
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 2801]
[CITE: 10USC2805]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
                   SUBCHAPTER I--MILITARY CONSTRUCTION
 
Sec. 2805. Unspecified minor construction

    (a)(1) Except as provided in paragraph (2), within an amount equal 
to 125 percent of the amount authorized by law for such purpose, the 
Secretary concerned may carry out unspecified minor military 
construction projects not otherwise authorized by law. An unspecified 
minor military construction project is a military construction project 
that has an approved cost equal to or less than $1,500,000. However, if 
the military construction project is intended solely to correct a 
deficiency that is life-threatening, health-threatening, or safety-
threatening, an unspecified minor military construction project may have 
an approved cost equal to or less than $3,000,000.
    (2) A Secretary may not use more than $5,000,000 for exercise-
related unspecified minor military construction projects coordinated or 
directed by the Joint Chiefs of Staff outside the United States during 
any fiscal year.
    (b)(1) An unspecified minor military construction project costing 
more than $500,000 may not be carried out under this section unless 
approved in advance by the Secretary concerned. This paragraph shall 
apply even though the project is to be carried out using funds made 
available to enhance the deployment and mobility of military forces and 
supplies.
    (2) When a decision is made to carry out an unspecified minor 
military construction project to which paragraph (1) is applicable, the 
Secretary concerned shall notify in writing the appropriate committees 
of Congress of that decision, of the justification for the project, and 
of the estimated cost of the project. The project may then be carried 
out only after the end of the 21-day period beginning on the date the 
notification is received by the committees.
    (c)(1) Except as provided in paragraphs (2) and (3), the Secretary 
concerned may spend from appropriations available for operation and 
maintenance amounts necessary to carry out an unspecified minor military 
construction project costing not more than--
        (A) $1,000,000, in the case of an unspecified minor military 
    construction project intended solely to correct a deficiency that is 
    life-threatening, health-threatening, or safety-threatening; or
        (B) $500,000, in the case of any other unspecified minor 
    military construction project.

    (2) The authority provided in paragraph (1) may not be used with 
respect to any exercise-related unspecified minor military construction 
project coordinated or directed by the Joint Chiefs of Staff outside the 
United States.
    (3) The limitations specified in paragraph (1) shall not apply to an 
unspecified minor military construction project if the project is to be 
carried out using funds made available to enhance the deployment and 
mobility of military forces and supplies.
    (d) Military family housing projects for construction of new housing 
units may not be carried out under the authority of this section.

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 155; amended 
Pub. L. 99-167, title VIII, Sec. 809, Dec. 3, 1985, 99 Stat. 989; Pub. 
L. 99-661, div. B, title VII, Sec. 2702(a), Nov. 14, 1986, 100 Stat. 
4040; Pub. L. 100-180, div. B, subdiv. 3, title I, Sec. 2310, Dec. 4, 
1987, 101 Stat. 1217; Pub. L. 101-510, div. A, title XIII, 
Sec. 1301(16), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 102-190, div. B, 
title XXVIII, Secs. 2807, 2870(4), Dec. 5, 1991, 105 Stat. 1540, 1563; 
Pub. L. 104-106, div. B, title XXVIII, Secs. 2811(a), 2812, Feb. 10, 
1996, 110 Stat. 552; Pub. L. 104-201, div. B, title XXVIII, 
Sec. 2801(a), Sept. 23, 1996, 110 Stat. 2787; Pub. L. 105-85, div. B, 
title XXVIII, Sec. 2801, Nov. 18, 1997, 111 Stat. 1989.)


