10 U.S.C. § 2853 — Authorized cost and scope of work vari-

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 by Pub. L. 117–263, subsec. (a) of this section provides that the Assistant Secretary of Defense for Energy, In- stallations, and Environment shall serve as the Chief Housing Officer. § 2852. Military construction projects: waiver of certain restrictions (a) The Secretary of Defense and the Secre- taries of the military departments may carry out authorized military construction projects and authorized military family housing projects without regard to subsections (a) and (b) of sec- tion 3324 of title 31. (b) Authority to carry out a military construc- tion project or a military family housing project may be exercised on land not owned by the United States— (1) before title to the land on which the project is to be carried out is approved under section 3111 of title 40; and (2) even though the land will be held in other than a fee simple interest in a case in which the Secretary of the military department con- cerned determines that the interest to be ac- quired in the land is sufficient for the purposes of the project. (c) In the case of a military construction project or a military family housing project, the contract amount thresholds specified in sub- chapter III of chapter 31 of title 40 (commonly referred to as the Miller Act) shall be applied by substituting ‘‘$150,000’’ for ‘‘$100,000’’ for pur- poses of determining when a performance bond and payment bond are required under section 3131 of such title and when alternatives to pay- ment bonds as payment protections for suppliers of labor and materials are required under sec- tion 3132 of such title. (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 164; amended Pub. L. 97–295, § 1(35), Oct. 12, 1982, 96 Stat. 1296; Pub. L. 97–321, title VIII, § 805(a)(1), Oct. 15, 1982, 96 Stat. 1573; Pub. L. 99–145, title XIII, § 1303(a)(19), Nov. 8, 1985, 99 Stat. 739; Pub. L. 107–217, § 3(b)(20), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 112–81, div. B, title XXVIII, § 2803, Dec. 31, 2011, 125 Stat. 1685.) HISTORICAL AND REVISION NOTES In 10:2852(a), the title 31 citation is substituted on au- thority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted title 31. Editorial Notes AMENDMENTS 2011—Subsec. (c). Pub. L. 112–81 added subsec. (c). 2002—Subsec. (b)(1). Pub. L. 107–217 substituted ‘‘sec- tion 3111 of title 40’’ for ‘‘section 355 of the Revised Statutes (40 U.S.C. 255)’’. 1985—Subsec. (a). Pub. L. 99–145 substituted ‘‘sub- sections (a) and (b) of section 3324’’ for ‘‘section 3324(a) and (b)’’. 1982—Subsec. (a). Pub. L. 97–295 substituted ‘‘section 3324(a) and (b) of title 31’’ for ‘‘section 3648 of the Re- vised Statutes (31 U.S.C. 529)’’. Subsec. (b). Pub. L. 97–321 substituted ‘‘may be exer- cised on land not owned by the United States’’ for ‘‘on land not owned by the United States may be exercised’’ in introductory text, redesignated former cl. (1) as par. (1), added par. (2), and struck out former cl. (2) which read as follows: ‘‘even though the land is held tempo- rarily’’. Statutory Notes and Related Subsidiaries 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. § 2853. Authorized cost and scope of work vari- ations (a) COST VARIATIONS AUTHORIZED; LIMITA- TION.—Except as provided in subsection (c), (d), or (e), the cost authorized for a military con- struction project or for the construction, im- provement, and acquisition of a military family housing project may be increased or decreased by not more than 25 percent of the total author- ized cost of the project or 200 percent of the minor construction project ceiling specified in section 2805(a) of this title, 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 reason- ably been anticipated at the time the project was authorized by Congress. (b) SCOPE OF WORK VARIATIONS AUTHORIZED; LIMITATION.—(1) Except as provided in sub- section (c), the scope of work for a military con- struction project or for the construction, im- provement, 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 ac- quisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or Page 2273 TITLE 10—ARMED FORCES § 2853 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 justifica- tion data provided to Congress as part of the re- quest for authorization of the project, construc- tion, 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, im- provement, 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 infra- structure contained in the justification data provided to Congress as part of the request for authorization of the project, construction, im- provement, or acquisition. (c) EXCEPTIONS TO LIMITATION ON COST VARI- ATIONS AND SCOPE OF WORK REDUCTIONS.