Pub. L. 110-181, div. B, tit. XXVIII, subtit. A, sec. 2801
AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES.
SEC. 2801. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES.(a) One-Year Extension of Authority.—Subsection (a) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as amended by section 2810 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 2128), section 2809 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3508), and section 2802 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2466), is further amended by striking “2007” and inserting “2008”.(b) Prenotification Requirement.—Subsection (b) of such section is amended by striking the first sentence and inserting the following new sentences: “Before using appropriated funds available for operation and maintenance to carry out a construction project outside the United States that has an estimated cost in excess of the amounts authorized for unspecified minor military construction projects under section 2805(c) of title 10, United States Code, the Secretary of Defense shall submit to the congressional committees specified in subsection (f) a notice regarding the construction project. The project may be carried out only after the end of the 10-day period beginning on the date the notice is received by the committees or, if earlier, the end of the 7-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of title 10, United States Code.”.(c) Annual Limitation on Use of Authority.—Subsection (c) of such section is amended to read as follows:“(c) Annual Limitation on Use of Authority.—The total cost of the construction projects carried out under the authority 122 STAT. 539 of this section using, in whole or in part, appropriated funds available for operation and maintenance shall not exceed $200,000,000 in a fiscal year.”.(d) Conforming Amendment.—Subsection (g) of such section is amended by striking “notice of the” and inserting “advance notice of the proposed”.(e) Ratification of Proposed Construction and Land Acquisition Projects Using Fiscal Year 2007 Operation and Maintenance Funds.—The nine construction projects outside the United States proposed to be carried out using funds appropriated to the Department of Defense for operation and maintenance for fiscal year 2007, but for which the obligation or expenditure of funds was prohibited by subsection (g) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as added by section 2809 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3508), may be carried out using such funds after the date of the enactment of this Act notwithstanding such subsection (g).