US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 18233a

Notice and wait requirements for certain projects

(a)

Congressional Notification .—

section 2805(b)(1) of this titlesection 18233 of this titleExcept as provided in subsection (b), an expenditure or contribution in excess of the amount specified in may not be made under 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)
section 480 of this title 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 .
(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.
(ii)
section 2805(a) of this title 200 percent of the amount specified by as the maximum amount for a minor military construction project.
(3)
section 2811 of this title A repair project (as that term is defined in subsection (e) of ) that costs less than the amount specified in subsection (d) of such section.

Pub. L. 85–685, title VI, § 601(3)72 Stat. 665Pub. L. 87–554, title VII, § 70176 Stat. 243Pub. L. 93–552, title VII, § 70388 Stat. 1770Pub. L. 94–107, title VII, § 70389 Stat. 569Pub. L. 96–125, title VII, § 70493 Stat. 947Pub. L. 97–214, § 3(c)(1)96 Stat. 169Pub. L. 98–115, title VII, § 70297 Stat. 782Pub. L. 98–407, title VII, § 70298 Stat. 1517Pub. L. 100–26, § 7(f)(1)101 Stat. 281Pub. L. 100–180, div. B101 Stat. 1215Pub. L. 102–190, div. B, title XXVIII, § 2804105 Stat. 1537Pub. L. 103–337, div. A, title XVI, § 1664(b)(2)108 Stat. 3010Pub. L. 104–106, div. A, title XV, § 1502(a)(10)110 Stat. 503Pub. L. 104–201, div. B, title XXVIII, § 2801(b)110 Stat. 2787Pub. L. 106–65, div. A, title X, § 1067(1)113 Stat. 774Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 108–375, div. B, title XXVIII, § 2808(a)118 Stat. 2124Pub. L. 112–81, div. B, title XXVIII, § 2802(c)(3)125 Stat. 1685Pub. L. 114–92, div. B, title XXVIII, § 2801129 Stat. 1168(Added , , , § 2233a; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , subdiv. 3, title I, § 2304(a), , ; , , ; renumbered § 18233a and amended , (5), , ; , , ; , (c), , ; , div. B, title XXVIII, § 2806, , , 850; , title X, § 1087(a)(22)], , , 1654A–291; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 114–92, § 2801(1)section 2805(b)(1) of this title2015—Subsec. (a). , substituted “in excess of the amount specified in ” for “in an amount in excess of $750,000” in introductory provisions.

Pub. L. 114–92, § 2801(2)section 2811 of this titlesection 2811(e) of this titleSubsec. (b)(3). , substituted “subsection (e) of ) that costs less than the amount specified in subsection (d) of such section” for “) that costs less than $7,500,000”.

Pub. L. 112–812011—Subsec. (b)(2)(B)(ii). substituted “section 2805(a)” for “section 2805(a)(2)”.

Pub. L. 108–3752004— amended section generally, substituting provisions relating to notice and wait requirements for certain projects for provisions relating to limitation on certain projects and authority to carry out small projects with operation and maintenance funds.

Pub. L. 106–398, § 1 [[div. A]2000—Subsec. (b)(1). , title X, § 1087(a)(22)(A)], substituted “section 2805(c)(1)(A)” for “section 2805(c)(1)”.

Pub. L. 106–398, § 1 [[div. A]Subsec. (b)(2). , title X, § 1087(a)(22)(B)], substituted “section 2805(c)(1)(B)” for “section 2805(c)(2)”.

Pub. L. 106–65, § 1067(1)1999—Subsec. (a)(1). , substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

Pub. L. 106–65, § 2806(a)Subsec. (a)(2)(C). , added subpar. (C).

Pub. L. 106–65, § 2806(b)section 18233(a) of this titleSubsec. (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 that costs $500,000 or less may be carried out with funds available for operations and maintenance.”

Pub. L. 104–201, § 2801(c)1996—Subsec. (a)(1). , 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”.

Pub. L. 104–201, § 2801(b)Subsec. (b). , substituted “$500,000” for “$300,000”.

Pub. L. 103–337, § 1664(b)(2)section 2233a of this title1994—, renumbered as this section.

Pub. L. 103–337, § 1664(b)(5)(A)Subsec. (a)(1). , substituted “18233” for “2233”.

Pub. L. 103–337, § 1664(b)(5)(B)Subsec. (b). , substituted “18233(a)” for “2233(a)”.

Pub. L. 102–1901991—Subsec. (b). substituted “$300,000” for “$200,000”.

Pub. L. 100–26section 2805(a)(2) of this title1987—Subsec. (a)(2)(B)(ii)(II). substituted “specified by ” for “specified by law”.

Pub. L. 100–180Subsec. (b). substituted “$200,000” for “$100,000”.

Pub. L. 98–4071984—Subsec. (b). substituted “$100,000” for “$50,000”.

Pub. L. 98–1151983—Subsec. (a)(1). substituted “$400,000” for “$200,000”.

Pub. L. 97–214section 2233 of this title1982— 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 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.

Pub. L. 96–1251979—Par. (1). substituted “$175,000” for “$100,000”.

Pub. L. 94–1071975—Par. (2). substituted “$50,000” for “$25,000”.

Pub. L. 93–5521974—Par. (1). substituted “$100,000” for “$850,000”.

Pub. L. 87–5541962— 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).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as an Effective Date note under .

Effective Date of 1987 Amendment

Pub. L. 100–180, div. B101 Stat. 1215

“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 [].”
, subdiv. 3, title I, § 2304(b), , , provided that:

Effective Date of 1984 Amendment

Pub. L. 98–407, title VII, § 70298 Stat. 1517, , , provided that the amendment made by that section is effective .

Effective Date of 1983 Amendment

Pub. L. 98–115, title VII, § 70297 Stat. 782, , , provided that the amendment made by that section is effective .

Effective Date of 1982 Amendment

Pub. L. 97–214section 12(a) of Pub. L. 97–214section 2801 of this titleAmendment by effective , and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see , set out as an Effective Date note under .