S.Amdt. 540

SA 540. Mr. SCHATZ (for himself, Mr. Durbin, Mr. Leahy, and Mr.
Tester) submitted an amendment intended to be proposed by him to the
bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title XXVIII, add the
following:

SEC. 2806. 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 subsections (b) and (c) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(c) Limitation on Amount of Funds Available for National
Emergency.--(1) Except as provided in 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, the total cost of all military
construction projects undertaken using that authority during
the national emergency may not exceed $500,000,000.
``(2) In the event of a national emergency declaration in
which the construction authority described in subsection (a)
will be used only within the United States, the total cost of
all military construction projects undertaken using that
authority during the national emergency may not exceed
$100,000,000.''.
(b) Additional Condition on Source of Funds.--Section
2808(a) of title 10, United States Code, is amended--
(1) in the second sentence--
(A) by striking ``Such projects may'' and inserting the
following:
``(b) Conditions on Source of Funds.--(1) Military
construction projects to be undertaken using the construction
authority described in subsection (a) may''; and

[[Page S3539]]

(B) by inserting before the period at the end of the
sentence the following: ``and that the Secretary of Defense
determines are otherwise unexecutable''; and
(2) by adding after the second sentence the following:
``(2) For purposes of paragraph (1), the Secretary may
determine that funds appropriated for military construction
are unexecutable if--
``(A) a military construction project for which the funds
were appropriated has been cancelled, for a reason other than
to provide funds to carry out military construction under
this section; or
``(B) the cost of a military construction project for which
the funds were appropriated has been reduced because of
project modifications or other cost savings, for a reason
other than to provide funds to carry out military
construction under this section.''.
(c) 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.''.
(d) Additional Notification Requirements.--Subsection (e)
of section 2808 of title 10, United States Code, as
redesignated by subsection (a)(1), is amended--
(1) by striking ``of the decision'' and all that follows
through the period at the end 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 subsections
(b) and (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 (e), as redesignated by subsection
(a)(1), by inserting ``Notification Requirement.--(1)'' after
``(e)''; and
(3) in subsection (f), as redesignated by subsection
(a)(1), by inserting ``Termination of Authority.--'' after
``(f)''.
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