
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2808]

 
                         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. 2808. Construction authority in the event of a declaration 
        of war or national emergency
        
    (a) In the event of a declaration of war or the declaration by the 
President of a national emergency in accordance with the National 
Emergencies Act (50 U.S.C. 1601 et seq.) that requires use of the armed 
forces, the Secretary of Defense, without regard to any other provision 
of law, may undertake military construction projects, and may authorize 
the Secretaries of the military departments to undertake military 
construction projects, not otherwise authorized by law that are 
necessary to support such use of the armed forces. Such projects may be 
undertaken only within the total amount of funds that have been 
appropriated for military construction, including funds appropriated for 
family housing, that have not been obligated.
    (b) When a decision is made to undertake military construction 
projects authorized by this section, the Secretary of Defense shall 
notify the appropriate committees of Congress of the decision and of the 
estimated cost of the construction projects, including the cost of any 
real estate action pertaining to those construction projects.
    (c) The authority described in subsection (a) shall terminate with 
respect to any war or national emergency at the end of the war or 
national emergency.

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 157.)

                       References in Text

    The National Emergencies Act (50 U.S.C. 1601 et seq.), referred to 
in subsec. (a), is Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as 
amended, which is classified principally to chapter 34 (Sec. 1601 et 
seq.) of Title 50, War and National Defense. For complete classification 
of this Act to the Code, see Short Title note set out under section 1601 
of Title 50 and Tables.


                            Prior Provisions

    Provisions similar to those in this section were contained in Pub. 
L. 97-99, title IX, Sec. 903, Dec. 23, 1981, 95 Stat. 1382, which was 
set out as a note under section 140 [now 127] of this title, prior to 
repeal by Pub. L. 97-214, Sec. 7(18).


                             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.

      Ex. Ord. No. 12734. National Emergency Construction Authority

    Ex. Ord. No. 12734, Nov. 14, 1990, 55 F.R. 48099, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National 
Emergencies Act (50 U.S.C. 1601 et seq.), and 3 U.S.C. 301, I declared a 
national emergency by Executive Order No. 12722, dated August 2, 1990 
[50 U.S.C. 1701 note], to deal with the threat to the national security 
and foreign policy of the United States caused by the invasion of Kuwait 
by Iraq. To provide additional authority to the Department of Defense to 
respond to that threat, and in accordance with section 301 of the 
National Emergencies Act (50 U.S.C. 1631), I hereby order that the 
emergency construction authority at 10 U.S.C. 2808 is invoked and made 
available in accordance with its terms to the Secretary of Defense and, 
at the discretion of the Secretary of Defense, to the Secretaries of the 
military departments.
    This order is effective immediately and shall be transmitted to the 
Congress and published in the Federal Register.
                                                            George Bush.
