113 STAT. 850 PUBLIC LAW 106-65—OCT. 5, 1999 "(b) RESTRICTION.— A project referred to in subsection (a) may not include the acquisition or construction of an ancillary supporting facility if, as determined by the Secretary concerned, the facility is to be used for providing merchandise or services in direct competition with— "(1) the Army and Air Force Exchange Service; "(2) the Navy Exchange Service Command; "(3) a Marine Corps exchange; "(4) the Defense Commissary Agency; or "(5) any nonappropriated fund activity of the Department of Defense for the morale, welfare, and recreation of members of the armed forces.". SEC. 2805. PLANNING AND DESIGN FOR MILITARY CONSTRUCTION PROJECTS FOR RESERVE COMPONENTS. Section 18233(f)(1) of title 10, United States Code, is amended by inserting "design," after "planning,". SEC. 2806. MODIFICATION OF LIMITATIONS ON RESERVE COMPONENT FACILITY PROJECTS FOR CERTAIN SAFETY PROJECTS. (a) EXEMPTION FROM NOTICE AND WAIT REQUIREMENT. —Subsection (a)(2) of section 18233a of title 10, United States Code, is amended by adding at the end the following new subparagraph: "(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) AVAILABILITY OF OPERATION AND MAINTENANCE FUNDS. — Subsection (b) of such section is amended to read as follows: "(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) 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)(2) of this title, in the case of any other project.". SEC. 2807. SENSE OF CONGRESS ON USE OF INCREMENTAL FUNDING TO CARRY OUT MILITARY CONSTRUCTION PROJECTS. It is the sense of Congress that— (1) in preparing the budget for each fiscal year for military construction for submission to Congress under section 1105 of title 31, United States Code, the President should request an amount of funds for each proposed military construction project that is sufficient to produce a complete and usable facility or a complete and usable improvement to an existing facility; (2) in limited instances, large military construction projects may be funded in phases consistent with established practices for such projects; and (3) the President should not request, and Congress should not agree to adopt, a general practice of authorizing or appropriating funds for military construction projects based on historical outlay rates for military construction.
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