Legalize / United States / Statute

§ 2805. Unspecified minor construction

Type Statute

Publication 2026-03-26

State In force

Department United States Congress

Source OLRC

Reform history JSON API

§ 2805. Unspecified minor construction

(a) Authority to Carry Out Unspecified Minor Military Construction Projects.—

(1) Within an amount equal to 125 percent of the amount authorized by law for such purpose, the Secretary concerned may carry out unspecified minor military construction projects not otherwise authorized by law.

(2) An unspecified minor military construction project is a military construction project, land acquisition, or demolition project that has an approved cost equal to or less than $9,000,000.

(3) Notwithstanding the requirements of this section, the Secretary concerned may use amounts authorized pursuant to another law or regulation to carry out a demolition project described in paragraph (2).

(b) Approval and Congressional Notification.—

(1) An unspecified minor military construction project costing more than $750,000 may not be carried out under this section unless approved in advance by the Secretary concerned. This paragraph shall apply even though the project is to be carried out using funds made available to enhance the deployment and mobility of military forces and supplies.

(2) When a decision is made to carry out an unspecified minor military construction project to which paragraph (1) is applicable and which costs more than $6,000,000, the Secretary concerned shall submit, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a notification of that decision not later than 90 days after the date on which the Secretary concerned obligates funds for the project. Such notification shall include a description of the project, a justification for the project, and an estimation of the total cost of the project.

(c) Use of Operation and Maintenance Funds.— The Secretary concerned may spend from appropriations available for operation and maintenance amounts necessary to carry out an unspecified minor military construction project costing not more than $4,000,000.

(d) Laboratory Revitalization.—

(1) For the revitalization and recapitalization of laboratories owned by the United States and under the jurisdiction of the Secretary concerned, the Secretary concerned may obligate and expend—

(A) from appropriations available to the Secretary concerned for operation and maintenance, amounts necessary to carry out an unspecified minor military construction project costing not more than $9,000,000, notwithstanding subsection (c); or

(B) from appropriations available to the Secretary concerned for military construction not otherwise authorized by law or from funds authorized to be made available under section 4123(a) of this title, amounts necessary to carry out an unspecified minor military construction project costing not more than $9,000,000.

(2) For purposes of this subsection, an unspecified minor military construction project is a military construction project that (notwithstanding subsection (a)) has an approved cost equal to or less than $9,000,000.

(3) If the Secretary concerned makes a decision to carry out an unspecified minor military construction project to which this subsection applies, the Secretary concerned shall notify the appropriate committees of Congress of that decision, of the justification for the project, and of the estimated cost of the project. The project may then be carried out only after the end of the 14-day period beginning on the date the notification is received by the committees in an electronic medium pursuant to section 480 of this title.

(4) In this subsection, the term “laboratory” includes—

(A) a research, engineering, and development center; and

(B) a test and evaluation activity.

(e) Prohibition on Use for New Housing Units.— Military family housing projects for construction of new housing units may not be carried out under the authority of this section.

(f) Adjustment of Dollar Limitations for Location.—

(1) Adjustment of limitations.— Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project, except that no limitation specified in this section may exceed $14,000,000 as the result of any adjustment made under this paragraph.

[(2) Repealed. Pub. L. 118–31, div. B, title XXVIII, § 2803(2), Dec. 22, 2023, 137 Stat. 744.]

[(3) Repealed. Pub. L. 118–31, div. B, title XXVIII, § 2802(c)(2), Dec. 22, 2023, 137 Stat. 743.]

Editorial Notes

Codification

Another section 2803(a) of Pub. L. 117–263 (136 Stat. 2970), is set out as a note under section 2687 of this title.

Amendments

2025—Subsec. (b)(2). Pub. L. 119–60, § 2872(a), substituted “$6,000,000” for “$4,000,000”.

Pub. L. 119–60, § 2871, substituted “shall submit, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a notification of that decision not later than 90 days after the date on which the Secretary concerned obligates funds for the project. Such notification shall include a description of the project, a justification for the project, and an estimation of the total cost of the project.” for “shall notify the appropriate committees of Congress of that decision, of the justification for the project, and of the estimated cost of the project. The project may then be carried out only after the end of the 14-day period beginning on the date the notification is received by the committees in an electronic medium pursuant to section 480 of this title.”.

Subsec. (g). Pub. L. 119–60, § 2873, redesignated subsec. (g) as section 2810(f) of this title.

2024—Subsec. (a)(2). Pub. L. 118–159, § 2804(a), substituted “, land acquisition, or demolition project” for “or a demolition project”.

Subsec. (g)(6)(B). Pub. L. 118–159, § 2805, substituted “$4,000,000” for “$1,000,000”.

2023—Subsec. (a)(2). Pub. L. 118–31, § 2802(a)(1), (b)(1), inserted “or a demolition project” after “is a military construction project” and substituted “$9,000,000” for “$6,000,000”.

