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

(a)

Authority to Carry Out Unspecified Minor Military Construction Projects .—

(1)

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.

(2)

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.

(3)

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).

(b)

Approval and Congressional Notification .—

(1)

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.

(2)

section 480 of this title 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 , 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.

(c)

Use of Operation and Maintenance Funds .—

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.

(d)

Laboratory Revitalization .—

(1)

For the revitalization and recapitalization of laboratories owned by the United States and under the jurisdiction of the Secretary concerned, the Secretary concerned may obligate and expend—

(A)

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

(B)

section 4123(a) of this title from appropriations available to the Secretary concerned for military construction not otherwise authorized by law or from funds authorized to be made available under , amounts necessary to carry out an unspecified minor military construction project costing not more than $9,000,000.

(2)

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.

(3)

section 480 of this title 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 .

(4)

In this subsection, the term “laboratory” includes—

(A)

a research, engineering, and development center; and

(B)

a test and evaluation activity.

(e)

Prohibition on Use for New Housing Units .—

Military family housing projects for construction of new housing units may not be carried out under the authority of this section.

(f)

Adjustment of Dollar Limitations for Location.—

(1)

Adjustment of limitations .—

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.

[(2)

Pub. L. 118–31, div. B, title XXVIII, § 2803(2)Dec. 22, 2023137 Stat. 744 Repealed. , , .]

[(3)

Pub. L. 118–31, div. B, title XXVIII, § 2802(c)(2)Dec. 22, 2023137 Stat. 743 Repealed. , , .]

Editorial Notes

Codification

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

Amendments

Pub. L. 119–60, § 2872(a)2025—Subsec. (b)(2). , substituted “$6,000,000” for “$4,000,000”.

Pub. L. 119–60, § 2871 section 480 of this title section 480 of this title, substituted “shall submit, in an electronic medium pursuant to , 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.” for “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 .”.

Pub. L. 119–60, § 2873 section 2810(f) of this titleSubsec. (g). , redesignated subsec. (g) as .

Pub. L. 118–159, § 2804(a)2024—Subsec. (a)(2). , substituted “, land acquisition, or demolition project” for “or a demolition project”.

Pub. L. 118–159, § 2805Subsec. (g)(6)(B). , substituted “$4,000,000” for “$1,000,000”.

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

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

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

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

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

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

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

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

Pub. L. 118–31, § 2803(2)Subsec. (f)(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.”

Pub. L. 118–31, § 2802(c)(2)Subsec. (f)(3). , 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.”

Pub. L. 117–263, § 2804September 30, 20252022—Subsec. (d)(5). , struck out par. (5) which read as follows: “The authority to carry out a project under this subsection expires on .”

Pub. L. 117–263, § 2802Subsec. (f)(2). , 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”.

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

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

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

Pub. L. 116–922019—Subsec. (d)(1)(B). inserted “under” after “made available”.

Pub. L. 115–91, § 2802(a)2017—Subsec. (a)(2). , 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.”

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

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

Pub. 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”.

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

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

Pub. L. 115–91, § 2801(a)(3)(B)Subsec. (d)(3). , 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”.

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

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

Pub. L. 114–328, § 2801(a)Subsec. (d)(2). , (b)(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.”

Pub. L. 114–328, § 2801(b)(2)February 1, 2014Subsec. (d)(3). , amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Not later than , 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.”

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

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

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

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

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

Pub. L. 113–66, § 2801(a)(2)Subsec. (d)(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 (b)(1) regarding when advance approval of the project by the Secretary concerned and congressional notification is required.”

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

Pub. L. 112–81, § 2802(a)2011—Subsec. (c). , 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.”

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

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

Pub. L. 111–84, § 2801(a)(1)2009—Subsec. (a). , 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.”

Pub. L. 111–84, § 2801(a)(2)Subsec. (c). , 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.”

Pub. L. 111–84, § 2801(b)(1)Public Law 110–417 10 U.S.C. 2358Subsec. (d)(1)(B). , 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 (; note)” after “authorized by law”.

Pub. L. 111–84, § 2801(b)(2)Subsec. (d)(3) to (6). , (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).”

Pub. L. 110–181, § 2804(b)(1)2008—Subsec. (a). , inserted subsec. heading.

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

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

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

Pub. L. 108–136 section 480 of this title2003—Subsec. (b)(2). 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 ”.

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

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

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

Pub. L. 105–85, § 2801(c)(1)1997—Subsec. (a)(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”.

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

Pub. 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.”

