORCES § 2814 the United States to make payments under the lease in any fiscal year is subject to the avail- ability of appropriations for that purpose. (Added Pub. L. 101–189, div. B, title XXVIII, § 2809(a), Nov. 29, 1989, 103 Stat. 1649; amended Pub. L. 101–510, div. B, title XXVIII, § 2864, Nov. 5, 1990, 104 Stat. 1806; Pub. L. 108–136, div. A, title X, § 1031(a)(39), Nov. 24, 2003, 117 Stat. 1601; Pub. L. 115–91, div. B, title XXVIII, § 2801(a)(9), Dec. 12, 2017, 131 Stat. 1841.) Editorial Notes AMENDMENTS 2017—Subsec. (c)(1). Pub. L. 115–91 added par. (1) and struck out former par. (1) which set out justification, economic analysis, and wait requirements for entering into a lease. 2003—Subsec. (c)(1)(B). Pub. L. 108–136 inserted before period at end ‘‘or, if over sooner, a period of 14 days has expired following the date on which a copy of the jus- tification and economic analysis are provided in an electronic medium pursuant to section 480 of this title’’. 1990—Subsec. (a)(2)(I). Pub. L. 101–510 added subpar. (I). § 2813. Acquisition of existing facilities in lieu of authorized construction (a) ACQUISITION AUTHORITY.—Using funds ap- propriated for a military construction project authorized by law for a military installation, the Secretary of the military department con- cerned may acquire an existing facility (includ- ing the real property on which the facility is lo- cated) at or near the military installation in- stead of carrying out the authorized military construction project if the Secretary determines that— (1) the acquisition of the facility satisfies the requirements of the military department concerned for the authorized military con- struction project; and (2) it is in the best interests of the United States to acquire the facility instead of car- rying out the authorized military construction project. (b) MODIFICATION OR CONVERSION OF ACQUIRED FACILITY.—(1) As part of the acquisition of an existing facility under subsection (a), the Sec- retary of the military department concerned may carry out such modifications, repairs, or conversions of the facility as the Secretary con- siders to be necessary so that the facility satis- fies the requirements for which the military construction project was authorized. (2) The costs of anticipated modifications, re- pairs, or conversions under paragraph (1) are re- quired to remain within the authorized amount of the military construction project. The Sec- retary concerned shall consider such costs in de- termining whether the acquisition of an existing facility is— (A) more cost effective than carrying out the authorized military construction project; and (B) in the best interests of the United States. (c) NOTICE AND WAIT REQUIREMENTS.—A con- tract may not be entered into for the acquisi- tion of a facility under subsection (a) until the Secretary concerned notifies the appropriate committees of Congress of the determination to acquire an existing facility instead of carrying out the authorized military construction project. The notification shall include the rea- sons for acquiring the facility. After the notifi- cation is transmitted, the Secretary may then enter into the contract only after the end of the 14-day period beginning on the date on which the notification is received by the committees in an electronic medium pursuant to section 480 of this title. (Added Pub. L. 103–160, div. B, title XXVIII, § 2805(a)(1), Nov. 30, 1993, 107 Stat. 1886; amended Pub. L. 104–106, div. A, title XV, § 1502(a)(25), Feb. 10, 1996, 110 Stat. 506; Pub. L. 108–136, div. A, title X, § 1031(a)(40), Nov. 24, 2003, 117 Stat. 1601; Pub. L. 109–163, div. B, title XXVIII, § 2801(b), Jan. 6, 2006, 119 Stat. 3504; Pub. L. 115–91, div. B, title XXVIII, § 2801(a)(10), Dec. 12, 2017, 131 Stat. 1841.) Editorial Notes AMENDMENTS 2017—Subsec. (c). Pub. L. 115–91 substituted ‘‘notifies the appropriate committees of Congress’’ for ‘‘trans- mits to the appropriate committees of Congress a writ- ten notification’’ and ‘‘14-day period’’ for ‘‘21-day pe- riod’’ and struck out ‘‘or, if earlier, the end of the 14- day period beginning on the date on which a copy of the report is provided’’ after ‘‘received by the committees’’. 2006—Subsec. (c). Pub. L. 109–163 substituted ‘‘21-day period’’ for ‘‘30-day period’’ and ‘‘14-day period’’ for ‘‘21- day period’’. 2003—Subsec. (c). Pub. L. 108–136 struck out ‘‘the end of the 30-day period beginning on the date’’ after ‘‘until’’ and inserted last sentence. 1996—Subsec. (c). Pub. L. 104–106 substituted ‘‘appro- priate committees of Congress’’ for ‘‘Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–160, div. B, title XXVIII, § 2805(b), Nov. 30, 1993, 107 Stat. 1887, provided that: ‘‘Section 2813 of title 10, United States Code, as added by subsection (a), shall apply with respect to military construction projects authorized on or after the date of the enactment of this Act [Nov. 30, 1993].’’ § 2814. Special authority for development of Ford Island, Hawaii (a) IN GENERAL.—(1) Subject to paragraph (2), the Secretary of the Navy may exercise any au- thority or combination of authorities in this section for the purpose of developing or facili- tating the development of Ford Island, Hawaii, to the extent that the Secretary determines the development is compatible with the mission of the Navy. (2) The Secretary of the Navy may not exer- cise any authority under this section until— (A) the Secretary submits to the appropriate committees of Congress a master plan for the development of Ford Island, Hawaii; and (B) a period of 30 calendar days has elapsed following the date on which the notification is received by those committees. (b) CONVEYANCE AUTHORITY.