—(1)(A) Except as provided in subparagraph (D), the Sec- retary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family hous- ing project under subsection (a) and approve an increase in the cost authorized for the project in excess of that limitation if the Secretary con- cerned notifies the appropriate committees of Congress of the cost increase in the manner pro- vided 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 suffi- cient to meet the mission requirement identi- fied in the justification data provided to Con- gress 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 ef- fect only after the end of the 14-day period be- ginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an elec- tronic medium pursuant to section 480 of this title. (D) The Secretary concerned may not use the authority provided by subparagraph (A) to waive the cost limitation applicable to a military con- struction 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 in- crease 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 Sec- retary concerned notifies the appropriate com- mittees of Congress of the cost decrease not later than 14 days after the date funds are obli- gated 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. (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 sub- section (b)(1) and approve a scope of work reduc- tion for the project in excess of that limitation if the Secretary concerned notifies the appro- priate 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 ef- fect only after the end of the 14-day period be- ginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an elec- tronic medium pursuant to section 480 of this title. (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 noti- fies 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. (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 Con- Page 2274 TITLE 10—ARMED FORCES § 2853 gress 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 re- mediation of an environmental hazard in con- nection with a military construction project or military family housing project, such as as- bestos removal, radon abatement, lead-based paint removal or abatement, or any other le- gally required environmental hazard remedi- ation, if the required remediation could not have reasonably been anticipated at the time the project was approved originally by Con- gress. (f) ADDITIONAL REPORTING REQUIREMENT FOR CERTAIN COST INCREASES.—(1) In addition to the notification sent under paragraph (1) of sub- section (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 construc- tion 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 in- clude the following— (A) A description of the specific reasons for the cost increase and the specific organiza- tions and individuals responsible. (B) A description of any ongoing or com- pleted proceedings or investigation into a gov- ernment employee, prime contractor, subcon- tractor, or non-governmental organization that may be responsible for the cost increase, and the status of such proceeding or investiga- tion. (C) If any proceeding or investigation identi- fied in subparagraph (B) resulted in final judi- cial or administrative action, the following: (i) In the case of a judicial or administra- tive action taken against a government em- ployee, the report shall identify the individ- ual’s organization, position within the orga- nization, and the action taken against the individual, but shall exclude personally iden- tifiable information about the individual. (ii) In the case of a judicial or administra- tive action taken against a prime con- tractor, subcontractor, or non-governmental organization, the report shall identify the prime contractor, subcontractor, or non-gov- ernmental organization and the action taken against the prime contractor, subcon- tractor, or non-governmental organization. (D) A summary of any changes the Secretary concerned believes may be required to the or- ganizational structure, project management and oversight practices, policy, or authorities of a government organization involved in mili- tary construction projects as a result of prob- lems 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 de- fense committees not