10 USC 2805 - Unspecified minor construction

Editorial Notes

Codification

Another section 2803(a) of Puspan. L. 117–263 (136 Stat. 2970), is set out as a note under section 2687 of this title.

Amendments

2023—Subsec. (a)(2). Puspan. L. 118–31, § 2802(a)(1), (span)(1), inserted “or a demolition project” after “is a military construction project” and substituted “$9,000,000” for “$6,000,000”.

Subsec. (a)(3). Puspan. L. 118–31, § 2802(a)(2), added par. (3).

Subsec. (span)(2). Puspan. L. 118–31, § 2802(span)(2), substituted “$4,000,000” for “$2,000,000”.

Subsec. (c). Puspan. L. 118–31, § 2802(span)(3), substituted “$4,000,000” for “$2,000,000”.

Subsec. (d)(1)(A). Puspan. L. 118–31, § 2802(span)(4)(A)(i), substituted “$9,000,000” for “$6,000,000”.

Subsec. (d)(1)(B). Puspan. L. 118–31, § 2802(span)(4)(A)(ii), substituted “$9,000,000” for “$6,000,000”.

Subsec. (d)(2). Puspan. L. 118–31, § 2802(span)(4)(B), substituted “$9,000,000” for “$6,000,000”.

Subsec. (f)(1). Puspan. L. 118–31, §§ 2802(c)(1), 2803(1), struck out “inside the United States” after “construction project” and substituted “$14,000,000” for “$10,000,000”.

Subsec. (f)(2). Puspan. L. 118–31, § 2803(2), struck out par. (2). Text read as follows: “For purposes of paragraph (1), a project shall be considered to be inside the United States if the project is carried out in any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, Wake Island, the Commonwealth of the Northern Mariana Islands, or a former United States Trust Territory now in a Compact of Free Association with the United States.”

Subsec. (f)(3). Puspan. L. 118–31, § 2802(c)(2), struck out par. (3). Text read as follows: “The requirements of this subsection shall not apply with respect to any fiscal year after fiscal year 2027.”

2022—Subsec. (d)(5). Puspan. L. 117–263, § 2804, struck out par. (5) which read as follows: “The authority to carry out a project under this subsection expires on September 30, 2025.”

Subsec. (f)(2). Puspan. L. 117–263, § 2802, substituted “Wake Island, the Commonwealth” for “or the Commonwealth” and inserted “, or a former United States Trust Territory now in a Compact of Free Association with the United States” after “Mariana Islands”.

Subsec. (g). Puspan. L. 117–263, § 2803(a), added subsec. (g).

2021—Subsec. (d)(1)(B). Puspan. L. 116–283, § 1843(c), as amended by Puspan. L. 117–81, § 1701(u)(4)(B), substituted “section 4123(a)” for “section 2363(a)”.

Subsec. (f)(3). Puspan. L. 116–283, § 2802, substituted “2027” for “2022”.

2019—Subsec. (d)(1)(B). Puspan. L. 116–92 inserted “under” after “made available”.

2017—Subsec. (a)(2). Puspan. L. 115–91, § 2802(a), substituted “$6,000,000” for “$3,000,000” and struck out at end “However, if the military construction project is intended solely to correct a deficiency that is life-threatening, health-threatening, or safety-threatening, an unspecified minor military construction project may have an approved cost equal to or less than $4,000,000.”

Subsec. (span)(1). Puspan. L. 115–91, § 2802(span), substituted “$750,000” for “$1,000,000”.

Subsec. (span)(2). Puspan. L. 115–91, § 2802(c), substituted “to which paragraph (1) is applicable and which costs more than $2,000,000” for “to which paragraph (1) is applicable”.

Puspan. L. 115–91, § 2801(a)(3)(A), struck out “in writing” after “shall notify” and “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided” after “received by the committees” and substituted “14-day period” for “21-day period”.