                               Amendments

    1997--Subsec. (a)(1). Pub. L. 105-85, Sec. 2801(c)(1), substituted 
``unspecified minor military construction projects'' for ``minor 
military construction projects'', ``An unspecified minor'' for ``A 
minor'', and ``an unspecified minor'' for ``a minor''.
    Subsec. (b)(1). Pub. L. 105-85, Sec. 2801(c)(2), substituted ``An 
unspecified minor'' for ``A minor''.
    Pub. L. 105-85, Sec. 2801(a), inserted at end ``This paragraph shall 
apply even though the project is to be carried out using funds made 
available to enhance the deployment and mobility of military forces and 
supplies.''
    Subsec. (b)(2). Pub. L. 105-85, Sec. 2801(c)(3), substituted ``an 
unspecified minor'' for ``a minor''.
    Subsec. (c)(1). Pub. L. 105-85, Sec. 2801(c)(4), substituted 
``unspecified minor military'' for ``unspecified military'' wherever 
appearing.
    Pub. L. 105-85, Sec. 2801(b)(1), substituted ``paragraphs (2) and 
(3)'' for ``paragraph (2)'' in introductory provisions.
    Subsec. (c)(2). Pub. L. 105-85, Sec. 2801(c)(4), substituted 
``unspecified minor military'' for ``unspecified military''.
    Subsec. (c)(3). Pub. L. 105-85, Sec. 2801(b)(2), added par. (3).
    1996--Subsec. (a)(1). Pub. L. 104-106, Sec. 2812, in second 
sentence, struck out ``(1) that is for a single undertaking at a 
military installation, and (2)'' after ``is a military construction 
project''.
    Pub. L. 104-106, Sec. 2811(a)(1), inserted at end ``However, if the 
military construction project is intended solely to correct a deficiency 
that is life-threatening, health-threatening, or safety-threatening, a 
minor military construction project may have an approved cost equal to 
or less than $3,000,000.''
    Subsec. (c)(1). Pub. L. 104-106, Sec. 2811(a)(2), substituted ``not 
more than--'' for ``not more than $300,000.'' and added subpars. (A) and 
(B).
    Subsec. (c)(1)(B). Pub. L. 104-201 substituted ``$500,000'' for 
``$300,000''.
    1991--Subsec. (a)(1). Pub. L. 102-190, Sec. 2807(a), substituted 
``$1,500,000'' for ``$1,000,000''.
    Subsec. (b)(2). Pub. L. 102-190, Sec. 2870(4), in second sentence 
struck out ``(A)'' after ``carried out only'' and ``, or (B) after each 
such committee approves the project, if the committees approve the 
project before the end of that period'' before period at end.
    Subsec. (c)(1). Pub. L. 102-190, Sec. 2807(b), substituted 
``$300,000'' for ``$200,000''.
    1990--Subsec. (b)(3). Pub. L. 101-510 struck out par. (3) which read 
as follows: ``A project for the relocation of any activity from one 
installation to another that involves 25 or more full-time civilian 
employees of the Department of Defense but that is not subject to 
paragraph (1) may not be carried out under the authority of this section 
until the appropriate committees of Congress have been notified by the 
Secretary concerned of the intent to carry out such relocation under the 
authority of this section.''
    1987--Subsec. (a). Pub. L. 100-180, Sec. 2310(b), designated 
existing provisions as par. (1), substituted ``Except as provided in 
paragraph (2), within'' for ``Within'', and added par. (2).
    Subsec. (c). Pub. L. 100-180, Sec. 2310(a), designated existing 
provisions as par. (1), substituted ``Except as provided in paragraph 
(2), the'' for ``The'', and added par. (2).
    1986--Subsec. (a). Pub. L. 99-661, Sec. 2702(a)(1), substituted 
``$1,000,000'' for ``the amount specified by law as the maximum amount 
for a minor military construction project''.
    Subsec. (b)(1). Pub. L. 99-661, Sec. 2702(a)(2), substituted 
``$500,000'' for ``50 percent of the amount specified by law as the 
maximum amount for a minor military construction project''.
    Subsec. (c). Pub. L. 99-661, Sec. 2702(a)(3), substituted 
``$200,000'' for ``20 percent of the amount specified by law as the 
maximum amount for a minor military construction project''.
    1985--Subsec. (a). Pub. L. 99-167, Sec. 809(1), inserted ``an amount 
equal to 125 percent of''.
    Subsec. (c). Pub. L. 99-167, Sec. 809(2), substituted ``The'' for 
``Only funds authorized for minor construction projects may be used to 
accomplish unspecified minor construction projects, except that the''.


                             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.


  Department of Defense Laboratory Revitalization Demonstration Program

    Section 2892 of Pub. L. 104-106, as amended by Pub. L. 105-261, div. 
B, title XXVIII, Sec. 2871, Oct. 17, 1998, 112 Stat. 2225, provided 
that:
    ``(a) Program Authorized.--The Secretary of Defense may carry out a 
program (to be known as the `Department of Defense Laboratory 
Revitalization Demonstration Program') for the revitalization of 
Department of Defense laboratories. Under the program, the Secretary may 
carry out minor military construction projects in accordance with 
subsection (b) and other applicable law to improve Department of Defense 
laboratories covered by the program.
    ``(b) Increased Maximum Amounts Applicable to Minor Construction 
Projects.--For purpose of any military construction project carried out 
under the program--
        ``(1) the amount provided in the second sentence of subsection 
    (a)(1) of section 2805 of title 10, United States Code, shall be 
    deemed to be $3,000,000;
        ``(2) the amount provided in subsection (b)(1) of such section 
    shall be deemed to be $1,500,000; and
        ``(3) the amount provided in subsection (c)(1)(B) of such 
    section shall be deemed to be $1,000,000.
    ``(c) Program Requirements.--(1) Not later than 30 days before 
commencing the program, the Secretary shall establish procedures for the 
review and approval of requests from Department of Defense laboratories 
for construction under the program.
    ``(2) The laboratories at which construction may be carried out 
under the program may not include Department of Defense laboratories 
that are contractor-owned.
    ``(d) Report.--Not later than February 1, 2003, the Secretary shall 
submit to Congress a report on the program. The report shall include the 
Secretary's conclusions and recommendation regarding the desirability of 
making the authority set forth under subsection (b) permanent.
    ``(e) Exclusivity of Program.--Nothing in this section may be 
construed to limit any other authority provided by law for any military 
construction project at a Department of Defense laboratory covered by 
the program.
    ``(f) Definitions.--In this section:
        ``(1) The term `laboratory' includes--
            ``(A) a research, engineering, and development center;
            ``(B) a test and evaluation activity owned, funded, and 
        operated by the Federal Government through the Department of 
        Defense; and
            ``(C) a supporting facility of a laboratory.
        ``(2) The term `supporting facility', with respect to a 
    laboratory, means any building or structure that is used in support 
    of research, development, test, and evaluation at the laboratory.
    ``(g) Expiration of Authority.--The Secretary may not commence a 
construction project under the program after September 30, 2003.''


Initial Establishment of Certain Amounts Required To Be Specified by Law

    Maximum amount of $1,000,000 for unspecified minor military 
construction project under this section during the period beginning Oct. 
1, 1982, and ending on the date of the enactment of the Military 
Construction Authorization Act for fiscal year 1984 or Oct. 1, 1983, 
whichever is later, see section 11(1) of Pub. L. 97-214, set out as a 
note under section 2828 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2208, 2806, 2853, 2861, 
2867, 18233a of this title.