later than 30 days after such proceeding or investigation has been com- pleted. If such proceeding or investigation re- sulted in final judicial or administrative action against a government employee, prime con- tractor, subcontractor, or non-governmental or- ganization, 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 re- quired under paragraph (1) with respect to a project not later than 180 days after the Sec- retary 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 compli- ance of contracts for military construction projects and for the construction, improvement, and acquisition of military family housing projects with section 1341 of title 31 (commonly referred to as the ‘‘Anti-Deficiency Act’’). (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 164; amended Pub. L. 98–407, title VIII, § 807, Aug. 28, 1984, 98 Stat. 1521; Pub. L. 100–26, § 7(f)(2), Apr. 21, 1987, 101 Stat. 281; Pub. L. 100–180, div. B, subdiv. 3, title I, §§ 2312, 2313, Dec. 4, 1987, 101 Stat. 1217, 1218; Pub. L. 101–189, div. B, title XXVIII, § 2808, Nov. 29, 1989, 103 Stat. 1648; Pub. L. 104–106, div. B, title XXVIII, § 2817, Feb. 10, 1996, 110 Stat. 553; Pub. L. 107–107, div. B, title XXVIII, § 2802, Dec. 28, 2001, 115 Stat. 1305; Pub. L. 108–375, div. B, title XXVIII, § 2803, Oct. 28, 2004, 118 Stat. 2121; Pub. L. 109–163, div. B, title XXVIII, § 2804(a)–(c)(1), Jan. 6, 2006, 119 Stat. 3506; Pub. L. 109–364, div. B, title XXVIII, § 2806, Oct. 17, 2006, 120 Stat. 2468; Pub. L. 111–84, div. B, title XXVIII, § 2803, Oct. 28, 2009, 123 Stat. 2661; Pub. L. 112–81, div. B, title XXVIII, § 2802(c)(2), Dec. 31, 2011, 125 Stat. 1685; Pub. L. 112–239, div. B, title XXVIII, § 2801, Jan. 2, 2013, 126 Stat. 2146; Pub. L. 113–291, div. A, title X, § 1071(f)(24), Dec. 19, 2014, 128 Stat. 3511; Pub. L. 114–328, div. B, title XXVIII, § 2803, Dec. 23, 2016, 130 Stat. 2712; Pub. L. 115–91, div. B, title XXVIII, §§ 2801(c)(1), 2821, Dec. 12, 2017, 131 Stat. 1843, 1853; Pub. L. 116–283, div. B, title XXVIII, § 2803(a), (b), Jan. 1, 2021, 134 Stat. 4319, 4320; Pub. L. 117–81, div. B, title XXVIII, § 2802, Dec. 27, 2021, 135 Stat. 2184; Pub. L. 117–263, div. B, title XXVIII, § 2808, Dec. 23, 2022, 136 Stat. 2996.) Editorial Notes AMENDMENTS 2022—Subsec. (c)(1)(D). Pub. L. 117–263 amended sub- par. (D) generally. Prior to amendment, subpar. (D) read as follows: ‘‘The Secretary concerned may not use the authority provided by subparagraph (A)— ‘‘(i) 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 Page 2275 TITLE 10—ARMED FORCES § 2853 housing project with a total authorized cost greater than $500,000,000; and ‘‘(ii) to approve an increase in the cost authorized for the project that would increase the project cost by more than 50 percent of the total authorized cost of the project.’’ 2021—Subsec. (a). Pub. L. 117–81, § 2802(b), (c)(1), in- serted heading and substituted ‘‘the total authorized cost of the project’’ for ‘‘the amount appropriated for such project’’ in text. Subsec. (b). Pub. L. 117–81, § 2802(c)(2), inserted head- ing. Subsec. (c). Pub. L. 117–81, § 2802(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to situations where limitation on cost variations or the limitation on scope reduction did not apply. Subsec. (c)(1). Pub. L. 116–283, § 2803(b), inserted ‘‘(sub- ject to subsection (f))’’ after ‘‘cost increase’’ in intro- ductory provisions. Subsec. (d). Pub. L. 117–81, § 2802(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to situations where the limitation on an increase in the scope of work did not apply. Subsec. (e). Pub. L. 117–81, § 2802(c)(3), inserted head- ing. Subsec. (f). Pub. L. 117–81, § 2802(c)(4), inserted head- ing. Subsec. (f)(1), (3). Pub. L. 116–283, § 2803(a)(1), struck out ‘‘and the Comptroller General of the United States’’ after ‘‘congressional defense committees’’. Subsec. (f)(6). Pub. L. 116–283, § 2803(a)(2), struck out par. (6) which read as follows: ‘‘The Comptroller Gen- eral of the United States shall review each report sub- mitted under this subsection and validate or correct as necessary the information provided.’’ Subsec. (g). Pub. L. 117–81, § 2802(c)(5), inserted head- ing. 2017—Subsec. (c)(1)(A). Pub. L. 115–91, § 2801(c)(1)(A), struck out ‘‘in writing’’ after ‘‘committees of Con- gress’’. Subsec. (c)(1)(B). Pub. L. 115–91, § 2801(c)(1)(B), sub- stituted ‘‘14-day period’’ for ‘‘period of 21 days’’ and struck out ‘‘or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notifica- tion is provided’’ after ‘‘received by the committees’’. Subsec. (c)(2). Pub. L. 115–91, § 2801(c)(1)(A), (C), in- serted ‘‘, using an electronic medium pursuant to sec- tion 480 of this title,’’ after ‘‘notifies’’ and struck out ‘‘in writing’’ after ‘‘committees of Congress’’. Subsec. (f). Pub. L. 115–91, § 2821(2), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 115–91, § 2821(1), (3), redesignated subsec. (f) as (g) and substituted ‘‘subsections (a) through (f)’’ for ‘‘subsections (a) through (e)’’. 2016—Subsec. (a). Pub. L. 114–328, § 2803(c), inserted ‘‘of this title’’ after ‘‘section 2805(a)’’. Pub. L. 114–328, § 2803(b)(1), substituted ‘‘subsection (c), (d), or (e)’’ for ‘‘subsection (c) or (d)’’. Subsec. (b)(2). Pub. L. 114–328, § 2803(a)(1), substituted ‘‘Except as provided in subsection (d), the scope of work’’ for ‘‘The scope of work’’. Subsec. (d). Pub. L. 114–328, § 2803(a)(3), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 114–328, § 2803(a)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 114–328, § 2803(a)(2), (b)(2), redesig- nated subsec. (e) as (f) and substituted ‘‘through (e)’’ for ‘‘through (d)’’. 2014—Subsec. (c)(1)(A). Pub. L. 113–291 substituted ‘‘can still be’’ for ‘‘can be still be’’. 2013—Subsec. (a). Pub. L. 112–239, § 2801(1), substituted ‘‘was authorized’’ for ‘‘was approved originally’’. Subsec. (b)(1). Pub. L. 112–239, § 2801(2)(A), inserted at end ‘‘Any reduction in scope of work for a military con- struction 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, construc- tion, improvement, or acquisition.’’ Subsec. (b)(3). Pub. L. 112–239, § 2801(2)(B), added par. (3). Subsec. (c)(1)(A). Pub. L. 112–239, § 2801(3), substituted ‘‘, the reasons therefor, a certification that the mission requirement identified in the justification data pro- vided to Congress can be still be met with the reduced scope, and a description’’ for ‘‘and the reasons therefor, including a description’’. Subsec. (e). Pub. L. 112–239, § 2801(4), added subsec. (e). 2011—Subsec. (a). Pub. L. 112–81 substituted ‘‘section 2805(a)’’ for ‘‘section 2805(a)(1)’’. 2009—Subsec. (b). Pub. L. 111–84, § 2803(1), designated existing provisions as par. (1), substituted ‘‘may be re- duced by not more than 25 percent from the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Con- gress as part of the request for authorization of the project, construction, improvement, or acquisition.’’ for ‘‘may be reduced by not more than 25 percent from the amount approved for that project, construction, improvement, or acquisition by Congress.’’, and added par. (2). Subsec. (c). Pub. L. 111–84, § 2803(2), substituted ‘‘sub- section (b)(1)’’ for ‘‘subsection (b)’’ in introductory pro- visions. 2006—Pub. L. 109–163, § 2804(c)(1), substituted ‘‘Author- ized cost and scope of work variations’’ for ‘‘Authorized cost variations’’ in section catchline. Subsec. (a). Pub. L. 109–163, § 2804(a)(1), substituted ‘‘may be increased or decreased by not more than 25 percent’’ for ‘‘may be increased by not more than 25 percent’’ and ‘‘if the Secretary concerned determines that such revised cost is required’’ for ‘‘if the Secretary concerned determines that such an increase in cost is required’’. Subsec. (c). Pub. L. 109–364 substituted ‘‘if the vari- ation in cost or reduction in the scope of work is ap- proved by the Secretary concerned and—’’ for ‘‘if—’’ in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) to (3) which read as follows: ‘‘(1) the variation in cost or reduction in scope is ap- proved by the Secretary concerned; ‘‘(2) the Secretary concerned notifies the appropriate committees of Congress in writing of the variation or reduction and the reasons therefor, including a descrip- tion of the funds proposed to be used to finance any in- creased costs; and ‘‘(3) a period of 21 days has elapsed after the date on which the notification is received by the committees or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title.’’ Pub. L. 109–163, § 2804(a)(2), (b), substituted ‘‘limita- tion on cost variations’’ for ‘‘limitation on cost in- crease’’ in introductory provisions, ‘‘the variation’’ for ‘‘the increase’’ in pars. (1) and (2), and inserted ‘‘, including a description of the funds proposed to be used to finance any increased costs’’ after ‘‘the reasons therefor’’ in par. (2). Subsec. (d). Pub. L. 109–163, § 2804(a)(3), substituted ‘‘limitation on cost variations’’ for ‘‘limitation on cost increases’’ in introductory provisions. 