50 U.S.C. § 491 — Establishment and development of land-based air warning and control installations and facilities; extent of appropriation; procurement of communication services
submitted 77 years ago by ch. 41 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 311 words · no verdicts yet
The Secretary of the Air Force may establish land-based air-warning and control facilities and obtain communications for the semiautomatic ground environment system. The section sets spending, contract-length, government-liability, audit, and preferred-provider limits.
The Secretary of the Air Force may establish and develop land-based air-warning and control installations and facilities inside and outside the continental United States to carry out the Department of the Air Force’s air-defense responsibilities. The Secretary may build, install, or equip temporary or permanent public works, including buildings, facilities, related structures, utilities, and access roads, and may provide necessary administration and planning. The Secretary may do this without regard to section 3324(a) and (b) of title 31 when the Secretary considers it necessary for national security. No more than $85,500,000 may be appropriated for the public works authorized by this section.
The Secretary may obtain the communications services required for the semiautomatic ground environment system. A contract for those services may not last more than 10 years from the date the services are first provided. The government’s total possible liability under the termination provisions of all contracts authorized by this section may not exceed $222,000,000. The Government Accountability Office must have access to carrier records and accounts that it considers necessary to audit them.
When obtaining these services, the Secretary must use, as fully as practicable, the facilities and capabilities of communications common carriers, including rural telephone cooperatives, within their service areas. For power, the Secretary must likewise use, as fully as practicable, public utilities and rural electric cooperatives within their service areas. Negotiations with communications common carriers, including cooperatives, and representation in proceedings involving those carriers before Federal and State regulators, when they concern contracts authorized by this paragraph, must follow sections 501 through 505 of title 40.
The Secretary of the Air Force is authorized to establish and develop within and without the continental limits of the United States in fulfilling the air defense responsibilities of the Department of the Air Force such land-based air warning and control installations and facilities, by the construction, installation, or equipment of temporary or permanent public works, including buildings, facilities, appurtenances, utilities, and access roads, and to provide for necessary administration and planning therefor, without regard to section 3324(a) and (b) of title 31, as he may deem necessary in the interest of national security: Provided, That not to exceed $85,500,000 shall be appropriated for the construction of public works authorized by this section.
The Secretary of the Air Force is authorized to procure communication services required for the semiautomatic ground environment system. No contract for such services may be for a period of more than ten years from the date communication services are first furnished under such contract. The aggregate contingent liability of the Government under the termination provisions of all contracts authorized hereunder may not exceed a total of $222,000,000 and the Government Accountability Office shall have access to such carrier records and accounts as it may deem necessary for the purpose of audit. In procuring such services, the Secretary of the Air Force shall utilize to the fullest extent practicable the facilities and capabilities of communication common carriers, including rural telephone cooperatives, within their respective service areas and for power supply, shall utilize to the fullest extent practicable, the facilities and capabilities of public utilities and rural electric cooperatives within their respective service areas. Negotiations with communication common carriers, including cooperatives, and representation in proceedings involving such carriers before Federal and State regulatory bodies where such negotiations or proceedings involve contracts authorized by this paragraph shall be in accordance with the provisions of sections 501–505 of title 40.
Source credit: (Mar. 30, 1949, ch. 41, § 1, 63 Stat. 17; Aug. 3, 1956, ch. 939, title III, § 303, 70 Stat. 1012; Pub. L. 97–214, § 10(b)(4), July 12, 1982, 96 Stat. 175; Pub. L. 104–316, title I, § 128(a), Oct. 19, 1996, 110 Stat. 3841; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
- 1949Enacted · Act of Mar. 30, 1949, ch. 41 · 63 Stat. 17
- 1956Amended · Act of Aug. 3, 1956, ch. 939 · 70 Stat. 1012
- 1982Amended · Pub. L. 97-214 · 96 Stat. 175
- 1996Amended · Pub. L. 104-316 · 110 Stat. 3841
- 2004Amended · Pub. L. 108-271 · 118 Stat. 814
A history note hasn’t been published yet. The record shows enactment by ch. 41 on 1949-03-30.
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