—(1) The Secretary of the Navy may convey to any public or private Page 2242 TITLE 10—ARMED FORCES § 2814 person or entity all right, title, and interest of the United States in and to any real property (including any improvements thereon) or per- sonal property under the jurisdiction of the Sec- retary in the State of Hawaii that the Secretary determines— (A) is excess to the needs of the Navy and all of the other armed forces; and (B) will promote the purpose of this section. (2) A conveyance under this subsection may include such terms and conditions as the Sec- retary considers appropriate to protect the in- terests of the United States. (c) LEASE AUTHORITY.—(1) The Secretary of the Navy may lease to any public or private per- son or entity any real property or personal prop- erty under the jurisdiction of the Secretary in the State of Hawaii that the Secretary deter- mines— (A) is not needed for current operations of the Navy and all of the other armed forces; and (B) will promote the purpose of this section. (2) A lease under this subsection shall be sub- ject to section 2667(b)(1) of this title and may in- clude such other terms as the Secretary con- siders appropriate to protect the interests of the United States. (3) A lease of real property under this sub- section may provide that, upon termination of the lease term, the lessee shall have the right of first refusal to acquire the real property covered by the lease if the property is then conveyed under subsection (b). (4)(A) The Secretary may provide property support services to or for real property leased under this subsection. (B) To the extent provided in appropriations Acts, any payment made to the Secretary for services provided under this paragraph shall be credited to the appropriation, account, or fund from which the cost of providing the services was paid. (d) ACQUISITION OF LEASEHOLD INTEREST BY SECRETARY.—(1) The Secretary of the Navy may acquire a leasehold interest in any facility con- structed under subsection (f) as consideration for a transaction authorized by this section upon such terms as the Secretary considers ap- propriate to promote the purpose of this section. (2) The term of a lease under paragraph (1) may not exceed 10 years, unless the Secretary of Defense approves a term in excess of 10 years for purposes of this section. (3) A lease under this subsection may provide that, upon termination of the lease term, the United States shall have the right of first re- fusal to acquire the facility covered by the lease. (e) REQUIREMENT FOR COMPETITION.—The Sec- retary of the Navy shall use competitive proce- dures for purposes of selecting the recipient of real or personal property under subsection (b) and the lessee of real or personal property under subsection (c). (f) CONSIDERATION.—(1) As consideration for the conveyance of real or personal property under subsection (b), or for the lease of real or personal property under subsection (c), the Sec- retary of the Navy shall accept cash, real prop- erty, personal property, or services, or any com- bination thereof, in an aggregate amount equal to not less than the fair market value of the real or personal property conveyed or leased. (2) Subject to subsection (i), the services ac- cepted by the Secretary under paragraph (1) may include the following: (A) The construction or improvement of fa- cilities at Ford Island. (B) The restoration or rehabilitation of real property at Ford Island. (C) The provision of property support serv- ices for property or facilities at Ford Island. (g) NOTICE AND WAIT REQUIREMENTS.—The Sec- retary of the Navy may carry out a transaction authorized by this section only after the end of the 20-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the ap- propriate committees of Congress notice of the transaction, including a detailed description of the transaction and a justification for the trans- action specifying the manner in which the transaction will meet the purposes of this sec- tion. (h) FORD ISLAND IMPROVEMENT ACCOUNT.—(1) There is established on the books of the Treas- ury an account to be known as the ‘‘Ford Island Improvement Account’’. (2) There shall be deposited into the account the following amounts: (A) Amounts authorized and appropriated to the account. (B) Except as provided in subsection (c)(4)(B), the amount of any cash payment re- ceived by the Secretary for a transaction under this section. (i) USE OF ACCOUNT.—(1) Subject to paragraph (2), to the extent provided in advance in appro- priations Acts, funds in the Ford Island Im- provement Account may be used as follows: (A) To carry out or facilitate the carrying out of a transaction authorized by this sec- tion. (B) To carry out improvements of property or facilities at Ford Island. (C) To obtain property support services for property or facilities at Ford Island. (2) To extent that the authorities provided under subchapter IV of this chapter are avail- able to the Secretary of the Navy, the Secretary may not use the authorities in this section to acquire, construct, or improve family housing units, military unaccompanied housing units, or ancillary supporting facilities related to mili- tary housing. (3)(A) The Secretary may transfer funds from the Ford Island Improvement Account to the following funds: (i) The Department of Defense Family Hous- ing Improvement Fund established by section 2883(a)(1) of this title. (ii) The Department of Defense Military Un- accompanied Housing Improvement Fund es- tablished by section 2883(a)(2) of this title. (B) Amounts transferred under subparagraph (A) to a fund referred to in that subparagraph shall be available in accordance with the provi- sions of section 2883 of this title for activities Page 2243 TITLE 10—ARMED FORCES § 2815 authorized under subchapter IV of this chapter at Ford Island. (j) INAPPLICABILITY OF CERTAIN PROPERTY MANAGEMENT LAWS.