
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 2803(a)]
[CITE: 10USC2861]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
  SUBCHAPTER III--ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY 
                             FAMILY HOUSING
 
Sec. 2861. Annual report to Congress

    (a) The Secretary of Defense shall submit a report to the 
appropriate committees of Congress each year with respect to military 
construction activities and military family housing activities. Each 
such report shall be submitted at the same time that the annual request 
for military construction authorization is submitted for that year. 
Except where otherwise provided in this section, information required by 
this section to be provided in the report shall be provided for the two 
most recent fiscal years and for the fiscal year for which the budget 
request is made.
    (b) Each report under subsection (a) shall include the following:
        (1) A statement of the construction status and a fiscal summary 
    of the military construction projects undertaken under, and the 
    amounts authorized and appropriated for, contingency construction 
    under section 2804 of this title.
        (2) Information to enable the committees to evaluate the 
    relationships between budget requests for appropriations for 
    unspecified minor construction projects under section 2805 of this 
    title and obligations of appropriated funds for projects under such 
    section. Such information shall include comparisons of budget 
    requests and obligations using military construction appropriations 
    and using operations and maintenance appropriations, maintenance and 
    repair backlog, and obligations for maintenance and repair.
        (3) Information to enable the committees to monitor trends in 
    construction started using funds contributed by the United States 
    under section 2806 of this title to the North Atlantic Treaty 
    Organization Security Investment program and the status of 
    recoupments under that program.
        (4) Information to enable the committees to evaluate trends in 
    contracting for architect and engineering services and construction 
    design, and trends in accomplishing design of construction projects 
    by Government employees, under the authority of section 2807 of this 
    title.
        (5) Information to enable the committees to evaluate trends in 
    supervision, inspection, and overhead costs for the dollar amount of 
    military construction accomplished during a fiscal year by a 
    military construction department or agency under the authority of 
    section 2851 of this title.
        (6) A summary of military construction projects (other than a 
    military construction project for an amount less than the amount 
    specified by section 2805(a)(1) of this title as the maximum amount 
    for a minor military construction project) placed under contract 
    during the preceding fiscal year with respect to which a cost 
    variation or scope reduction report was supplied to the appropriate 
    committees of Congress under section 2853 of this title. There shall 
    also be included an analysis to indicate whether the cost variation 
    was the result of a lack of competition, quality of plans and 
    specifications, or quality of budget estimates, or of other factors.
        (7) Information to enable the committees to evaluate the use of 
    the authority provided under section 2858 of this title to expedite 
    a military construction project when such expediting is required to 
    protect the national interest.
        (8) Information in sufficient detail to enable the committees to 
    monitor trends in design, construction, performance goals, and 
    progress.
        (9) With respect to each contract awarded during the preceding 
    fiscal year on other than a competitive basis to the lowest 
    responsible bidder, the name of the contractor, the original amount 
    of the contract, and the reason for the award of the contract on 
    other than a competitive basis.

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 167; amended 
Pub. L. 100-26, Sec. 7(f)(1), (j)(9), Apr. 21, 1987, 101 Stat. 281, 283; 
Pub. L. 104-106, div. B, title XXVIII, Sec. 2811(b), Feb. 10, 1996, 110 
Stat. 552; Pub. L. 104-201, div. B, title XXVIII, Sec. 2802(d)(1), Sept. 
23, 1996, 110 Stat. 2787.)


                               Amendments

    1996--Subsec. (b)(3). Pub. L. 104-201 substituted ``Security 
Investment program'' for ``Infrastructure program''.
    Subsec. (b)(6). Pub. L. 104-106 substituted ``section 2805(a)(1)'' 
for ``section 2805(a)(2)''.
    1987--Subsec. (b)(6). Pub. L. 100-26, Sec. 7(f)(1), substituted 
``specified by section 2805(a)(2) of this title'' for ``specified by 
law''.
    Subsec. (b)(7). Pub. L. 100-26, Sec. 7(j)(9), inserted ``of this 
title'' after ``section 2858''.


                             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.


  Identification of Requirements To Reduce Backlog in Maintenance and 
                      Repair of Defense Facilities

    Pub. L. 106-398, Sec. 1 [[div. A], title III, Sec. 374], Oct. 30, 
2000, 114 Stat. 1654, 1654A-81, provided that:
    ``(a) Report To Address Maintenance and Repair Backlog.--Not later 
than March 15, 2001, the Secretary of Defense shall submit to Congress a 
report identifying a list of requirements to reduce the backlog in 
maintenance and repair needs of facilities and infrastructure under the 
jurisdiction of the Department of Defense or a military department.
    ``(b) Elements of Report.--At a minimum, the report shall include or 
address the following:
        ``(1) The extent of the work necessary to repair and revitalize 
    facilities and infrastructure, or to demolish and replace unusable 
    facilities, carried as backlog by the Secretary of Defense or the 
    Secretary of a military department.
        ``(2) Measurable goals, over specified time frames, for 
    addressing all of the identified requirements.
        ``(3) Expected funding for each military department and Defense 
    Agency to address the identified requirements during the period 
    covered by the most recent future-years defense program submitted to 
    Congress pursuant to section 221 of title 10, United States Code.
        ``(4) The cost of the current backlog in maintenance and repair 
    for each military department and Defense Agency, which shall be 
    determined using the standard costs to standard facility categories 
    in the Department of Defense Facilities Cost Factors Handbook, shown 
    both in the aggregate and individually for each major military 
    installation.
        ``(5) The total number of square feet of building space of each 
    military department and Defense Agency to be demolished or proposed 
    for demolition, shown both in the aggregate and individually for 
    each major military installation.
        ``(6) The initiatives underway to identify facility and 
    infrastructure requirements at military installations to accommodate 
    new and developing weapons systems and to prepare installations to 
    accommodate these systems.
    ``(c) Annual Updates.--The Secretary of Defense shall update the 
report required under subsection (a) annually. The annual updates shall 
be submitted to Congress at or about the time that the budget is 
submitted to Congress for a fiscal year under section 1105(a) of title 
31, United States Code.''
