10 U.S.C. § 2851 — Untitled legal text

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- retary 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 re- quired 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 au- thorized for the operation and maintenance of military family housing. (C) Each project carried out with funds au- thorized for the improvement of military fam- ily housing units. (D) Each unspecified minor construction project carried out under the authority of sec- tion 2805(a) of this title. (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, mili- tary department Facilities Sustainment, Res- toration, and Modernization project, or mili- tary family housing project regarding which a statutory requirement exists to notify Con- gress. (2) The information to be provided via the Internet site required by paragraph (1) for each project described in such paragraph shall in- clude 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 pro- posed 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 com- pleted 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 de- sign, unspecified minor construction, and fam- ily housing operation and maintenance, de- tailed 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 prac- ticable, but not less frequently than once a month, to ensure that the information is avail- able 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 sub- section (b) (as applicable) shall submit to the ap- propriate committees of Congress a report on the intended supervision, inspection, and over- head plan to manage such military construction project. Each such report shall include the fol- lowing: (1) A determination of the overall funding intended to manage the supervision, inspec- tion, and overhead of the military construc- tion 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 ap- proach to the military construction project. (4) The independent cost estimate described in section 3221(b)(6)(A) of this title. (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 Page 2271 TITLE 10—ARMED FORCES § 2851a military construction project or military family housing project for which, as of the end of the most recent fiscal year, the estimated comple- tion date is more than 1 year later than the completion date proposed at the time the con- tract for the project was awarded. (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 163; amended Pub. L. 109–163, div. B, title XXVIII, § 2803(a), (c), Jan. 6, 2006, 119 Stat. 3505, 3506; Pub. L. 111–383, div. B, title XXVIII, § 2801, Jan. 7, 2011, 124 Stat. 4458; Pub. L. 115–91, div. B, title XXVIII, § 2822, Dec. 12, 2017, 131 Stat. 1855; Pub. L. 117–81, div. B, title XXVIII, § 2801(a), Dec. 27, 2021, 135 Stat. 2184; Pub. L. 117–263, div. B, title XXVIII, § 2806(a), Dec. 23, 2022, 136 Stat. 2995.) Editorial Notes AMENDMENTS 2022—Subsecs. (d), (e). Pub. L. 117–263 added subsec. (d) and redesignated former subsec. (d) as (e). 2021—Subsec. (c)(1)(E). Pub. L. 117–81, § 2801(a)(2), added subpar. (E). Former subpar. (E) redesignated (F). Subsec. (c)(1)(F). Pub. L. 117–81, § 2801(a)(1), (3), redes- ignated subpar. (E) as (F) and inserted ‘‘, military de- partment Facilities Sustainment, Restoration, and Modernization project,’’ after ‘‘construction project’’. 2017—Subsec. (d). Pub. L. 115–91 added subsec. (d). 2011—Subsec. (c)(1). Pub. L. 111–383, § 2801(c)(1), sub- stituted ‘‘that will permit a person’’ for ‘‘that, when activated by a person authorized under paragraph (3), will permit the person’’. Subsec. (c)(2)(F) to (H). Pub. L. 111–383, § 2801(a), re- designated subpars. (G) and (H) as (F) and (G), respec- tively, and struck out former subpar. (F) which read as follows: ‘‘The estimated final cost of the project and, if the estimated final cost of the project exceeds the amount appropriated for the project and funds have been provided from another source to meet the in- creased cost, the source of the funds and the amount provided.’’ Subsec. (c)(3), (4). Pub. L. 111–383, § 2801(b), (c)(2), re- designated par. (4) as (3), substituted ‘‘on the Internet site required by such paragraph’’ for ‘‘to the persons re- ferred to in paragraph (3)’’ and struck out ‘‘to such per- sons’’ before ‘‘in a timely manner’’, and struck out former par. (3) which read as follows: ‘‘Access to the Internet site required by paragraph (1) shall be re- stricted to the following persons: ‘‘(A) Members of the congressional defense commit- tees and their staff. ‘‘(B) Staff of the congressional defense commit- tees.’’ 2006—Subsecs. (a), (b). Pub. L. 109–163, § 2803(c), in- serted headings. Subsec. (c). Pub. L. 109–163, § 2803(a), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–263, div. B, title XXVIII, § 2806(c), Dec. 23, 2022, 136 Stat. 2995, provided that: ‘‘This section [amending this section and section 3221 of this title] and the amendments made by this section shall apply to contracts entered into on or after the date of the en- actment of this Act [Dec. 23, 2022].’’ 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. APPLICATION OF AMENDMENT BY PUB. L. 117–81 Pub. L. 117–81, div. B, title XXVIII, § 2801(b), Dec. 27, 2021, 135 Stat. 2184, provided that: ‘‘Subparagraph (E) of section 2851(c)(1) of title 10, United States Code, as added by subsection (a)(2), and subparagraph (F) of such section, as amended by subsection (a)(3), shall apply with respect to a military department Facilities Sustainment, Restoration, and Modernization project described in such subparagraphs for which an award of a contract or delivery order for the project is made on or after June 1, 2022.’’ IMPLEMENTATION OF INTERNET SITE Pub. L. 109–163, div. B, title XXVIII, § 2803(b), Jan. 6, 2006, 119 Stat. 3506, provided that: ‘‘The Internet site re- quired by subsection (c) of section 2851 of title 10, United States Code, as added by subsection (a), shall be available to the persons referred to in paragraph (3) of such subsection not later than July 15, 2006.’’ IDENTIFICATION OF REQUIREMENTS TO REDUCE BACKLOG IN MAINTENANCE AND REPAIR OF DEFENSE FACILITIES Pub. L. 106–398, § 1 [[div. A], title III, § 374], Oct. 30, 2000, 114 Stat. 1654, 1654A–81, which required the Sec- retary of Defense to submit to Congress, not later than March 15, 2001, a report identifying a list of require- ments to reduce the backlog in maintenance and repair needs of facilities and infrastructure under the jurisdic- tion of the Department of Defense or a military depart- ment, which report was to be updated annually, was re- pealed by Pub. L. 112–81, div. A, title X, § 1062(i)(1), Dec. 31, 2011, 125 Stat. 1585. § 2851a. Supervision of military housing by Chief Housing Officer (a) IN GENERAL.—The Assistant Secretary of Defense for Energy, Installations, and Environ- ment shall serve as the Chief Housing Officer, who shall oversee family housing and military unaccompanied housing under the jurisdiction of the Department of Defense or acquired or con- structed under subchapter IV of this chapter (in this section referred to as ‘‘covered housing units’’). (b) PRINCIPAL DUTIES.—(1) The Chief Housing Officer shall oversee all aspects of the provision of covered housing units, including the fol- lowing: (A) Creation and standardization of policies and processes regarding covered housing units. (B) Oversight of the administration of any Department of Defense-wide policies regarding covered housing units, to include, in coordina- tion with the Secretaries of the military de- partments, the housing documents developed pursuant to section 2890 of this title entitled Military Housing Privatization Initiative Ten- ant Bill of Rights and Military Housing Pri- vatization Initiative Tenant Responsibilities. (2) The duties specified in paragraph (1) may not be further delegated. (Added Pub. L. 116–92, div. B, title XXX, § 3012(a), Dec. 20, 2019, 133 Stat. 1921, § 2890a; renumbered § 2851a and amended Pub. L. 116–283, div. B, title XXVIII, § 2811(a), Jan. 1, 2021, 134 Stat. 4323; Pub. L. 117–263, div. B, title XXVIII, § 2807, Dec. 23, 2022, 136 Stat. 2995.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263 amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘(1) The Secretary of Defense shall designate, from among officials of the Department of Defense who are appointed by the President with the advice and consent