10 U.S.C. § 2803 — Emergency construction
submitted 44 years ago by Pub. L. 97-214 to r/title-10-ARMED-FORCES · 261 words · no verdicts yet
The concerned Secretary may carry out an otherwise unauthorized military construction project when it is vital and so urgent that waiting for the next authorization act would be inconsistent with the specified national interests. Congress must receive notice, and annual and available-funding limits apply.
(a) Subject to (b) and (c), the concerned Secretary may carry out a military construction project not otherwise authorized by law if the Secretary decides that (1) it is vital to national security, health, safety, or environmental quality, and (2) the need is so urgent that waiting to include it in the next Military Construction Authorization Act would conflict with the applicable protection. (b) When deciding to do this, the Secretary must report to the appropriate congressional committees. The report must give (1) the project’s justification and current cost estimate, (2) why this section is being used, and (3) the funding source. The project may begin only after the five-day period following the committees’ receipt of the electronic notification under section 480 ends. (c)(1) The Secretary may obligate no more than $50 million under this section in a fiscal year. (2) The project must stay within unobligated funds appropriated for military construction.
Subject to subsections (b) and (c), the Secretary concerned* may carry out a military construction project not otherwise authorized by law if the Secretary determines (1) that the project is vital to the national security or to the protection of health, safety, or the quality of the environment, and (2) that the requirement for the project is so urgent that deferral of the 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.
When a decision is made to carry out a military construction project under this section, the Secretary concerned shall submit a report to the appropriate committees of Congress* on that decision. Each such report shall include (1) the justification for the project and the current estimate of the cost of the project, (2) the justification for carrying out the project under this section, and (3) a statement of the source of the funds to be used to carry out the project. The project may then be carried out only after the end of the five-day period beginning on the date the notification is received by such committees in an electronic medium pursuant to section 480 of this title.
The maximum amount that the Secretary concerned may obligate in any fiscal year under this section is $50,000,000.
A project carried out under this section shall be carried out within the total amount of funds appropriated for military construction that have not been obligated.
Source credit: (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 154; amended Pub. L. 102–190, div. B, title XXVIII, §§ 2803, 2870(2), Dec. 5, 1991, 105 Stat. 1537, 1562; Pub. L. 102–484, div. A, title X, § 1053(9), Oct. 23, 1992, 106 Stat. 2502; Pub. L. 108–136, div. A, title X, § 1031(a)(34), div. B, title XXVIII, § 2802, Nov. 24, 2003, 117 Stat. 1600, 1719; Pub. L. 109–364, div. B, title XXVIII, § 2801, Oct. 17, 2006, 120 Stat. 2466; Pub. L. 112–81, div. A, title X, § 1064(9), Dec. 31, 2011, 125 Stat. 1587; Pub. L. 115–91, div. B, title XXVIII, § 2801(a)(1), Dec. 12, 2017, 131 Stat. 1840.)
- 1982Enacted · Pub. L. 97-214 · 96 Stat. 154
- 1991Amended · Pub. L. 102-190 · 105 Stat. 1537, 1562
- 1992Amended · Pub. L. 102-484 · 106 Stat. 2502
- 2003Amended · Pub. L. 108-136 · 117 Stat. 1600, 1719
- 2006Amended · Pub. L. 109-364 · 120 Stat. 2466
- 2011Amended · Pub. L. 112-81 · 125 Stat. 1587
- 2017Amended · Pub. L. 115-91 · 131 Stat. 1840
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-214 on 1982-07-12.
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