§ 2811. Repair of facilities

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Department of Defense Authorization Act, 1987

   Pub. L. 99–661 div. A title III § 315(a) · 100 Stat. 3816

   Enacted · 10 U.S.C. § 2811

   Added Pub. L. 99–661, div. A, title III, § 315(a), Nov. 14, 1986, 100 Stat. 3854, § 2810

   Source evidence

   Code source credit
   Added Pub. L. 99–661, div. A, title III, § 315(a), Nov. 14, 1986, 100 Stat. 3854, § 2810

   Enacted provision · exact public law section
   (a) In General.— Chapter 169 of title 10, United States Code, is amended by adding at the end of subchapter I the following new section: “§ 2810. Renovation of facilities “(a) The Secretary concerned may carry out renovation projects that combine maintenance, repair, and minor construction projects for an entire single-purpose facility, or one or more functional areas of a multipurpose facility, using funds available for operations and maintenance. “(b) The amount obligated on such a renovation project may not exceed the maximum amount specified by law for a minor construction project under section 2805 of this title. “(c) Construction of new facilities or additions to existing facilities may not be carried out under the authority of this section.”.

2. 1994

   Military Construction Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. B title XXVIII § 2801(a) · 108 Stat. 2663

   1. Substituted · 10 U.S.C. § 2811

      Pub. L. 103–337 substituted “Repair” for “Renovation” in section catchline

   2. Amended · 10 U.S.C. § 2811

      Pub. L. 103–337 amended text generally. Prior to amendment, text read as follows:

   Source evidence

   Code amendment note
   Pub. L. 103–337 substituted “Repair” for “Renovation” in section catchline and amended text generally. Prior to amendment, text read as follows:

   “(a) The Secretary concerned may carry out renovation projects that combine maintenance, repair, and minor construction projects for an entire single-purpose facility, or one or more functional areas of a multipurpose facility, using funds available for operations and maintenance. “(b) The amount obligated on such a renovation project may not exceed the maximum amount specified by law for a minor construction project under section 2805 of this title. “(c) Construction of new facilities or additions to existing facilities may not be carried out under the authority of this section.”

   Enacted provision · exact public law section
   (a) Application of Limitation To Major Repairs.— Section 2811 of title 10, United States Code, is amended to read as follows: “§2811. Repair of facilities “(a) Repairs Using Operations and Maintenance Funds.— Using funds available to the Secretary concerned for operation and maintenance, the Secretary concerned may carry out repair projects for an entire single-purpose facility or one or more functional areas of a multipurpose facility. “(b) Approval Required for Major Repairs.— A repair project costing more than $5,000,000 may not be carried out under this section unless approved in advance by the Secretary concerned. 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 consistent with force structure plans, that repair of the facility is more cost effective than replacement, and that the project is an appropriate use of operation and maintenance funds. “(c) Prohibition on New Construction or Additions.— Construction of new facilities or additions to existing facilities may not be carried out under the authority of this section.”.

3. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. B title XXVIII § 2802 · 111 Stat. 1629

   Added · 10 U.S.C. § 2811(d); 10 U.S.C. § 2811(e)

   Pub. L. 105–85 added subsecs. (d) and (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 105–85 added subsecs. (d) and (e).

   Enacted provision · exact public law section
   SEC. 2802. LIMITATION ON USE OF OPERATION AND MAINTENANCE FUNDS FOR FACILITY REPAIR PROJECTS. Section 2811 of title 10, United States Code, is amended by adding at the end the following new subsections: “(d) Congressional Notification.— When a decision is made to carry out a repair project under this section with an estimated cost in excess of $10,000,000, the Secretary concerned shall submit to the appropriate committees of Congress a report containing— “(1) the justification for the repair project and the current estimate of the cost of the project; and “(2) the justification for carrying out the project under this section. “(e) Repair Project Defined.— In this section, the term ‘repair project’ means a project to restore a real property facility, system, or component to such a condition that it may effectively be used for its designated functional purpose ”.

4. 2004

   Military Construction Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 2801(a) · 118 Stat. 1811

   Substituted · 10 U.S.C. § 2811(b)

   Pub. L. 108–375, § 2801(a), substituted “$7,500,000” for “$5,000,000”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 108–375, § 2801(a), substituted “$7,500,000” for “$5,000,000”.

   Enacted provision · exact public law section
   (a) Increase in Threshold for Approval Requirement.— Subsection (b) of section 2811 of title 10, United States Code, is amended by striking “$5,000,000” and inserting “$7,500,000”.

