Prior Provisions
A 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.
Amendments
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.
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.”