§ 2851. Supervision of military construction projects
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(a)Supervision of Military Department Projects.— Each contract entered into by the United States in connection with a military construction project or a military family housing project shall be carried out under the direction and supervision of a Secretary of a military department or Government agency (as approved by the Secretary of Defense) to assure the most efficient, expeditious, and cost-effective completion of the project.
(b)Supervision of Defense Agency Projects.— A military construction project for an activity or agency of the Department of Defense (other than a military department) financed from appropriations for military functions of the Department of Defense shall be accomplished by or through a military department designated by the Secretary of Defense.
(c)Maintenance of Military Construction Information on Internet; Access.—
(1)The Secretary of Defense shall maintain an Internet site that will permit a person to access and view on a separate page of the Internet site a document or other file containing the information required by paragraph
(2)for the following:
(A)Each military construction project or military family housing project that has been specifically authorized by Act of Congress.
(B)Each project carried out with funds authorized for the operation and maintenance of military family housing.
(C)Each project carried out with funds authorized for the improvement of military family housing units.
(D)Each unspecified minor construction project carried out under the authority of section 2805(a) of this title.
(E)Each military department project with a total cost in excess of $15,000,000 for Facilities Sustainment, Restoration, and Modernization.
(F)Each military construction project, military department Facilities Sustainment, Restoration, and Modernization project, or military family housing project regarding which a statutory requirement exists to notify Congress.
(2)The information to be provided via the Internet site required by paragraph
(1)for each project described in such paragraph shall include the following:
(A)The solicitation date and award date (or anticipated dates) for each contract entered into (or to be entered into) by the United States in connection with the project.
(B)The contract recipient, contract award amount, construction milestone schedule proposed by the contractor, and construction completion date stipulated in the awarded contract.
(C)The most current Department of Defense Form 1391, Military Construction Project Data, for the project.
(D)The progress of the project, including the percentage of construction currently completed and the current estimated construction completion date.
(E)The current contract obligation of funds for the project, including any changes to the original contract award amount.
(F)If funds appropriated for the project have been diverted for use in another project, the project to which the funds were diverted and the amount so diverted.
(G)For accounts such as planning and design, unspecified minor construction, and family housing operation and maintenance, detailed information regarding expenditures and anticipated expenditures under these accounts and the purposes for which the expenditures are made.
(3)The information required to be provided for each project described in paragraph
(1)shall be made available on the Internet site required by such paragraph not later than 90 days after the award of a contract or delivery order for the project. The Secretary of Defense shall update the required information as promptly as practicable, but not less frequently than once a month, to ensure that the information is available in a timely manner.
(d)Report on Supervision of Large Military Construction Projects.— Before the award of a contract of a value greater than $500,000,000 in connection with a military construction project, the individual directing and supervising such military construction project under subsection
(a)or the individual designated pursuant to subsection
(b)(as applicable) shall submit to the appropriate committees of Congress a report on the intended supervision, inspection, and overhead plan to manage such military construction project. Each such report shall include the following:
(1)A determination of the overall funding intended to manage the supervision, inspection, and overhead of the military construction project.
(2)An assessment of whether a Department of Defense Field Activity directly reporting to such individual should be established.
(3)A description of the quality assurance approach to the military construction project.
(4)The independent cost estimate described in section 3221(b)(6)(A) of this title.
(5)The overall staffing approach to oversee the military construction project for each year of the contract term.
(e)Annual Report on Schedule Delays.— Not later than March 1 of each year (beginning with 2018), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on each military construction project or military family housing project for which, as of the end of the most recent fiscal year, the estimated completion date is more than 1 year later than the completion date proposed at the time the contract for the project was awarded.
(Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 163; amended Pub. L. 109–163, div. B, title XXVIII, § 2803(a), (c), Jan. 6, 2006, 119 Stat. 3505, 3506; Pub. L. 111–383, div. B, title XXVIII, § 2801, Jan. 7, 2011, 124 Stat. 4458; Pub. L. 115–91, div. B, title XXVIII, § 2822, Dec. 12, 2017, 131 Stat. 1855; Pub. L. 117–81, div. B, title XXVIII, § 2801(a), Dec. 27, 2021, 135 Stat. 2184; Pub. L. 117–263, div. B, title XXVIII, § 2806(a), Dec. 23, 2022, 136 Stat. 2995; Pub. L. 119–60, div. B, title XXVIII, § 2808(a), Dec. 18, 2025, 139 Stat. 1298.)