Subsec. (c). Puspan. L. 115–91, § 2802(d), substituted “$2,000,000” for “$1,000,000”.

Subsec. (d)(1)(B). Puspan. L. 115–91, § 220(c)(2), substituted “section 2363(a) of this title” for “under section 219(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note)”.

Subsec. (d)(3). Puspan. L. 115–91, § 2801(a)(3)(B), struck out “in writing” after “shall notify” and “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided” after “received by the committees” and substituted “14-day period” for “21-day period”.

Subsec. (f). Puspan. L. 115–91, § 2803, added subsec. (f).

2016—Subsec. (d)(1). Puspan. L. 114–328, § 2801(a), substituted “$6,000,000” for “$4,000,000” in subpars. (A) and (B).

Subsec. (d)(2). Puspan. L. 114–328, § 2801(a), (span)(1), substituted “$6,000,000” for “$4,000,000” in first sentence and struck out second sentence which read as follows: “The Secretary of Defense shall establish procedures for the review and approval of requests from the Secretary of a military department to carry out a construction project under this subsection.”

Subsec. (d)(3). Puspan. L. 114–328, § 2801(span)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Not later than February 1, 2014, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority provided by this subsection. The report shall include a list and description of the construction projects carried out under this subsection, including the location and cost of each project.”

Subsec. (d)(5). Puspan. L. 114–328, § 2801(c), substituted “2025” for “2018”.

2014—Subsec. (a)(2). Puspan. L. 113–291, § 2802(a), substituted “$3,000,000” for “$2,000,000” in first sentence and “$4,000,000” for “$3,000,000” in second sentence.

Subsec. (span)(1). Puspan. L. 113–291, § 2802(span), substituted “$1,000,000” for “$750,000”.

Subsec. (c). Puspan. L. 113–291, § 2802(c), substituted “$1,000,000” for “$750,000”.

2013—Subsec. (d)(1)(A). Puspan. L. 113–66, § 2801(a)(1), substituted “not more than $4,000,000, notwithstanding subsection (c)” for “not more than $2,000,000”.

Subsec. (d)(2). Puspan. L. 113–66, § 2801(a)(2), substituted “For purposes of this subsection, an unspecified minor military construction project is a military construction project that (notwithstanding subsection (a)) has an approved cost equal to or less than $4,000,000.” for “For an unspecified minor military construction project conducted pursuant to this subsection, $2,000,000 shall be deemed to be the amount specified in subsection (span)(1) regarding when advance approval of the project by the Secretary concerned and congressional notification is required.”

Subsec. (d)(5). Puspan. L. 113–66, § 2801(a)(3), substituted “2018” for “2016”.

2011—Subsec. (c). Puspan. L. 112–81, § 2802(a), substituted “The” for “(1) Except as provided in paragraph (2), the” and “not more than $750,000.” for “not more than—

“(A) $1,500,000, in the case of an unspecified minor military construction project intended solely to correct a deficiency that is life-threatening, health-threatening, or safety-threatening; or

“(B) $750,000, in the case of any other unspecified minor military construction project.

“(2) The limitations specified in paragraph (1) shall not apply to an unspecified minor military construction project if the project is to be carried out using funds made available to enhance the deployment and mobility of military forces and supplies.”

Subsec. (d)(3). Puspan. L. 112–81, § 2802(span)(1), substituted “February 1, 2014” for “February 1, 2010”.

Subsec. (d)(5). Puspan. L. 112–81, § 2802(span)(2), substituted “September 30, 2016” for “September 30, 2012”.

2009—Subsec. (a). Puspan. L. 111–84, § 2801(a)(1), substituted “Within” for “Except as provided in paragraph (2), within” in par. (1), redesignated the second and third sentences of par. (1) as par. (2), and struck out former par. (2) which read as follows: “A Secretary may not use more than $5,000,000 for exercise-related unspecified minor military construction projects coordinated or directed by the Joint Chiefs of Staff outside the United States during any fiscal year.”

