§2804 Contingency construction

2021—Subsec. (b). Pub. L. 116–283 struck out “; and” after “seven-day period”. 2019—Subsec. (b). Pub. L. 116–92 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”. 2017—Subsec. (b). Pub. L. 115–91 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”. 2006—Subsec. (b). Pub. L. 109–163 substituted “14-day period” for “21-day period” and “seven-day period” for “14-day period”. 2003—Subsec. (b). Pub. L. 108–136 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 section 480 of this title”. 1991—Subsec. (b). Pub. L. 102–190 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”.

For

and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title. Authority to Use Operation and Maintenance Funds for Certain

Projects Outside the United States Pub. L. 108–136, div. B, title XXVIII, § 2808, Nov. 24, 2003, 117 Stat. 1723, as amended by Pub. L. 108–375, div. B, title XXVIII, § 2810, Oct. 28, 2004, 118 Stat. 2128; Pub. L. 109–163, div. B, title XXVIII, § 2809, Jan. 6, 2006, 119 Stat. 3508; Pub. L. 109–364, div. B, title XXVIII, § 2802, Oct. 17, 2006, 120 Stat. 2466; Pub. L. 110–181, div. B, title XXVIII, § 2801(a)–(d), Jan. 28, 2008, 122 Stat. 538, 539; Pub. L. 110–417, div. B, title XXVIII, § 2806, Oct. 14, 2008, 122 Stat. 4724; Pub. L. 111–84, div. B, title XXVIII, § 2806, Oct. 28, 2009, 123 Stat. 2662; Pub. L. 111–383, div. B, title XXVIII, § 2804, Jan. 7, 2011, 124 Stat. 4459; Pub. L. 112–81, div. B, title XXVIII, § 2804, Dec. 31, 2011, 125 Stat. 1685; Pub. L. 112–239, div. B, title XXVIII, § 2804, Jan. 2, 2013, 126 Stat. 2149; Pub. L. 113–66, div. B, title XXVIII, § 2808, Dec. 26, 2013, 127 Stat. 1012; Pub. L. 113–291, div. B, title XXVIII, § 2806, Dec. 19, 2014, 128 Stat. 3699; Pub. L. 114–92, div. B, title XXVIII, § 2802, Nov. 25, 2015, 129 Stat. 1169; Pub. L. 114–328, div. B, title XXVIII, § 2804, Dec. 23, 2016, 130 Stat. 2713; Pub. L. 115–91, div. B, title XXVIII, § 2804, Dec. 12, 2017, 131 Stat. 1846; Pub. L. 115–232, div. B, title XXVIII, § 2807, Aug. 13, 2018, 132 Stat. 2264; Pub. L. 116–283, div. B, title XXVIII, § 2806, Jan. 1, 2021, 134 Stat. 4322; Pub. L. 117–81, div. B, title XXVIII, § 2806, Dec. 27, 2021, 135 Stat. 2190; Pub. L. 117–263, div. B, title XXVIII, § 2809(a), (b)(1), (3)–(c), 136 Stat. 2996, provided that: “(a) In General.—The Secretary of Defense may obligate appropriated funds available for operation and maintenance to carry out a

project outside the United States that the Secretary determines meets each of the following conditions:“(1) The

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 (50 U.S.C. 1621), or a contingency operation. “(2) The

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

after the operational requirements have been satisfied. “(4) The level of

is the minimum necessary to meet the temporary operational requirements. “(b) Notification of Obligation of Funds.—Before using appropriated funds available for operation and maintenance to carry out a

project outside the United States that has an estimated cost in excess of the amounts authorized for unspecified minor military

projects under section 2805(c) of title 10, United States Code, the Secretary of Defense shall submit to the congressional committees specified in subsection (d) a notice regarding the

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 section 480 of title 10, United States Code. The notice shall include the following:“(1) Certification that the conditions specified in subsection (a) are satisfied with regard to the

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

project. “(4) An estimate of the total amount obligated for the

. “(c) Annual Limitation on Use of Authority.—(1) The total cost of the

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

, 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

, 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

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

projects outside the United States until the date on which the notice is finally submitted.” [Pub. L. 117–263, div. B, title XXVIII, § 2809(d), Dec. 23, 2022, 136 Stat. 2997, provided that: “The Law Revision Counsel is directed to classify section 2808 of the Military

Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as amended by subsection (a), as a note following section 2804 of title 10, United States Code.” ]