PRIA, Government Policy, Made Personal

Summary

The Secretary in charge may use operation and maintenance money to do repair work on a whole single-use facility or on parts of a facility that has many uses. Repairs that would cost more than $7,500,000 must get the Secretary’s prior approval. The Secretary must count all years and phases when adding up the cost, make sure the repair fits force plans, check that fixing is cheaper than replacing, and confirm the work is a proper use of operation and maintenance funds. New buildings or adding on to buildings are not allowed under this authority. For any repair estimated to cost over $7,500,000, the Secretary must send an electronic report to the right congressional committees. The report must explain why the work is needed and give the current cost estimate (including total cost for multi‑year work). If the repair cost is more than 75 percent of the cost to replace the facility, the report must explain why replacement is not better. The report must also describe any military-construction elements included in the repair. “Repair project” means either restoring a facility, system, or part so it can do its job again, or changing its use without making it bigger on the outside.

Title 10, §2811

Armed Forces, Source: USLM XML via OLRC

(a)Repairs Using Operations and Maintenance Funds.—

Using funds available to the Secretary concerned for operation and maintenance, the Secretary concerned may carry out repair projects for an entire single-purpose facility or one or more functional areas of a multipurpose facility.

(b)Approval Required for Major Repairs.—

A repair project costing more than $7,500,000 may not be carried out under this section unless approved in advance by the Secretary concerned. In determining the total cost of a repair project, the Secretary shall include all phases of a multi-year repair project to a single facility. In considering a repair project for approval, the Secretary shall ensure that the project is consistent with force structure plans, that repair of the facility is more cost effective than replacement, and that the project is an appropriate use of operation and maintenance funds.

(c)Prohibition on New Construction or Additions.—

Construction of new facilities or additions to existing facilities may not be carried out under the authority of this section.

(d)Congressional Notification.—

When a decision is made to carry out a repair project under this section with an estimated cost in excess of $7,500,000, the Secretary concerned shall submit, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a report containing—

(1)the justification for the repair project and the current estimate of the cost of the project, including, in the case of a multi-year repair project to a single facility, the total cost of all phases of the project;

(2)if the current estimate of the cost of the repair project exceeds 75 percent of the estimated cost of a military construction project to replace the facility, an explanation of the reasons why replacement of the facility is not in the best interest of the Government; and

(3)a description of the elements of military construction, including the elements specified in section 2802(b) of this title, incorporated into the repair project.

(e)Repair Project Defined.—

In this section, the term “repair project” means a project—

(1)to restore a real property facility, system, or component to such a condition that it may effectively be used for its designated functional purpose; or

(2)to convert a real property facility, system, or component to a new functional purpose without increasing its external dimensions.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Subsec. (d). Pub. L. 115–91 inserted “, in an electronic medium pursuant to section 480 of this title,” after “shall submit” in introductory provisions. 2016—Subsec. (e). Pub. L. 114–328 amended subsec. (e) generally. Prior to amendment, text read as follows: “In this section, the term ‘repair project’ means a project to restore a real property facility, system, or component to such a condition that it may effectively be used for its designated functional purpose.” 2009—Subsec. (d)(2), (3). Pub. L. 111–84 added pars. (2) and (3) and struck out former par. (2) which read as follows: “the justification for carrying out the project under this section.” 2004—Subsec. (b). Pub. L. 108–375, § 2801(a), substituted “$7,500,000” for “$5,000,000”. Subsec. (d). Pub. L. 108–375, § 2801(b), substituted “$7,500,000” for “$10,000,000” in introductory provisions. Subsec. (d)(1). Pub. L. 108–375, § 2801(c), inserted before semicolon “, including, in the case of a multi-year repair project to a single facility, the total cost of all phases of the project”. 1997—Subsecs. (d), (e). Pub. L. 105–85 added subsecs. (d) and (e). 1994—Pub. L. 103–337 substituted “Repair” for “Renovation” in section catchline and amended text generally. Prior to amendment, text read as follows: “(a) The Secretary concerned may carry out renovation projects that combine maintenance, repair, and minor

Construction

projects for an entire single-purpose facility, or one or more functional areas of a multipurpose facility, using funds available for operations and maintenance. “(b) The amount obligated on such a renovation project may not exceed the maximum amount specified by law for a minor

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project under section 2805 of this title. “(c)

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of new facilities or additions to existing facilities may not be carried out under the authority of this section.”

§2811 Repair of Facilities

Summary

Title 10, §2811

Notes & Related Subsidiaries

Editorial Notes

Amendments

Construction

Construction

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Citations & Metadata