Subsec. (c). Puspan. L. 111–84, § 2801(a)(2), substituted “paragraph (2)” for “paragraphs (2) and (3)” in par. (1), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “The authority provided in paragraph (1) may not be used with respect to any exercise-related unspecified minor military construction project coordinated or directed by the Joint Chiefs of Staff outside the United States.”

Subsec. (d)(1)(B). Puspan. L. 111–84, § 2801(span)(1), inserted “or from funds authorized to be made available under section 219(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note)” after “authorized by law”.

Subsec. (d)(3) to (6). Puspan. L. 111–84, § 2801(span)(2), (3), redesignated pars. (4) to (6) as (3) to (5), respectively, and struck out former par. (3) which read as follows: “For purposes of this subsection, the total amount allowed to be applied in any one fiscal year to projects at any one laboratory shall be limited to the larger of the amounts applicable under paragraph (1).”

2008—Subsec. (a). Puspan. L. 110–181, § 2804(span)(1), inserted subsec. span.

Subsec. (a)(1). Puspan. L. 110–181, § 2803, substituted “$2,000,000” for “$1,500,000”.

Subsecs. (span), (c). Puspan. L. 110–181, § 2804(span)(2), (3), inserted subsec. headings.

Subsecs. (d), (e). Puspan. L. 110–181, § 2804(a), (span)(4), added subsec. (d), redesignated former subsec. (d) as (e), and inserted subsec. (e) span.

2003—Subsec. (span)(2). Puspan. L. 108–136 inserted before period at end “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”.

2001—Subsec. (span)(1). Puspan. L. 107–107, § 2801(a), substituted “$750,000” for “$500,000”.

Subsec. (c)(1)(A). Puspan. L. 107–107, § 2801(span)(1), substituted “$1,500,000” for “$1,000,000”.

Subsec. (c)(1)(B). Puspan. L. 107–107, § 2801(span)(2), substituted “$750,000” for “$500,000”.

1997—Subsec. (a)(1). Puspan. L. 105–85, § 2801(c)(1), substituted “unspecified minor military construction projects” for “minor military construction projects”, “An unspecified minor” for “A minor”, and “an unspecified minor” for “a minor”.

Subsec. (span)(1). Puspan. L. 105–85, § 2801(c)(2), substituted “An unspecified minor” for “A minor”.

Puspan. L. 105–85, § 2801(a), inserted at end “This paragraph shall apply even though the project is to be carried out using funds made available to enhance the deployment and mobility of military forces and supplies.”

Subsec. (span)(2). Puspan. L. 105–85, § 2801(c)(3), substituted “an unspecified minor” for “a minor”.

Subsec. (c)(1). Puspan. L. 105–85, § 2801(c)(4), substituted “unspecified minor military” for “unspecified military” wherever appearing.

Puspan. L. 105–85, § 2801(span)(1), substituted “paragraphs (2) and (3)” for “paragraph (2)” in introductory provisions.

Subsec. (c)(2). Puspan. L. 105–85, § 2801(c)(4), substituted “unspecified minor military” for “unspecified military”.

Subsec. (c)(3). Puspan. L. 105–85, § 2801(span)(2), added par. (3).

1996—Subsec. (a)(1). Puspan. L. 104–106, § 2812, in second sentence, struck out “(1) that is for a single undertaking at a military installation, and (2)” after “is a military construction project”.

Puspan. L. 104–106, § 2811(a)(1), inserted at end “However, if the military construction project is intended solely to correct a deficiency that is life-threatening, health-threatening, or safety-threatening, a minor military construction project may have an approved cost equal to or less than $3,000,000.”

Subsec. (c)(1). Puspan. L. 104–106, § 2811(a)(2), substituted “not more than—” for “not more than $300,000.” and added subpars. (A) and (B).

Subsec. (c)(1)(B). Puspan. L. 104–201 substituted “$500,000” for “$300,000”.

