§2817 Authority for certain construction projects in friendly foreign countries

Summary

The Secretary of Defense may use operations and maintenance money to build, repair, or do planning and design for a construction project in a friendly foreign country if a geographic combatant commander says the work is needed to support vital U.S. military needs at an air, sea, rail, or other logistics entry point. The project must not be on a military installation. The funds must be enough to finish a usable facility or complete repairs without taking money from other Defense accounts. Work must be only the minimum needed. Waiting to put the project in a later National Defense Authorization Act would have to harm military or national security interests. If the project’s estimated cost is above the limit for unspecified minor military construction (per section 2805(c)), the Secretary must notify the specified congressional committees with a certification that the conditions are met, a justification, and a cost estimate. The Secretary must wait 30 days after those committees receive the notice electronically before starting. No more than $200,000,000 may be obligated in any fiscal year under this authority, with up to $10,000,000 extra allowed in a year for contract closeouts, and no single project may exceed $15,000,000. The specified congressional committees are the Senate and House Armed Services Committees and the Defense and Military Construction, Veterans Affairs, and Related Agencies subcommittees of the Senate and House Appropriations Committees.