
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 2802]
[CITE: 10USC2853]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
  SUBCHAPTER III--ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY 
                             FAMILY HOUSING
 
Sec. 2853. Authorized cost variations

    (a) Except as provided in subsection (c) or (d), the cost authorized 
for a military construction project or for the construction, 
improvement, and acquisition of a military family housing project may be 
increased by not more than 25 percent of the amount appropriated for 
such project or 200 percent of the minor construction project ceiling 
specified in section 2805(a)(1), whichever is less, if the Secretary 
concerned determines that such an increase in 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 approved originally by Congress.
    (b) 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 approved for that project, 
construction, improvement, or acquisition by Congress.
    (c) The limitation on cost increase in subsection (a) or the 
limitation on scope reduction in subsection (b) does not apply if--
        (1) the increase in cost or reduction in scope is approved by 
    the Secretary concerned;
        (2) the Secretary concerned notifies the appropriate committees 
    of Congress in writing of the increase or reduction and the reasons 
    therefor; and
        (3) a period of 21 days has elapsed after the date on which the 
    notification is received by the committees.

    (d) The limitation on cost increases in subsection (a) does not 
apply to the settlement of a contractor claim under a contract.

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 164; amended 
Pub. L. 98-407, title VIII, Sec. 807, Aug. 28, 1984, 98 Stat. 1521; Pub. 
L. 100-26, Sec. 7(f)(2), Apr. 21, 1987, 101 Stat. 281; Pub. L. 100-180, 
div. B, subdiv. 3, title I, Secs. 2312, 2313, Dec. 4, 1987, 101 Stat. 
1217, 1218; Pub. L. 101-189, div. B, title XXVIII, Sec. 2808, Nov. 29, 
1989, 103 Stat. 1648; Pub. L. 104-106, div. B, title XXVIII, Sec. 2817, 
Feb. 10, 1996, 110 Stat. 553.)


                               Amendments

    1996--Subsec. (d). Pub. L. 104-106 amended subsec. (d) generally. 
Prior to amendment, subsec. (d) read as follows: ``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 promptly submits written 
notification of the facts relating to the proposed increase in cost to 
the appropriate committees of Congress.''
    1989--Pub. L. 101-189 amended section generally, substituting 
subsecs. (a) to (d) for former subsecs. (a) to (f).
    1987--Subsec. (a)(1). Pub. L. 100-180, Sec. 2312, substituted 
``Except as provided in paragraph (2), the total cost authorized for 
military construction projects at an installation (including each 
project the cost of which is included 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 
subsection (f))) may be increased by not more than 25 percent of the 
amount appropriated for the project''.
    Pub. L. 100-26, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 2313, substituted ``construction, 
improvement,'' for ``construction''.
    Subsec. (e). Pub. L. 100-26, Sec. 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, Sec. 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''.


                             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.

                  Section Referred to in Other Sections

    This section is referred to in section 2861 of this title.
