10 U.S.C. § 2807 — Architectural and engineering services

Page 2233 TITLE 10—ARMED FORCES § 2807 program for a fiscal year are available to be ob- ligated or expended at the end of that fiscal year and no funds have been authorized for the fol- lowing fiscal year, not more than 50 percent of the amount authorized for the North Atlantic Treaty Organization Security Investment pro- gram for that fiscal year shall be deemed to be authorized by law for purposes of paragraph (1) for the following fiscal year. (c)(1) The Secretary of Defense may make con- tributions in excess of the amount appropriated for contribution under subsection (a) if the amount of the contribution in excess of that amount does not exceed 200 percent of the amount specified by section 2805(a) of this title as the maximum amount for a minor military construction project. (2) If the Secretary determines that the amount appropriated for contribution under subsection (a) in any fiscal year must be exceed- ed by more than the amount authorized under paragraph (1), the Secretary may make con- tributions in excess of such amount, but not in excess of 125 percent of the amount appro- priated, only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate com- mittees of Congress notice of the increase, in- cluding the reasons for the increase and the source of the funds to be used for the increase. (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 156; amended Pub. L. 97–321, title VIII, § 805(b)(1), Oct. 15, 1982, 96 Stat. 1573; Pub. L. 99–661, div. B, title V, § 2503(a), Nov. 14, 1986, 100 Stat. 4039; Pub. L. 100–26, § 7(f)(1), Apr. 21, 1987, 101 Stat. 281; Pub. L. 102–190, div. B, title XXVIII, § 2870(5), Dec. 5, 1991, 105 Stat. 1563; Pub. L. 104–201, div. B, title XXVIII, § 2802(a), (c)(1), Sept. 23, 1996, 110 Stat. 2787; Pub. L. 111–84, div. B, title XXVIII, § 2801(a)(3), Oct. 28, 2009, 123 Stat. 2660; Pub. L. 111–383, div. B, title XXVIII, § 2803(b), Jan. 7, 2011, 124 Stat. 4459; Pub. L. 115–91, div. B, title XXVIII, § 2801(a)(4), Dec. 12, 2017, 131 Stat. 1840; Pub. L. 118–159, div. B, title XXV, § 2503, Dec. 23, 2024, 138 Stat. 2236.) Editorial Notes AMENDMENTS 2024—Subsec. (b). Pub. L. 118–159 designated existing provisions as par. (1) and added par. (2). 2017—Subsec. (c)(1). Pub. L. 115–91, § 2801(a)(4)(A), in- serted ‘‘of Defense’’ after ‘‘The Secretary’’. Subsec. (c)(2). Pub. L. 115–91, § 2801(a)(4)(B), sub- stituted ‘‘, only after the end of the 14-day period be- ginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress notice of the increase, including the reasons for the increase and the source of the funds to be used for the increase.’’ for ‘‘(A) after submitting a report in writing to the ap- propriate committees of Congress on such increase, in- cluding a statement of the reasons for the increase and a statement of the source of the funds to be used for the increase, and (B) after a period of 21 days has elapsed from the date of receipt of the report or, if earlier, a pe- riod of 14 days has elapsed from the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title.’’ 2011—Subsec. (c)(2)(B). Pub. L. 111–383 inserted before period at end ‘‘or, if earlier, a period of 14 days has elapsed from the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title’’. 2009—Subsec. (c)(1). Pub. L. 111–84 substituted ‘‘sec- tion 2805(a)’’ for ‘‘section 2805(a)(2)’’. 1996—Pub. L. 104–201, § 2802(c)(1), substituted ‘‘Organi- zations Security Investment’’ for ‘‘Organization Infra- structure’’ in section catchline. Subsec. (b). Pub. L. 104–201, § 2802(a), substituted ‘‘Se- curity Investment program’’ for ‘‘Infrastructure pro- gram’’. 1991—Subsec. (c)(2)(B). Pub. L. 102–190 substituted ‘‘after’’ for ‘‘after either’’ and struck out before period at end ‘‘or after each such committee has indicated ap- proval of the increased contribution’’. 1987—Subsec. (c)(1). Pub. L. 100–26 substituted ‘‘speci- fied by section 2805(a)(2) of this title’’ for ‘‘specified by law’’. 1986—Subsec. (a). Pub. L. 99–661 inserted ‘‘and for re- lated expenses’’ after ‘‘headquarters)’’. 1982—Pub. L. 97–321 substituted ‘‘Infrastructure’’ for ‘‘infrastructure’’ in section catchline. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 104–201, div. B, title XXVIII, § 2802(b), Sept. 23, 1996, 110 Stat. 2787, provided that: ‘‘Any reference to the North Atlantic Treaty Organization Infrastructure pro- gram in any Federal law, Executive order, regulation, delegation of authority, or document of or pertaining to the Department of Defense shall be deemed to refer to the North Atlantic Treaty Organization Security In- vestment program.’’ EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–159, div. B, § 2003, Dec. 23, 2024, 138 Stat. 2212, provided that: ‘‘Titles XXI through XXVII [of Pub. L. 118–159, amending this section and enacting provi- sions related to military construction authorizations not set out in the Code] shall take effect on the later of— ‘‘(1) October 1, 2024; or ‘‘(2) the date of the enactment of this Act [Dec. 23, 2024].’’ EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–661, div. B, title V, § 2503(b), Nov. 14, 1986, 100 Stat. 4039, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply only with respect to contributions made with funds appro- priated for fiscal years after fiscal year 1986.’’ EFFECTIVE DATE For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title. RESTRICTION ON CERTAIN FUNDING Pub. L. 99–661, div. B, title V, § 2504, Nov. 14, 1986, 100 Stat. 4039, prohibited Secretary of Defense from obli- gating or expending any funds after fiscal year 1987 with respect to NATO infrastructure program under this section until Secretary submitted to Committees on Armed Services of Senate and House (1) a com- prehensive master plan for establishing adequate active defenses for air bases in Europe at which operations of United States aircraft are planned, sites in Europe used by United States for logistic support of NATO or for prepositioned overseas mate´riel configured to unit sets, and (2) a report containing a certification by Secretary that sufficient funds have been budgeted by Depart- ment of Defense in fiscal year 1988 five-year defense plan to meet objectives of such comprehensive master plan. § 2807. Architectural and engineering services and construction design (a) Within amounts appropriated for military construction and military family housing, the Page 2234 TITLE 10—ARMED FORCES § 2807 Secretary concerned may obtain architectural and engineering services and may carry out con- struction design in connection with military construction projects, family housing projects, and projects undertaken in connection with the authority provided under section 2854 of this title that are not otherwise authorized by law. Amounts available for such purposes may be used for construction management of projects that are funded by foreign governments directly or through international organizations and for which elements of the armed forces of the United States are the primary user. (b) In the case of architectural and engineer- ing services and construction design to be un- dertaken under subsection (a) for which the esti- mated cost exceeds $1,000,000, the Secretary con- cerned shall notify the appropriate committees of Congress of the scope of the proposed project and the estimated cost of such services before the initial obligation of funds for such services. The Secretary may then obligate funds for such services only after the end of the 14-day period beginning on the date on which the notification is received by the committees in an electronic medium pursuant to section 480 of this title. (c) If the Secretary concerned determines that the amount authorized for activities under sub- section (a) in any fiscal year must be increased the Secretary may proceed with activities at such higher level only after the end of the 14-day period beginning on the date on which the Sec- retary submits, in an electronic medium pursu- ant to section 480 of this title, to the appro- priate committees of Congress notice of the need for the increase, including the source of funds to be used for the increase. (d) For architectural and engineering services and construction design related to military con- struction and family housing projects, the Sec- retaries of the military departments may incur obligations for contracts or portions of con- tracts using military construction and family housing appropriations from different fiscal years to the extent that those appropriations are available for obligation. (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 156; amended Pub. L. 98–115, title VIII, § 804, Oct. 11, 1983, 97 Stat. 785; Pub. L. 99–661, div. B, title VII, §§ 2702(b), 2712(a), Nov. 14, 1986, 100 Stat. 4040, 4041; Pub. L. 102–190, div. B, title XXVIII, § 2870(6), Dec. 5, 1991, 105 Stat. 1563; Pub. L. 105–261, div. B, title XXVIII, § 2801, Oct. 17, 1998, 112 Stat. 2202; Pub. L. 108–136, div. A, title X, § 1031(a)(37), Nov. 24, 2003, 117 Stat. 1601; Pub. L. 115–91, div. B, title XXVIII, § 2801(a)(5), Dec. 12, 2017, 131 Stat. 1841.) Editorial Notes AMENDMENTS 2017—Subsec. (b). Pub. L. 115–91, § 2801(a)(5)(A), sub- stituted ‘‘14-day period’’ for ‘‘21-day period’’ and struck out ‘‘or, if earlier, the end of the 14-day period begin- ning on the date on which a copy of the report is pro- vided’’ after ‘‘received by the committees’’. Subsec. (c). Pub. L. 115–91, § 2801(a)(5)(B), substituted ‘‘only after the end of the 14-day period beginning on the date on which the Secretary submits, in an elec- tronic medium pursuant to section 480 of this title, to the appropriate committees of Congress notice of the need for the increase, including the source of funds to be used for the increase.’’ for ‘‘(1) after submitting a re- port in writing to the appropriate committees of Con- gress on such increase, including a statement of the reasons for the increase and a statement of the source of funds to be used for the increase, and (2) after a pe- riod of 21 days has elapsed from the date of receipt of the report or, if over sooner, a period of 14 days has elapsed from the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title.’’ 2003—Subsec. (b). Pub. L. 108–136, § 1031(a)(37)(A), sub- stituted ‘‘$1,000,000’’ for ‘‘$500,000’’, struck out ‘‘not less than 21 days’’ after ‘‘of such services’’, and inserted last sentence. Subsec. (c)(2). Pub. L. 108–136, § 1031(a)(37)(B), inserted before period at end ‘‘or, if over sooner, a period of 14 days has elapsed from the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title’’. 1998—Subsec. (b). Pub. L. 105–261, § 2801(a), substituted ‘‘$500,000’’ for ‘‘$300,000’’. Subsec. (d). Pub. L. 105–261, § 2801(b), substituted ‘‘ar- chitectural and engineering services and construction design’’ for ‘‘study, planning, design, architectural, and engineering services’’. 1991—Subsec. (c)(2). Pub. L. 102–190 substituted ‘‘after’’ for ‘‘after either’’ and struck out before period at end ‘‘or after each such committee has indicated ap- proval of the increased level of activity’’. 1986—Subsec. (b). Pub. L. 99–661, § 2702(b), substituted ‘‘$300,000’’ for ‘‘the maximum amount specified by law for the purposes of this section’’. Subsec. (d). Pub. L. 99–661, § 2712(a), added subsec. (d). 1983—Subsec. (a). Pub. L. 98–115 substituted ‘‘Within amounts appropriated for military construction and military family housing’’ for ‘‘Within amounts appro- priated for such purposes’’ and inserted ‘‘, family hous- ing projects, and projects undertaken in connection with the authority provided under section 2854 of this title that are’’ after ‘‘in connection with military con- struction projects’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–661, div. B, title VII, § 2712(b), Nov. 14, 1986, 100 Stat. 4041, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply only to funds appropriated for fiscal years after fiscal year 1985.’’ EFFECTIVE DATE For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title. OBLIGATION AND EXECUTION OF DESIGN FUNDS FOR MILITARY CONSTRUCTION PROJECTS Pub. L. 118–159, div. B, title XXVIII, § 2811, Dec. 23, 2024, 138 Stat. 2252, provided that: ‘‘(a) IN GENERAL.—Not later than 150 days after amounts are appropriated for any fiscal year for the congressionally-directed design of a military construc- tion project, the Secretary of Defense shall ensure that the construction agent responsible for such project en- ters into a contract pursuant to section 2807 of title 10, United States Code, for the obligation and execution of such amounts. ‘‘(b) COMPLETION OF WORK.—If a military construc- tion project designated pursuant to subsection (a) has an estimated construction cost of less than $150,000,000, not less than 35 percent of the project design under a contract described in subsection (a) shall be completed not later than 240 days after the date of the award of such contract. ‘‘(c) NOTIFICATION.—If the Secretary determines that a construction agent who is responsible for a military construction project under subsection (a) fails to sat- isfy the requirements of subsection (a) or (b), the Sec- Page 2235 TITLE 10—ARMED FORCES § 2808 retary shall, not later than 30 days after the Secretary makes such determination and at the end of each nine- ty-day period thereafter until such military construc- tion project reaches 35 percent design, submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a notification that in- cludes— ‘‘(1) a statement of whether the construction agent has exceeded the duration to— ‘‘(A) enter into a contract under subsection (a); or ‘‘(B) complete 35 percent project design under subsection (b); ‘‘(2) the reason for the delay in the satisfaction of such requirements; and ‘‘(3) the projected dates such requirements will be satisfied.’’ ARCHITECTURAL AND ENGINEERING SERVICES AND CON- STRUCTION DESIGN CONTRACTS FOR MILITARY CON- STRUCTION PROJECTS Pub. L. 98–212, title VII, § 796, Dec. 8, 1983, 97 Stat. 1455, provided that: ‘‘No funds appropriated for the De- partments of Defense, Army, Navy, or the Air Force shall be obligated by their respective Secretaries for architectural and engineering services and construc- tion design contracts for Military Construction projects in the amount of $85,000 and over, unless com- petition for such contracts is open to all firms regard- less of size in accordance with 40 U.S.C. § 541, et seq. [now chapter 11 of Title 40, Public Buildings, Property, and Works.]’’ SMALL BUSINESS SET-ASIDE FOR ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION DESIGN Pub. L. 98–115, title VIII, § 806, Oct. 11, 1983, 97 Stat. 786, provided that: ‘‘(a) The Secretary of Defense shall conduct a com- prehensive review of current policies and practices of the Department of Defense with regard to the award of contracts for architectural and engineering services and construction design for military construction projects. The Secretary shall conduct such review with a view to determining whether current policies and practices of the Department of Defense result in a rea- sonable distribution of such contracts to firms of all sizes throughout the architect-engineer community. ‘‘(b) Upon the completion of such review, the Sec- retary shall modify current policies and practices of the Department to the extent necessary to ensure— ‘‘(1) that small business concerns (as defined in sec- tion 3 of the Small Business Act [15 U.S.C. 632]) are assured of a reasonable share of such contracts; and ‘‘(2) that large architect-engineer firms are not pre- cluded from competing for such contracts when the estimated amount of such contracts is greater than a reasonable threshold amount prescribed by the Sec- retary. ‘‘(c) Not later than March 1, 1984, the Secretary shall submit to the appropriate committees of Congress a written report on the results of the review required by subsection (a) and on any changes made to current poli- cies and practices as required by subsection (b). ‘‘(d) For the purposes of this section: ‘‘(1) The term ‘reasonable share’ means an appro- priate percentage share of all contracts referred to in subsection (a) as determined by the Secretary of De- fense after consultation with the Admininstrator [sic] of the Small Business Administration and rep- resentatives of the architect-engineer community. ‘‘(2) The term ‘reasonable threshold amount’ means an appropriate estimated contract dollar amount de- termined by the Secretary of Defense after consulta- tion with the Administrator of the Small Business Administration and representatives of the architect- engineer community.’’ INITIAL ESTABLISHMENT OF CERTAIN AMOUNTS REQUIRED TO BE SPECIFIED BY LAW Amounts of $300,000 or more for contracts for archi- tectural and engineering services or construction de- sign subject to the reporting requirement under this section during the period beginning on Oct. 1, 1982, and ending on the date of the Military Construction Au- thorization Act for fiscal year 1984 or Oct. 1, 1983, whichever is later, see section 11(2) of Pub. L. 97–214, set out as a note under section 2828 of this title. § 2808. Construction authority in the event of a declaration of war or national emergency (a) CONSTRUCTION AUTHORIZED.—In the event of a declaration of war or the declaration by the President of a national emergency in accordance with the National Emergencies Act (50 U.S.C. 1601 et seq.) that requires use of the armed forces, the Secretary of Defense, without regard to any other provision of law, may undertake military construction projects, and may author- ize the Secretaries of the military departments to undertake military construction projects, not otherwise authorized by law that are necessary to support such use of the armed forces. (b) CONDITIONS ON SOURCES OF FUNDS.—A mili- tary construction project to be undertaken using the construction authority described in subsection (a) may be undertaken only within the total amount of funds that have been appro- priated for military construction, excluding funds appropriated for family housing, that— (1) remain unobligated as of the date on which the first contract would be entered into in support of the national emergency declara- tion described in subsection (a); and (2) are available because the military con- struction project for which the funds were ap- propriated— (A) has been canceled; or (B) has reduced costs as a result of project modifications or other cost savings. (c) LIMITATION ON AMOUNT OF FUNDS AVAIL- ABLE FOR NATIONAL EMERGENCY.—(1) Except as provided in paragraph (2), in the event of a dec- laration by the President of a national emer- gency in which the construction authority de- scribed in subsection (a) is used, the total cost of all military construction projects undertaken using that authority during the national emer- gency may not exceed $500,000,000. (2) In the event of a national emergency dec- laration in which the construction authority de- scribed in subsection (a) will be used only within the United States, the total cost of all military construction projects undertaken using that au- thority during the national emergency may not exceed $100,000,000. (d) WAIVER OF OTHER PROVISIONS OF LAW IN EVENT OF NATIONAL EMERGENCY.—In the event of a declaration by the President of a national emergency in which the construction authority described in subsection (a) is used, the authority provided by such subsection to waive or dis- regard another provision of law that would oth- erwise apply to a military construction project authorized by this section may be used only if— (1) such other provision of law does not pro- vide a means by which compliance with the re- quirements of the law may be waived, modi- fied, or expedited; and (2) the Secretary of Defense determines that the nature of the national emergency neces- sitates the noncompliance with the require- ments of the law.