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10 U.S.C. § 2819 — Strategy and assessment with respect to non-operational, underutilized, and other Department of Defense facilities: assessments of historical significance
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
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Stable record: federal_law:legal_authorities:record_usc_4f15efe40b89ca0dc09650b9
Source file: Laws/federal/codes/united-states-code/title-10/section-2819-strategy-and-assessment-with-respect-to-non-operational-underutilized-an--da3da7f2fd.md
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Source location: Title 10, Chapter 169, § 2819; chapter-169-military-construction-and-military-family-housing.md
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**(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 facility will be modernized or demolished during such 25-year period; and
(C) submit to the digital facilities management system of the military department under the jurisdiction of such Secretary—
(i) the results of the assessment under subparagraph (A); and
(ii) the initial determination required by subparagraph (B).
(3) If, during the course of any assessment of a facility described in paragraph (1), the Secretary concerned changes a determination with respect to the historic significance of the facility or plans of such Secretary to modernize or demolish the facility, such Secretary shall revise the information submitted to the applicable digital facilities management system pursuant to subparagraph (C) of paragraph (2).
**(e) Annual Briefing.—**
(1) Along with the budget for fiscal year 2027 submitted by the President pursuant to [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), United States Code, and on an annual basis thereafter, each Secretary concerned shall provide to the congressional defense committees a briefing on—
(A) the strategy required by subsection (a); and
(B) the results of the assessments required by subsections (b) and (d).
(2) Each such briefing shall include—
(A) a summary of the existing authorities of each Secretary concerned to demolish the facilities covered by such strategy;
(B) a plan to implement such strategy; and
(C) recommendations of each such Secretary with respect to reducing—
(i) the inventory of facilities 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); and
(ii) the total cost to the United States to maintain the facilities covered by the assessment required by subsection (b) of such section.
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 2247
TITLE 10—ARMED FORCES
§ 2819
1 So in original. Probably should be ‘‘contract’’.
1 So in original. Probably should be followed by ‘‘the’’.
(2) the Committee on Armed Services and
the Subcommittee on Defense and the Sub-
committee on Military Construction, Veterans
Affairs, and Related Agencies of the Com-
mittee on Appropriations of the House of Rep-
resentatives.
(Added Pub. L. 118–31, div. B, title XXVIII, § 2805,
Dec. 22, 2023, 137 Stat. 744.)
§ 2818. Contracts for design and construction of
facilities of Department of Defense
(a) IN GENERAL.—The head of an element of
the Department of Defense (as defined in section
111(b) of this title) may award a contact 1 to any
other such element for the design and construc-
tion of facilities of the Department of Defense,
including
facility
maintenance
and
repair
projects and unspecified minor military con-
struction projects under section 2805 of this
title, on a reimbursable basis.
(b) CONSIDERATION AS AN OBLIGATION.—A con-
tract awarded under subsection (a) by such head
shall be considered to be an obligation of such
head in the same manner as a similar order or
contract placed by such head with a private en-
tity.
(c) LIMITATION.—An awardee of a contract
under subsection (a) may include an amount
equal to not more than 10 percent of the pro-
posed value of the contract for contingency ex-
penses.
(Added Pub. L. 118–159, div. B, title XXVIII,
§ 2843, Dec. 23, 2024, 138 Stat. 2263.)
§ 2819. Strategy and assessment with respect to
non-operational, underutilized, and other De-
partment of Defense facilities: assessments of
historical significance
(a) STRATEGY
FOR
DEMOLITION.—Each Sec-
retary concerned shall develop a strategy to de-
molish facilities under the respective jurisdic-
tion o
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2819
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