Page:United States Statutes at Large Volume 117.djvu/1700

 PUBLIC LAW 108–136—NOV. 24, 2003

117 STAT. 1681

(2) The Secretary shall use existing construction authorities provided by subchapter I of chapter 169 of title 10, United States Code, to the maximum extent possible. (3)(A) If the Secretary determines that use of authorities in paragraph (2) would prevent the Department from meeting a specific facility requirement for the program, the Secretary shall submit to the congressional defense committees advance notification, which shall include the following: (i) Certification by the Secretary that use of existing construction authorities would prevent the Department from meeting the specific facility requirement. (ii) A detailed explanation of the reasons why existing authorities cannot be used. (iii) A justification of the facility requirement. (iv) Construction project data and estimated cost. (v) Identification of the source or sources of the funds proposed to be expended. (B) The facility project may be carried out only after the end of the 21-day period beginning on the date the notification is received by the congressional defense committees. (4) If the Secretary determines: (A) that the facility is vital to national security or to the protection of health, safety, or the quality of the environment; and (B) the requirement for the facility is so urgent that the advance notification in paragraph (3) and the subsequent 21-day deferral of the facility project would threaten the life, health, or safety of personnel, or would otherwise jeopardize national security, the Secretary may obligate funds for the facility and notify the congressional defense committees within seven days after the date on which appropriated funds are obligated with the information required in paragraph (3). (5) The Secretary shall submit to the congressional defense committees a quarterly report detailing any use of the authority provided by paragraph (4), including costs incurred or to be incurred by the United States as a result of the use of the authority. (6) Nothing in this section shall be construed to authorize the Secretary to acquire, construct, lease, or improve a facility having general utility beyond the specific purposes of the program. (7) In this subsection, the term ‘‘facility’’ has the meaning given the term in section 2801(c) of title 10, United States Code. (e) AUTHORITY FOR PERSONAL SERVICES CONTRACTS.—(1) Subject to paragraph (2), the authority provided by section 1091 of title 10, United States Code, for personal services contracts to carry out health care responsibilities in medical treatment facilities of the Department of Defense shall also be available, subject to the same terms and conditions, for personal services contracts to carry out research and development activities under this section. The number of individuals whose personal services are obtained under this subsection may not exceed 30 at any time. (2) The authority provided by such section 1091 may not be used for a personal services contract unless the contracting officer for the contract ensures that— (A) the services to be procured are urgent or unique; and (B) it would not be practicable for the Department of Defense to obtain such services by other measures. (f) STREAMLINED PERSONNEL AUTHORITY.—(1) The Secretary may appoint highly qualified experts, including scientific and technical personnel, to carry out research and development under this

VerDate 11-MAY-2000

10:15 Aug 27, 2004

Jkt 019194

PO 00000

Frm 00633

Fmt 6580

Sfmt 6581

D:\STATUTES\2003\19194PT2.001

APPS10

PsN: 19194PT2

