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. (a)(6). Pub. L. 97–99, § 804, added par. (6). Subsec. (b). Pub. L. 97–99, § 803(2), inserted provisions that such property may be transferred to any State or Territory, Puerto Rico, or the District of Columbia in- cident to the expansion, rehabilitation, or conversion of such property under subsec. (a)(2) so long as the transfer of such property does not result in the cre- ation of an enclave owned by a State or Territory, Puerto Rico, or the District of Columbia within a Fed- eral installation. 1979—Subsec. (a)(5). Pub. L. 96–125 added par. (5). 1958—Subsec. (a). Pub. L. 85–861, § 1(37), substituted ‘‘two or more reserve components’’ for ‘‘two or more of the reserve components’’ in cl. (2), added cl. (3), and re- designated former cl. (3) as (4). Pub. L. 85–685, § 601(1), inserted reference to section 2233a of this title in opening provisions, and struck out provisions which required the Secretary of Defense to consult with the Committees on Armed Services of the Senate and House of Representatives. Subsec. (b). Pub. L. 85–861, § 1(38), inserted ‘‘by the United States’’ after ‘‘property acquired’’. Subsec. (d). Pub. L. 85–861, § 1(39), added subsec. (d). Subsecs. (e), (f). Pub. L. 85–685, § 601(2), added subsecs. (e) and (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–407, title VII, § 703(b), Aug. 28, 1984, 98 Stat. 1517, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall take effect on October 1, 1984.’’ EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family hous- ing authorized before, on, or after such date, see sec- tion 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title. OBLIGATION OF FUNDS BEFORE JULY 1, 1958 Section 16 of Pub. L. 85–861, Sept. 2, 1958, 72 Stat. 1558, provided that not more than $580,000,000 could be obli- gated for the purposes of this section before July 1, 1958, but with such limitation not applicable to the ex- penses for the leasing of property under subsec. (a)(1) of this section. § 18233a. Notice and wait requirements for cer- tain 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 may not be made under section 18233 of this title for any facility until— (1) the Secretary of Defense has notified the congressional defense committees of the loca- tion, nature, and estimated cost of the facil- ity; and (2) a period of 21 days has elapsed after the notification has been received by those com- mittees 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. (b) CERTAIN EXPENDITURES OR CONTRIBUTIONS EXEMPTED.—Subsection (a) does not apply to ex- penditures or contributions for the following: (1) Facilities acquired by lease. (2) A project for a facility that has been au- thorized by Congress, if the location and pur- pose of the facility are the same as when au- thorized and if, based upon bids received— (A) the scope of work of the project, as ap- proved by Congress, is not proposed to be re- duced 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 as the max- imum amount for a minor military con- struction project. (3) A repair project (as that term is defined in subsection (e) of section 2811 of this title) that costs less than the amount specified in subsection (d) of such section. (Added Pub. L. 85–685, title VI, § 601(3), Aug. 20, 1958, 72 Stat. 665, § 2233a; amended Pub. L. 87–554, title VII, § 701, July 27, 1962, 76 Stat. 243; Pub. L. 93–552, title VII, § 703, Dec. 27, 1974, 88 Stat. 1770; Pub. L. 94–107, title VII, § 703, Oct. 7, 1975, 89 Stat. 569; Pub. L. 96–125, title VII, § 704, Nov. 26, 1979, 93 Stat. 947; Pub. L. 97–214, § 3(c)(1), July 12, 1982, 96 Stat. 169; Pub. L. 98–115, title VII, § 702, Oct. 11, 1983, 97 Stat. 782; Pub. L. 98–407, title VII, § 702, Aug. 28, 1984, 98 Stat. 1517; Pub. L. 100–26, § 7(f)(1), Apr. 21, 1987, 101 Stat. 281; Pub. L. 100–180, div. B, subdiv. 3, title I, § 2304(a), Dec. 4, 1987, 101 Stat. 1215; Pub. L. 102–190, div. B, title XXVIII, § 2804, Dec. 5, 1991, 105 Stat. 1537; renum- bered § 18233a and amended Pub. L. 103–337, div. A, title XVI, § 1664(b)(2), (5), Oct. 5, 1994, 108 Stat. 3010; Pub. L. 104–106, div. A, title XV, § 1502(a)(10), Feb. 10, 1996, 110 Stat. 503; Pub. L. 104–201, div. B, title XXVIII, § 2801(b), (c), Sept. 23, 1996, 110 Stat. 2787; Pub. L. 106–65, div. A, title Page 3794 TITLE 10—ARMED FORCES § 18233b X, § 1067(1), div. B, title XXVIII, § 2806, Oct. 5, 1999, 113 Stat. 774, 850; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(22)], Oct. 30, 2000, 114 Stat. 1654, 1654A–291; Pub. L. 108–375, div. B, title XXVIII, § 2808(a), Oct. 28, 2004, 118 Stat. 2124; Pub. L. 112–81, div. B, title XXVIII, § 2802(c)(3), Dec. 31, 2011, 125 Stat. 1685; Pub. L. 114–92, div. B, title XXVIII, § 2801, Nov. 25, 2015, 129 Stat. 1168.) Editorial Notes AMENDMENTS 2015—Subsec. (a). Pub. L. 114–92, § 2801(1), substituted ‘‘in excess of the amount specified in section 2805(b)(1) of this title’’ for ‘‘in an amount in excess of $750,000’’ in introductory provisions. Subsec. (b)(3). Pub. L. 114–92, § 2801(2), substituted ‘‘subsection (e) of section 2811 of this title) that costs less than the amount specified in subsection (d) of such section’’ for ‘‘section 2811(e) of this title) that costs less than $7,500,000’’. 2011—Subsec. (b)(2)(B)(ii). Pub. L. 112–81 substituted ‘‘section 2805(a)’’ for ‘‘section 2805(a)(2)’’. 