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10 U.S.C. § 2815 — Military installation resilience projects

submitted 7 years ago by Pub. L. 116-92 to r/title-10-ARMED-FORCES · 655 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires the Secretary of Defense to carry out military installation resilience projects and sets notification, location, funding, waiting-period, and reporting rules.

(a) Required projects. The Secretary of Defense must carry out military construction projects, including unspecified minor projects not otherwise authorized, for installation resilience under section 2802, except as subsection (e) provides, or section 2805.
(b) Congressional notice. (1) When deciding to carry out a project, the Secretary must notify the congressional defense committees. (2) The notice must explain how the project would (A) improve installation resilience, (B) improve mission assurance, (C) support mission-critical functions, and (D) address known vulnerabilities.
(c) Timing. Except under subsection (e)(2), the project may begin only after 14 days have passed since the committees received the electronic notice under section 480.
(d) Location. A project may be on (1) a military installation; (2) a State-, District of Columbia-, Puerto Rico-, American Samoa-, Guam-, Northern Mariana Islands-, or Virgin Islands-owned and operated facility used by Defense, even if not under Defense jurisdiction, when the Secretary finds the armed forces significantly use it for testing or training; or (3) another place when the Secretary concerned finds the project would preserve or improve the resilience of an installation, such a facility, or community infrastructure needed to maintain, improve, or quickly restore mission assurance and mission-essential functions.
(e) Alternative funding. (1) The Secretary concerned may use operation-and-maintenance funds for the military department if the Secretary notifies the committees and gives (A) the current cost estimate, (B) the funding source, and (C) a certification that delaying the project for the next Military Construction Authorization Act would conflict with national security or protection of health, safety, or environmental quality. (2) The project may begin only after 7 days have passed since the electronic notification was provided under section 480. (3) In a fiscal year, such projects may obligate no more than $125,000,000 from that department’s operation-and-maintenance funds.
(f) Annual report. Until December 31, 2025, no later than 90 days after each fiscal year, the Secretary must report to the committees on planned, active, and completed projects. For each project the report must give its title, location, work scope, original and current cost estimates, the information required by subsection (b)(2), and other information the Secretary considers appropriate.

the actual law source: uscode.house.gov ↗public domain
(a)Projects Required.—

The Secretary of Defense shall carry out military construction projects, including unspecified minor military construction projects not otherwise authorized by law, for military installation resilience, in accordance with—

(1)

section 2802 of this title (except as provided in subsection (e)); or

(2)

section 2805 of this title.

(b)Congressional Notification.—
(1)

When a decision is made to carry out a project under this section, the Secretary of Defense shall notify the congressional defense committees of that decision.

(2)

The Secretary of Defense shall include in each notification submitted under paragraph (1) the rationale for how the project would—

(A)

enhance military installation resilience;

(B)

enhance mission assurance;

(C)

support mission critical functions; and

(D)

address known vulnerabilities.

(c)Timing of Projects.—

Except as provided in subsection (e)(2), a project may be carried out under this section only after the end of the 14-day period beginning on the date that notification with respect to that project under subsection (b) is received by the congressional defense committees in an electronic medium pursuant to section 480 of this title.

(d)Location of Projects.—

Projects carried out pursuant to this section may be carried out—

(1)

on a military installation;

(2)

on a facility used by the Department of Defense that is owned and operated by a State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, even if the facility is not under the jurisdiction of the Department of Defense, if the Secretary of Defense determines that the facility is subject to significant use by the armed forces for testing or training; or

(3)

outside of a military installation or facility described in paragraph (2) if the Secretary concerned determines that the project would preserve or enhance the resilience of—

(A)

a military installation;

(B)

a facility described in paragraph (2); or

(C)

community infrastructure determined by the Secretary concerned to be necessary to maintain, improve, or rapidly reestablish installation mission assurance and mission-essential functions.

(e)Alternative Funding Source.—
(1)

In carrying out a project under this section, the Secretary concerned may use amounts available for operation and maintenance for the military department concerned if the Secretary concerned submits a notification to the congressional defense committees of the decision to carry out the project using such amounts and includes in the notification—

(A)

the current estimate of the cost of the project;

(B)

the source of funds for the project; and

(C)

a certification that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or the protection of health, safety, or environmental quality, as the case may be.

(2)

A project carried out under this section using amounts under paragraph (1) may be carried out only after the end of the 7-day period beginning on the date on which a copy of the notification described in paragraph (1) is provided in an electronic medium pursuant to section 480 of this title.

(3)

The maximum aggregate amount that the Secretary concerned may obligate from amounts available to the military department concerned for operation and maintenance in any fiscal year for projects under the authority of this subsection is $125,000,000.

(f)Annual Report.—

Not later than 90 days after the end of each fiscal year until December 31, 2025, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the planned and active projects carried out under this section (including completed projects), and shall include in the report with respect to each such project the following information:

(1)

The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate.

(2)

The information provided under subsection (b)(2).

(3)

Such other information as the Secretary considers appropriate.

Source credit: (Added Pub. L. 116–92, div. B, title XXVIII, § 2801(b)(1), Dec. 20, 2019, 133 Stat. 1880; amended Pub. L. 116–283, div. A, title III, § 315(a), Jan. 1, 2021, 134 Stat. 3514; Pub. L. 118–31, div. B, title XXVIII, § 2804, Dec. 22, 2023, 137 Stat. 744; Pub. L. 119–60, div. B, title XXVIII, § 2874, Dec. 18, 2025, 139 Stat. 1329.)

history & why it existsrecord from the source credit
  • 2019Enacted · Pub. L. 116-92 · 133 Stat. 1880
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3514
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 744
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1329

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-92 on 2019-12-20.

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