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

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

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

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

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

Pub. L. 104–106, § 28121996—Subsec. (a)(1). , in second sentence, struck out “(1) that is for a single undertaking at a military installation, and (2)” after “is a military construction project”.

Pub. 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.”

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

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

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

Pub. L. 102–190, § 2870(4)Subsec. (b)(2). , 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.

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

Pub. L. 101–5101990—Subsec. (b)(3). 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.”

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

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

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

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

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

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

Pub. L. 99–167, § 809(2)Subsec. (c). , 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

Pub. L. 117–263, div. B, title XXVIII, § 2803(b)Dec. 23, 2022136 Stat. 2994

section 2805 of title 10Dec. 23, 2022“Subsection (g) of , 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 [].”

, , , provided that:

Effective Date of 2021 Amendment

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

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

Effective Date

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

Temporary Expansion of Authority for Caisson Requirements

Pub. L. 119–60, div. B, title XXVIII, § 2810(b)Dec. 18, 2025139 Stat. 1301

Public Law 118–159 10 U.S.C. 2805“Not later than 30 days after each use of the authority described under section 2804(c) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of ; note), the Secretary of the Army shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on such use.”

, , , provided that:

Pub. L. 118–159, div. B, title XXVIII, § 2804(c)Dec. 23, 2024138 Stat. 2248 Pub. L. 119–60, div. B, title XXVIII, § 2810(a)Dec. 18, 2025139 Stat. 1300

Dec. 23, 2024August 1, 2026“During the period beginning on the date of the enactment of this section [] and ending on , the Secretary of the Army may use the authority under section 2805 of such title [meaning title 10, United States Code] for the purchase of interests in land at not more than 200 percent of the applicable dollar threshold specified in such section to support the caisson requirements of the Department of the Army with respect to equine welfare.”

, , , as amended by , , , provided that:

Authority for Indo-Pacific Posture Unspecified Minor Military Construction Projects

Pub. L. 118–31, div. B, title XXVIII, § 2810Dec. 22, 2023137 Stat. 747 Pub. L. 118–159, div. B, title XXVIII, § 2807Dec. 23, 2024138 Stat. 2250

“(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)

section 101(e)(8) of title 10 enhancing facility preparedness and military installation resilience (as defined in , 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)

Pub. L. 118–31 137 Stat. 901 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 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).

“(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 .—

section 2851 of title 10Subsections (a) and (b) of , 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 .—

December 31, 2024Not later than , 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 .—

March 31, 2029The authority to carry out a project under this section expires on .”

, , , as amended by , , , provided that:

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

Pub. L. 117–263, div. B, title XXVIII, § 2801Dec. 23, 2022136 Stat. 2992Dec. 23, 2022Dec. 1, 2025Pub. L. 118–31, div. B, title XXVIII, § 2802(e)Dec. 22, 2023137 Stat. 743, , , which increased amounts in connection with authority to carry out unspecified minor military construction projects for the period beginning on , and ending on , was repealed by , , .

No Application to Current Projects

Pub. L. 113–66, div. B, title XXVIII, § 2801(b)Dec. 26, 2013127 Stat. 1006

Dec. 26, 2013“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 [].”

, , , provided that:

Relation to Other Authorities

Pub. L. 108–136, div. B, title XXVIII, § 2808(e)Nov. 24, 2003117 Stat. 1724 section 2808 of Pub. L. 108–136 section 2805(c) of this title Pub. L. 117–263, div. B, title XXVIII, § 2809(b)(2)Dec. 23, 2022136 Stat. 2996, , , which directed that the temporary authority provided by , and the limited authority provided by , 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 , , .

Department of Defense Laboratory Revitalization Demonstration Program

Pub. L. 104–106, div. B, title XXVIII, § 2892Feb. 10, 1996110 Stat. 590 Pub. L. 105–261, div. B, title XXVIII, § 2871Oct. 17, 1998112 Stat. 2225 Pub. L. 108–375, div. B, title XXVIII, § 2891Oct. 28, 2004118 Stat. 2154

“(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 (b) and other applicable law to improve Department of Defense laboratories covered by the program.

“(b)

Increased Maximum Amounts Applicable to Minor Construction Projects .—

For purpose of any military construction project carried out under the program—

“(1)

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

“(2)

the amount provided in subsection (b)(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 .—

February 1, 2003Not later than , 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.

“(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 .—

September 30, 2005The Secretary may not commence a construction project under the program after .”

, , , as amended by , , ; , , , provided that:

Initial Establishment of Certain Amounts Required To Be Specified by Law

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