Page:United States Statutes at Large Volume 96 Part 1.djvu/196

 96 STAT. 154

PUBLIC LAW 97-214—JULY 12, 1982 "(1) 'Facility' means a building, structure, or other improvement to real property. "(2) 'Military installation' means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department or, in the case of an activity in a foreign country, under the operational control of the Secretary of a military department or the Secretary of Defense. (S) 'Secretary concerned' includes the Secretary of Defense with respect to matters concerning the defense agencies. "(4) 'Appropriate committees of Congress' means the Committees on Armed Services and on Appropriations of the Senate and House of Representatives. "(d) This chapter does not apply to the Coast Guard or to civil works projects of the Army Corps of Engineers. "§ 2802. Military construction projects "(a) The Secretary of Defense and the Secretaries of the military departments may carry out such military construction projects as are authorized by law. "(b) Authority provided by law to carry out a military construction project includes authority for— "(1) surveys and site preparation; "(2) acquisition, conversion, rehabilitation, and installation of facilities; "(3) acquisition and installation of equipment and appurtenances integral to the project; "(4) acquisition and installation of supporting facilities (including utilities) and appurtenances incident to the project; and "(5) planning, supervision, administration, and overhead incident to the project.

Report to confy^t!i£r^^ ^°^' mittees. "" "°"

"§ 2803. Emergency construction "(a) Subject to subsections (b) and (c), the Secretary concerned may carry out a military construction project not otherwise authorized by law if the Secretary determines (1) that the project is vital to the national security, and (2) that the requirement for the project is so urgent that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security. "(b) When a decision is made to carry out a military construction project under this section, the Secretary concerned shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include (1) the justification for the project and the current estimate of the cost of the project, (2) the justification for carrying out the project under this section, and (3) a statement of the source of the funds to be used to carry out the project. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees, or after each such committee has approved the project, if the committees approve the project before the end of that period. "(c)(1) The maximum amount that the Secretary concerned may obligate in any fiscal year under this section is $30,000,000. "(2) A project carried out under this section shall be carried out within the total amount of funds appropriated for military construction that have not been obligated.

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