10 U.S.C. § 2805: Unspecified minor construction

Within an amount equal to 125 percent of the amount authorized by law for such purpose, the Secretary concerned may carry out unspecified minor military construction projects not otherwise authorized by law. An unspecified minor military construction project is a military construction project, land acquisition, or demolition project that has an approved cost equal to or less than $9,000,000. Notwithstanding the requirements of this section, the Secretary concerned may use amounts authorized pursuant to another law or regulation to carry out a demolition project described in paragraph (2). An unspecified minor military construction project costing more than $750,000 may not be carried out under this section unless approved in advance by the Secretary concerned. 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. When a decision is made to carry out an unspecified minor military construction project to which paragraph (1) is applicable and which costs more than $6,000,000, the Secretary concerned shall submit, in an electronic medium pursuant to section 480 of this title , to the appropriate committees of Congress a notification of that decision not later than 90 days after the date on which the Secretary concerned obligates funds for the project. Such notification shall include a description of the project, a justification for the project, and an estimation of the total cost of the project. The Secretary concerned may spend from appropriations available for operation and maintenance amounts necessary to carry out an unspecified minor military construction project costing not more than $4,000,000. from appropriations available to the Secretary concerned for operation and maintenance, amounts necessary to carry out an unspecified minor military construction project costing not more than $9,000,000, notwithstanding subsection (c); or from appropriations available to the Secretary concerned for military construction not otherwise authorized by law or from funds authorized to be made available under section 4123(a) of this title , amounts necessary to carry out an unspecified minor military construction project costing not more than $9,000,000. 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 $9,000,000. If the Secretary concerned makes a decision to carry out an unspecified minor military construction project to which this subsection applies, the Secretary concerned shall notify the appropriate committees of Congress of that decision, of the justification for the project, and of the estimated cost of the project. The project may then be carried out only after the end of the 14-day period beginning on the date the notification is received by the committees in an electronic medium pursuant to section 480 of this title . a research, engineering, and development center; and a test and evaluation activity. Military family housing projects for construction of new housing units may not be carried out under the authority of this section. Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project, except that no limitation specified in this section may exceed $14,000,000 as the result of any adjustment made under this paragraph. Repealed. Pub. L. 118–31, div. B, title XXVIII, § 2803(2) , Dec. 22, 2023 , 137 Stat. 744 .] Repealed. Pub. L. 118–31, div. B, title XXVIII, § 2802(c)(2) , Dec. 22, 2023 , 137 Stat. 743 .] 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. the design, construction, development, conversion, extension, renovation, or repair of a facility, whether to satisfy temporary or permanent requirements; and 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. supporting the rotational deployments of the Armed Forces; 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; providing for prepositioning and storage of equipment and supplies; or 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. 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. the INDOPACOM Military Construction Pilot Program fund (as specified in the funding table in section 4601 [ Pub. L. 118–31 , 137 Stat. 901 ]); and operation and maintenance, not to exceed 200 percent of the amount specified in subsection (c) of section 2805, United States Code, 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). 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. 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. 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. 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. 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. 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. The authority to carry out a project under this section expires on March 31, 2029 .” 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 (b) and other applicable law to improve Department of Defense laboratories covered by the program. 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; the amount provided in subsection (b)(1) of such section shall be deemed to be $1,500,000; and the amount provided in subsection (c)(1)(B) of such section shall be deemed to be $1,000,000. 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. The laboratories at which construction may be carried out under the program may not include Department of Defense laboratories that are contractor-owned. 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 (b) permanent. 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. a research, engineering, and development center; a test and evaluation activity owned, funded, and operated by the Federal Government through the Department of Defense; and a supporting facility of a laboratory. 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. The Secretary may not commence a construction project under the program after September 30, 2005 .”