10 U.S.C. § 2688
1See References in Text note below.
10 U.S.C. § 2688
EDITORIAL NOTES
REFERENCES IN TEXTSection 2925(a) of this title, referred to in subsec. (g)(4), was struck out, and a new subsec. (a) of section 2925 of this title relating to annual reports on energy performance, resilience, and readiness of Department of Defense was added, by Pub. L. 117-263, div. A, title III, §314(b)(1)(B), Dec. 23, 2022, 136 Stat. 2504.
PRIOR PROVISIONSA prior section 2688, added Pub. L. 96-125, title VIII, §804(a)(1), Nov. 26, 1979, 93 Stat. 948; amended Pub. L. 96-418, title VIII, §804, Oct. 10, 1980, 94 Stat. 1777; Pub. L. 97-22, §11(a)(9), July 10, 1981, 95 Stat. 138; Pub. L. 97-99, title IX, §901, Dec. 23, 1981, 95 Stat. 1381, related to use of solar energy systems in new facilities, prior to repeal by Pub. L. 97-214, §§7(1), 12(a), July 12, 1982, 96 Stat. 173, 176, effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date. See section 2915 of this title.
AMENDMENTS2023-Subsec. (k). Pub. L. 118-31 amended subsec. (k) generally. Prior to amendment, text read as follows: "In the case of a utility system that is conveyed under this section and that only provides utility services to a military installation, the Secretary concerned may use amounts authorized to be appropriated for military construction to improve the reliability, resilience, efficiency, physical security, or cybersecurity of the utility system."2021-Subsec. (b)(2). Pub. L. 116-283, §1883(b)(2), substituted "subsections (a), (b), (d), and (e) of section 3204" for "subsections (c) through (f) of section 2304". Subsec. (d)(2). Pub. L. 116-283, §2824, substituted "The Secretary concerned" for "The Secretary of Defense, or the designee of the Secretary," and "if the Secretary concerned" for "if the Secretary". Pub. L. 116-283, §2823(a), inserted "or the renewal of such a contract" after "paragraph (1)", substituted "the contract or contract renewal." for "the contract.", and inserted at end "A renewal of a contract pursuant to this paragraph may be entered into only within the last five years of the existing contract term."2019-Subsecs. (k), (l). Pub. L. 116-92 added subsec. (k) and redesignated former subsec. (k) as (l).2018-Subsec. (d)(2). Pub. L. 115-232, §312(e)(1), inserted at end "The business case analysis must also demonstrate how a privatized system will operate in a manner consistent with subsection (g)(3)."Subsec. (g)(3). Pub. L. 115-232, §312(e)(2), substituted "shall require" for "may require" and "consistent with energy resilience and cybersecurity requirements and associated metrics" for "consistent with energy resilience requirements and metrics". 2017-Subsec. (g)(3), (4). Pub. L. 115-91 added pars. (3) and (4).2015-Subsec. (j). Pub. L. 114-92, §2813(1), substituted "Conveyance of Additional" for "Construction of" in heading.Subsec. (j)(1). Pub. L. 114-92, §2813(2), redesignated subpar. (B) as (A) and substituted "utility system or operation of the additional utility infrastructure by the utility or entity would be in the best interest of the Government; and" for "utility system;", redesignated subpar. (D) as (B) and substituted "amount for" for "amount equal to the fair market value of", and struck out former subpars. (A) and (C) which read as follows:"(A) the additional utility infrastructure was constructed or installed after the date of the conveyance of the utility system;"(C) the additional utility infrastructure was planned and coordinated with the entity operating the conveyed utility system; and".2013-Subsec. (d)(2). Pub. L. 113-66 inserted at end "The determination of cost effectiveness shall be made using a business case analysis that includes an independent estimate of the level of investment that should be required to maintain adequate operation of the utility system over the proposed term of the contract." 2011-Subsec. (a). Pub. L. 112-81, §1061 (21)(A), struck out par. (1) designation before "The Secretary of a military department" and struck out pars. (2) and (3) which related to conditions for entry into a contract to convey all or part of a utility system and conditions under which the Secretary concerned could not reconsider conversion to contractor operation under section 2461 of this title for a five-year period, respectively.Subsec. (d)(2). Pub. L. 112-81, §1061 (21)(B), struck out at end "The economic analysis submitted to the congressional defense committees under subsection (a)(2) for the conveyance of the utility system, or part thereof, with regard to which the utility services contract will be entered into by the Secretary concerned shall include the determination required by this paragraph, an explanation of the need for the longer term contract, and a comparison of costs between a 10-year contract and the longer-term contract."Subsec. (f). Pub. L. 112-81, §1061 (21)(C), struck out subsec. (f). Prior to amendment, text read as follows: "Not later than 30 days after the end of each quarter of a fiscal year, the Secretary shall submit to the congressional defense committees a report on the conveyances made under subsection (a) during such fiscal quarter."Subsec. (h). Pub. L. 112-81, §1061 (21)(D), struck out at end "The Secretary concerned shall consider any such contribution in the economic analysis required under subsection (a)(2)." 