Pub. L. 108-106, tit. I, ch. 3, sec. 1301

Sec. 1301. (a) Temporary Authority To Use Operation and Maintenance Funds for Military Construction Projects.—During fiscal year 2004, the Secretary of Defense may use this section as authority to obligate appropriated funds available for operation and maintenance to carry out a construction project outside the United States that the Secretary determines meets each of the following conditions:(1) The construction is necessary to meet urgent military operational requirements of a temporary nature involving the use of the Armed Forces in support of Operation Iraqi Freedom or the Global War on Terrorism.(2) The construction is not carried out at a military installation where the United States is reasonably expected to have a long-term presence.(3) The United States has no intention of using the construction after the operational requirements have been satisfied.(4) The level of construction is the minimum necessary to meet the temporary operational requirements.(b) Limitation on Use of Authority.—The total cost of the construction projects carried out under the authority of this section using, in whole or in part, appropriated funds available for operation and maintenance shall not exceed $150,000,000 in fiscal year 2004.(c) Notifications of Obligations of Funds.—Within fifteen days after the date on which appropriated funds available for operation and maintenance are first obligated for a construction project under subsection (a), the Secretary of Defense shall submit to the Congressional defense committees notice of the obligation of funds and the construction project. The notice shall include the following:(1) Certification that the conditions specified in subsection (a) are satisfied with regard to the construction project.117 STAT. 1222(2) A description of the purpose for which appropriated funds available for operation and maintenance are being obligated.(3) Relevant documentation detailing the construction project.(4) The total amount obligated for the construction.(d) Quarterly Report.—(1) Not later than 30 days after the end of each fiscal-year quarter of fiscal year 2004, the Secretary of Defense shall submit to the congressional committees specified in subsection (f) a report on the worldwide obligation and expenditure during that quarter of appropriated funds available for operation and maintenance for construction projects.(2) The report shall include with regard to each project the following:(A) Certification that the conditions specified in subsection (a) are satisfied with regard to the construction project.(B) A description of the purpose for which appropriated funds available for operation and maintenance are being obligated.(C) Relevant documentation detailing the construction project.(D) An estimate of the total cost of the construction project.(E) The total amount obligated for the construction project as of the date of the submission of the report.(e) Relation to Other Authorities.—The temporary authority provided by this section, and the limited authority provided by section 2805(c) of title 10, United States Code, to use appropriated funds available for operation and maintenance to carry out a construction project are the only authorities available to the Secretary of Defense and the Secretaries of the military departments to use appropriated funds available for operation and maintenance to carry out construction projects.(f) Congressional Committees.—The congressional committees referred to in this section are the following:(1) The Committee on Armed Services and the Subcommittees on Defense and Military Construction of the Committee on Appropriations of the Senate.(2) The Committee on Armed Services and the Subcommittees on Defense and Military Construction of the Committee on Appropriations of the House of Representatives.