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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2018 · Sec. 2801

Sec. 2801. ELIMINATION OF WRITTEN NOTICE REQUIREMENT FOR MILITARY CONSTRUCTION ACTIVITIES AND RELIANCE ON ELECTRONIC SUBMISSION OF NOTIFICATIONS AND REPORTS

2,570 words·~12 min read·/statute-compilations/comps-13932/sec-2801

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## SEC. 2801 ELIMINATION OF WRITTEN NOTICE REQUIREMENT FOR MILITARY CONSTRUCTION ACTIVITIES AND RELIANCE ON ELECTRONIC SUBMISSION OF NOTIFICATIONS AND REPORTS ###
(a)Military Construction Authorities Subchapter I of chapter 169 of title 10, United States Code, is amended as follows: ####
(1)Section 2803(b) is amended— #####
(A)by striking “in writing”; #####
(B)by striking “seven-day period” and inserting “five-day period”; and #####
(C)by striking “or, if earlier, the end of the seven-day period beginning on the date on which a copy of the notification is provided”. ####
(2)Section 2804(b) is amended— #####
(A)by striking “in writing”; #####
(B)by striking “14-day period” and inserting “seven-day period; and” #####
(C)by striking “or, if earlier, the end of the seven-day period beginning on the date on which a copy of the notification is provided”. ####
(3)Section 2805 is amended— #####
(A)in subsection (b)(2)— ######
(i)by striking “in writing”; ######
(ii)by striking “21-day period” and inserting “14-day period”; and ######
(iii)by striking “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided”; and #####
(B)in subsection (d)(3)— ######
(i)by striking “in writing”; ######
(ii)by striking “21-day period” and inserting “14-day period”; and ######
(iii)by striking “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided”. ####
(4)Section 2806(c) is amended— #####
(A)in paragraph (1), by inserting “of Defense” after “The Secretary”; and #####
(B)by striking “(A)” and all that follows through the end of the paragraph and inserting the following: “, only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress notice of the increase, including the reasons for the increase and the source of the funds to be used for the increase.”. ####
(5)Section 2807 is amended— #####
(A)in subsection (b)— ######
(i)by striking “21-day period” and inserting “14-day period”; and ######
(ii)by striking “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided”; and #####
(B)in subsection (c), by striking “(1)” and all that follows through the end of the subsection and inserting the following: “only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress notice of the need for the increase, including the source of funds to be used for the increase.”. ####
(6)Section 2808(b) is amended by inserting after “notify” the following: “, in an electronic medium pursuant to section 480 of this title,”. ####
(7)Section 2809 is amended by striking subsection
(f)and inserting the following new subsection: > > ### “(f) Notice and Wait Requirements > > The Secretary concerned may enter into a contract under this section only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a justification of the need for the facility covered by the proposed contract, including an economic analysis (based upon accepted life cycle costing procedures) which demonstrates that the proposed contract is cost effective when compared with alternative means of furnishing the same facility.” > . ####
(8)Section 2811(d) is amended by inserting after “submit” the following: “, in an electronic medium pursuant to section 480 of this title,”. ####
(9)Section 2812(c) is amended by striking paragraph
(1)and inserting the following new paragraph: > > #### “(1) > > The Secretary concerned may enter into a lease under this section only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a justification of the need for the facility covered by the proposed lease, including an economic analysis (based upon accepted life-cycle costing procedures) that demonstrates the cost effectiveness of the proposed lease compared with a military construction project for the same facility.” > . ####
(10)Section 2813(c) is amended— #####
(A)by striking “transmits to the appropriate committees of Congress a written notification” and inserting “notifies the appropriate committees of Congress”; #####
(B)by striking “21-day period” and inserting “14-day period”; and #####
(C)by striking “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided”. ####
(11)Section 2814 is amended by striking subsection
(g)and inserting the following: > > ### “(g) Notice and Wait Requirements > > The Secretary 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 appropriate committees of Congress notice of the transaction, including a detailed description of the transaction and a justification for the transaction specifying the manner in which the transaction will meet the purposes of this section.” > . ###
(b)Military Family Housing Activities Subchapter II of chapter 169 of title 10, United States Code, is amended as follows: ####
(1)Section 2825(b) is amended— #####
(A)by redesignating paragraphs (2), (3), and
(4)as paragraphs (3), (4), and (5), respectively; #####
(B)in paragraph (5), as redesignated— ######
(i)by striking “the first sentence of”; and ######
(ii)by striking “in that sentence” and inserting “in that paragraph”; and #####
(C)in paragraph (1)— ######
(i)in the second sentence, by striking “ The Secretary concerned may waive the limitations contained in the preceding sentence ” and inserting the following: > > #### “(2) > > The Secretary concerned may waive the limitations contained in paragraph (1)” > ; ######
(ii)in the third sentence, by striking “the Secretary transmits” and all that follows through the end of the sentence and inserting the following: “the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress notice of the proposed waiver, together with an economic analysis demonstrating that the improvement will be cost effective.”. ####
(2)Section 2827 is amended— #####
(A)in subsection (a), by inserting “Relocation Authority.—” after “(a)”; and #####
(B)by striking subsection
(b)and inserting the following new subsection: > > ### “(b) Notice and Wait Requirements > > A contract to carry out a relocation of military family housing units under subsection
(a)may be awarded only after the end of the 14-day period beginning on the date on which the Secretary concerned submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress notice of the proposed new locations of the housing units to be relocated and the estimated cost of and source of funds for the relocation.” > . ####