2009-Subsec. (a)(2)(A)(ii). Pub. L. 111-84, §2821(a), substituted "system by 10 percent of the long-term cost for provision of those utility services in the agency tender; and" for "system; and".Subsec. (a)(3). Pub. L. 111-84, §2821(b), added par. (3).2008-Subsecs. (j), (k). Pub. L. 110-417 added subsec. (j) and redesignated former subsec. (j) as (k). 2006-Subsec. (a). Pub. L. 109-163, §2823(a), designated existing provisions as par. (1) and added par. (2). Subsec. (c)(1). Pub. L. 109-163, §2823(b), substituted "may require" for "shall require" in introductory provisions. Subsec. (c)(3). Pub. L. 109-163, §2823(c)(2), redesignated subsec. (c)(3) as (d).Subsec. (d). Pub. L. 109-163, §2823(c)(2), redesignated subsec. (c)(3) as (d), substituted "CONTRACTS FOR UTILITY SERVICES.-(1) Except as provided in paragraph (2), a contract" for "A contract", "subsection (c)" for "paragraph (1)", and "10 years" for "50 years", and added par. (2). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 109-163, §2823(c)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).Subsec. (f). Pub. L. 109-163, §2823(d)(1), struck out at end "The report shall include, for each such conveyance, an economic analysis (based upon accepted life-cycle costing procedures approved by the Secretary of Defense) demonstrating that-"(1) the long-term economic benefit of the conveyance to the United States exceeds the long-term economic cost of the conveyance to the United States; and"(2) the conveyance will reduce the long-term costs of the United States for utility services provided by the utility system concerned." Pub. L. 109-163, §2823(c)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 109-163, §2823(c)(1), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).Subsec. (h). Pub. L. 109-163, §2823(d)(2), substituted "subsection (a)(2)" for "subsection (e)". Pub. L. 109-163, §2823(c)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i). Subsecs. (i), (j). Pub. L. 109-163, §2823(c)(1), redesignated subsecs. (h) and (i) as (i) and (j), respectively. 2003-Subsec. (e). Pub. L. 108-136 amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "The Secretary concerned may not make a conveyance under subsection (a) until-"(1) the Secretary submits to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives an economic analysis (based upon accepted life-cycle costing procedures approved by the Secretary of Defense) demonstrating that- "(A) the long-term economic benefit of the conveyance to the United States exceeds the long-term economic cost of the conveyance to the United States; and"(B) the conveyance will reduce the long-term costs of the United States for utility services provided by the utility system concerned; and"(2) a period of 21 days has elapsed after the date on which the economic analysis is received by the committees." 2000-Subsec. (b). Pub. L. 106-398, §1[div. B, title XXVIII, §2813(a)], designated existing provisions as par. (1) and added pars. (2) and (3).Subsec. (f). Pub. L. 106-398, §1[div. B, title XXVIII, §2813(b)], designated existing provisions as par. (1) and added par. (2).Subsecs. (h) to (j). Pub. L. 106-398, §1[[div. A], title X, §1087(a)(15)], redesignated subsecs. (i) and (j) as (h) and (i), respectively.1999-Subsec. (c)(3). Pub. L. 106-65, §2812(a), added par. (3). Subsec. (e)(1). Pub. L. 106-65, §1067(1), substituted "and the Committee on Armed Services" for "and the Committee on National Security" in introductory provisions.Subsec. (g). Pub. L. 106-65, §2812(c)(2), added subsec. (g). Former subsec. (g) redesignated (i).Subsec. (g)(2)(B). Pub. L. 106-65, §2812(b), substituted "Real property, easements," for "Easements". Subsecs. (h) to (j). Pub. L. 106-65, §2812(c)(1), redesignated subsecs. (g) and (h) as (i) and (j), respectively.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 1883(b)(2) of Pub. L. 116-283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116-283, set out as a note preceding section 3001 of this title.
SENSE OF CONGRESS REGARDING INCLUSION OF STORMWATER SYSTEMS AND COMPONENTS WITHIN THE MEANING OF "WASTEWATER SYSTEM" UNDER THE DEPARTMENT OF DEFENSE AUTHORITY FOR CONVEYANCE OF UTILITY SYSTEMS Pub. L. 114-328, div. B, title XXVIII, §2813, Dec. 23, 2016, 130 Stat. 2717, provided that: "It is the sense of Congress that the reference to a system for the collection or treatment of wastewater in the definition of 'utility system' in section 2688 of title 10, United States Code, which authorizes the Department of Defense to convey utility systems, includes stormwater systems and components."
- includes
- "includes" means "includes but is not limited to"; and
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- 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.