[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2762 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 2762
To amend title 10, United States Code, to provide for the modification
and clarification of construction authority in the event of a
declaration of war or national emergency, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2019
Mr. Gallego (for himself, Mr. Smith of Washington, Mr. Garamendi, Mr.
Cisneros, Ms. Escobar, Mr. Carbajal, Mr. Vela, Mrs. Trahan, and Ms.
Torres Small of New Mexico) introduced the following bill; which was
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to provide for the modification
and clarification of construction authority in the event of a
declaration of war or national emergency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. MODIFICATION AND CLARIFICATION OF CONSTRUCTION AUTHORITY IN
THE EVENT OF A DECLARATION OF WAR OR NATIONAL EMERGENCY.
(a) Limitation on Amount of Funds Available for National
Emergency.--Section 2808 of title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Limitation on Amount of Funds Available for National
Emergency.--In the event of a declaration by the President of a
national emergency in which the construction authority described in
subsection (a) is used, the total cost of all military construction
projects undertaken using that authority during the national emergency
may not exceed $250,000,000.''.
(b) Waiver of Other Provisions of Law.--Section 2808 of title 10,
United States Code, is amended by inserting after subsection (c), as
added by subsection (a), the following new subsection:
``(d) Waiver of Other Provisions of Law in Event of National
Emergency.--In the event of a declaration by the President of a
national emergency in which the construction authority described in
subsection (a) is used, the authority provided by such subsection to
waive or disregard another provision of law that would otherwise apply
to a military construction project authorized by this section may be
used only if--
``(1) such other provision of law does not provide a means
by which compliance with the requirements of the law may be
waived, modified, or expedited; and
``(2) the Secretary of Defense determines that the nature
of the national emergency necessitates the noncompliance with
the requirements of the law.''.
(c) Additional Condition on Sources of Funds.--Section 2808(a) of
title 10, United States Code, is amended in the second sentence by
inserting before the period the following: ``and that the Secretary of
Defense determines are otherwise unexecutable''.
(d) Additional Notification Requirements.--Section 2808(b) of title
10, United States Code, is amended--
(1) by striking ``of the decision'' and all that follows
through the end of the subsection and inserting the following:
``of the following:
``(A) The reasons for the decision to use the construction
authority described in subsection (a), including, in the event
of a declaration by the President of a national emergency, the
reasons why use of the armed forces is required in response to
the declared national emergency.
``(B) The construction projects to be undertaken using the
construction authority described in subsection (a), including,
in the event of a declaration by the President of a national
emergency, an explanation of how each construction project
directly supports the immediate security, logistical, or short-
term housing and ancillary supporting facility needs of the
members of the armed forces used in the national emergency.
``(C) The estimated cost of the construction projects to be
undertaken using the construction authority described in
subsection (a), including the cost of any real estate action
pertaining to the construction projects, and certification of
compliance with the funding conditions imposed by the second
sentence of subsection (a) and subsection (c).
``(D) Any determination made pursuant to subsection (d)(2)
to waive or disregard another provision of law to undertake any
construction project using the construction authority described
in subsection (a).
``(E) The military construction projects, including any
military family housing and ancillary supporting facility
projects, to be canceled or deferred in order to provide funds
to undertake construction projects using the construction
authority described in subsection (a) and the possible impact
of the cancellation or deferment of such military construction
projects on military readiness and the quality of life of
members of the armed forces and their dependents.''; and
(2) by adding at the end the following new paragraph:
``(2) In the event of a declaration by the President of a national
emergency in which the construction authority described in subsection
(a) is used, a construction project to be undertaken using such
construction authority may be carried out only after the end of the
five-day period beginning on the date the notification required by
paragraph (1) is received by the appropriate committees of Congress.''.
(e) Clerical Amendments.--Section 2808 of title 10, United States
Code, is further amended--
(1) in subsection (a), by inserting ``Construction
Authorized.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Notification
Requirement.--(1)'' after ``(b)''; and
(3) in subsection (e), as redesignated by subsection
(a)(1), by inserting ``Termination of Authority.--'' before
``The authority''.
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