(3)Section 2828(f) is amended by striking “may not be made” and all that follows through the end of the subsection and inserting “may be made under this section only after the end of the 14-day period beginning on the date on which the Secretary concerned submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress notice of the facts concerning the proposed lease.”. ####
(4)Subsection
(e)of section 2831, as redesignated by section 1051(a)(21), is further amended by striking “until—” and all that follows through the end of the subsection and inserting the following: “until after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a justification of the need for the maintenance or repair project, including an estimate of the cost of the project.”. ####
(5)Section 2835 is amended by striking subsection
(g)and inserting the following new subsection: > > ### “(g) Notice and Wait Requirements > > A contract may be entered into for the lease of housing facilities under this section only after the end of the 14-day period beginning on the date on which the Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress an economic analysis (based upon accepted life cycle costing procedures) which demonstrates that the proposed contract is cost-effective when compared with alternative means of furnishing the same housing facilities.” > . ####
(6)Section 2835a(c) is amended by striking “until—” and all that follows through the end of the subsection and inserting the following: “until after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a notice of the intent to undertake the conversion.”. ###
(c)Administrative Provisions Subchapter III of chapter 169 of title 10, United States Code, is amended as follows: ####
(1)Section 2853(c) is amended— #####
(A)by striking “in writing” both places it appears; #####
(B)in paragraph (1)(B)— ######
(i)by striking “period of 21 days” and inserting “14-day period”; and ######
(ii)by striking “or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided”; and #####
(C)in paragraph (2), by inserting after “notifies” the following: “, using an electronic medium pursuant to section 480 of this title,”. ####
(2)Section 2854(b) is amended— #####
(A)by striking “in writing”; #####
(B)by striking “21-day period” and inserting “14-day period”; and #####
(C)by striking “or, if earlier, the end of the seven-day period beginning on the date on which a copy of the notification is provided”. ####
(3)Section 2854a is amended by striking subsection
(c)and inserting the following new subsection: > > ### “(c) Notice and Wait Requirements > > > ####
(1)> > The Secretary concerned may enter into an agreement to convey a family housing facility under this section only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a notice containing a justification for the conveyance under the agreement. > > > #### “(2) > > A notice under paragraph
(1)shall include— > > > ##### “(A) > > an estimate of the consideration to be provided the United States under the agreement; > > > ##### “(B) > > an estimate of the cost of repairing the family housing facility to be conveyed; and > > > ##### “(C) > > an estimate of the cost of replacing the family housing facility to be conveyed.” > . ####
(4)Section 2861(c) is amended— #####
(A)by striking “in writing”; #####
(B)by striking “21-day period” and inserting “14-day period”; and #####
(C)by striking “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided”. ####
(5)Section 2866(c)(2) is amended— #####
(A)by striking “21-day period” and inserting “14-day period”; and #####
(B)by striking “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided”. ####
(6)Section 2869(d)(3) is amended— #####
(A)in the first sentence, by striking “after a period of 21 days” and all that follows through the end of the sentence and inserting the following: “after the end of the 14-day period beginning on the date of the submission of the notice in an electronic medium pursuant to section 480 of this title.”; and #####
(B)in the second sentence, by striking “only after” and all that follows through the end of the sentence and inserting the following: “only after the end of the 45-day period beginning on the date of the submission of the notice in an electronic medium pursuant to section 480 of this title.” ###
(d)Alternative Authority for Acquisition and Improvement of Military Housing Subchapter IV of chapter 169 of title 10, United States Code, is amended as follows: ####
(1)Section 2881a(d)(2) is amended by inserting after “Congress” the following: “in an electronic medium pursuant to section 480 of this title”. ####
(2)Section 2883(f) is amended— #####
(A)by striking “30-day period” and inserting “14-day period”; #####
(B)by striking “written”; and #####
(C)by striking “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notice and justification is provided”. ####
(3)Section 2884(a) is amended by striking paragraph
(4)and inserting the following new paragraph: > > #### “(4) > > The report shall be submitted in an electronic medium pursuant to section 480 of this title not later than 21 days before the date on which the Secretary issues the contract solicitation or offers the conveyance or lease.” > . ####
(4)Section 2885 is amended— #####
(A)in subsection (a)(4)(B)— ######
(i)by inserting after “notify” the following: “, in an electronic medium pursuant to section 480 of this title,”; and ######
(ii)by striking “, and shall provide” and inserting “and include”; and #####
(B)in subsection (d), by inserting after “submit” the following: “, in an electronic medium pursuant to section 480 of this title,”. ###
(e)Energy Security Activities Chapter 173 of title 10, United States Code, is amended as follows: ####
(1)Section 2914(b)(1) is amended— #####
(A)by striking “in writing”; #####
(B)by striking “21-day period” and inserting “14-day period”; and #####
(C)by striking “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided”. ####
(2)Section 2916(c) is amended— #####
(A)by striking “in writing”; #####
(B)by striking “21-day period” and inserting “14-day period”; and #####
(C)by striking “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided”. ###
(f)Military Construction Carried Out Using Burden Sharing Contributions Section 2350j(e)(2) of title 10, United States Code, is amended— ####
(1)by striking “21-day period” and inserting “14-day period”; and ####
(2)by striking “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided”. ###
(g)Acquisition of Facilities for Reserve Components by Exchange Section 18240(f)(2) of title 10, United States Code, is amended— ####
(1)by striking “30-day period” and inserting “21-day period”; and ####
(2)by striking “or, if earlier, the end of the 21-day period beginning on the date on which a copy of the report is provided”.
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