10 U.S.C. § 2810 — Military construction projects for innova-

Page 2238 TITLE 10—ARMED FORCES § 2810 viding that no more than 5 contracts may be entered into under this section other than contracts for child care centers, and providing that authority to enter into such contracts was to expire on Sept. 30, 1991. 1989—Subsec. (a)(1)(B)(ii). Pub. L. 101–189, § 2803(1), substituted ‘‘Utilities, including potable’’ for ‘‘Pota- ble’’. Subsec. (b). Pub. L. 101–189, § 2803(2), substituted ‘‘ac- tivities and services described in clause (i) or (ii) of subsection (a)(1)(B)’’ for ‘‘child care centers’’. Subsec. (c). Pub. L. 101–189, § 2803(3), substituted ‘‘1991’’ for ‘‘1989’’. 1988—Subsec. (a)(3). Pub. L. 100–456 substituted ‘‘32’’ for ‘‘20’’. 1987—Subsec. (a)(1)(B)(vi), (vii). Pub. L. 100–180, § 2302(a), added cl. (vi) and redesignated former cl. (vi) as (vii). Subsec. (c). Pub. L. 100–180, § 2302(b), substituted ‘‘1989’’ for ‘‘1987’’. 1986—Subsec. (a)(1). Pub. L. 99–661, § 2711, amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘The Secretary concerned may enter into a contract for the construction, management, and oper- ation of a facility on or near a military installation in the United States for the provision of child care serv- ices, waste water treatment, or depot supply activities in a case in which the Secretary concerned determines that the facility can be more efficiently and more eco- nomically provided under a long-term contract than by other appropriate means.’’ Pub. L. 99–661, § 1343(a)(20)(A), substituted ‘‘a con- tract’’ for ‘‘contracts’’, ‘‘a facility’’ for ‘‘facilities’’, ‘‘a military installation’’ for ‘‘military installations’’, ‘‘a case’’ for ‘‘cases’’, ‘‘facility’’ for ‘‘facilities’’, and ‘‘a long-term contract’’ for ‘‘long-term contracts’’ and in- serted a comma after ‘‘waste water treatment’’. Subsec. (a)(2). Pub. L. 99–661, § 1343(a)(20)(B), sub- stituted ‘‘this section’’ for ‘‘subsection (a)’’. Subsec. (a)(3). Pub. L. 99–661, § 1343(a)(20)(C), sub- stituted ‘‘20’’ for ‘‘twenty’’. Subsec. (a)(4)(A). Pub. L. 99–661, § 1343(a)(20)(D), struck out ‘‘the’’ before ‘‘Congress’’. Subsec. (b). Pub. L. 99–661, § 1343(a)(20)(E), struck out ‘‘the authority of subsection (a) of’’ after ‘‘under’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–190, div B, title XXVIII, § 2805(b), Dec. 5, 1991, 105 Stat. 1538, provided that: ‘‘Section 2809 of title 10, United States Code, as amended by subsection (a), shall apply with respect to contracts entered into under that section on or after the date of the enact- ment of this Act [Dec. 5, 1991].’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–456 effective Oct. 1, 1988, see section 2702 of Pub. L. 100–456, set out as a note under section 2391 of this title. DEMONSTRATION PROGRAM ON REDUCTION IN LONG- TERM FACILITY MAINTENANCE COSTS Pub. L. 107–107, div. B, title XXVIII, § 2814, Dec. 28, 2001, 115 Stat. 1310, as amended by Pub. L. 107–314, div. B, title XXVIII, § 2813(a)–(d)(1), Dec. 2, 2002, 116 Stat. 2709, 2710, provided that: ‘‘(a) AUTHORITY TO CARRY OUT PROGRAM.—The Sec- retary of Defense or the Secretary of a military depart- ment may conduct a demonstration program to assess the feasibility and desirability of including facility maintenance requirements in construction contracts for military construction projects for the purpose of de- termining whether such requirements facilitate reduc- tions in the long-term facility maintenance costs of the military departments. ‘‘(b) CONTRACTS.—(1) Not more than 12 contracts per military department may contain requirements re- ferred to in subsection (a) for the purpose of the dem- onstration program. ‘‘(2) The demonstration program may only cover con- tracts entered into on or after the date of the enact- ment of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 [Pub. L. 107–314, approved Dec. 2, 2002], except that the Secretary of the Army shall treat any contract containing requirements referred to in subsection (a) that was entered into under the au- thority in such subsection between that date and De- cember 28, 2001, as a contract for the purpose of the demonstration program. ‘‘(c) EFFECTIVE PERIOD OF REQUIREMENTS.