Subsec. (a)(3). Pub. L. 118–31, § 2802(a)(2), added par. (3).

Subsec. (b)(2). Pub. L. 118–31, § 2802(b)(2), substituted “$4,000,000” for “$2,000,000”.

Subsec. (c). Pub. L. 118–31, § 2802(b)(3), substituted “$4,000,000” for “$2,000,000”.

Subsec. (d)(1)(A). Pub. L. 118–31, § 2802(b)(4)(A)(i), substituted “$9,000,000” for “$6,000,000”.

Subsec. (d)(1)(B). Pub. L. 118–31, § 2802(b)(4)(A)(ii), substituted “$9,000,000” for “$6,000,000”.

Subsec. (d)(2). Pub. L. 118–31, § 2802(b)(4)(B), substituted “$9,000,000” for “$6,000,000”.

Subsec. (f)(1). Pub. L. 118–31, §§ 2802(c)(1), 2803(1), struck out “inside the United States” after “construction project” and substituted “$14,000,000” for “$10,000,000”.

Subsec. (f)(2). Pub. L. 118–31, § 2803(2), struck out par. (2). Text read as follows: “For purposes of paragraph (1), a project shall be considered to be inside the United States if the project is carried out in any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, Wake Island, the Commonwealth of the Northern Mariana Islands, or a former United States Trust Territory now in a Compact of Free Association with the United States.”

Subsec. (f)(3). Pub. L. 118–31, § 2802(c)(2), struck out par. (3). Text read as follows: “The requirements of this subsection shall not apply with respect to any fiscal year after fiscal year 2027.”

2022—Subsec. (d)(5). Pub. L. 117–263, § 2804, struck out par. (5) which read as follows: “The authority to carry out a project under this subsection expires on September 30, 2025.”

Subsec. (f)(2). Pub. L. 117–263, § 2802, substituted “Wake Island, the Commonwealth” for “or the Commonwealth” and inserted “, or a former United States Trust Territory now in a Compact of Free Association with the United States” after “Mariana Islands”.

Subsec. (g). Pub. L. 117–263, § 2803(a), added subsec. (g).

2021—Subsec. (d)(1)(B). Pub. L. 116–283, § 1843(c), as amended by Pub. L. 117–81, § 1701(u)(4)(B), substituted “section 4123(a)” for “section 2363(a)”.

Subsec. (f)(3). Pub. L. 116–283, § 2802, substituted “2027” for “2022”.

2019—Subsec. (d)(1)(B). Pub. L. 116–92 inserted “under” after “made available”.

2017—Subsec. (a)(2). Pub. L. 115–91, § 2802(a), substituted “$6,000,000” for “$3,000,000” and struck out at end “However, if the military construction project is intended solely to correct a deficiency that is life-threatening, health-threatening, or safety-threatening, an unspecified minor military construction project may have an approved cost equal to or less than $4,000,000.”

Subsec. (b)(1). Pub. L. 115–91, § 2802(b), substituted “$750,000” for “$1,000,000”.

Subsec. (b)(2). Pub. L. 115–91, § 2802(c), substituted “to which paragraph (1) is applicable and which costs more than $2,000,000” for “to which paragraph (1) is applicable”.

Pub. L. 115–91, § 2801(a)(3)(A), struck out “in writing” after “shall notify” and “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided” after “received by the committees” and substituted “14-day period” for “21-day period”.

Subsec. (c). Pub. L. 115–91, § 2802(d), substituted “$2,000,000” for “$1,000,000”.

Subsec. (d)(1)(B). Pub. L. 115–91, § 220(c)(2), substituted “section 2363(a) of this title” for “under section 219(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note)”.

Subsec. (d)(3). Pub. L. 115–91, § 2801(a)(3)(B), struck out “in writing” after “shall notify” and “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided” after “received by the committees” and substituted “14-day period” for “21-day period”.

Subsec. (f). Pub. L. 115–91, § 2803, added subsec. (f).

2016—Subsec. (d)(1). Pub. L. 114–328, § 2801(a), substituted “$6,000,000” for “$4,000,000” in subpars. (A) and (B).

Subsec. (d)(2). Pub. L. 114–328, § 2801(a), (b)(1), substituted “$6,000,000” for “$4,000,000” in first sentence and struck out second sentence which read as follows: “The Secretary of Defense shall establish procedures for the review and approval of requests from the Secretary of a military department to carry out a construction project under this subsection.”

Subsec. (d)(3). Pub. L. 114–328, § 2801(b)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Not later than February 1, 2014, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority provided by this subsection. The report shall include a list and description of the construction projects carried out under this subsection, including the location and cost of each project.”

Subsec. (d)(5). Pub. L. 114–328, § 2801(c), substituted “2025” for “2018”.

This document does not substitute reading the official United States Code published by the Office of the Law Revision Counsel. We assume no responsibility for any inaccuracies resulting from the conversion to this format.