5. 2004

   Military Construction Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 2801(b) · 118 Stat. 1811

   Substituted · 10 U.S.C. § 2811(d)

   Pub. L. 108–375, § 2801(b), substituted “$7,500,000” for “$10,000,000” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 108–375, § 2801(b), substituted “$7,500,000” for “$10,000,000” in introductory provisions.

   Enacted provision · exact public law section
   (b) Decrease in Threshold for Congressional Notification.— Subsection (d) of such section is amended by striking “$10,000,000” and inserting “$7,500,000”.

6. 2004

   Military Construction Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 2801(c) · 118 Stat. 1811

   Inserted · 10 U.S.C. § 2811(d)(1)

   Pub. L. 108–375, § 2801(c), inserted before semicolon “, including, in the case of a multi-year repair project to a single facility, the total cost of all phases of the project”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 108–375, § 2801(c), inserted before semicolon “, including, in the case of a multi-year repair project to a single facility, the total cost of all phases of the project”.

   Enacted provision · exact public law section
   (c) Information Required in Cost Estimate for Multi-Year Projects.— Subsection (d)(1) of such section is amended by inserting before the semicolon the following: “, including, in the case of a multi-year repair project to a single facility, the total cost of all phases of the project”.

7. 2009

   Military Construction Authorization Act for Fiscal Year 2010

   Pub. L. 111–84 div. B title XXVIII § 2802 · 123 Stat. 2190

   1. Added · 10 U.S.C. § 2811(d)(2); 10 U.S.C. § 2811(d)(3)

      Pub. L. 111–84 added pars. (2) and (3)

   2. Struck · 10 U.S.C. § 2811(d)(2); 10 U.S.C. § 2811(d)(3)

      Pub. L. 111–84 struck out former par. (2) which read as follows: “the justification for carrying out the project under this section.”

   Source evidence

   Code amendment note
   Subsec. (d)(2), (3). Pub. L. 111–84 added pars. (2) and (3) and struck out former par. (2) which read as follows: “the justification for carrying out the project under this section.”

   Enacted provision · exact public law section
   SEC. 2802. CONGRESSIONAL NOTIFICATION OF FACILITY REPAIR PROJECTS CARRIED OUT USING OPERATION AND MAINTENANCE FUNDS.   Section 2811(d) of title 10, United States Code, is amended— (1) in paragraph (1), by striking “and” at the end; and (2) by striking paragraph (2) and inserting the following new paragraphs: “(2) if the current estimate of the cost of the repair project exceeds 75 percent of the estimated cost of a military construction project to replace the facility, an explanation of the reasons why replacement of the facility is not in the best interest of the Government; and “(3) a description of the elements of military construction, including the elements specified in section 2802(b) of this title, incorporated into the repair project.” .

8. 2016

   Military Construction Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. B title XXVIII § 2802 · 130 Stat. 2000

   Amended · 10 U.S.C. § 2811(e)

   Pub. L. 114–328 amended subsec. (e) generally. Prior to amendment, text read as follows: “In this section, the term ‘repair project’ means a project to restore a real property facility, system, or component to such a condition that it may effectively be used for its designated functional purpose.”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 114–328 amended subsec. (e) generally. Prior to amendment, text read as follows: “In this section, the term ‘repair project’ means a project to restore a real property facility, system, or component to such a condition that it may effectively be used for its designated functional purpose.”

   Enacted provision · exact public law section
   SEC. 2802. CLASSIFICATION OF FACILITY CONVERSION PROJECTS AS REPAIR PROJECTS.   Subsection (e) of section 2811 of title 10, United States Code, is amended to read as follows: “(e) Repair Project Defined.— In this section, the term ‘repair project’ means a project— “(1) to restore a real property facility, system, or component to such a condition that it may effectively be used for its designated functional purpose; or “(2) to convert a real property facility, system, or component to a new functional purpose without increasing its external dimensions.” .

9. 2017

   Military Construction Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 div. B title XXVIII § 2801(a)(8) · 131 Stat. 1283

   Inserted · 10 U.S.C. § 2811(d)

   Pub. L. 115–91 inserted “, in an electronic medium pursuant to section 480 of this title,” after “shall submit” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 115–91 inserted “, in an electronic medium pursuant to section 480 of this title,” after “shall submit” in introductory provisions.

   Enacted provision · exact public law section
   (8) Section 2811(d) is amended by inserting after “submit” the following: “, in an electronic medium pursuant to section 480 of this title,”.

11 of 11 references resolved to an enrolled provision