Browse Arkansas Code titles and sections
10 U.S.C. § 2851 — Supervision of military construction projects
Federal law — U.S. Code and appendices · legal_authorities
**(a) Supervision of Military Department Projects.—** Each contract entered into by the United States in connection with a military construction project or a military family housing project shall be carried out under the direction and supervision of a Secretary of a military department or Government agency (as approved by the Secretary of Defense) to assure the most efficient, expeditious, and cost-effective completion of the project.
**(b) Supervision of Defense Agency Projects.—** A military construction project for an activity or agency of the Department of Defense (other than a military department) financed from appropriations for military functions of the Department of Defense shall be accomplished by or through a military department designated by the Secretary of Defense.
**(c) Maintenance of Military Construction Information on Internet; Access.—**
(1) The Secretary of Defense shall maintain an Internet site that will permit a person to access and view on a separate page of the Internet site a document or other file containing the information required by paragraph (2) for the following:
(A) Each military construction project or military family housing project that has been specifically authorized by Act of Congress.
(B) Each project carried out with funds authorized for the operation and maintenance of military family housing.
(C) Each project carried out with funds authorized for the improvement of military family housing units.
(D) Each unspecified minor construction project carried out under the authority of [section 2805(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805/a&num=0&edition=prelim).
(E) Each military department project with a total cost in excess of $15,000,000 for Facilities Susta
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2851
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 86238193a202b09ccbf24d542237df4be4311ca6b72579f72c83f132cf53bc99. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_1409820c1a4033e1b7b4ca08
Source file: Laws/federal/codes/united-states-code/title-10/section-2851-supervision-of-military-construction-projects--c4821c88fd.md
Pages: Not recorded – Not recorded
Passage SHA-256: 05ce34c422ab57c7de21258bf6ee96db07a9affbb41f6fdbc6f78fc1d553cfbd
Source location: Title 10, Chapter 169, § 2851; chapter-169-military-construction-and-military-family-housing.md
Stored source content
**(a) Supervision of Military Department Projects.—** Each contract entered into by the United States in connection with a military construction project or a military family housing project shall be carried out under the direction and supervision of a Secretary of a military department or Government agency (as approved by the Secretary of Defense) to assure the most efficient, expeditious, and cost-effective completion of the project.
**(b) Supervision of Defense Agency Projects.—** A military construction project for an activity or agency of the Department of Defense (other than a military department) financed from appropriations for military functions of the Department of Defense shall be accomplished by or through a military department designated by the Secretary of Defense.
**(c) Maintenance of Military Construction Information on Internet; Access.—**
(1) The Secretary of Defense shall maintain an Internet site that will permit a person to access and view on a separate page of the Internet site a document or other file containing the information required by paragraph (2) for the following:
(A) Each military construction project or military family housing project that has been specifically authorized by Act of Congress.
(B) Each project carried out with funds authorized for the operation and maintenance of military family housing.
(C) Each project carried out with funds authorized for the improvement of military family housing units.
(D) Each unspecified minor construction project carried out under the authority of [section 2805(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805/a&num=0&edition=prelim).
(E) Each military department project with a total cost in excess of $15,000,000 for Facilities Sustainment, Restoration, and Modernization.
(F) Each military construction project, military department Facilities Sustainment, Restoration, and Modernization project, or military family housing project regarding which a statutory requirement exists to notify Congress.
(2) The information to be provided via the Internet site required by paragraph (1) for each project described in such paragraph shall include the following:
(A) The solicitation date and award date (or anticipated dates) for each contract entered into (or to be entered into) by the United States in connection with the project.
(B) The contract recipient, contract award amount, construction milestone schedule proposed by the contractor, and construction completion date stipulated in the awarded contract.
(C) The most current Department of Defense Form 1391, Military Construction Project Data, for the project.
(D) The progress of the project, including the percentage of construction currently completed and the current estimated construction completion date.
(E) The current contract obligation of funds for the project, including any changes to the original contract award amount.
(F) If funds appropriated for the project have been diverted for use in another project, the project to which the funds were diverted and the amount so diverted.
(G) For accounts such as planning and design, unspecified minor construction, and family housing operation and maintenance, detailed information regarding expenditures and anticipated expenditures under these accounts and the purposes for which the expenditures are made.
(3) The information required to be provided for each project described in paragraph (1) shall be made available on the Internet site required by such paragraph not later than 90 days after the award of a contract or delivery order for the project. The Secretary of Defense shall update the required information as promptly as practicable, but not less frequently than once a month, to ensure that the information is available in a timely manner.
**(d) Report on Supervision of Large Military Construction Projects.—** Before the award of a contract of a value greater than $500,000,000 in connection with a military construction project, the individual directing and supervising such military construction project under subsection (a) or the individual designated pursuant to subsection (b) (as applicable) shall submit to the appropriate committees of Congress a report on the intended supervision, inspection, and overhead plan to manage such military construction project. Each such report shall include the following:
(1) A determination of the overall funding intended to manage the supervision, inspection, and overhead of the military construction project.
(2) An assessment of whether a Department of Defense Field Activity directly reporting to such individual should be established.
(3) A description of the quality assurance approach to the military construction project.
