§2803 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary may approve a military construction project that is not already authorized if it is essential to national security or to protect health, safety, or the environment, and if waiting for the next Military Construction Authorization Act would be too risky. Before the work starts, the Secretary must send an electronic report to the proper Congressional committees under section 480. The report must explain why the project is needed, give a current cost estimate, say why emergency approval is used, and name the funding source. Work can start only after five days from when the committees get the electronic notice. No more than $50,000,000 may be obligated in any fiscal year for these projects, and the project must use only unobligated military construction funds.

Title 10, §2803

Armed Forces — Source: USLM XML via OLRC

(a)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.

(b)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.

(c)(1)The maximum amount that the Secretary concerned may obligate in any fiscal year under this section is $50,000,000.

(2)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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 “five-day period” for “seven-day period”. 2011—Subsec. (b). Pub. L. 112–81 substituted “after the end of the seven-day period” for “after the end of the 21-day period”. 2006—Subsec. (c)(1). Pub. L. 109–364 substituted “$50,000,000” for “$45,000,000”. 2003—Subsec. (b). Pub. L. 108–136, § 1031(a)(34), inserted before period at end “or, if earlier, the end of the seven-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”. Subsec. (c)(1). Pub. L. 108–136, § 2802, substituted “$45,000,000” for “$30,000,000”. 1992—Subsec. (b). Pub. L. 102–484 made technical amendment to directory language of Pub. L. 102–190, § 2870(2). See 1991 Amendment note below. 1991—Subsec. (a). Pub. L. 102–190, § 2803, substituted “or to the protection of health, safety, or the quality of the environment, and” for “, and” in cl. (1) and inserted “or the protection of health, safety, or environmental quality, as the case may be” before period at end of cl. (2). Subsec. (b). Pub. L. 102–190, § 2870(2), as amended by Pub. L. 102–484, struck out “, or after each such committee has approved the project, if the committee approves the project before the end of that period” after “by such committees”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 Amendment Pub. L. 102–484, div. A, title X, § 1053, Oct. 23, 1992, 106 Stat. 2501, provided that the amendment made by that section is effective Dec. 5, 1991.

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For

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and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.

§2803 Emergency Construction

Summary

Title 10, §2803

Notes & Related Subsidiaries

Editorial Notes

Amendments

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Effective Date

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Citations & Metadata