Us Code § 2817 - Authority for certain construction projects in friendly foreign countries

Full text of Us Code United States Code § 2817 — Authority for certain construction projects in friendly foreign countries, with citation guidance and answers to common questions.

§ 2817. Authority for certain construction projects in friendly foreign countries

(a) Construction Authorized.—Using funds available for operations and maintenance, the Secretary of Defense 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:

(1) 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.

(2) The construction project will not be carried out at a military installation.

(3) The funds made available under the authority of this section for the construction project—

(A) will be sufficient to—

(i) construct a complete and usable facility or make an improvement to a facility; or

(ii) complete the repair of an existing facility or improvement to a facility; and


(B) will not require additional funds from other Department of Defense accounts.


(4) The level of construction for the construction project may not exceed the minimum necessary to meet the military requirements identified under paragraph (1).

(5) 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.


(b) Congressional Notification.—

(1) Notification required.—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.

(2) Elements.—The notification required by paragraph (1) shall include the following:

(A) A certification that the conditions specified in subsection (a) are satisfied with regard to the construction project.

(B) A justification for such project.

(C) An estimate of the cost of such project.


(3) Notice and wait.—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.


(c) Annual Limitations on Use of Authority.—

(1) Total cost limitation.—The Secretary of Defense may not obligate more than $200,000,000 in any fiscal year under the authority provided by this section.

(2) Additional obligation authority.—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.

(3) Project limitation.—The maximum amount that the Secretary may obligate for a single construction project is $15,000,000.


(d) Specified Congressional Committees Defined.—In this section, the term "specified congressional committees" means—

(1) 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

(2) 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.

(Added Pub. L. 118–31, div. B, title XXVIII, §2805, Dec. 22, 2023, 137 Stat. 744.)

SUBCHAPTER II—MILITARY FAMILY HOUSING

Sec.
2821.
Requirement for authorization of appropriations for construction and acquisition of military family housing.
2822.
Requirement for authorization of number of family housing units.
[2823.
Repealed.]
2824.
Authorization for acquisition of existing family housing in lieu of construction.
2825.
Improvements to family housing units.
2826.
Military family housing: local comparability of room patterns and floor areas.
2827.
Relocation of military family housing units.
2828.
Leasing of military family housing.
2829.
Multi-year contracts for supplies and services.
[2830.
Repealed.]
2831.
Military family housing management account.
2832.
Homeowners assistance program.
2833.
Family housing support.
2834.
Participation in Department of State housing pools.
2835.
Long-term leasing of military family housing to be constructed.
2835a.
Use of military family housing constructed under build and lease authority to house other members.
2836.
Military housing rental guarantee program.
2837.
Housing Requirements and Market Analysis.
2838.
Leasing of military family housing to Secretary of Defense.

        

Editorial Notes

Amendments

2022—Pub. L. 117–263, div. B, title XXVIII, §2821(a), Dec. 23, 2022, 136 Stat. 2999, added item 2837. Amendment was made pursuant to operation of section 102 of this title.

2021—Pub. L. 116–283, div. B, title XXVIII, §2812(b), Jan. 1, 2021, 134 Stat. 4327, struck out item 2830 "Occupancy of substandard family housing units".

2013—Pub. L. 113–66, div. B, title XXVIII, §2802(a)(2), Dec. 26, 2013, 127 Stat. 1006, struck out item 2837 "Limited partnerships with private developers of housing".

2008—Pub. L. 110–417, div. B, title XXVIII, §§2803(b), 2804(b), Oct. 14, 2008, 122 Stat. 4720, 4721, added items 2835a and 2838.

2006—Pub. L. 109–364, div. B, title XXVIII, §2803(b), Oct. 17, 2006, 120 Stat. 2467, struck out item 2823 "Determination of availability of suitable alternative housing for acquisition in lieu of construction of new family housing".

2000—Pub. L. 106–398, §1 [div. B, title XXVIII, §2803(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–413, substituted "Military family housing: local comparability of room patterns and floor areas" for "Limitations on space by pay grade" in item 2826.

1994—Pub. L. 103–337, div. B, title XXVIII, §2803(b), Oct. 5, 1994, 108 Stat. 3053, added item 2837.

1991—Pub. L. 102–190, div. B, title XXVIII, §§2806(a)(2), 2809(a)(2), Dec. 5, 1991, 105 Stat. 1540, 1543, added items 2835 and 2836.

1985—Pub. L. 99–167, title VIII, §§804(b)(2), 808(b), Dec. 3, 1985, 99 Stat. 987, 989, added items 2833 and 2834.

About This Section

10 U.S.C. § 2817 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

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