Federal · Title 10 — Armed Forces

10 U.S.C. § 2817: Authority for certain construction projects in friendly foreign countries

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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 at an air port of debarkation, sea port of debarkation, or rail or other logistics support location. The construction project will not be carried out at a military installation. construct a complete and usable facility or make an improvement to a facility; or complete the repair of an existing facility or improvement to a facility; and will not require additional funds from other Department of Defense accounts. The level of construction for the construction project may not exceed the minimum necessary to meet the military requirements identified under paragraph (1). Deferral of the construction project pending inclusion of the construction project proposal in the national defense authorization Act for a subsequent fiscal year is inconsistent with the military requirements identified under paragraph (1) and other national security or national interests of the United States. Upon determining to carry out a construction project under this section 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 of Defense shall submit to the specified congressional committees a notification of such determination. A certification that the conditions specified in subsection (a) are satisfied with regard to the construction project. A justification for such project. An estimate of the cost of such project. The Secretary of Defense may carry out a construction project only after the end of the 30-day period beginning on the date the notice required by paragraph (1) is received by the specified congressional committees in an electronic medium pursuant to section 480 of this title . The Secretary of Defense may not obligate more than $200,000,000 in any fiscal year under the authority provided by this section. Notwithstanding paragraph (1), the Secretary of Defense may authorize the obligation under this section of not more than an additional $10,000,000 from funds available for operations and maintenance for a fiscal year if the Secretary determines that the additional funds are needed for costs associated with contract closeouts for all construction projects during such fiscal year. The maximum amount that the Secretary may obligate for a single construction project is $15,000,000. 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.

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