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10 U.S.C. § 2853 — Authorized cost and scope of work variations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Cost Variations Authorized; Limitation.—** Except as provided in subsection (c), (d), or (e), the cost authorized for a military construction project or for the construction, improvement, and acquisition of a military family housing project may be increased or decreased by not more than 25 percent of the total authorized cost of the project or 200 percent of the minor construction project ceiling specified in [section 2805(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805/a&num=0&edition=prelim), whichever is less, if the Secretary concerned determines that such revised cost is required for the sole purpose of meeting unusual variations in cost and that such variations in cost could not have reasonably been anticipated at the time the project was authorized by Congress.
**(b) Scope of Work Variations Authorized; Limitation.—**
(1) Except as provided in subsection (c), the scope of work for a military construction project or for the construction, improvement, and acquisition of a military family housing project may be reduced by not more than 25 percent from the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition. Any reduction in scope of work for a military construction project shall not result in a facility or item of infrastructure that is not complete and useable or does not fully meet the mission requirement contained in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition.
(2) Except as provided in subsection (d), the scope of work for a military cons
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Source file: Laws/federal/codes/united-states-code/title-10/section-2853-authorized-cost-and-scope-of-work-variations--5705171cc2.md
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Source location: Title 10, Chapter 169, § 2853; chapter-169-military-construction-and-military-family-housing.md
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**(a) Cost Variations Authorized; Limitation.—** Except as provided in subsection (c), (d), or (e), the cost authorized for a military construction project or for the construction, improvement, and acquisition of a military family housing project may be increased or decreased by not more than 25 percent of the total authorized cost of the project or 200 percent of the minor construction project ceiling specified in [section 2805(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805/a&num=0&edition=prelim), whichever is less, if the Secretary concerned determines that such revised cost is required for the sole purpose of meeting unusual variations in cost and that such variations in cost could not have reasonably been anticipated at the time the project was authorized by Congress.
**(b) Scope of Work Variations Authorized; Limitation.—**
(1) Except as provided in subsection (c), the scope of work for a military construction project or for the construction, improvement, and acquisition of a military family housing project may be reduced by not more than 25 percent from the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition. Any reduction in scope of work for a military construction project shall not result in a facility or item of infrastructure that is not complete and useable or does not fully meet the mission requirement contained in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition.
(2) Except as provided in subsection (d), the scope of work for a military construction project or for the construction, improvement, and acquisition of a military family housing project may not be increased above the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition.
(3) In this subsection, the term “scope of work” refers to the function, size, or quantity of a facility or item of complete and useable infrastructure contained in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition.
**(c) Exceptions to Limitation on Cost Variations and Scope of Work Reductions.—**
(1)
(A) Except as provided in subparagraph (D), the Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve an increase in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost increase in the manner provided in this paragraph.
(B) The notification required by subparagraph (A) shall—
(i) identify the amount of the cost increase and the reasons for the increase;
(ii) certify that the cost increase is sufficient to meet the mission requirement identified in the justification data provided to Congress as part of the request for authorization of the project; and
(iii) describe the funds proposed to be used to finance the cost increase.
(C) A waiver and approval by the Secretary concerned under subparagraph (A) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress 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).
(D) The Secretary concerned may not use the authority provided by subparagraph (A) to waive the cost limitation applicable to a military construction project with a total authorized cost greater than $500,000,000 or a military family housing project with a total authorized cost greater than $500,000,000 if that waiver would increase the project cost by more than 50 percent of the total authorized cost of the project.
(E) In addition to the notification required by this paragraph, subsection (f) applies whenever a military construction project or military family housing project with a total authorized cost greater than $40,000,000 will have a cost increase of 25 percent or more. Subsection (f) may not be construed to authorize a cost increase in excess of the limitation imposed by subparagraph (D).
(2)
(A) The Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve a decrease in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost decrease not later than 14 days after the date funds are obligated in connection with the project.
(B) The notification required by subparagraph (A) shall be 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)
(A) The Secretary concerned may waive the limitation on a reduction in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve a scope of work reduction for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this paragraph.
(B) The notification required by subparagraph (A) shall—
(i) describe the reduction in the scope of work and the reasons for the decrease; and
(ii) certify that the mission requirement identified in the justification data provided to Congress can still be met with the reduced scope.
(C) A waiver and approval by the Secretary concerned under subparagraph (A) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress 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).
