I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. MODIFICATION AND CLARIFICATION OF CON2 STRUCTION AUTHORITY IN THE EVENT OF A 

3 DECLARATION OF WAR OR NATIONAL EMER4 GENCY. 

5 (a) LIMITATION ON AMOUNT OF FUNDS AVAILABLE

6 FOR NATIONAL EMERGENCY.—Section 2808 of title 10, 

7 United States Code, is amended— 

8 (1) by redesignating subsection (c) as sub9 section (e); and 

10 (2) by inserting after subsection (b) the fol11 lowing new subsection (c): 

12 ‘‘(c) LIMITATION ON AMOUNT OF FUNDS AVAILABLE

13 FOR NATIONAL EMERGENCY.—In the event of a declara14 tion by the President of a national emergency in which 

15 the construction authority described in subsection (a) is 

16 used, the total cost of all military construction projects 

17 undertaken using that authority during the national emer18 gency may not exceed $250,000,000.’’. 

19 (b) WAIVER OF OTHER PROVISIONS OF LAW.—Sec20 tion 2808 of title 10, United States Code, is amended by 

21 inserting after subsection (c), as added by subsection (a), 

22 the following new subsection: 

23 ‘‘(d) WAIVER OF OTHER PROVISIONS OF LAW IN

24 EVENT OF NATIONAL EMERGENCY.—In the event of a 

25 declaration by the President of a national emergency in 

26 which the construction authority described in subsection 


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1 (a) is used, the authority provided by such subsection to 

2 waive or disregard another provision of law that would 

3 otherwise apply to a military construction project author4 ized by this section may be used only if— 

5 ‘‘(1) such other provision of law does not pro6 vide a means by which compliance with the require7 ments of the law may be waived, modified, or expe8 dited; and 

9 ‘‘(2) the Secretary of Defense determines that 

10 the nature of the national emergency necessitates 

11 the noncompliance with the requirements of the 

12 law.’’. 

13 (c) ADDITIONAL CONDITION ON SOURCES OF

14 FUNDS.—Section 2808(a) of title 10, United States Code, 

15 is amended in the second sentence by inserting before the 

16 period the following: ‘‘and that the Secretary of Defense 

17 determines are otherwise unexecutable’’. 

18 (d) ADDITIONAL NOTIFICATION REQUIREMENTS.— 

19 Section 2808(b) of title 10, United States Code, is amend20 ed— 

21 (1) by striking ‘‘of the decision’’ and all that 

22 follows through the end of the subsection and insert23 ing the following: ‘‘of the following: 

24 ‘‘(A) The reasons for the decision to use the 

25 construction authority described in subsection (a), 


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1 including, in the event of a declaration by the Presi2 dent of a national emergency, the reasons why use 

3 of the armed forces is required in response to the 

4 declared national emergency. 

5 ‘‘(B) The construction projects to be under6 taken using the construction authority described in 

7 subsection (a), including, in the event of a declara8 tion by the President of a national emergency, an 

9 explanation of how each construction project directly 

10 supports the immediate security, logistical, or short11 term housing and ancillary supporting facility needs 

12 of the members of the armed forces used in the na13 tional emergency. 

14 ‘‘(C) The estimated cost of the construction 

15 projects to be undertaken using the construction au16 thority described in subsection (a), including the 

17 cost of any real estate action pertaining to the con18 struction projects, and certification of compliance 

19 with the funding conditions imposed by the second 

20 sentence of subsection (a) and subsection (c). 

21 ‘‘(D) Any determination made pursuant to sub22 section (d)(2) to waive or disregard another provi23 sion of law to undertake any construction project 

24 using the construction authority described in sub25 section (a). 


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1 ‘‘(E) The military construction projects, includ2 ing any military family housing and ancillary sup3 porting facility projects, to be canceled or deferred 

4 in order to provide funds to undertake construction 

5 projects using the construction authority described 

6 in subsection (a) and the possible impact of the can7 cellation or deferment of such military construction 

8 projects on military readiness and the quality of life 

9 of members of the armed forces and their depend10 ents.’’; and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2) In the event of a declaration by the President 

14 of a national emergency in which the construction author15 ity described in subsection (a) is used, a construction 

16 project to be undertaken using such construction authority 

17 may be carried out only after the end of the five-day pe18 riod beginning on the date the notification required by 

19 paragraph (1) is received by the appropriate committees 

20 of Congress.’’. 

21 (e) CLERICAL AMENDMENTS.—Section 2808 of title 

22 10, United States Code, is further amended— 

23 (1) in subsection (a), by inserting ‘‘CONSTRUC24 TION AUTHORIZED.—’’ after ‘‘(a)’’; 


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1 (2) in subsection (b), by inserting ‘‘NOTIFICA2 TION REQUIREMENT.—(1)’’ after ‘‘(b)’’; and 

3 (3) in subsection (e), as redesignated by sub4 section (a)(1), by inserting ‘‘TERMINATION OF AU5 THORITY.—’’ before ‘‘The authority’’. 

Æ 


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