
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC18233a]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                PART V--SERVICE, SUPPLY, AND PROCUREMENT
 
             CHAPTER 1803--FACILITIES FOR RESERVE COMPONENTS
 
Sec. 18233a. Limitation on certain projects; authority to carry 
        out small projects with operation and maintenance funds
        
    (a)(1) Except as provided in paragraph (2), an expenditure or 
contribution in an amount in excess of $1,500,000 may not be made under 
section 18233 of this title for any facility until the Secretary of 
Defense has notified the Committee on Armed Services and the Committee 
on Appropriations of the Senate and the Committee on Armed Services and 
the Committee on Appropriations of the House of Representatives of the 
location, nature, and estimated cost of the facility and a period of 21 
days has passed after receipt of such notification.
    (2) Paragraph (1) does not apply to expenditures or contributions 
for the following:
        (A) Facilities acquired by lease.
        (B) 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--
            (i) the scope of work of the project, as approved by 
        Congress, is not proposed to be reduced by more than 25 percent; 
        and
            (ii) the current working estimate of the cost of the project 
        does not exceed the amount approved for the project by more than 
        (I) 25 percent, or (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, whichever is lesser.

        (C) An unspecified minor military construction project (as 
    defined in section 2805(a) of this title) that is intended solely to 
    correct a deficiency that is life-threatening, health-threatening, 
    or safety-threatening.

    (b) Under such regulations as the Secretary of Defense may 
prescribe, the Secretary may spend, from appropriations available for 
operation and maintenance, amounts necessary to carry out any project 
authorized under section 18233(a) of this title costing 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.

(Added Pub. L. 85-685, title VI, Sec. 601(3), Aug. 20, 1958, 72 Stat. 
665, Sec. 2233a; amended Pub. L. 87-554, title VII, Sec. 701, July 27, 
1962, 76 Stat. 243; Pub. L. 93-552, title VII, Sec. 703, Dec. 27, 1974, 
88 Stat. 1770; Pub. L. 94-107, title VII, Sec. 703, Oct. 7, 1975, 89 
Stat. 569; Pub. L. 96-125, title VII, Sec. 704, Nov. 26, 1979, 93 Stat. 
947; Pub. L. 97-214, Sec. 3(c)(1), July 12, 1982, 96 Stat. 169; Pub. L. 
98-115, title VII, Sec. 702, Oct. 11, 1983, 97 Stat. 782; Pub. L. 98-
407, title VII, Sec. 702, Aug. 28, 1984, 98 Stat. 1517; Pub. L. 100-26, 
Sec. 7(f)(1), Apr. 21, 1987, 101 Stat. 281; Pub. L. 100-180, div. B, 
subdiv. 3, title I, Sec. 2304(a), Dec. 4, 1987, 101 Stat. 1215; Pub. L. 
102-190, div. B, title XXVIII, Sec. 2804, Dec. 5, 1991, 105 Stat. 1537; 
renumbered Sec. 18233a and amended Pub. L. 103-337, div. A, title XVI, 
Sec. 1664(b)(2), (5), Oct. 5, 1994, 108 Stat. 3010; Pub. L. 104-106, 
div. A, title XV, Sec. 1502(a)(10), Feb. 10, 1996, 110 Stat. 503; Pub. 
L. 104-201, div. B, title XXVIII, Sec. 2801(b), (c), Sept. 23, 1996, 110 
Stat. 2787; Pub. L. 106-65, div. A, title X, Sec. 1067(1), div. B, title 
XXVIII, Sec. 2806, Oct. 5, 1999, 113 Stat. 774, 850; Pub. L. 106-398, 
Sec. 1 [[div. A], title X, Sec. 1087(a)(22)], Oct. 30, 2000, 114 Stat. 
1654, 1654A-291.)


                               Amendments

    2000--Subsec. (b)(1). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(22)(A)], substituted ``section 2805(c)(1)(A)'' for 
``section 2805(c)(1)''.
    Subsec. (b)(2). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(22)(B)], substituted ``section 2805(c)(1)(B)'' for 
``section 2805(c)(2)''.
    1999--Subsec. (a)(1). Pub. L. 106-65, Sec. 1067(1), substituted 
``and the Committee on Armed Services'' for ``and the Committee on 
National Security''.
    Subsec. (a)(2)(C). Pub. L. 106-65, Sec. 2806(a), added subpar. (C).
    Subsec. (b). Pub. L. 106-65, Sec. 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 section 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, Sec. 2801(c), substituted 
``$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 
Committees on Armed Services and on Appropriations of the Senate and''.
    Subsec. (b). Pub. L. 104-201, Sec. 2801(b), substituted ``$500,000'' 
for ``$300,000''.
    1994--Pub. L. 103-337, Sec. 1664(b)(2), renumbered section 2233a of 
this title as this section.
    Subsec. (a)(1). Pub. L. 103-337, Sec. 1664(b)(5)(A), substituted 
``18233'' for ``2233''.
    Subsec. (b). Pub. L. 103-337, Sec. 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 substituted 
``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 certain projects; 
authority to carry out small projects with operation and maintenance 
funds'' for ``Limitation'' as section catchline and completely revised 
text. Before such revision section had provided that no expenditure 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 
notified the Senate and the House of Representatives of the location, 
nature, and estimated cost of such facility, but that such requirement 
did not apply to facilities acquired by lease, facilities acquired, 
constructed, expanded, rehabilitated, converted, or equipped to restore 
or replace facilities damaged or destroyed, where the Senate and the 
House of Representatives had been notified of that action, and that, 
under such regulations 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 operations.
    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 thirty days from the date 
upon which the Secretary of Defense or his designee notifies the Senate 
and the House of Representatives of the location, nature, and estimated 
cost of such facility'' for ``that has not been authorized by a law 
authorizing appropriations for specific facilities for reserve forces'', 
and added par. (2).


                    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

    Section 2304(b) of Pub. L. 100-180 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 contracts are entered into on or after the date 
of the enactment of this Act [Dec. 4, 1987].''


                    Effective Date of 1984 Amendment

    Section 702 of Pub. L. 98-407 provided that the amendment made by 
that section is effective Oct. 1, 1984.


                    Effective Date of 1983 Amendment

    Section 702 of Pub. L. 98-115 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 housing authorized before, on, or after such date, 
see section 12(a) of Pub. L. 97-214, set out as an Effective Date note 
under section 2801 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 18233 of this title.
