Sec. 2810. AUTHORITY FOR INDO-PACIFIC POSTURE UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS
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## SEC. 2810 AUTHORITY FOR INDO-PACIFIC POSTURE UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS **[**[10 U.S.C. 2805 note](/us/usc/t10/s2805)**]** ###
(a)Authority To support the posture of the Armed Forces in the United States Indo-Pacific Command area of operations, the Commander of the United States Indo-Pacific Command (in this section referred to as the “Commander”) may carry out unspecified minor military construction projects not otherwise authorized by law with an approved cost less than $30,000,000. ###
(b)Scope of Project Authority A project carried out under this section may include— ####
(1)the design, construction, development, conversion, extension, renovation, or repair of a facility, whether to satisfy temporary or permanent requirements; and ####
(2)to the extent necessary, as either a stand-alone acquisition or as part of a minor military construction project, any acquisition of interests in land, or support or reimbursement for acquisition of interests in land, for establishment of a defense site or other area over which the Secretary of a military department or the Secretary of Defense will exercise operational control, without regard to the duration of the operational control. ###
(c)Purposes A project carried out under this section shall be for the purpose of— ####
(1)supporting the rotational deployments of the Armed Forces; ####
(2)enhancing facility preparedness and military installation resilience (as defined in section 101(e)(8) of title 10, United States Code) in support of potential, planned, or anticipated defense activities; ####
(3)providing for prepositioning and storage of equipment and supplies; or ####
(4)acquiring interests in land, defense sites, or operational control over an area needed to support another project or projects under this section or to support a future military construction project. ###
(d)Location of Projects A project carried out under this section must be located within the area of responsibility of the United States Indo-Pacific Command and at a military installation or planned military installation that includes a main operating base, cooperative security location, forward operating site, or contingency location for use by the Armed Forces. ###
(e)Available Amounts In carrying out a project under this section, the Commander may use amounts appropriated for— ####
(1)the INDOPACOM Military Construction Pilot Program fund (as specified in the funding table in section 4601); and ####
(2)operation and maintenance, not to exceed 200 percent of the amount specified in subsection
(c)of section 2805, United States Code4, subject to adjustment upward to reflect a construction cost index published pursuant to subsection
(f)of such section if such an index applies to the location of the project, except that the adjusted amount may not exceed the limit under subsection (a). 4So in law. Probably should read “section 2805 of title 10, United States Code”. See amendment made by section 2807(5) of division B of Public Law 118–159. ###
(f)Notice to Congress ####
(1)In general If the Commander decides to carry out a project under this section with a cost exceeding $2,000,000, the Commander shall submit a written notification to the congressional defense committees of that decision. ####
(2)Relevant details A notice under paragraph
(1)with respect to a project shall include relevant details and justification of the project, including the estimated cost, and may include a classified annex. ####
(3)Timing A project under this section covered by paragraph
(1)may not be carried out until the end of the 14-day period beginning on the date of receipt of the notification under such paragraph by the congressional defense committees. ###
(g)Project Execution ####
(1)Project supervision Subsections
(a)and
(b)of section 2851 of title 10, United States Code, shall not apply to projects carried out by the Commander under this section. ####
(2)Application of chapter 169 of title 10, united states code When exercising the authority under subsection (a), the Commander shall, for purposes of chapter 169 of title 10, United States Code, be considered the Secretary concerned. ###
(h)Annual Report Not later than December 31, 2024, and annually thereafter until the termination date in subsection (i), the Commander shall submit to the congressional defense committees a report containing a list of projects funded, lessons learned, and, subject to the concurrence of the Secretary of Defense, recommended adjustments to the authority under this section for the most recently ended fiscal year covered by the report. ###
(i)Termination The authority to carry out a project under this section expires on March 31, 2029.
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Sec. 2810
AUTHORITY FOR INDO-PACIFIC POSTURE UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS
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