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 emer-
gency, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. MODIFICATION AND CLARIFICATION OF CON-
STRUCTION AUTHORITY IN THE EVENT OF A 
DECLARATION OF WAR OR NATIONAL EMER-
GENCY. 
(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 sub-
section (e); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) LIMITATION ON AMOUNT OF FUNDS AVAILABLE 
FOR NATIONAL EMERGENCY.—In the event of a declara-
tion 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 emer-
gency may not exceed $250,000,000.’’. 
(b) WAIVER OF OTHER PROVISIONS OF LAW.—Sec-
tion 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 
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including, in the event of a declaration by the Presi-
dent 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 under-
taken using the construction authority described in 
subsection (a), including, in the event of a declara-
tion 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 na-
tional emergency. 
‘‘(C) The estimated cost of the construction 
projects to be undertaken using the construction au-
thority described in subsection (a), including the 
cost of any real estate action pertaining to the con-
struction 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 sub-
section (d)(2) to waive or disregard another provi-
sion of law to undertake any construction project 
using the construction authority described in sub-
section (a). 
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‘‘(E) The military construction projects, includ-
ing any military family housing and ancillary sup-
porting 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 can-
cellation or deferment of such military construction 
projects on military readiness and the quality of life 
of members of the armed forces and their depend-
ents.’’; 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 author-
ity 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 pe-
riod 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 ‘‘CONSTRUC-
TION AUTHORIZED.—’’ after ‘‘(a)’’; 
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(2) in subsection (b), by inserting ‘‘NOTIFICA-
TION REQUIREMENT.—(1)’’ after ‘‘(b)’’; and 
(3) in subsection (e), as redesignated by sub-
section (a)(1), by inserting ‘‘TERMINATION OF AU-
THORITY.—’’ before ‘‘The authority’’. 
Æ 
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