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10 U.S.C. § 18233a — Notice and wait requirements for certain projects

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 18233a — Notice and wait requirements for certain projects

**(a) Congressional Notification.—** Except as provided in subsection (b), an expenditure or contribution in excess of the amount specified in [section 2805(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805/b/1&num=0&edition=prelim) may not be made under [section 18233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim) for any facility until— (1) the Secretary of Defense has notified the congressional defense committees of the location, nature, and estimated cost of the facility; and (2) a period of 21 days has elapsed after the notification has been received by those committees or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim). **(b) Certain Expenditures or Contributions Exempted.—** Subsection (a) does not apply to expenditures or contributions for the following: (1) Facilities acquired by lease. (2) A project for a facility that has been authorized by Congress, if the location and purpose of the facility are the same as when authorized and if, based upon bids received— (A) the scope of work of the project, as approved by Congress, is not proposed to be reduced by more than 25 percent; and (B) the current working estimate of the cost of the project does not exceed the amount approved for the project by more than the lesser of the following: (i) 25 percent. (ii) 200 percent of the amount specified by [section 2805(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-sect

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Source file: Laws/federal/codes/united-states-code/title-10/section-18233a-notice-and-wait-requirements-for-certain-projects--88db6e0489.md
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Source location: Title 10, Chapter 1803, § 18233a; chapter-1803-facilities-for-reserve-components.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2801 — Scope of chapter; definitions

**(a)** The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)). **(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law). **(c)** In this chapter and chapter 173 of this title: (1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term “facility” means a building, structure, or other improvement to real property. (3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure. (4) The term “mil

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 480 — Reports to Congress: submission in electronic form

**(a) Requirement.—** Whenever the Secretary of Defense or any other official of the Department of Defense submits to Congress (or any committee of either House of Congress) a report that the Secretary (or other official) is required by law to submit, the Secretary (or other official) shall provide to Congress (or such committee) a copy of the report in an electronic medium. **(b) Exception.—** Subsection (a) does not apply to a report submitted in classified form. **(c) Definition.—** In this section, the term “report” includes any certification, notification, or other communication in writing.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2811 — Repair of facilities

**(a) Repairs Using Operations and Maintenance Funds.—** Using funds available to the Secretary concerned for operation and maintenance, the Secretary concerned may carry out repair projects for an entire single-purpose facility or one or more functional areas of a multipurpose facility. **(b) Approval Required for Major Repairs.—** A repair project costing more than $7,500,000 may not be carried out under this section unless approved in advance by the Secretary concerned. In determining the total cost of a repair project, the Secretary shall include all phases of a multi-year repair project to a single facility. In considering a repair project for approval, the Secretary shall ensure that the project is consistent with force structure plans, that repair of the facility is more cost effective than replacement, and that the project is an appropriate use of operation and maintenance funds. **(c) Prohibition on New Construction or Additions.—** Construction of new facilities or additions to existing facilities may not be carried out under the authority of this section. **(d) Congressional Notification.—** When a decision is made to carry out a repair project under this section with an estimated cost in excess of $7,500,000, the Secretary concerned shall submit, in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim), to the appropriate committees of Congress a report containing— (1) the justification for the repair project and the current estimate of the cost of the project, including, in the case of a multi-year repair project to a single facility, the total cost of all phases of the project; (2) if the current estimate of the cost of the repair project excee

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 18233 — Acquisition

**(a)** Subject to sections 18233a, 18234, 18235, 18236, and 18238 of this title and to subsection (c), the Secretary of Defense may— (1) acquire by purchase, lease, or transfer, and construct, expand, rehabilitate, or convert and equip, such facilities as are authorized by law to carry out the purposes of this chapter; (2) contribute to any State such amounts as he determines to be necessary to expand, rehabilitate, or convert facilities owned by it or by the United States for use jointly by units of two or more reserve components of the armed forces or to acquire or construct facilities for such use; (3) contribute to any State such amounts as he determines to be necessary to expand, rehabilitate, or convert facilities owned by it (or to acquire, construct, expand, rehabilitate, or convert additional facilities) made necessary by the conversion, redesignation, or reorganization of units of the Army National Guard of the United States or the Air National Guard of the United States authorized by the Secretary of the military department concerned; (4) contribute to any State such amounts for the acquisition, construction, expansion, rehabilitation, or conversion by it of additional facilities as he determines to be required by any increase in the strength of the Army National Guard of the United States or the Air National Guard of the United States; (5) contribute to any State amounts for the acquisition, construction, expansion, rehabilitation, and conversion by such State of such additional facilities as the Secretary determines to be required because of the failure of existing facilities to meet the purposes of this chapter; and (6) contribute to any State such amounts for the construction, alteration, or rehabilitation of critical portions of facilities as the

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 18233a — Notice and wait requirements for cer-

Page 3793 TITLE 10—ARMED FORCES § 18233a of existing facilities to meet the purposes of this chap- ter’’ for ‘‘contribute to any State or Territory, Puerto Rico, or the District of Columbia, such amounts for the acquisition, construction, expansion, rehabilitation, or conversion by the failure of existing facilities to meet the purposes of this chapter’’ and ‘‘A contribution made for an armory may not be more than 75 percent of the cost of construction of which it is applied’’. Subsec. (a)(6). Pub. L. 97–214, § 3(d)(2), struck out ‘‘or Territory, Puerto Rico, or the District of Columbia’’ after ‘‘contribute to any State’’. Subsec. (e). Pub. L. 97–214, § 10(a)(2), substituted ‘‘ar- chitectural and engineering services and construction design’’ for ‘‘advance planning, construction design, and architectural services’’. Subsec. (f). Pub. L. 97–214, § 3(a), expanded subsec. (f) into pars. (1) and (2), and substituted provision that legal authority to construct, expand, rehabilitate, etc., any facility under this section, also includes the au- thority to expend funds for surveys, administration, overhead, planning, and supervision incident to any such activity and provisions that authority to acquire real property under this section includes authority to make surveys and to acquire interests in land (includ- ing temporary interests) by purchase, gift, exchange of Government-owned land, or otherwise, for provisions that facilities authorized by subsec. (a) could not be considered ‘‘military public works’’ under the military construction authorization acts that repeal prior au- thorizations for military public works. 1981—Subsec. (a)(2). Pub. L. 97–99, § 803(1), inserted ‘‘or by the United States’’ after ‘‘or convert facilities owned by it’’. Subsec

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