**(d) Exceptions to Limitation on Scope of Work Increases.—**
(1) Except as provided in paragraph (4), the Secretary concerned may waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve an increase in the scope of work for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this subsection.
(2) The notification required by paragraph (1) shall describe the increase in the scope of work and the reasons for the increase.
(3) A waiver and approval by the Secretary concerned under paragraph (1) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such paragraph is received by the appropriate committees of Congress 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).
(4) The Secretary concerned may not use the authority provided by paragraph (1) to waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project and approve an increase in the scope of work for the project that would increase the scope of work by more than 10 percent of the amount specified for the project in the justification data provided to Congress as part of the request for authorization of the project.
**(e) Additional Cost Variation Exceptions.—** The limitation on cost variations in subsection (a) does not apply to the following:
(1) The settlement of a contractor claim under a contract.
(2) The costs associated with the required remediation of an environmental hazard in connection with a military construction project or military family housing project, such as asbestos removal, radon abatement, lead-based paint removal or abatement, or any other legally required environmental hazard remediation, if the required remediation could not have reasonably been anticipated at the time the project was approved originally by Congress.
**(f) Additional Reporting Requirement for Certain Cost Increases.—**
(1) In addition to the notification sent under paragraph (1) of subsection (c) of a cost increase with respect to a project, the Secretary concerned shall provide an additional report notifying the congressional defense committees of any military construction project or military family housing project with a total authorized cost greater than $40,000,000 that has a cost increase of 25 percent or more.
(2) The report under paragraph (1) shall include the following—
(A) A description of the specific reasons for the cost increase and the specific organizations and individuals responsible.
(B) A description of any ongoing or completed proceedings or investigation into a government employee, prime contractor, subcontractor, or non-governmental organization that may be responsible for the cost increase, and the status of such proceeding or investigation.
(C) If any proceeding or investigation identified in subparagraph (B) resulted in final judicial or administrative action, the following:
(i) In the case of a judicial or administrative action taken against a government employee, the report shall identify the individual’s organization, position within the organization, and the action taken against the individual, but shall exclude personally identifiable information about the individual.
(ii) In the case of a judicial or administrative action taken against a prime contractor, subcontractor, or non-governmental organization, the report shall identify the prime contractor, subcontractor, or non-governmental organization and the action taken against the prime contractor, subcontractor, or non-governmental organization.
(D) A summary of any changes the Secretary concerned believes may be required to the organizational structure, project management and oversight practices, policy, or authorities of a government organization involved in military construction projects as a result of problems identified and lessons learned from the project.
(3) If any proceeding or investigation described in paragraph (2)(C) is still ongoing at the time the Secretary concerned submits the report under paragraph (1), the Secretary shall provide a supplemental report to the congressional defense committees not later than 30 days after such proceeding or investigation has been completed. If such proceeding or investigation resulted in final judicial or administrative action against a government employee, prime contractor, subcontractor, or non-governmental organization, the Secretary shall include in the supplemental report the information required by paragraph (2)(C).
(4) Each report under this subsection shall be cosigned by the senior engineer authorized to supervise military construction projects and military family housing projects under section 2851(a).
(5) The Secretary shall send the report required under paragraph (1) with respect to a project not later than 180 days after the Secretary sends to the appropriate committees of Congress the notification under paragraph (1) of subsection (c) of a cost increase with respect to the project.
**(g) Relation to Other Law.—** Notwithstanding the authority under subsections (a) through (f), the Secretary concerned shall ensure compliance of contracts for military construction projects and for the construction, improvement, and acquisition of military family housing projects with [section 1341 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341&num=0&edition=prelim) (commonly referred to as the “Anti-Deficiency Act”).
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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
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as specified in this subchapter or any other provision of law, an officer or employee of the United States Government or of the District of Columbia government may not—
(A) make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation;
(B) involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law;
(C) make or authorize an expenditure or obligation of funds required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985; or
(D) involve either government in a contract or obligation for the payment of money required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985.
(2) This subsection does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government.
**(b)** An article to be used by an executive department in the District of Columbia that could be bought out of an appropriation made to a regular contingent fund of the department may not be bought out of another amount available for obligation.