(4) The independent cost estimate described in [section 3221(b)(6)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3221/b/6/A&num=0&edition=prelim).
(5) The overall staffing approach to oversee the military construction project for each year of the contract term.
**(e) Annual Report on Schedule Delays.—** Not later than March 1 of each year (beginning with 2018), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on each military construction project or military family housing project for which, as of the end of the most recent fiscal year, the estimated completion date is more than 1 year later than the completion date proposed at the time the contract for the project was awarded.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)).
**(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law).
**(c)** In this chapter and chapter 173 of this title:
(1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2) The term “facility” means a building, structure, or other improvement to real property.
(3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure.
(4) The term “mil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2801
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Director of Cost Assessment and Program Evaluation shall ensure that the cost estimation and cost analysis processes of the Department of Defense provide accurate information and realistic estimates of cost for the acquisition programs of the Department of Defense.
**(b) Functions.—** In carrying out the responsibility of the Director under subsection (a), the Director shall—
(1) prescribe, by authority of the Secretary of Defense, policies and procedures for the conduct of cost estimation and cost analysis for the acquisition programs of the Department of Defense;
(2) with respect to cost estimation in the Department of Defense in general and with respect to specific cost estimates and cost analyses to be conducted in connection with a major defense acquisition program or major subprogram under chapters 321, 324, and 325, subchapter I of chapter 322, and sections 3042, 4232, 4273, 4293, 4321, 4323, and 4328 of this title, provide guidance to and consult with—
(A) the Secretary of Defense;
(B) the Under Secretary of Defense for Acquisition and Sustainment;
(C) the Under Secretary of Defense (Comptroller);
(D) the Secretaries of the military departments; and
(E) the heads of the Defense Agencies;
(3) issue guidance relating to the proper discussion of risk in cost estimates generally, and specifically, for the proper discussion of risk in cost estimates for major defense acquisition programs and major subprograms;
(4) issue guidance relating to full consideration of life-cycle management and sustainability costs in major defense acquisition programs and major subprograms;
(5) review all cost estimates and cost analyses conducted in connection with major defense acquisition programs and major subprograms;
(6) conduct or appro
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3221
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim), 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)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2805
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Strategy for Demolition.—** Each Secretary concerned shall develop a strategy to demolish facilities under the respective jurisdiction of each such Secretary that—
(1) are in poor or failing condition under the uniform index developed under section 2838 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31);
(2) are not in operational use; or
(3) such Secretary determines are underutilized.
**(b) Assessment of Certain Maintenance Costs.—** Each Secretary concerned shall conduct an assessment to determine the total cost to the United States to maintain facilities that—
(1) are not in operational use; and
(2) such Secretary determines are underutilized.
**(c) Required Consideration.—** In determining whether a facility is underutilized pursuant to subsections (a) or (b), each Secretary concerned shall compare the occupancy of such facility to the total square footage of such facility.
**(d) Assessments of Historic Significance.—**
(1) Not later than December 1, 2025, and on an annual basis thereafter, each Secretary concerned shall conduct an assessment of each facility under the jurisdiction of the Secretary concerned that was constructed at least 25 years prior to the year covered by the assessment to determine whether the facility—
(A) is historically significant; or
(B) will be historically significant at the end of the 25-year period beginning on the date of the completion of such assessment.
(2) For each facility described in paragraph (1) that a Secretary concerned determines is not, or will not be, historically significant pursuant to an assessment under such paragraph, the Secretary concerned shall—
(A) conduct an assessment of the condition of such facility;
(B) make an initial determination of whether such
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2819
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 2270
TITLE 10—ARMED FORCES
§ 2851
‘‘(1) IN GENERAL.—Not later than 270 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees [Committee on Armed Services and Com-
mittee on Appropriations of the Senate and House of
Representatives] a report on the results of the assess-
ment conducted under subsection (a).
‘‘(2) ELEMENTS.—The report under paragraph (1)
shall include—
‘‘(A) a cost estimate to make any improvements
recommended pursuant to the assessment under
subsection (a), disaggregated by military depart-
ment and installation; and
‘‘(B) an estimated schedule for making such im-
provements.’’
§ 2851.
Supervision
of
military
construction
projects
(a) SUPERVISION
OF
MILITARY
DEPARTMENT
PROJECTS.—Each contract entered into by the
United States in connection with a military
construction project or a military family hous-
ing project shall be carried out under the direc-
tion and supervision of the Secretary of the
Army (acting through the Chief of Engineers),
the Secretary of the Navy (acting through the
Commander of the Naval Facilities Engineering
Command), or such other department or Govern-
ment agency as the Secretary of Defense ap-
proves to assure the most efficient, expeditious,
and cost-effective completion of the project.
(b)
SUPERVISION
OF
DEFENSE
AGENCY
PROJECTS.—A military construction project for
an activity or agency of the Department of De-
fense (other than a military department) fi-
nanced from appropriations for military func-
tions of the Department of Defense shall be ac-
complished by or through a military department
designated by the Secretary of Defense.
(c) MAINTENANCE
OF MILITARY CONSTRUCTION
INFORMATION ON INTERNET; ACCESS.—(1) The Sec-
re
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2851
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.