Within the amount appropriated for such purpose, the Secretary of Defense may carry out a military construction project not otherwise authorized by law, or may authorize the Secretary of a military department to carry out such a project, if the Secretary of Defense determines that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or national interest.
(b)
section 480 of this title When a decision is made to carry out a military construction project under this section, the Secretary of Defense shall submit a report to the appropriate committees of Congress on that decision. Each such report shall include the justification for the project, the current estimate of the cost of the project, and the justification for carrying out the project under this section. The project may then be carried out only after the end of the seven-day period beginning on the date the notification is received by such committees in an electronic medium pursuant to .
Pub. L. 116–2832021—Subsec. (b). struck out “; and” after “seven-day period”.
Pub. L. 116–922019—Subsec. (b). substituted “include the justification” for “include (1) the justification”, “project, the current” for “project and the current”, and “and the justification” for “and (2) the justification”.
Pub. L. 115–912017—Subsec. (b). struck out “in writing” after “submit a report” 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 “such committees” and substituted “seven-day period; and” for “14-day period”.
Pub. L. 109–1632006—Subsec. (b). substituted “14-day period” for “21-day period” and “seven-day period” for “14-day period”.
Pub. L. 108–136section 480 of this title2003—Subsec. (b). inserted before period at end “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to ”.
Pub. L. 102–1901991—Subsec. (b). struck out before period at end “, or after each such committee has approved the project, if the committees approve the project before the end of that period”.
The Secretary of Defense may obligate appropriated funds available for operation and maintenance to carry out a construction project outside the United States that the Secretary determines meets each of the following conditions:
“(1)
50 U.S.C. 1621 The construction is necessary to meet urgent military operational requirements of a temporary nature involving the use of the Armed Forces in support of a declaration of war, the declaration by the President of a national emergency under section 201 of the National Emergencies Act (), or a contingency operation.
“(2)
The construction is not carried out at a military installation where the United States is reasonably expected to have a long-term presence.
“(3)
The United States has no intention of using the construction after the operational requirements have been satisfied.
“(4)
The level of construction is the minimum necessary to meet the temporary operational requirements.
“(b)
Notification of Obligation of Funds .—
section 2805(c) of title 10section 480 of title 10Before using appropriated funds available for operation and maintenance to carry out a construction project outside the United States that has an estimated cost in excess of the amounts authorized for unspecified minor military construction projects under , United States Code, the Secretary of Defense shall submit to the congressional committees specified in subsection (d) a notice regarding the construction project. The project may be carried out only after the end of the 14-day period beginning on the date the notice is received by the committees, including when a copy of the notification is provided in an electronic medium pursuant to , United States Code. The notice shall include the following:
“(1)
Certification that the conditions specified in subsection (a) are satisfied with regard to the construction project.
“(2)
A description of the purpose for which appropriated funds available for operation and maintenance are being obligated.
“(3)
All relevant documentation detailing the construction project.
“(4)
An estimate of the total amount obligated for the construction.
“(c)
Annual Limitation on Use of Authority .—
(1)
The total cost of the construction projects carried out under the authority of this section using, in whole or in part, appropriated funds available for operation and maintenance shall not exceed $50,000,000 during each of the following periods:
“(A)
The period beginning , and ending on the earlier of , or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2023 [].
“(B)
The period beginning , and ending on the earlier of , or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2024.
“(2)
Notwithstanding paragraph (1), the Secretary of Defense may authorize the obligation under this section of not more than an additional $10,000,000 of appropriated funds available for operation and maintenance for a fiscal year if the Secretary determines that the additional funds are needed for costs associated with contract closeouts.
“(3)
The total amount of operation and maintenance funds used for a single construction project carried out under the authority of this section shall not exceed $15,000,000. The Secretary of Defense may waive this limitation on a project-by-project basis. This waiver authority may not be delegated.
“(d)
Congressional Committees .—
The congressional committees referred to in this section are the following:
“(1)
The Committee on Armed Services and the Subcommittee on Defense and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate.
“(2)
The Committee on Armed Services and the Subcommittee on Defense and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives.
“(e)
Effect of Failure to Submit Project Notifications .—
If the advance notice of the proposed obligation of the funds for a construction project required by subsection (b) is not submitted to the congressional committees specified in subsection (d) by the required date, appropriated funds available for operation and maintenance may not be obligated or expended after that date under the authority of this section to carry out construction projects outside the United States until the date on which the notice is finally submitted.”
Public Law 108–136117 Stat. 1723section 2804 of title 10“The Law Revision Counsel is directed to classify section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of ; ), as amended by subsection (a), as a note following , United States Code.”