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FINANCIAL MANAGEMENT POLICY MANUAL

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2. CONTINGENCY PROJECTS.<br />

Within the amount appropriated for such purpose, SECNAV can carry out<br />

a military construction project not otherwise authorized by law, if<br />

SECDEF provides authority to do so and determines that deferral of the<br />

project for inclusion in the next Military Construction Authorization Act<br />

would be inconsistent with national security or national interest. SECDEF<br />

must submit a written report to Congress including project justification,<br />

the current cost estimate and additional justification for it being considered<br />

contingency construction. The project may be carried out only after<br />

specific congressional approval, or at the end of 21 days after<br />

congressional receipt of the request, approval can be assumed. The<br />

continuing authorization for contingency projects is provided only in the<br />

MCON program.<br />

3. EMERGENCY PROJECTS.<br />

SECNAV can carry out a military construction project not otherwise<br />

authorized by law if SECNAV determines that the project is vital to the<br />

national security and the requirement for the project is so urgent that<br />

deferral of the project for inclusion in the next Military Construction<br />

Authorization Act would be inconsistent with national security. After the<br />

determination has been made to carry out an emergency construction<br />

project, SECNAV must submit a written report to Congress on the project<br />

justification and cost estimate, additional project justification for it being<br />

considered emergency construction, and the source of funds. If specific<br />

congressional approval is not received, 21 days must elapse beginning on<br />

the date the notification is received by Congress before approval may be<br />

assumed. The SECNAV maximum obligational authority in any fiscal<br />

year for all emergency construction projects is $30 million. An<br />

emergency construction project must be carried out within the total<br />

amount of unobligated funds appropriated for military construction. It is<br />

therefore necessary to obtain funding approval for each project by a<br />

reprogramming action. The continuing authorization for emergency<br />

projects is provided only in the MCON program.<br />

4. ENVIRONMENTAL RESPONSE PROJECTS.<br />

Within the amount appropriated for such purpose, SECNAV can carry out<br />

a military construction project not otherwise authorized by law, if<br />

SECDEF provides authority to do so and determines that project is<br />

necessary to carry out a response action under chapter 160 (Environmental<br />

Restoration) of 10 U.S. Code or under the Comprehensive Environmental<br />

Response, Compensation and Liability Act of 1980. SECDEF must<br />

submit a written report to Congress including project justification, the<br />

current cost estimate and the justification for it being considered<br />

environmental response construction. The project may be carried out only<br />

after specific congressional approval, or at the end of 21 days after<br />

congressional receipt of the request, approval can be assumed.<br />

Financial Management Policy<br />

3-177

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