
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2811]

 
                         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. 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.
    (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.

(Added Pub. L. 99-661, div. A, title III, Sec. 315(a), Nov. 14, 1986, 
100 Stat. 3854, Sec. 2810; renumbered Sec. 2811, Pub. L. 100-26, 
Sec. 7(e)(3), Apr. 21, 1987, 101 Stat. 281; amended Pub. L. 103-337, 
div. B, title XXVIII, Sec. 2801(a), Oct. 5, 1994, 108 Stat. 3050; Pub. 
L. 105-85, div. B, title XXVIII, Sec. 2802, Nov. 18, 1997, 111 Stat. 
1990.)


                               Amendments

    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.''
