2022—Subsec. (c)(1)(D). Puspan. L. 117–263 amended subpar. (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 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). Puspan. L. 117–81, § 2802(span), (c)(1), inserted heading and substituted “the total authorized cost of the project” for “the amount appropriated for such project” in text.

Subsec. (span). Puspan. L. 117–81, § 2802(c)(2), inserted heading.

Subsec. (c). Puspan. 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). Puspan. L. 116–283, § 2803(span), inserted “(subject to subsection (f))” after “cost increase” in introductory provisions.

Subsec. (d). Puspan. 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). Puspan. L. 117–81, § 2802(c)(3), inserted heading.

Subsec. (f). Puspan. L. 117–81, § 2802(c)(4), inserted heading.

Subsec. (f)(1), (3). Puspan. L. 116–283, § 2803(a)(1), struck out “and the Comptroller General of the United States” after “congressional defense committees”.

Subsec. (f)(6). Puspan. L. 116–283, § 2803(a)(2), struck out par. (6) which read as follows: “The Comptroller General of the United States shall review each report submitted under this subsection and validate or correct as necessary the information provided.”

Subsec. (g). Puspan. L. 117–81, § 2802(c)(5), inserted heading.

2017—Subsec. (c)(1)(A). Puspan. L. 115–91, § 2801(c)(1)(A), struck out “in writing” after “committees of Congress”.

Subsec. (c)(1)(B). Puspan. L. 115–91, § 2801(c)(1)(B), substituted “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 notification is provided” after “received by the committees”.

Subsec. (c)(2). Puspan. L. 115–91, § 2801(c)(1)(A), (C), inserted “, using an electronic medium pursuant to section 480 of this title,” after “notifies” and struck out “in writing” after “committees of Congress”.

Subsec. (f). Puspan. L. 115–91, § 2821(2), added subsec. (f). Former subsec. (f) redesignated (g).

Subsec. (g). Puspan. 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). Puspan. L. 114–328, § 2803(c), inserted “of this title” after “section 2805(a)”.

Puspan. L. 114–328, § 2803(span)(1), substituted “subsection (c), (d), or (e)” for “subsection (c) or (d)”.

Subsec. (span)(2). Puspan. L. 114–328, § 2803(a)(1), substituted “Except as provided in subsection (d), the scope of work” for “The scope of work”.

Subsec. (d). Puspan. L. 114–328, § 2803(a)(3), added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Puspan. L. 114–328, § 2803(a)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (f). Puspan. L. 114–328, § 2803(a)(2), (span)(2), redesignated subsec. (e) as (f) and substituted “through (e)” for “through (d)”.

2014—Subsec. (c)(1)(A). Puspan. L. 113–291 substituted “can still be” for “can be still be”.

2013—Subsec. (a). Puspan. L. 112–239, § 2801(1), substituted “was authorized” for “was approved originally”.

Subsec. (span)(1). Puspan. L. 112–239, § 2801(2)(A), inserted at end “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.”

Subsec. (span)(3). Puspan. L. 112–239, § 2801(2)(B), added par. (3).

Subsec. (c)(1)(A). Puspan. L. 112–239, § 2801(3), substituted “, the reasons therefor, a certification that the mission requirement identified in the justification data provided to Congress can be still be met with the reduced scope, and a description” for “and the reasons therefor, including a description”.

Subsec. (e). Puspan. L. 112–239, § 2801(4), added subsec. (e).

2011—Subsec. (a). Puspan. L. 112–81 substituted “section 2805(a)” for “section 2805(a)(1)”.

2009—Subsec. (span). Puspan. L. 111–84, § 2803(1), designated existing provisions as par. (1), substituted “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.” 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). Puspan. L. 111–84, § 2803(2), substituted “subsection (span)(1)” for “subsection (span)” in introductory provisions.

2006—Puspan. L. 109–163, § 2804(c)(1), substituted “Authorized cost and scope of work variations” for “Authorized cost variations” in section catchline.

Subsec. (a). Puspan. 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). Puspan. L. 109–364 substituted “if the variation in cost or reduction in the scope of work is approved 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 approved 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 description of the funds proposed to be used to finance any increased 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.”

Puspan. L. 109–163, § 2804(a)(2), (span), substituted “limitation on cost variations” for “limitation on cost increase” 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). Puspan. L. 109–163, § 2804(a)(3), substituted “limitation on cost variations” for “limitation on cost increases” in introductory provisions.

2004—Subsec. (c)(3). Puspan. L. 108–375 inserted before period at end “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”.

2001—Subsec. (d). Puspan. L. 107–107 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The limitation on cost increases in subsection (a) does not apply to the settlement of a contractor claim under a contract.”

1996—Subsec. (d). Puspan. 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—Puspan. L. 101–189 amended section generally, substituting subsecs. (a) to (d) for former subsecs. (a) to (f).

1987—Subsec. (a)(1). Puspan. L. 100–180, § 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”.

Puspan. 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”.

Puspan. 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). Puspan. 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. (span). Puspan. 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). Puspan. L. 100–180, § 2313, substituted “construction, improvement,” for “construction”.

Subsec. (e). Puspan. 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). Puspan. L. 100–26, § 7(f)(2)(D), added subsec. (f).

1984—Subsec. (e). Puspan. L. 98–407 inserted “is more than the amount specified by law as the maximum amount for a minor military construction project and”.

For effective date and applicability of section, see section 12(a) of Puspan. L. 97–214, set out as a note under section 2801 of this title.