Title 10Armed ForcesRelease 119-73

§2815 Military installation resilience projects

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART IV— - SERVICE, SUPPLY, AND PROPERTY › Chapter CHAPTER 169— - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › Subchapter SUBCHAPTER I— - MILITARY CONSTRUCTION › § 2815

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense must carry out military construction projects to make military installations and related sites more resilient. These projects follow the rules in section 2802 (except as subsection (e) says) or section 2805. When the Secretary decides to do a project, the congressional defense committees must be told. The notice must explain how the project will improve installation resilience, strengthen mission assurance, support mission‑critical functions, and fix known vulnerabilities. Normally the project can start only after 14 days from the date Congress receives that electronic notice under section 480. Projects can be done on a military base, on a state or territory facility that the military uses a lot, or offsite if needed to protect a base, such a facility, or nearby infrastructure required for mission assurance. A military department can pay for a project from its operation and maintenance funds if the Secretary gives Congress a notice that includes the project cost estimate, the funding source, and a statement that delaying the project would harm national security or health, safety, or the environment. Projects using those funds may begin only after 7 days from the electronic notice, and the annual limit from O&M funds is $125,000,000. Within 90 days after each fiscal year through December 31, 2025, the Secretary must send Congress a report on planned, active, and finished projects with basic details, cost estimates, the required rationale, and any other relevant information.

Full Legal Text

Title 10, §2815

Armed Forces — Source: USLM XML via OLRC

(a)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)(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)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)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)(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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2815, added Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2801(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–412; amended Pub. L. 107–314, div. A, title X, § 1062(a)(14), Dec. 2, 2002, 116 Stat. 2650, related to annual evaluation of joint use military

Construction

projects, prior to repeal by Pub. L. 112–81, div. A, title X, § 1061(23)(A), Dec. 31, 2011, 125 Stat. 1584.

Amendments

2025—Subsec. (a). Pub. L. 119–60 inserted “, including unspecified minor military

Construction

projects not otherwise authorized by law,” after “military

Construction

projects” and substituted “in accordance with—” and pars. (1) and (2) for “in accordance with section 2802 of this title (except as provided in subsections (d)(3) and (e)).” 2023—Subsec. (e)(3). Pub. L. 118–31 substituted “$125,000,000” for “$100,000,000”. 2021—Subsec. (a). Pub. L. 116–283, § 315(a)(1), inserted “(except as provided in subsections (d)(3) and (e))” before period at end. Subsec. (c). Pub. L. 116–283, § 315(a)(2), substituted “Except as provided in subsection (e)(2), a project” for “A project”. Subsecs. (d) to (f). Pub. L. 116–283, § 315(a)(3), (4), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).

Reference

Citations & Metadata

Citation

10 U.S.C. § 2815

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73