10 U.S.C. § 2801

Current through P.L. 117-39 (published on www.congress.gov on 08/31/2021)
Section 2801 - Scope of chapter; definitions
(a) The term "military construction" as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in section 210 of title 23).
(b) A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law).
(c) In this chapter and chapter 173 of this title:
(1) The term "appropriate committees of Congress" means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2) The term "facility" means a building, structure, or other improvement to real property.
(3) The term "life-cycle cost-effective", with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure.
(4) The term "military installation" means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department or, in the case of an activity in a foreign country, under the operational control of the Secretary of a military department or the Secretary of Defense, without regard to the duration of operational control.
(5) The term "Secretary concerned" includes the Secretary of Defense with respect to matters concerning the Defense Agencies.
(d) This chapter (other than sections 2830,1 2835, and 2836 of this chapter) does not apply to the Coast Guard or to civil works projects of the Army Corps of Engineers.

1 See References in Text note below.

10 U.S.C. § 2801

Added Pub. L. 97-214, §2(a), July 12, 1982, 96 Stat. 153; amended Pub. L. 100-26, §7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 100-180, div. A, title VI, §632(b)(1), title XII, §1231(15), div. B, subdiv. 3, title I, §2306(b), Dec. 4, 1987, 101 Stat. 1105, 1160, 1216; Pub. L. 102-484, div. A, title X, §1052(37), Oct. 23, 1992, 106 Stat. 2501; Pub. L. 102-496, title IV, §403(b), Oct. 24, 1992, 106 Stat. 3185; Pub. L. 104-106, div. A, title XV, §1502(a)(10), Feb. 10, 1996, 110 Stat. 503; Pub. L. 106-65, div. A, title X, §1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108-136, div. A, title X, §1043(b)(16), div. B, title XXVIII, §2801, Nov. 24, 2003, 117 Stat. 1611, 1719; Pub. L. 109-163, div. A, title X, §1056(c)(9), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 109-364, div. B, title XXVIII, §2851(b)(4), Oct. 17, 2006, 120 Stat. 2495; Pub. L. 110-181, div. B, title XXVIII, §2802(b), Jan. 28, 2008, 122 Stat. 539; Pub. L. 110-417, div. B, title XXVIII, §2801(a), Oct. 14, 2008, 122 Stat. 4719.

REFERENCES IN TEXTSection 2830 of this chapter, referred to in subsec. (d), was repealed by Pub. L. 116-283, div. B, title XXVIII, §2812(a), Jan. 1, 2021, 134 Stat. 4326.

AMENDMENTS2008-Subsec. (a). Pub. L. 110-181 inserted ", or any acquisition of land or construction of a defense access road (as described in section 210 of title 23)" before period at end.Subsec. (c). Pub. L. 110-417 added par. (3) and redesignated former pars. (4), (1), (2), and (3) as (1), (2), (4), and (5), respectively. 2006-Subsec. (c). Pub. L. 109-364 inserted "and chapter 173 of this title" after "this chapter" in introductory provisions. Subsec. (d). Pub. L. 109-163 substituted "sections 2830, 2835, and 2836 of this chapter" for "sections 2830 and 2835". 2003-Subsec. (a). Pub. L. 108-136, §2801(a), inserted before period at end ", whether to satisfy temporary or permanent requirements".Subsec. (c)(2). Pub. L. 108-136, §2801(b), inserted before period at end ", without regard to the duration of operational control".Subsec. (c)(4). Pub. L. 108-136, §1043(b)(16), substituted "the congressional defense committees" for "the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives".1999-Subsec. (c)(4). Pub. L. 106-65 substituted "and the Committee on Armed Services" for "and the Committee on National Security". 1996-Subsec. (c)(4). Pub. L. 104-106 substituted "the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the" for "the Committees on Armed Services and on Appropriations of the Senate and". 1992-Subsec. (c)(4). Pub. L. 102-496 inserted before period at end "and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate".Subsec. (d). Pub. L. 102-484 substituted "sections 2830 and 2835" for "sections 2828(g) and 2830".1987-Subsec. (c). Pub. L. 100-26 inserted "The term" after each par. designation and struck out uppercase letter of first word after first quotation marks in pars. (1), (2), and (4) and substituted lowercase letter.Subsec. (c)(3). Pub. L. 100-180, §1231(15), substituted "Defense Agencies" for "defense agencies". Subsec. (d). Pub. L. 100-180, §2306(b), substituted "(other than sections 2828(g) and 2830)" for "(other than section 2830)".Pub. L. 100-180, §632(b)(1), inserted "(other than section 2830)" after "This chapter".

