
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2803]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
                   SUBCHAPTER I--MILITARY CONSTRUCTION
 
Sec. 2803. Emergency construction

    (a) Subject to subsections (b) and (c), the Secretary concerned may 
carry out a military construction project not otherwise authorized by 
law if the Secretary determines (1) that the project is vital to the 
national security or to the protection of health, safety, or the quality 
of the environment, and (2) that the requirement for the project is so 
urgent that deferral of the project for inclusion in the next Military 
Construction Authorization Act would be inconsistent with national 
security or the protection of health, safety, or environmental quality, 
as the case may be.
    (b) When a decision is made to carry out a military construction 
project under this section, the Secretary concerned shall submit a 
report in writing to the appropriate committees of Congress on that 
decision. Each such report shall include (1) the justification for the 
project and the current estimate of the cost of the project, (2) the 
justification for carrying out the project under this section, and (3) a 
statement of the source of the funds to be used to carry out the 
project. The project may then be carried out only after the end of the 
21-day period beginning on the date the notification is received by such 
committees.
    (c)(1) The maximum amount that the Secretary concerned may obligate 
in any fiscal year under this section is $30,000,000.
    (2) A project carried out under this section shall be carried out 
within the total amount of funds appropriated for military construction 
that have not been obligated.

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 154; amended 
Pub. L. 102-190, div. B, title XXVIII, Secs. 2803, 2870(2), Dec. 5, 
1991, 105 Stat. 1537, 1562; Pub. L. 102-484, div. A, title X, 
Sec. 1053(9), Oct. 23, 1992, 106 Stat. 2502.)


                               Amendments

    1992--Subsec. (b). Pub. L. 102-484 made technical amendment to 
directory language of Pub. L. 102-190, Sec. 2870(2). See 1991 Amendment 
note below.
    1991--Subsec. (a). Pub. L. 102-190, Sec. 2803, substituted ``or to 
the protection of health, safety, or the quality of the environment, 
and'' for ``, and'' in cl. (1) and inserted ``or the protection of 
health, safety, or environmental quality, as the case may be'' before 
period at end of cl. (2).
    Subsec. (b). Pub. L. 102-190, Sec. 2870(2), as amended by Pub. L. 
102-484, struck out ``, or after each such committee has approved the 
project, if the committee approves the project before the end of that 
period'' after ``by such committees''.


                    Effective Date of 1992 Amendment

    Section 1053(9) of Pub. L. 102-484 provided that the amendment made 
by that section is effective Dec. 5, 1991.


                             Effective Date

    For effective date and applicability of section, see section 12(a) 
of Pub. L. 97-214, set out as a note under section 2801 of this title.
