33 U.S.C. § 2293: Reprogramming during…

Summary

If the country is at war or the President declares a national emergency under the National Emergencies Act that might require using the Armed Forces, the Secretary of the Army can stop or delay any Army civil works project that is not needed for defense. The Secretary can also use the civil works program’s money, people, and equipment to build, run, or fix civil works, military construction, and civil defense projects that are essential to national defense. The Secretary must tell the appropriate committees of Congress right away about any actions taken. The Secretary must stop using these powers no later than 180 calendar days after the war or emergency ends, whichever is later.

Title 33, §2293

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(a)Termination or deferment of civil works projects; application of resources to national defense projects

In the event of a declaration of war or a declaration by the President of a national emergency in accordance with the National Emergencies Act [50 U.S.C. 1601 et seq.] that requires or may require use of the Armed Forces, the Secretary, without regard to any other provision of law, may (1) terminate or defer the construction, operation, maintenance, or repair of any Department of the Army civil works project that he deems not essential to the national defense, and (2) apply the resources of the Department of the Army’s civil works program, including funds, personnel, and equipment, to construct or assist in the construction, operation, maintenance, and repair of authorized civil works, military construction, and civil defense projects that are essential to the national defense.

(b)Termination of state of war or national emergency

The Secretary shall immediately notify the appropriate committees of Congress of any actions taken pursuant to the authorities provided by this section, and cease to exercise such authorities not later than 180 calendar days after the termination of the state of war or national emergency, whichever occurs later.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Emergencies Act, referred to in subsec. (a), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see

Short Title

note set out under section 1601 of Title 50 and Tables.

§2293 Reprogramming During National Emergencies