EFFECTIVE DATEPub. L. 97-214, §12, July 12, 1982, 96 Stat. 176, provided:"(a) Except as provided in subsection (b), the amendments made by this Act [see Short Title of 1982 Amendment note below] shall take effect on October 1, 1982, and shall apply to military construction projects, and to construction and acquisition of military family housing, authorized before, on, or after such date. "(b) The amendment made by section 4 [amending section 138(f)(1) [now 114(b)] of this title] shall apply with respect to funds appropriated for fiscal years beginning after September 30, 1983."

SHORT TITLE OF 1982 AMENDMENTPub. L. 97-214, §1, July 12, 1982, 96 Stat. 153, provided that: "This Act [see Tables for classification] may be cited as the 'Military Construction Codification Act'."

TRANSFER OF FUNCTIONSFor transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d),and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

PILOT PROGRAM TO SUPPORT COMBATANT COMMAND MILITARY CONSTRUCTION PRIORITIESPub. L. 116-283, div. B, title XXVIII, §28632863,, 134 Stat. 4358, provided that: "(a) PILOT PROGRAM.-The Secretary of Defense shall conduct a pilot program to evaluate the usefulness of reserving a portion of the military construction funds of the military departments to help the combatant commands satisfy their military construction priorities in a timely manner. "(b) LOCATION.-The Secretary of Defense shall conduct the pilot program for the benefit of the United States Indo-Pacific Command in the area of responsibility of the United States Indo-Pacific Command. "(c) REQUIRED INVESTMENT.-For each fiscal year during which the pilot program is conducted, the Secretary of Defense shall reserve to carry out military construction projects under the pilot program an amount equal to 10 percent of the total amount authorized to be appropriated for military construction projects by titles XXI, XXII, and XXIII of the Military Construction Authorization Act for that fiscal year. "(d) COMMENCEMENT AND DURATION.-"(1) COMMENCEMENT.-The Secretary of Defense shall commence the pilot program no later than October 1, 2023. The Secretary may commence the pilot program as early as October 1, 2022, if the Secretary determines that compliance with the reservation of funds requirement under subsection (c) is practicable beginning with fiscal year 2023. "(2) DURATION.-The pilot program shall be in effect for the fiscal year in which the Secretary commences the pilot program, as described in paragraph (1), and the subsequent two fiscal years. Any construction commenced under the pilot program before the expiration date may continue to completion."(e) PROGRESS REPORT.-Not later than February 15 of the final fiscal year of the pilot program, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report evaluating the success of the pilot program in improving the timeliness of the United States Indo-Pacific Command in achieving its military construction priorities. The Secretary shall include in the report-"(1) an evaluation of the likely positive and negative impacts were the pilot program extended or made permanent and, if extended or made permanent, the likely positive and negative impacts of expansion to cover all or additional combatant commands; and "(2) the recommendations of the Secretary regarding whether the pilot program should be extended or made permanent and expanded."

PERMITTING MACHINE ROOM-LESS ELEVATORS IN DEPARTMENT OF DEFENSE FACILITIES Pub. L. 115-91, div. B, title XXVIII, §28752875,, 131 Stat. 1871, provided that: "(a) IN GENERAL.-The Secretary of Defense shall issue modifications to all relevant construction and facilities specifications to ensure that machine room-less elevators (MRLs) are not prohibited in buildings and facilities throughout the Department of Defense, including modifications to the Unified Facilities Guide Specifications (UFGS), the Naval Facilities Engineering Command Interim Technical Guidance, and the Army Corps of Engineers Engineering and Construction Bulletin. "(b) CONFORMING TO BEST PRACTICES.-In addition to the modifications required under subsection (a), the Secretary may issue further modifications to conform generally with commercial best practices as reflected in the safety code for elevators and escalators as issued by the American Society of Mechanical Engineers."(c) DEADLINES.-The Secretary shall promulgate interim MRL standards not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017], and shall issue final and formal MRL specifications not later than 1 year after the date of the enactment of this Act."(d) REPORT.-Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue a report to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] on the integration and utilization of MRLs, including information on quantity, location, problems, and successes."

includes
"includes" means "includes but is not limited to"; and
Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
congressional defense committees
The term "congressional defense committees" means- (A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
military departments
The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.