Page:United States Statutes at Large Volume 118.djvu/2154

 118 STAT. 2124 PUBLIC LAW 108–375—OCT. 28, 2004 United States in a termination for convenience may not exceed the actual costs incurred as of the termination date. ‘‘(3) For each fiscal year during which the authority provided by this subsection is in effect, the Secretary of a military department may select not more than two military construction projects to include the accelerated design effort authorized by paragraph (1) for each armed force under the jurisdiction of the Secretary. To be eligible for selection under this subsection, a request for the authorization of the project, and for the authorization of appropria tions for the project, must have been included in the annual budget of the President for a fiscal year submitted to Congress under section 1105(a) of title 31. ‘‘(4) Not later than March 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a report evalu ating the usefulness of the authority provided by this subsection in expediting the design and construction of military construction projects. The authority provided by this subsection expires Sep tember 30, 2007, except that, if the report required by this para graph is not submitted by March 1, 2007, the authority shall expire on that date.’’. 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 sub section (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. Deadline. Reports.

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