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Title 10 — Armed ForcesRelease 119-83

§2854 Restoration or Replacement of Damaged or Destroyed Facilities

Title 10 › Subtitle Subtitle A— General Military Law › Part IV— SERVICE, SUPPLY, AND PROPERTY › Chapter 169— MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › Subchapter III— ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › § 2854

Last updated Apr 18, 2026|Official source

Summary

The Secretary in charge can repair, restore, or replace any facility they oversee, including family housing, if it is damaged or destroyed. If the repair or replacement will cost more than the limit for a minor construction project, the Secretary must tell the relevant congressional committees why the project is needed, how much it will cost, where the money will come from, and why the work is being done under this authority. The Secretary must then wait 14 days after those committees receive the notice by electronic message under section 480 before starting the project. If the Secretary wants to use operation and maintenance funds to replace a facility damaged by a natural disaster or a terrorism incident, they can do so only after notifying the committees with the cost estimate and funding source. If the facility was damaged but not destroyed, the Secretary must also say that replacement is cheaper than repair. The Secretary must also say that delaying the project until the next Military Construction Authorization Act would harm national security or the protection of health, safety, or the environment. The Secretary must wait 7 days after the committees get the electronic notice, and may not obligate more than $300,000,000 from operation and maintenance funds for these replacements in any one fiscal year.

Full Legal Text

Title 10, §2854

Armed Forces — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—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 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 2854

Title 10 — Armed Forces

Last Updated

Apr 18, 2026

Release point: 119-83