PRIA Logo™
Take the PRIA Score
Title 10 — Armed ForcesRelease 119-73

§2851 Supervision of military construction 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 III— - ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › § 2851

Last updated Apr 6, 2026|Official source

Summary

All contracts for military construction or military family housing must be run under the direction and supervision of a Secretary of a military department or a government agency approved by the Secretary of Defense. This is to help finish projects as efficiently, quickly, and cheaply as possible. If a DoD activity (not a military department) gets military construction money, a military department chosen by the Secretary of Defense must do the work. The Secretary of Defense must keep a public website with pages for certain projects (those specifically authorized by Congress; projects using family housing operation or improvement funds; unspecified minor construction under section 2805(a); military department projects over $15,000,000 for Facilities Sustainment, Restoration, and Modernization; and projects that require Congress to be notified). Each project page must show solicitation and award dates; who won the contract and the award amount; the contractor’s schedule and contract completion date; the current DoD Form 1391 for the project; percent complete and current estimated finish date; current funds obligated and any contract changes; any funds moved to another project and the amounts; and detailed spending and planned spending for accounts like planning, design, minor construction, and family housing O&M. The site must post this information no later than 90 days after a contract or delivery order is awarded and must be updated at least once a month. Before awarding any military construction contract over $500,000,000, the project director must send Congress a report describing how the project will be supervised, inspected, and managed. The report must state the planned funding for supervision and overhead, whether a DoD Field Activity should be created, the quality assurance approach, the independent cost estimate required by law, and the staffing plan each year of the contract. By March 1 each year (starting in 2018), the Secretary of Defense must report to the Armed Services Committees on any project whose estimated completion date is more than 1 year later than the date that was in the contract when it was awarded.

Full Legal Text

Title 10, §2851

Armed Forces — Source: USLM XML via OLRC

(a)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)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)(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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 119–60 substituted “a Secretary of a military department or Government agency (as approved by the Secretary of Defense)” for “the Secretary of the Army (acting through the Chief of Engineers), the Secretary of the Navy (acting through the Commander of the Naval Facilities Engineering Command), or such other department or Government agency as the Secretary of Defense approves”. 2022—Subsecs. (d), (e). Pub. L. 117–263 added subsec. (d) and redesignated former subsec. (d) as (e). 2021—Subsec. (c)(1)(E). Pub. L. 117–81, § 2801(a)(2), added subpar. (E). Former subpar. (E) redesignated (F). Subsec. (c)(1)(F). Pub. L. 117–81, § 2801(a)(1), (3), redesignated subpar. (E) as (F) and inserted “, military department Facilities Sustainment, Restoration, and Modernization project,” after “

Construction

project”. 2017—Subsec. (d). Pub. L. 115–91 added subsec. (d). 2011—Subsec. (c)(1). Pub. L. 111–383, § 2801(c)(1), substituted “that will permit a person” for “that, when activated by a person authorized under paragraph (3), will permit the person”. Subsec. (c)(2)(F) to (H). Pub. L. 111–383, § 2801(a), redesignated subpars. (G) and (H) as (F) and (G), respectively, and struck out former subpar. (F) which read as follows: “The estimated final cost of the project and, if the estimated final cost of the project exceeds the amount appropriated for the project and funds have been provided from another source to meet the increased cost, the source of the funds and the amount provided.” Subsec. (c)(3), (4). Pub. L. 111–383, § 2801(b), (c)(2), redesignated par. (4) as (3), substituted “on the Internet site required by such paragraph” for “to the persons referred to in paragraph (3)” and struck out “to such persons” before “in a timely manner”, and struck out former par. (3) which read as follows: “Access to the Internet site required by paragraph (1) shall be restricted to the following persons: “(A) Members of the congressional defense committees and their staff. “(B) Staff of the congressional defense committees.” 2006—Subsecs. (a), (b). Pub. L. 109–163, § 2803(c), inserted headings. Subsec. (c). Pub. L. 109–163, § 2803(a), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2022 Amendment Pub. L. 117–263, div. B, title XXVIII, § 2806(c), Dec. 23, 2022, 136 Stat. 2995, provided that: “This section [amending this section and section 3221 of this title] and the

Amendments

made by this section shall apply to contracts entered into on or after the date of the enactment of this Act [Dec. 23, 2022].”

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. Application of Amendment by Pub. L. 117–81 Pub. L. 117–81, div. B, title XXVIII, § 2801(b), Dec. 27, 2021, 135 Stat. 2184, provided that: “Subparagraph (E) of section 2851(c)(1) of title 10, United States Code, as added by subsection (a)(2), and subparagraph (F) of such section, as amended by subsection (a)(3), shall apply with respect to a military department Facilities Sustainment, Restoration, and Modernization project described in such subparagraphs for which an award of a contract or delivery order for the project is made on or after June 1, 2022.” Implementation of Comptroller General Recommendations Relating to Information Sharing To Improve Oversight of Military

Construction

Pub. L. 119–60, div. B, title XXVIII, § 2817, Dec. 18, 2025, 139 Stat. 1304, provided that: “Not later than one year after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall— “(1) implement the recommendations of the Comptroller General of the United States in the report titled ‘Military

Construction

: Better Information Sharing Would Improve DOD’s Oversight’ (GAO–24–106499; published
September 16, 2024); or “(2) if the Secretary does not implement any such recommendation, submit to the Committees on Armed Services of the Senate and the House of Representatives a report explaining why the Secretary has not implemented those recommendations.” Implementation of Internet Site Pub. L. 109–163, div. B, title XXVIII, § 2803(b), Jan. 6, 2006, 119 Stat. 3506, provided that: “The Internet site required by subsection (c) of section 2851 of title 10, United States Code, as added by subsection (a), shall be available to the persons referred to in paragraph (3) of such subsection not later than
July 15, 2006.” Identification of Requirements To Reduce Backlog in Maintenance and Repair of Defense Facilities Pub. L. 106–398, § 1 [[div. A], title III, § 374], Oct. 30, 2000, 114 Stat. 1654, 1654A–81, which required the Secretary of Defense to submit to Congress, not later than
March 15, 2001, 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, which report was to be updated annually, was repealed by Pub. L. 112–81, div. A, title X, § 1062(i)(1), Dec. 31, 2011, 125 Stat. 1585.

Reference

Citations & Metadata

Citation

10 U.S.C. § 2851

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73