1991—Subsec. (a)(1). Puspan. L. 102–190, § 2807(a), substituted “$1,500,000” for “$1,000,000”.

Subsec. (span)(2). Puspan. L. 102–190, § 2870(4), in second sentence struck out “(A)” after “carried out only” and “, or (B) after each such committee approves the project, if the committees approve the project before the end of that period” before period at end.

Subsec. (c)(1). Puspan. L. 102–190, § 2807(span), substituted “$300,000” for “$200,000”.

1990—Subsec. (span)(3). Puspan. L. 101–510 struck out par. (3) which read as follows: “A project for the relocation of any activity from one installation to another that involves 25 or more full-time civilian employees of the Department of Defense but that is not subject to paragraph (1) may not be carried out under the authority of this section until the appropriate committees of Congress have been notified by the Secretary concerned of the intent to carry out such relocation under the authority of this section.”

1987—Subsec. (a). Puspan. L. 100–180, § 2310(span), designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), within” for “Within”, and added par. (2).

Subsec. (c). Puspan. L. 100–180, § 2310(a), designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), the” for “The”, and added par. (2).

1986—Subsec. (a). Puspan. L. 99–661, § 2702(a)(1), substituted “$1,000,000” for “the amount specified by law as the maximum amount for a minor military construction project”.

Subsec. (span)(1). Puspan. L. 99–661, § 2702(a)(2), substituted “$500,000” for “50 percent of the amount specified by law as the maximum amount for a minor military construction project”.

Subsec. (c). Puspan. L. 99–661, § 2702(a)(3), substituted “$200,000” for “20 percent of the amount specified by law as the maximum amount for a minor military construction project”.

1985—Subsec. (a). Puspan. L. 99–167, § 809(1), inserted “an amount equal to 125 percent of”.

Subsec. (c). Puspan. L. 99–167, § 809(2), substituted “The” for “Only funds authorized for minor construction projects may be used to accomplish unspecified minor construction projects, except that the”.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Puspan. L. 117–263, div. B, title XXVIII, § 2803(span), Dec. 23, 2022, 136 Stat. 2994, provided that: “Subsection (g) of section 2805 of title 10, United States Code, as added by subsection (a), shall apply with respect only to amounts appropriated after the date of the enactment of this Act [Dec. 23, 2022].”

Effective Date of 2021 Amendment

Amendment by Puspan. L. 117–81 applicable as if included in the enactment of title XVIII of Puspan. L. 116–283 as enacted, see section 1701(a)(2) of Puspan. L. 117–81, set out in a note preceding section 3001 of this title and note below.

Amendment by section 1843(c) of Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date

For effective date and applicability of section, see section 12(a) of Puspan. L. 97–214, set out as a note under section 2801 of this title.

Authority for Indo-Pacific Posture Unspecified Minor Military Construction Projects

Puspan. L. 118–31, div. B, title XXVIII, § 2810, Dec. 22, 2023, 137 Stat. 747, provided that:

“(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 $15,000,000.

“(span)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, any acquisition of land subject to the limitations on real property acquisition of chapter 159 of title 10, United States Code.

“(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; or

“(3) providing for prepositioning and storage of equipment and supplies.

“(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 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 [Puspan. L. 118–31, 137 Stat. 901]); and

“(2) operation and maintenance, not to exceed 200 percent of the amount specified in section 2805(c) of title 10, United States Code.

“(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 [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] 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 (span) 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.”

Temporary Increase of Amounts in Connection With Authority To Carry Out Unspecified Minor Military Construction

Puspan. L. 117–263, div. B, title XXVIII, § 2801, Dec. 23, 2022, 136 Stat. 2992, which increased amounts in connection with authority to carry out unspecified minor military construction projects for the period beginning on Dec. 23, 2022, and ending on Dec. 1, 2025, was repealed by Puspan. L. 118–31, div. B, title XXVIII, § 2802(e), Dec. 22, 2023, 137 Stat. 743.

