Title: 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.
Policy area: Armed Forces and National Security

Summary:
This bill restricts military construction authority used in the event of a declaration of war or a declaration by the President of a national emergency. It limits to $250 million the amount that may be expended for military construction projects in the event of a national emergency declaration for its duration. Additionally, any appropriated funds used must be otherwise not executable. It restricts authority to waive or disregard a requirement that would otherwise apply to such a construction project.
The bill requires any decision to undertake such a project to congressional notification requirements that include

[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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