—The effec- tive period of a requirement referred to in subsection (a) that is included in a contract for the purpose of the demonstration program may not exceed five years. ‘‘(d) REPORTING REQUIREMENTS.—Not later than Janu- ary 31, 2005, the Secretary of Defense shall submit to Congress a report on the demonstration program, in- cluding the following: ‘‘(1) A description of all contracts that contain re- quirements referred to in subsection (a) for the pur- pose of the demonstration program. ‘‘(2) An evaluation of the demonstration program and a description of the experience of the Secretary with respect to such contracts. ‘‘(3) Any recommendations, including recommenda- tions for the termination, continuation, or expansion of the demonstration program, that the Secretary considers appropriate. ‘‘(e) EXPIRATION.—The authority under subsection (a) to include requirements referred to in that subsection in contracts under the demonstration program shall ex- pire on September 30, 2006. ‘‘(f) FUNDING.—Amounts authorized to be appro- priated for the military departments or defense-wide for a fiscal year for military construction shall be available for the demonstration program under this section in such fiscal year.’’ [Pub. L. 107–314, div. B, title XXVIII, § 2813(d)(2), Dec. 2, 2002, 116 Stat. 2710, provided that: ‘‘The amendment made by paragraph (1) [amending section 2814(f) of Pub. L. 107–107, set out above] shall not affect the avail- ability for the purpose of the demonstration program under section 2814 of the Military Construction Author- ization Act for Fiscal Year 2002, as amended by this section, of any amounts authorized to be appropriated before the date of the enactment of this Act [Dec. 2, 2002] for the Army for military construction that have been obligated for the demonstration program, but not expended, as of that date.’’] REPORT Pub. L. 100–180, div. B, subdiv. 3, title I, § 2302(c), Dec. 4, 1987, 101 Stat. 1215, directed each Secretary who has entered into a contract under this section to submit a report to Committees on Armed Services of Senate and House of Representatives by Feb. 15, 1989, containing date and duration of, other party to, and nature of ac- tivities carried out under each such contract, and rec- ommendations, and reasons therefor, concerning whether authority to enter into contracts under this section should be extended. § 2810. Military construction projects for innova- tion, research, development, test, and evalua- tion (a) PROJECT AUTHORIZATION REQUIRED.—The Secretary of Defense may carry out such mili- tary construction projects for innovation, re- search, development, test, and evaluation as are authorized by law, using funds appropriated or otherwise made available for that purpose. (b) SUBMISSION OF PROJECT PROPOSALS.—As part of the defense budget materials for each fis- cal year, the Secretary of Defense shall include the following information for each military con- struction project covered by subsection (a): (1) The project title. Page 2239 TITLE 10—ARMED FORCES § 2811 (2) The location of the project. (3) A brief description of the scope of work. (4) A completed Department of Defense Form 1391 budget justification that includes the original project cost estimate. (5) A current working cost estimate, if dif- ferent that the cost estimate contained in such Form 1391. (6) Such other information as the Secretary considers appropriate. (c) BUDGET JUSTIFICATION DISPLAY.—The Sec- retary of Defense shall include with the defense budget materials for each fiscal year a consoli- dated budget justification display that individ- ually identifies each military construction project covered by subsection (a) and the amount requested for such project for such fis- cal year. (d) APPLICATION TO MILITARY CONSTRUCTION PROJECTS.—This section shall apply to military construction projects covered by subsection (a) for which a Department of Defense Form 1391 is submitted to the appropriate committees of Congress in connection with the budget of the Department of Defense for fiscal year 2023 and thereafter. (e) ANNUAL FIVE-YEAR PLANS ON IMPROVEMENT OF INNOVATION INFRASTRUCTURE.— (1) SUBMISSION.