2004—Subsec. (c)(3). Pub. L. 108–375 inserted before pe- riod at end ‘‘or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notifica- tion is provided in an electronic medium pursuant to section 480 of this title’’. 2001—Subsec. (d). Pub. L. 107–107 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘The limitation on cost increases in subsection (a) does not apply to the settlement of a contractor claim under a contract.’’ 1996—Subsec. (d). Pub. L. 104–106 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘The limitation on cost increases in subsection (a) does not apply to a within-scope modification to a contract or to the settlement of a contractor claim under a contract if the increase in cost is approved by the Secretary concerned, and the Secretary concerned 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 construction project’’ and ‘‘the amount of such ceiling’’ for ‘‘such maximum amount’’ in two places. Subsec. (c). Pub. L. 100–180, § 2313, substituted ‘‘con- struction, improvement,’’ for ‘‘construction’’. Subsec. (e). 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. (f). Pub. L. 100–26, § 7(f)(2)(D), added subsec. (f). 1984—Subsec. (e). Pub. L. 98–407 inserted ‘‘is more than the amount specified by law as the maximum amount for a minor military construction project and’’. Statutory Notes and Related Subsidiaries 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. § 2854. Restoration or replacement of damaged or destroyed facilities (a) Subject to subsection (b), the Secretary concerned may repair, restore, or replace a facil- ity under his jurisdiction, including a family housing facility, that has been damaged or de- stroyed. (b) When a decision is made to carry out con- struction under subsection (a) and the cost of the repair, restoration, or replacement is great- er than the maximum amount for a minor con- struction 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 notifica- tion is received by such committees in an elec- tronic medium pursuant to section 480 of this title. (c)(1) In using the authority described in sub- section (a) to carry out a military construction project to replace a facility, including a family housing facility, that has been damaged or de- stroyed, the Secretary concerned may use ap- propriations available for operation and mainte- nance if— (A) the damage or destruction to the facility was the result of a natural disaster or a ter- rorism 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-effec- tive than repair or restoration; and (iv) a certification that deferral of the re- placement project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or the protection of health, safety, or envi- ronmental quality, as the case may be. (2) A replacement project under this sub- section 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 appro- priations available for operation and mainte- nance in any fiscal year for replacement projects under the authority of this subsection is $100,000,000. (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 165; amended Pub. L. 102–190, div. B, title XXVIII, § 2870(7), Dec. 5, 1991, 105 Stat. 1563; Pub. L. 108–136, div. A, title X, § 1031(a)(45), Nov. 24, 2003, 117 Stat. 1602; Pub. L. 115–91, div. B, title XXVIII, §§ 2801(c)(2), 2805, Dec. 12, 2017, 131 Stat. 1843, 1846; Pub. L. 116–92, div. B, title XXVIII, § 2803, Dec. 20, 2019, 133 Stat. 1882.) Editorial Notes AMENDMENTS 2019—Subsec. (c)(3). Pub. L. 116–92 substituted ‘‘$100,000,000’’ for ‘‘$50,000,000’’. 2017—Subsec. (b). Pub. L. 115–91, § 2805(b), substituted ‘‘under subsection (a)’’ for ‘‘under this section’’. Pub. L. 115–91, § 2801(c)(2), struck out ‘‘in writing’’ after ‘‘shall notify’’ and ‘‘or, if earlier, the end of the seven-day period beginning on the date on which a copy of the notification is provided’’ after ‘‘received by such committees’’ and substituted ‘‘14-day period’’ for ‘‘21- day period’’. Subsec. (c). Pub. L. 115–91, § 2805(a), added subsec. (c). 2003—Subsec. (b). Pub. L. 108–136 inserted before pe- riod at end ‘‘or, if earlier, the end of the seven-day pe- riod beginning on the date on which a copy of the noti- fication is provided in an electronic medium pursuant to section 480 of this title’’. 1991—Subsec. (b). Pub. L. 102–190 struck out ‘‘(1)’’ after ‘‘carried out only’’ and ‘‘, or (2) after each such committee has approved the project, if the committees approve the project before the end of that period’’ be- fore period at end.