2004—Pub. L. 108–375 amended section generally, sub- stituting provisions relating to notice and wait require- ments for certain projects for provisions relating to limitation on certain projects and authority to carry out small projects with operation and maintenance funds. 2000—Subsec. (b)(1). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(22)(A)], substituted ‘‘section 2805(c)(1)(A)’’ for ‘‘section 2805(c)(1)’’. Subsec. (b)(2). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(22)(B)], substituted ‘‘section 2805(c)(1)(B)’’ for ‘‘section 2805(c)(2)’’. 1999—Subsec. (a)(1). Pub. L. 106–65, § 1067(1), sub- stituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Committee on National Security’’. Subsec. (a)(2)(C). Pub. L. 106–65, § 2806(a), added sub- par. (C). Subsec. (b). Pub. L. 106–65, § 2806(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘Under such regulations as the Secretary of Defense may prescribe, a project authorized under sec- tion 18233(a) of this title that costs $500,000 or less may be carried out with funds available for operations and maintenance.’’ 1996—Subsec. (a)(1). Pub. L. 104–201, § 2801(c), sub- stituted ‘‘$1,500,000’’ for ‘‘$400,000’’. Pub. L. 104–106 substituted ‘‘the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the’’ for ‘‘the Com- mittees on Armed Services and on Appropriations of the Senate and’’. Subsec. (b). Pub. L. 104–201, § 2801(b), substituted ‘‘$500,000’’ for ‘‘$300,000’’. 1994—Pub. L. 103–337, § 1664(b)(2), renumbered section 2233a of this title as this section. Subsec. (a)(1). Pub. L. 103–337, § 1664(b)(5)(A), sub- stituted ‘‘18233’’ for ‘‘2233’’. Subsec. (b). Pub. L. 103–337, § 1664(b)(5)(B), substituted ‘‘18233(a)’’ for ‘‘2233(a)’’. 1991—Subsec. (b). Pub. L. 102–190 substituted ‘‘$300,000’’ for ‘‘$200,000’’. 1987—Subsec. (a)(2)(B)(ii)(II). Pub. L. 100–26 sub- stituted ‘‘specified by section 2805(a)(2) of this title’’ for ‘‘specified by law’’. Subsec. (b). Pub. L. 100–180 substituted ‘‘$200,000’’ for ‘‘$100,000’’. 1984—Subsec. (b). Pub. L. 98–407 substituted ‘‘$100,000’’ for ‘‘$50,000’’. 1983—Subsec. (a)(1). Pub. L. 98–115 substituted ‘‘$400,000’’ for ‘‘$200,000’’. 1982—Pub. L. 97–214 substituted ‘‘Limitation on cer- tain projects; authority to carry out small projects with operation and maintenance funds’’ for ‘‘Limita- tion’’ as section catchline and completely revised text. Before such revision section had provided that no ex- penditure or contribution of more than $175,000 could be made under section 2233 of this title for any facility until after the expiration of thirty days from the date upon which the Secretary of Defense or his designee no- tified the Senate and the House of Representatives of the location, nature, and estimated cost of such facil- ity, but that such requirement did not apply to facili- ties acquired by lease, facilities acquired, constructed, expanded, rehabilitated, converted, or equipped to re- store or replace facilities damaged or destroyed, where the Senate and the House of Representatives had been notified of that action, and that, under such regula- tions as the Secretary of Defense might prescribe, any project authorized pursuant to section 2233(a) which did not cost more than $50,000 could be accomplished from appropriations available for maintenance and oper- ations. 1979—Par. (1). Pub. L. 96–125 substituted ‘‘$175,000’’ for ‘‘$100,000’’. 1975—Par. (2). Pub. L. 94–107 substituted ‘‘$50,000’’ for ‘‘$25,000’’. 1974—Par. (1). Pub. L. 93–552 substituted ‘‘$100,000’’ for ‘‘$850,000’’. 1962—Pub. L. 87–554 designated existing provisions as par. (1), substituted ‘‘until after the expiration of thir- ty days from the date upon which the Secretary of De- fense or his designee notifies the Senate and the House of Representatives of the location, nature, and esti- mated cost of such facility’’ for ‘‘that has not been au- thorized by a law authorizing appropriations for spe- cific facilities for reserve forces’’, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–180, div. B, subdiv. 3, title I, § 2304(b), Dec. 4, 1987, 101 Stat. 1215, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to projects authorized under section 2233(a) [now 18233(a)] of title 10, United States Code, for which con- tracts are entered into on or after the date of the en- actment of this Act [Dec. 4, 1987].’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–407, title VII, § 702, Aug. 28, 1984, 98 Stat. 1517, provided that the amendment made by that sec- tion is effective Oct. 1, 1984. EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–115, title VII, § 702, Oct. 11, 1983, 97 Stat. 782, provided that the amendment made by that section is effective Oct. 1, 1983. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family hous- ing authorized before, on, or after such date, see sec- tion 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title. § 18233b. Authority to carry out small projects with operation and maintenance funds Under such regulations as the Secretary of De- fense may prescribe, the Secretary may expend, from appropriations available for operation and maintenance, amounts necessary to carry out any project authorized under section 18233(a) of this title that costs not more than the amount specified in section 2805(c) of this title.