Connections27 cite this · traces to 7
Cited by 27 sections · top 23
public-private-law
- Public Law 115-232John S. McCain National Defense Authorization Act for Fiscal Year 2019
- Public Law 116-283William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
- Public Law 116-92National Defense Authorization Act for Fiscal Year 2020
- Public Law 117-263James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
- Public Law 117-81National Defense Authorization Act for Fiscal Year 2022
U.S. Code
- § 2805Unspecified minor construction
- § 2851Supervision of military construction projects
- § 3221Director of Cost Assessment and Program Evaluation
- § 2819Strategy and assessment with respect to non-operational, underutilized, and other Department of Defense facilities: assessments of historical significance
- § 2808aFacility construction or repair: transactions other than contracts and grants
statute-compilations
- Sec. 2806SUPERVISION OF LARGE MILITARY CONSTRUCTION PROJECTS
- Sec. 2815IMPROVEMENT OF SECURITY OF LODGING AND LIVING SPACES ON MILITARY INSTALLATIONS
- Sec. 2811MODIFICATIONS AND TECHNICAL CORRECTIONS RELATED TO MILITARY HOUSING PRIVATIZATION REFORM
- Sec. 1062REPEAL OF REPORTING REQUIREMENTS UNDER ANNUAL DEFENSE AUTHORIZATION ACTS
- Sec. 2801PUBLIC AVAILABILITY OF INFORMATION ON FACILITIES SUSTAINMENT, RESTORATION, AND MODERNIZATION PROJECTS
- Sec. 2812APPLICABILITY OF WINDOW FALL PREVENTION REQUIREMENTS TO ALL MILITARY FAMILY HOUSING WHETHER PRIVATIZED OR GOVERNMENT-OWNED AND GOVERNMENT-CONTROLLED
- Sec. 2806WORK IN PROCESS CURVE CHARTS AND OUTLAY TABLES FOR MILITARY CONSTRUCTION PROJECTS
- Sec. 818REPEAL OF PROGRAM FOR QUALIFIED APPRENTICES FOR MILITARY CONSTRUCTION CONTRACTS
statutes-at-large
- Public Law 111–383To authorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 117–263To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 109–163To authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 112–81To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 117–81To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
Traces to 7 documents
U.S. Code
26 references not yet in our index
- Pub. L. 97–214, § 2(a)
- 96 Stat. 163
- Pub. L. 109–163, div. B, title XXVIII, § 2803(a)
- 119 Stat. 3505
- Pub. L. 111–383, div. B, title XXVIII, § 2801
- 124 Stat. 4458
- 131 Stat. 1855
- 135 Stat. 2184
- 136 Stat. 2995
- Pub. L. 119–60, div. B, title XXVIII, § 2808(a)
- 139 Stat. 1298
- Pub. L. 119–60
- Pub. L. 111–383, § 2801(c)(1)
- Pub. L. 111–383, § 2801(a)
- Pub. L. 111–383, § 2801(b)
- Pub. L. 109–163, § 2803(c)
- Pub. L. 109–163, § 2803(a)
- section 12(a) of Pub. L. 97–214
- Pub. L. 119–60, div. B, title XXVIII, § 2817
- 139 Stat. 1304
- Pub. L. 109–163, div. B, title XXVIII, § 2803(b)
- 119 Stat. 3506
- Pub. L. 106–398, § 1 [[div. A]
- 114 Stat. 1654
- Pub. L. 112–81, div. A, title X, § 1062(i)(1)
- 125 Stat. 1585
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cites case law
§ 2851
Supervision of military construction projects
Pub. L.×8
Stat. Comp.×8
U.S.C.×6
Stat.×5
Pub. L.Pub. L. 97–214, § 2(a)
Stat.96 Stat. 163
Pub. L.Pub. L. 109–163, div. B, title XXVIII, § 2803(a)
Stat.119 Stat. 3505
Pub. L.Pub. L. 111–383, div. B, title XXVIII, § 2801
Cites 33 · showing 12Cited by 27 across 4 sources