republic-os/legal/us/code/title-10/chapter-169/section-2854.md

type, title, description, jurisdiction, corpus, kind, title_number, title_name, chapter_number, chapter_name, section, citation, status, release_point, release_date, source, source_url, source_identifier, source_file, source_hash, raw_snapshot_hash, text_hash, retrieved_at, confidence, tags

type	title	description	jurisdiction	corpus	kind	title_number	title_name	chapter_number	chapter_name	section	citation	status	release_point	release_date	source	source_url	source_identifier	source_file	source_hash	raw_snapshot_hash	text_hash	retrieved_at	confidence	tags
LegalText	10 U.S.C. § 2854	Restoration or replacement of damaged or destroyed facilities	us	united_states_code	code_section	10	ARMED FORCES	169	MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING	2854	10 U.S.C. § 2854	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/s2854	data/legal/raw/us/code/title-10/usc10.xml	02a439710b8179d8f6dda9b29977ecf8e92aa973962f11ffc7fc24491bd00540	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	e691acae7e5609266cd2b25e45b42b7b9c1fc3671e912d30ec25e790f7fbcf70	2026-07-04	official	legal us-code

10 U.S.C. § 2854 - Restoration or replacement of damaged or destroyed facilities

Text

(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.

(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.

(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.

(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; Pub. L. 119–60, div. B, title XXVIII, § 2813, Dec. 18, 2025, 139 Stat. 1302.)

Notes

Editorial Notes

Amendments2025—Subsec. (c)(3). Pub. L. 119–60 substituted “$300,000,000” for “$100,000,000”. 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 period at end “or, if earlier, the end of the seven-day period beginning on the date on which a copy of the notification 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” before period at end.

Statutory Notes and Related Subsidiaries

Effective DateFor 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.