§2817 Authority for Certain Construction Projects in Friendly Foreign Countries

Summary

The Secretary of Defense may use operations and maintenance money to build or plan a construction project in a friendly foreign country if certain rules are met. The regional combatant commander must say the project is needed for vital U.S. military needs at an air, sea, rail, or other logistics point. The project cannot be on a military base. The money used must be enough to finish a usable new facility, complete a repair, or finish an improvement, and it must not require other Defense Department accounts. Work must be the minimum needed to meet the military need. Waiting to include the project in a later National Defense Authorization Act must be inconsistent with the military need and U.S. national security. If the project will cost more than the unspecified minor military construction limit in section 2805(c), the Secretary must notify certain congressional committees, certify the rules above are met, explain why the project is needed, and give a cost estimate. The Secretary can start only after 30 days from the date those committees get the electronic notice under section 480. The Secretary may not obligate more than $200,000,000 in any fiscal year under this authority, but may add up to $10,000,000 more in a year for contract closeouts. No single project may exceed $15,000,000. "Specified congressional committees" means the Senate and House Armed Services Committees and the Defense and Military Construction, Veterans Affairs, and Related Agencies subcommittees of both Appropriations Committees.