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10 U.S.C. § 2854 — Restoration or replacement of damaged or destroyed facilities
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to subsection (b), the Secretary concerned may repair, restore, or replace a facility under his jurisdiction, including a family housing facility, that has been damaged or destroyed.
**(b)** When a decision is made to carry out construction under subsection (a) and the cost of the repair, restoration, or replacement is greater than the maximum amount for a minor construction project, the Secretary concerned shall notify the appropriate committees of Congress of that decision, of the justification for the project, of the current estimate of the cost of the project, of the source of funds for the project, and of the justification for carrying out the project under this section. 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 such committees in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim).
**(c)**
(1) In using the authority described in subsection (a) to carry out a military construction project to replace a facility, including a family housing facility, that has been damaged or destroyed, the Secretary concerned may use appropriations available for operation and maintenance if—
(A) the damage or destruction to the facility was the result of a natural disaster or a terrorism incident; and
(B) the Secretary submits a notification to the appropriate committees of Congress of the decision to carry out the replacement project, and includes in the notification—
(i) the current estimate of the cost of the replacement project;
(ii) the source of funds for the replacement project;
(iii) in the case of damage to a facility rather than destruction
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Stable record: federal_law:legal_authorities:record_usc_6175e3778a2c7400b68d7f29
Source file: Laws/federal/codes/united-states-code/title-10/section-2854-restoration-or-replacement-of-damaged-or-destroyed-facilities--3e59e947dc.md
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Source location: Title 10, Chapter 169, § 2854; chapter-169-military-construction-and-military-family-housing.md
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**(a)** Subject to subsection (b), the Secretary concerned may repair, restore, or replace a facility under his jurisdiction, including a family housing facility, that has been damaged or destroyed.
**(b)** When a decision is made to carry out construction under subsection (a) and the cost of the repair, restoration, or replacement is greater than the maximum amount for a minor construction project, the Secretary concerned shall notify the appropriate committees of Congress of that decision, of the justification for the project, of the current estimate of the cost of the project, of the source of funds for the project, and of the justification for carrying out the project under this section. 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 such committees in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim).
**(c)**
(1) In using the authority described in subsection (a) to carry out a military construction project to replace a facility, including a family housing facility, that has been damaged or destroyed, the Secretary concerned may use appropriations available for operation and maintenance if—
(A) the damage or destruction to the facility was the result of a natural disaster or a terrorism incident; and
(B) the Secretary submits a notification to the appropriate committees of Congress of the decision to carry out the replacement project, and includes in the notification—
(i) the current estimate of the cost of the replacement project;
(ii) the source of funds for the replacement project;
(iii) in the case of damage to a facility rather than destruction, a certification that the replacement project is more cost-effective than repair or restoration; and
(iv) a certification that deferral of the replacement 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 replacement project under this subsection 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim).
(3) The maximum aggregate amount that the Secretary concerned may obligate from appropriations available for operation and maintenance in any fiscal year for replacement projects under the authority of this subsection is $300,000,000.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)).
**(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law).
**(c)** In this chapter and chapter 173 of this title:
(1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2) The term “facility” means a building, structure, or other improvement to real property.
(3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure.
(4) The term “mil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** Whenever the Secretary of Defense or any other official of the Department of Defense submits to Congress (or any committee of either House of Congress) a report that the Secretary (or other official) is required by law to submit, the Secretary (or other official) shall provide to Congress (or such committee) a copy of the report in an electronic medium.
**(b) Exception.—** Subsection (a) does not apply to a report submitted in classified form.
**(c) Definition.—** In this section, the term “report” includes any certification, notification, or other communication in writing.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 480
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 100–370, § 1(l)(1), July 19, 1988, 102 Stat. 849, related to availability of funds for acquisition of certain interests in land.
A prior section 2673, added Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1459, related to restoration or replacement of facilities damaged or destroyed, prior to repeal by Pub. L. 97–214, § 7(1), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date. See [section 2854 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2854&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2673
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Within amounts appropriated for military construction and military family housing, the Secretary concerned may obtain architectural and engineering services and may carry out construction design in connection with military construction projects, family housing projects, and projects undertaken in connection with the authority provided under [section 2854 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2854&num=0&edition=prelim) that are not otherwise authorized by law. Amounts available for such purposes may be used for construction management of projects that are funded by foreign governments directly or through international organizations and for which elements of the armed forces of the United States are the primary user.
**(b)** In the case of architectural and engineering services and construction design to be undertaken under subsection (a) for which the estimated cost exceeds $5,000,000, the Secretary concerned shall notify the appropriate committees of Congress of the scope of the proposed project and the estimated cost of such services before the initial obligation of funds for such services. The Secretary may then obligate funds for such services only after the end of the 14-day period beginning on the date on which the notification is received by the committees in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim).
**(c)** If the Secretary concerned determines that the amount authorized for activities under subsection (a) in any fiscal year must be increased the Secretary may proceed with activities at such higher level only after the end of the 14-day period beginning on the date on which the Sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2807
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Federal law — U.S. Code and appendices · legal_authorities
Page 2276
TITLE 10—ARMED FORCES
§ 2854
promptly submits written notification of the facts re-
lating to the proposed increase in cost to the appro-
priate committees of Congress.’’
1989—Pub. L. 101–189 amended section generally, sub-
stituting subsecs. (a) to (d) for former subsecs. (a) to (f).
1987—Subsec. (a)(1). Pub. L. 100–180, § 2312, substituted
‘‘Except as provided in paragraph (2), the total cost au-
thorized for military construction projects at an instal-
lation (including each project the cost of which is in-
cluded in such total authorized cost and is less than the
minor project ceiling) may be increased by not more
than 25 percent of the total amount appropriated for
such projects’’ for ‘‘Except as provided in paragraph (2),
the cost authorized for a military construction project
(other than a project for which the approved amount is
less than the minor project ceiling (as defined in sub-
section (f))) may be increased by not more than 25 per-
cent of the amount appropriated for the project’’.
Pub. L. 100–26, § 7(f)(2)(A), substituted ‘‘the minor
project ceiling (as defined in subsection (f))’’ for ‘‘the
amount specified by law as the maximum amount for a
minor military construction project’’.
Pub. L. 100–26, § 7(f)(2)(B), substituted ‘‘the minor
project ceiling’’ for ‘‘the amount specified by law as the
maximum amount for a minor military construction
project’’.
Subsec. (a)(2). Pub. L. 100–26, § 7(f)(2)(B), substituted
‘‘the minor project ceiling’’ for ‘‘the amount specified
by law as the maximum amount for a minor military
construction project’’ in two places.
Subsec. (b). Pub. L. 100–26, § 7(f)(2)(B), (C), substituted
‘‘the minor project ceiling’’ for ‘‘the amount specified
by law as the maximum amount for a minor military
constru
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2854
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