§2817 Authority for Certain Construction Projects in Friendly Foreign Countries

Summary

The Defense Secretary can use operations and maintenance money to build or plan a construction project in a friendly foreign country when certain rules are met. The regional combatant commander must say the work is needed to support vital U.S. military needs at an arrival or logistics site (like an air or sea port, rail hub, or similar place). The project cannot be on a U.S. military base. The money used must be enough to finish or repair the facility without needing other Defense Department accounts. Work must be only the minimum needed to meet the military need. The project also cannot be put off until it appears in the next year’s defense authorization if that delay would harm military or national security interests. If the project will cost more than the limit for unspecified minor military construction under section 2805(c), the Secretary must notify the specified congressional committees, certify the rules are met, explain why the work is needed, and give a cost estimate. The Secretary must wait 30 days after those committees get the notice electronically before starting the project. No more than $200,000,000 may be obligated under this authority in any fiscal year, plus up to $10,000,000 extra for contract closeouts that year, and 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 each Appropriations Committee.