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Title 50 — War and National DefenseRelease 119-73not60

§491 Establishment and Development of Land-based Air Warning and Control Installations and Facilities; Extent of Appropriation; Procurement of Communication Services

Title 50 › Chapter 18— AIR-WARNING SCREEN › § 491

Last updated Apr 5, 2026|Official source

Summary

Gives the Secretary of the Air Force the power to set up and improve land-based air warning and control sites inside and outside the continental United States to meet air defense needs. The Secretary can build, install, or equip temporary or permanent public works like buildings, utilities, and access roads, and can plan and run them. The Secretary may act without following section 3324(a) and (b) of title 31. No more than $85,500,000 may be spent from appropriations for those construction projects. Allows the Secretary to buy communication services needed for the semiautomatic ground environment system. No contract for those services can last more than ten years from when service first starts. The Government’s total contingent liability if contracts are ended early cannot be more than $222,000,000. The Government Accountability Office may inspect carrier records for audits. When buying services, the Secretary must use local phone carriers and cooperatives and public utilities and rural electric cooperatives as much as practical. Negotiations and regulatory representation must follow sections 501–505 of title 40.

Full Legal Text

Title 50, §491

War and National Defense — Source: USLM XML via OLRC

The Secretary of the Air Force is authorized to establish and develop within and without the continental limits of the United States in fulfilling the air defense responsibilities of the Department of the Air Force such land-based air warning and control installations and facilities, by the construction, installation, or equipment of temporary or permanent public works, including buildings, facilities, appurtenances, utilities, and access roads, and to provide for necessary administration and planning therefor, without regard to section 3324(a) and (b) of title 31, as he may deem necessary in the interest of national security: Provided, That not to exceed $85,500,000 shall be appropriated for the construction of public works authorized by this section. The Secretary of the Air Force is authorized to procure communication services required for the semiautomatic ground environment system. No contract for such services may be for a period of more than ten years from the date communication services are first furnished under such contract. The aggregate contingent liability of the Government under the termination provisions of all contracts authorized hereunder may not exceed a total of $222,000,000 and the Government Accountability Office shall have access to such carrier records and accounts as it may deem necessary for the purpose of audit. In procuring such services, the Secretary of the Air Force shall utilize to the fullest extent practicable the facilities and capabilities of communication common carriers, including rural telephone cooperatives, within their respective service areas and for power supply, shall utilize to the fullest extent practicable, the facilities and capabilities of public utilities and rural electric cooperatives within their respective service areas. Negotiations with communication common carriers, including cooperatives, and representation in proceedings involving such carriers before Federal and State regulatory bodies where such negotiations or proceedings involve contracts authorized by this paragraph shall be in accordance with the provisions of section 501–505 of title 40.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification “section 3324(a) and (b) of title 31” substituted in text for “section 3648 of the Revised Statutes (31 U.S.C. 529)” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. In text, “section 501–505 of title 40” substituted for “section 201 of the Act of June 30, 1949, as amended (40 U.S.C.A. sec. 481)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments

2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in second par. 1996—Pub. L. 104–316, in third sentence of second par., struck out “no termination payment shall be final until audited and approved by” after “$222,000,000 and”, struck out “which” after “Office”, and inserted “of audit” after “for the purpose”. 1982—Pub. L. 97–214 struck out reference to section 1136 [10 U.S.C. 4774, 9774] and 3734 [40 U.S.C. 259, 267] of the Revised Statutes. 1956—Act Aug. 3, 1956, authorized procurement of communication services required for the semiautomatic ground environment system.

Statutory Notes and Related Subsidiaries

Effective Date

of 1982 AmendmentAmendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military

Construction

projects, and to

Construction

and acquisition of military family housing, authorized before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as an

Effective Date

note under section 2801 of Title 10, Armed Forces.

Reference

Citations & Metadata

Citation

50 U.S.C. § 491

Title 50 — War and National Defense

Last Updated

Apr 5, 2026

Release point: 119-73not60