§2421f Sustainability Requirements for Certain Capital Projects in Connection with Overseas Contingency Operations

Summary

Stops certain U.S. agencies from spending money on big overseas building projects for contingency operations unless they first do a written check of whether the project is needed and can be kept going. Starting 60 days after January 2, 2013, the Secretary of Defense, the Secretary of State, or the USAID Administrator must finish the check for projects in the country where the work will happen, after talking with the local U.S. mission leader. The check must estimate the total U.S. cost, estimate what the host government would need each year to keep it running, decide if the host government has the money and staff to maintain it, say what will happen if the host government cannot maintain it, note whether the host government asked for the project, and (for Defense projects) say how the project affects the U.S. military mission. The rule covers projects tied to overseas contingency operations with dollar thresholds: over $10,000,000 for projects that build local security forces, over $5,000,000 for other State or USAID projects, and over $2,000,000 for other projects. Military construction and military family housing projects are not covered. Agency heads can waive the rule for national security, diplomatic, or humanitarian reasons but must give a detailed justification in the next report and send the assessment within 90 days. Agencies must report every half-year, within 30 days after each half-year ends, listing assessments and saying how they measure project success, local involvement, and risks of fraud or corruption. Reports are unclassified but may have a classified annex. Definitions: “appropriate committees of Congress” means the main Senate and House committees that handle armed services, foreign affairs, oversight/homeland security, and appropriations; “capital project” and “overseas contingency operation” are as defined elsewhere in the law.