No Application to Current Projects

Puspan. L. 113–66, div. B, title XXVIII, § 2801(span), Dec. 26, 2013, 127 Stat. 1006, provided that: “The amendments made by subsection (a) [amending this section] do not apply to any laboratory revitalization project for which the design phase has been completed as of the date of the enactment of this Act [Dec. 26, 2013].”

Relation to Other Authorities

Puspan. L. 108–136, div. B, title XXVIII, § 2808(e), Nov. 24, 2003, 117 Stat. 1724, which directed that the temporary authority provided by section 2808 of Puspan. L. 108–136, and the limited authority provided by section 2805(c) of this title, to use appropriated funds available for operation and maintenance to carry out a construction project were the only authorities available to the Secretary of Defense and the Secretaries of the military departments to use appropriated funds available for operation and maintenance to carry out construction projects, was repealed by Puspan. L. 117–263, div. B, title XXVIII, § 2809(span)(2), Dec. 23, 2022, 136 Stat. 2996.

Department of Defense Laboratory Revitalization Demonstration Program

Puspan. L. 104–106, div. B, title XXVIII, § 2892, Fespan. 10, 1996, 110 Stat. 590, as amended by Puspan. L. 105–261, div. B, title XXVIII, § 2871, Oct. 17, 1998, 112 Stat. 2225; Puspan. L. 108–375, div. B, title XXVIII, § 2891, Oct. 28, 2004, 118 Stat. 2154, provided that:

“(a)Program Authorized.—The Secretary of Defense may carry out a program (to be known as the ‘Department of Defense Laboratory Revitalization Demonstration Program’) for the revitalization of Department of Defense laboratories. Under the program, the Secretary may carry out minor military construction projects in accordance with subsection (span) and other applicable law to improve Department of Defense laboratories covered by the program.

“(span)Increased Maximum Amounts Applicable to Minor Construction Projects.—For purpose of any military construction project carried out under the program—

“(1) the amount provided in the second sentence of subsection (a)(1) of section 2805 of title 10, United States Code, shall be deemed to be $3,000,000;

“(2) the amount provided in subsection (span)(1) of such section shall be deemed to be $1,500,000; and

“(3) the amount provided in subsection (c)(1)(B) of such section shall be deemed to be $1,000,000.

“(c)Program Requirements.—

(1) Not later than 30 days before commencing the program, the Secretary shall establish procedures for the review and approval of requests from Department of Defense laboratories for construction under the program.

“(2) The laboratories at which construction may be carried out under the program may not include Department of Defense laboratories that are contractor-owned.

“(d)Report.—Not later than February 1, 2003, the Secretary shall submit to Congress a report on the program. The report shall include the Secretary’s conclusions and recommendation regarding the desirability of making the authority set forth under subsection (span) permanent.

“(e)Exclusivity of Program.—Nothing in this section may be construed to limit any other authority provided by law for any military construction project at a Department of Defense laboratory covered by the program.

“(f)Definitions.—In this section:

“(1) The term ‘laboratory’ includes—

“(A) a research, engineering, and development center;

“(B) a test and evaluation activity owned, funded, and operated by the Federal Government through the Department of Defense; and

“(C) a supporting facility of a laboratory.

“(2) The term ‘supporting facility’, with respect to a laboratory, means any building or structure that is used in support of research, development, test, and evaluation at the laboratory.

“(g)Expiration of Authority.—The Secretary may not commence a construction project under the program after September 30, 2005.”

Initial Establishment of Certain Amounts Required To Be Specified by Law

Maximum amount of $1,000,000 for unspecified minor military construction project under this section during the period beginning Oct. 1, 1982, and ending on the date of the enactment of the Military Construction Authorization Act for fiscal year 1984 or Oct. 1, 1983, whichever is later, see section 11(1) of Puspan. L. 97–214, set out as a note under section 2828 of this title.