10 U.S.C. § 2808
REFERENCES IN TEXTThe National Emergencies Act (et seq.), referred to in subsec. (a), is Pub. 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 of Title 50 and Tables.
PRIOR PROVISIONSProvisions similar to those in this section were contained in Pub. 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 Pub. L. 97-214, §7(18).
AMENDMENTS2021-Subsec. (a). Pub. L. 116-283, §2801(b), (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. (b). Pub. L. 116-283, §2801(b), added subsec. (b). Former subsec. (b) redesignated (e).Subsec. (c). Pub. L. 116-283, §2801(a)(2), added subsec. (c). Former subsec. (c) redesignated (f).Subsec. (d). Pub. L. 116-283, §2801(c), added subsec. (d). Subsec. (e). Pub. L. 116-283, §2801(a)(1), (d), (e) (2), redesignated subsec. (b) 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). Pub. L. 116-283, §2801(a)(1), (e) (3), redesignated subsec. (c) as (f) and inserted heading.2017-Subsec. (b). Pub. L. 115-91 inserted ", in an electronic medium pursuant to sectionof this title," after "shall notify".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATEFor effective date and applicability of section, see section 12(a) of Pub. L. 97-214 set out as a note under sectionof this title.
EXCEPTION FOR PANDEMIC MITIGATION AND RESPONSE PROJECTSPub. L. 116-283, div. B, title XXVIII, §2801(f), Jan. 1, 2021, 134 Stat. 4319, provided that: "Subsections (b), (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 ( 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.") 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
EXECUTIVE ORDER NO. 12734Ex. 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 sectionof Title 50, War and National Defense.
EX. ORD. NO. 13235. NATIONAL EMERGENCY CONSTRUCTION AUTHORITYEx. 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 ( Armed Forces of the United States, by Proclamation 7463 of September 14, 2001 [ 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 ( ), 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.et seq.), and section of title 3, United States Code, I declared a national emergency that requires the use of the
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- congressional defense committees
- The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.