Title 10 — Armed ForcesRelease 119-83
§2851 Supervision of Military Construction Projects
Title 10 › Subtitle Subtitle A— General Military Law › Part IV— SERVICE, SUPPLY, AND PROPERTY › Chapter 169— MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › Subchapter III— ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › § 2851
Summary
Every U.S. contract for a military construction or military family housing project must be run under the direction of the head of a military department or another government official approved by the Secretary of Defense. If a DoD activity (not a military department) has a construction project paid from DoD military-function money, the Secretary of Defense must assign a military department to carry it out. The Secretary of Defense must keep an Internet site that posts project details for a set of projects (including projects specifically authorized by Congress, family housing projects and improvements, unspecified minor projects under section 2805(a), projects over $15,000,000 for Facilities Sustainment, Restoration, and Modernization, and any project that must trigger a notice to Congress). For each listed project the site must show key contract dates, the contractor and award amount, the contractor’s schedule and contract completion date, the DoD Form 1391 for the project, percent complete and current estimated completion date, current contract obligations and changes, any funds diverted to other projects and amounts, and detailed spending info for accounts like planning, minor construction, and family housing operations. The site must post this information no later than 90 days after contract award and be updated at least once a month. Before awarding any military construction contract over $500,000,000, the person in charge must send the appropriate congressional committees a report describing how they will supervise, inspect, and manage overhead costs. The report must state the planned funding for those activities, whether a DoD Field Activity reporting to that person should be created, the quality-assurance approach, the independent cost estimate required by section 3221(b)(6)(A), and the staffing plan for each year of the contract. By March 1 each year (starting in 2018), the Secretary of Defense must report to the House and Senate Armed Services Committees on any project whose new estimated completion date is more than one year later than the date given when the contract 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 18, 2026
Release point: 119-83