**(c)**
(1) In this subsection—
(A) the term “covered lapse in appropriations” means any lapse in appropriations that begins on or after December 22, 2018;
(B) the term “District of Columbia public employer” means—
(i) the District of Columbia Courts;
(ii) the Public Defender Service for the District of Columbia; or
(iii) the District of Columbia government;
(C) the term “employee” includes an officer; and
(D) the term “excepted employee” means an excepted employee or an employee performing
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of law, no action may be taken to effect or implement—
(1) the closure, including a mothball action, divestiture, deactivation, or any other action to render inoperable, of any military installation at which at least 300 civilian personnel are authorized to be employed;
(2) any realignment with respect to any military installation referred to in paragraph (1) involving a reduction by more than 1,000, or by more than 50 percent, in the number of civilian personnel authorized to be employed at such military installation at the time the Secretary of Defense or the Secretary of the military department concerned notifies the Congress under subsection (b) of the Secretary’s plan to close or realign such installation; or
(3) any construction, conversion, or rehabilitation at any military facility other than a military installation referred to in clause (1) or (2) which will or may be required as a result of the relocation of civilian personnel to such facility by reason of any closure or realignment to which clause (1) or (2) applies,
unless and until the provisions of subsection (b) are complied with.
**(b)** No action described in subsection (a) with respect to the closure of, or a realignment with respect to, any military installation referred to in such subsection may be taken unless and until—
(1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, as part of an annual request for authorization of appropriations to such Committees, of the proposed closing or realignment and submits with the notification—
(A) an evaluation of the fiscal, local economic, budgetary, environme
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Subject to the requirements of [section 2853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2853&num=0&edition=prelim), the Secretary concerned may enter into transactions (other than contracts, cooperative agreements, or grants) to carry out repair and construction projects for facilities, including the planning, design, engineering, prototyping, piloting, and execution of such repair and construction projects.
**(b) Use of Amounts.—** The Secretary concerned may carry out projects under subsection (a) using amounts available to such Secretary for military construction, operation and maintenance, or research, development, test, and evaluation, notwithstanding chapters 221 and 223 and [section 2851(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2851/a&num=0&edition=prelim).
**(c) Follow-on Transactions.—** A transaction entered into under this section for a project may provide for the award of a follow-on production contract or transaction to the participants in the transaction without further competition, if—
(1) competitive procedures were used for the selection of parties for participation in the original transaction; and
(2) the participants in the original transaction successfully completed—
(A) a complete and useable facility; or
(B) a complete and useable improvement to a facility.
**(d) Notification Requirement.—**
(1) Not later than 14 days before entering into a transaction for a project under this section, the Secretary concerned shall submit to the congressional defense committees a notification of the intent to use this authority in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=gran
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Federal law — U.S. Code and appendices · legal_authorities
Page 2272
TITLE 10—ARMED FORCES
§ 2852
of the Senate, a Chief Housing Officer who shall oversee
family housing and military unaccompanied housing
under the jurisdiction of the Department of Defense or
acquired or constructed under subchapter IV of this
chapter (in this section referred to as ‘covered housing
units’).
‘‘(2) The official of the Department of Defense des-
ignated as Chief Housing Officer may be assigned duties
in addition to the duties as Chief Housing Officer under
subsection (b).’’
2021—Pub. L. 116–283, § 2811(a)(3), renumbered section
2890a of this title as this section.
Pub. L. 116–283, § 2811(a)(2), inserted ‘‘Supervision of
military housing by’’ before ‘‘Chief’’ in section catch-
line.
Subsec. (a)(1). Pub. L. 116–283, § 2811(a)(1)(A), sub-
stituted ‘‘family housing and military unaccompanied
housing under the jurisdiction of the Department of
Defense or acquired or constructed under subchapter IV
of this chapter (in this section referred to as ‘covered
housing units’)’’ for ‘‘housing units’’.
Subsec. (b)(1). Pub. L. 116–283, § 2811(a)(1)(B)(ii), in-
serted ‘‘covered’’ before ‘‘housing units’’ in subpars. (A)
and (B).
Pub. L. 116–283, § 2811(a)(1)(B)(i), substituted ‘‘covered
housing units’’ for ‘‘housing under subchapter IV and
this subchapter’’ in introductory provisions.
Statutory Notes and Related Subsidiaries
NOTIFICATION OF DESIGNATION
Pub. L. 116–92, div. B, title XXX, § 3012(b), Dec. 20,
2019, 133 Stat. 1921, provided that not later than 60 days
after Dec. 20, 2019, the Secretary of Defense was to no-
tify the Committees on Armed Services and Appropria-
tions of the Senate and the House of Representatives of
the official of the Department of Defense designated as
Chief Housing Officer under this section. As amended
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2853
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