—Along with the budget for each fiscal year submitted by the President pursuant to section 1105(a) of title 31, each Secretary of a military department and the Secretary of Defense shall submit to the con- gressional defense committees a plan that de- scribes the objectives of that Secretary to im- prove innovation infrastructure during the five fiscal years following the fiscal year for which such budget is submitted. (2) ELEMENTS.—Each plan submitted by a Secretary of a military department under paragraph (1) shall include the following: (A) With respect to the five-year period covered by the plan, an identification of the major lines of effort, milestones, and invest- ment goals of the Secretary over such period relating to the improvement of innovation infrastructure and a description of how such goals support such goals, including the use of— (i) military construction, facilities res- toration and modernization funds; (ii) the defense lab modernization pro- gram under section 2805(d) of this title; and (iii) military construction projects for innovation, research, development, test, and evaluation under this section. (B) The estimated costs of necessary inno- vation infrastructure improvements and a description of how such costs would be ad- dressed by the Department of Defense budg- et request submitted during the same year as the plan and the applicable future-years defense program. (C) Information regarding the plan of the Secretary to initiate such environmental and engineering studies as may be necessary to carry out planned innovation infrastruc- ture improvements. (D) Detailed information regarding how in- novation infrastructure improvement projects will be paced and sequenced to en- sure continuous operations. (3) INCORPORATION OF RESULTS-ORIENTED MAN- AGEMENT PRACTICES.—Each plan under sub- section (a) shall incorporate the leading re- sults-oriented management practices identi- fied in the report of the Comptroller General of the United States titled ‘‘Actions Needed to Improve Poor Conditions of Facilities and Equipment that Affect Maintenance Timeli- ness and Efficiency’’ (GAO–19–242), or any suc- cessor report, including— (A) analytically based goals; (B) results-oriented metrics; (C) the identification of required re- sources, risks, and stakeholders; and (D) regular reporting on progress to deci- sion makers. (4) INNOVATIVE INFRASTRUCTURE DEFINED.—In this subsection, the term ‘‘innovation infra- structure’’ includes laboratories, test and evaluation ranges, and any other infrastruc- ture whose primary purpose is research, devel- opment, test, and evaluation. (Added Pub. L. 117–263, div. B, title XXVIII, § 2805(a), Dec. 23, 2022, 136 Stat. 2994; amended Pub. L. 118–159, div. B, title XXVIII, § 2806(a), Dec. 23, 2024, 138 Stat. 2249.) Editorial Notes PRIOR PROVISIONS A prior section 2810, added Pub. L. 99–499, title II, § 211(b)(1), Oct. 17, 1986, 100 Stat. 1725, related to mili- tary construction projects for environmental response actions, prior to repeal by Pub. L. 107–314, div. A, title III, § 313(b), Dec. 2, 2002, 116 Stat. 2507. AMENDMENTS 2024—Subsec. (e). Pub. L. 118–159 added subsec. (e). Statutory Notes and Related Subsidiaries DEADLINE Pub. L. 118–159, div. B, title XXVIII, § 2806(b), Dec. 23, 2024, 138 Stat. 2250, provided that: ‘‘The first plan re- quired under subsection (e) of such section [meaning 10 U.S.C. 2810] (as amended by subsection (a)) shall be sub- mitted as part of the annual budget submission of the President to Congress pursuant to section 1105(a) of title 31, United States Code, for fiscal year 2027.’’ § 2811. Repair of facilities (a) REPAIRS USING OPERATIONS AND MAINTE- NANCE FUNDS.—Using funds available to the Sec- retary concerned for operation and mainte- nance, the Secretary concerned may carry out repair projects for an entire single-purpose facil- ity or one or more functional areas of a multipurpose facility. (b) APPROVAL REQUIRED FOR MAJOR REPAIRS.— A repair project costing more than $7,500,000 may not be carried out under this section unless approved in advance by the Secretary con- cerned. In determining the total cost of a repair project, the Secretary shall include all phases of a multi-year repair project to a single facility. In considering a repair project for approval, the Secretary shall ensure that the project is con- sistent with force structure plans, that repair of the facility is more cost effective than replace-