10 U.S.C. § 2811

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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 $7,500,000 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.

(d) CONGRESSIONAL NOTIFICATION.-When a decision is made to carry out a repair project under this section with an estimated cost in excess of $7,500,000, the Secretary concerned shall submit, in an electronic medium pursuant to section 480 of this title, 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, including, in the case of a multi-year repair project to a single facility, the total cost of all phases of the project;

(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.

(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.

10 U.S.C. § 2811

Added Pub. L. 99-661, div. A, title III, §315(a), Nov. 14, 1986, 100 Stat. 3854, §2810; renumbered §2811, Pub. L. 100-26, §7(e)(3), Apr. 21, 1987, 101 Stat. 281; amended Pub. L. 103-337, div. B, title XXVIII, §2801(a), Oct. 5, 1994, 108 Stat. 3050; Pub. L. 105-85, div. B, title XXVIII, §2802, Nov. 18, 1997, 111 Stat. 1990; Pub. L. 108-375, div. B, title XXVIII, §2801, Oct. 28, 2004, 118 Stat. 2119; Pub. L. 111-84, div. B, title XXVIII, §2802, Oct. 28, 2009, 123 Stat. 2661; Pub. L. 114-328, div. B, title XXVIII, §2802, Dec. 23, 2016, 130 Stat. 2712; Pub. L. 115-91, div. B, title XXVIII, §2801(a)(8), Dec. 12, 2017, 131 Stat. 1841.

EDITORIAL NOTES

AMENDMENTS2017-Subsec. (d). Pub. L. 115-91 inserted ",in an electronic medium pursuant to section 480 of this title," after "shall submit" in introductory provisions.2016-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." 2009-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." 2004-Subsec. (b). Pub. L. 108-375, §2801(a), substituted "$7,500,000" for "$5,000,000".Subsec. (d). Pub. L. 108-375, §2801(b), substituted "$7,500,000" for "$10,000,000" in introductory provisions.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".1997-Subsecs. (d), (e). Pub. L. 105-85 added subsecs. (d) and (e).1994- 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."

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.