Pub. L. 103-337, div. B, tit. XXVIII, subtit. E, sec. 2856
SENSE OF THE SENATE ON AUTHORIZATION OF FUNDS FOR MILITARY CONSTRUCTION PROJECTS NOT REQUESTED IN THE PRESIDENT’S ANNUAL BUDGET REQUEST.
SEC. 2856. SENSE OF THE SENATE ON AUTHORIZATION OF FUNDS FOR MILITARY CONSTRUCTION PROJECTS NOT REQUESTED IN THE PRESIDENT’S ANNUAL BUDGET REQUEST. (a) Sense of the Senate.— It is the sense of the Senate that, to the maximum extent practicable, the Senate should consider the authorization for appropriation of funds for a military construction project not included in the annual budget request of the Department of Defense only if— (1) the project is consistent with past actions under the base closure laws; (2) the project is included in the military construction plan of the military department concerned incorporated in the Future Years Defense Program; (3) the project is necessary for reasons of the national security of the United States; and (4) a contract for construction of the project can be awarded in that fiscal year. (b) Views of the Secretary of Defense.— In considering these criteria, the Senate should obtain the views of the Secretary of Defense. These views should include whether funds for a military construction project not included in the budget request can be 108 STAT. 3074offset by funds for other programs, projects, or activities, including military construction projects, in the budget request and, if so, the specific offsetting reductions recommended by the Secretary of Defense. (c) Base Closure Laws Defined.— For purposes of this section, the term “base closure laws” means each of the following: (1) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). (2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). (3) Section 2687 of title 10, United States Code. (4) Any other similar law enacted after the date of the enactment of this Act.