—Except as otherwise pro- vided in this section, transactions under this section shall not be subject to the following: (1) Sections 2667 and 2696 of this title. (2) Section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411). (3) Subchapter II of chapter 5 and sections 541–555 of title 40. (k) SCORING.—Nothing in this section shall be construed to waive the applicability to any lease entered into under this section of the budget scorekeeping guidelines used to measure compli- ance with the Balanced Budget and Emergency Deficit Control Act of 1985. (l) PROPERTY SUPPORT SERVICE DEFINED.—In this section, the term ‘‘property support serv- ice’’ means the following: (1) Any utility service or other service listed in section 2686(a) of this title. (2) Any other service determined by the Sec- retary to be a service that supports the oper- ation and maintenance of real property, per- sonal property, or facilities. (Added Pub. L. 106–65, div. B, title XXVIII, § 2802(a)(1), Oct. 5, 1999, 113 Stat. 845; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(16)], Oct. 30, 2000, 114 Stat. 1654, 1654A–291; Pub. L. 107–107, div. A, title X, § 1048(d)(1), Dec. 28, 2001, 115 Stat. 1227; Pub. L. 107–217, § 3(b)(18), Aug. 21, 2002, 116 Stat. 1296; Pub. L. 111–383, div. B, title XXVIII, § 2803(c), Jan. 7, 2011, 124 Stat. 4459; Pub. L. 115–91, div. B, title XXVIII, § 2801(a)(11), Dec. 12, 2017, 131 Stat. 1842.) Editorial Notes REFERENCES IN TEXT The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (k), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, as amended, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed sec- tion 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables. AMENDMENTS 2017—Subsec. (g). Pub. L. 115–91 added subsec. (g) and struck out former subsec. (g) which set out notice and wait requirements for a transaction authorized by this section. 2011—Subsec. (g)(2). Pub. L. 111–383 inserted before pe- riod at end ‘‘or, if earlier, a period of 20 days has elapsed from the date on which a copy of the notifica- tion is provided in an electronic medium pursuant to section 480 of this title’’. 2002—Subsec. (j)(3). Pub. L. 107–217 substituted ‘‘Sub- chapter II of chapter 5 and sections 541–555 of title 40’’ for ‘‘Sections 202 and 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483, 484)’’. 2001—Subsec. (j)(2). Pub. L. 107–107 substituted ‘‘McKinney-Vento Homeless Assistance Act’’ for ‘‘Stewart B. McKinney Homeless Assistance Act’’. 2000—Subsec. (k). Pub. L. 106–398 inserted ‘‘and’’ after ‘‘Balanced Budget’’. § 2815. Military installation resilience projects (a) PROJECTS REQUIRED.—The Secretary of De- fense shall carry out military construction projects for military installation resilience, in accordance with section 2802 of this title (except as provided in subsections (d)(3) and (e)). (b) CONGRESSIONAL NOTIFICATION.—(1) When a decision is made to carry out a project under this section, the Secretary of Defense shall no- tify the congressional defense committees of that decision. (2) The Secretary of Defense shall include in each notification submitted under paragraph (1) the rationale for how the project would— (A) enhance military installation resilience; (B) enhance mission assurance; (C) support mission critical functions; and (D) address known vulnerabilities. (c) TIMING OF PROJECTS.—Except as provided in subsection (e)(2), a project may be carried out under this section only after the end of the 14- day period beginning on the date that notifica- tion with respect to that project under sub- section (b) is received by the congressional de- fense committees in an electronic medium pur- suant to section 480 of this title. (d) LOCATION OF PROJECTS.—Projects carried out pursuant to this section may be carried out— (1) on a military installation; (2) on a facility used by the Department of Defense that is owned and operated by a State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Is- lands, or the Virgin Islands, even if the facil- ity is not under the jurisdiction of the Depart- ment of Defense, if the Secretary of Defense determines that the facility is subject to sig- nificant use by the armed forces for testing or training; or (3) outside of a military installation or facil- ity described in paragraph (2) if the Secretary concerned determines that the project would preserve or enhance the resilience of— (A) a military installation; (B) a facility described in paragraph (2); or (C) community infrastructure determined by the Secretary concerned to be necessary to maintain, improve, or rapidly reestablish installation mission assurance and mission- essential functions. (e) ALTERNATIVE FUNDING SOURCE.—(1) In car- rying out a project under this section, the Sec- retary concerned may use amounts available for operation and maintenance for the military de- partment concerned if the Secretary concerned submits a notification to the congressional de- fense committees of the decision to carry out the project using such amounts and includes in the notification— (A) the current estimate of the cost of the project; (B) the source of funds for the project; and (C) a certification that deferral of the project for inclusion in the next Military Con- struction Authorization Act would be incon- sistent with national security or the protec- tion of health, safety, or environmental qual- ity, as the case may be.