republic-os/legal/us/code/title-10/chapter-169/section-2815.md

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LegalText	10 U.S.C. § 2815	Military installation resilience projects	us	united_states_code	code_section	10	ARMED FORCES	169	MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING	2815	10 U.S.C. § 2815	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip	/us/usc/t10/s2815	data/legal/raw/us/code/title-10/usc10.xml	bb1be08cbc8eb8cc8e3a27432047e45b833d5a65e6aec8b9d5c10cbeb2aada75	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	66044d4c3f8c31181b975f578b3130c60d1e62aeb1b5954a069d97d4efa7a2b5	2026-07-04	official	legal us-code

10 U.S.C. § 2815 - Military installation resilience projects

Text

(a) Projects Required.— 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) Congressional Notification.— (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) Timing of Projects.— 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) Location of Projects.— 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) Alternative Funding Source.— (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) Annual Report.— 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.

(Added Pub. L. 116–92, div. B, title XXVIII, § 2801(b)(1), Dec. 20, 2019, 133 Stat. 1880; amended Pub. L. 116–283, div. A, title III, § 315(a), Jan. 1, 2021, 134 Stat. 3514; Pub. L. 118–31, div. B, title XXVIII, § 2804, Dec. 22, 2023, 137 Stat. 744; Pub. L. 119–60, div. B, title XXVIII, § 2874, Dec. 18, 2025, 139 Stat. 1329.)

Notes

Editorial Notes

Prior ProvisionsA 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.

Amendments2025—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).