Pub. L. 108-375, div. B, tit. XXVIII, subtit. A, sec. 2808
NOTIFICATION THRESHOLDS AND REQUIREMENTS FOR EXPENDITURES OR CONTRIBUTIONS FOR ACQUISITION OF FACILITIES FOR RESERVE COMPONENTS.
SEC. 2808. NOTIFICATION THRESHOLDS AND REQUIREMENTS FOR EXPENDITURES OR CONTRIBUTIONS FOR ACQUISITION OF FACILITIES FOR RESERVE COMPONENTS.(a) Authority To Carry Out Small Projects.—Section 18233a of title 10, United States Code, is amended to read as follows:“§ 18233a. Notice and wait requirements for certain projects“(a) Congressional Notification.—Except as provided in subsection (b), an expenditure or contribution in an amount in excess of $750,000 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 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.“(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.118 STAT. 2125“(ii) 200 percent of the amount specified by section 2805(a)(2) of this title as the maximum amount for a minor military construction project.“(3) A repair project (as that term is defined in section 2811(e) of this title) that costs less than $7,500,000.” .(b) Recodification of Limited Authority to Use Operation and Maintenance Funds.—Chapter 1803 of such title is amended by inserting after section 18233a the following new section:“§ 18233b. Authority to carry out small projects with operation and maintenance funds “Under such regulations as the Secretary of Defense 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—“(1) the amount specified in section 2805(c)(1)(A) of this title, in the case of a project intended solely to correct a deficiency that is life-threatening, health-threatening, or safety-threatening; or“(2) the amount specified in section 2805(c)(1)(B) of this title, in the case of any other project.” .(c) Clerical Amendment.—The table of sections at the beginning of chapter 1803 of such title is amended by striking the item relating to section 18233a and inserting the following new items: “18233a. Notice and wait requirements for certain projects. “18233b. Authority to carry out small projects with operation and maintenance funds.”.