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Code · BILL · 117th Congress · H.R. 4350 (Placed on Calendar Senate) — To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military c... · Sec. 2801

Sec. 2801. Special construction authority to use operation and maintenance funds to meet certain United States military-related construction needs in friendly foreign countries

870 words·~4 min read·/bill/117/hr/4350/pcs/section-2801·

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Section 2804 of title 10, United States Code, is amended to read as follows: The Secretary concerned may carry out a construction project in a friendly foreign country, and perform planning and design to support such a project, that the Secretary determines meets each of the following conditions: The commander of the geographic combatant command in which the construction project will be carried out identified the construction project as necessary to support vital United States military requirements related to strategic laydown opportunities at an air port of debarkation, sea port of debarkation, or rail or other logistics support location.
The construction project will not carried out at a military installation that is considered a main operating base. The use of construction authority under this section is not duplicative of other construction authorities available to the Secretary concerned to carry out the construction project. The funds made available under the authority of this section for the construction project— will be sufficient to produce a complete and usable facility or other improvement or complete the repair of an existing facility or improvement; to and will not require additional funds from other Department of Defense accounts.
The level of construction will be the minimum necessary to meet the vital military requirements identified under paragraph (1). Deferral of the construction project pending inclusion of the project proposal in the next budget submission is inconsistent with the vital military requirements identified under paragraph
(1)and other national security or national interests of the United States. The Secretary concerned may obligate from appropriations available to the Secretary concerned for operation and maintenance amounts necessary to carry out a covered construction project. Before using appropriated funds available for operation and maintenance to carry out a covered construction project that has an estimated cost in excess of the amounts authorized for unspecified minor military construction projects under section 2805(c) of this title, the Secretary concerned shall submit to the specified congressional committees the following notices: A notice regarding the proposed initiation of planning and design for the covered construction project. A notice regarding the proposed solicitation of a contract for the covered construction project. The notices required by paragraph
(1)with regard to a covered construction project shall include the following: A certification that the conditions specified in subsection
(a)are satisfied with regard to the covered construction project. A description of the purpose for which appropriated funds available for operation and maintenance will be obligated. All relevant documentation detailing the covered construction project, including planning and design. An estimate of the total amount to be obligated for the covered construction project. An explanation of the harm to national security or national interests that would occur if the covered construction project was deferred to permit inclusion in the next budget submission. A covered construction project may be carried out only after the end of the 30-day period beginning on the date the second notice required by paragraph
(1)is received by the specified congressional committees, including when a copy of the notification is provided in an electronic medium pursuant to section 480 of this title. If the notices required by paragraph
(1)with regard to a covered construction project are not submitted to the specified congressional committees by the required date, appropriated funds available for operation and maintenance may not be obligated or expended after that date under the authority of this section to carry out covered construction projects until the date on which all late notices are finally submitted. For each fiscal year, the total cost of the covered construction projects carried out by each Secretary concerned using, in whole or in part, appropriated funds available for operation and maintenance shall not exceed $50,000,000. Notwithstanding paragraph (1), the Secretary of Defense may authorize the obligation under this section of not more than an additional $10,000,000 of appropriated funds available for operation and maintenance for a fiscal year if the Secretary determines that the additional funds are needed for costs associated with contract closeouts. The total amount of operation and maintenance funds used for a single covered construction project shall not exceed $10,000,000. This section, section 2805 of this title, and section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723) are the only authorities available to the Secretary concerned to use appropriated funds available for operation and maintenance to carry out construction projects. In this section: The term covered construction project means a construction project meeting the conditions specified in subsection
(a)that the Secretary concerned may carry out using appropriated funds available for operation and maintenance under the authority of this section. The term specified congressional committees means— the Committee on Armed Services and the Subcommittee on Defense and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate; and the Committee on Armed Services and the Subcommittee on Defense and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives. The authority of the Secretary concerned to commence a covered construction project under the authority of this section shall expire on September 30, 2026. .
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  • Pub. L. 108-136
  • 117 Stat. 1723
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Sec. 2801
Special construction authority to use operation and maintenance funds to meet certain United States military-related construction needs in friendly foreign countries
Pub. L.Pub. L. 108-136
Stat.117 Stat. 1723
Cites 2Cited by 0 across 0 sources
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