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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2018 · Sec. 2821

Sec. 2821. NOTIFICATION REQUIREMENT FOR CERTAIN COST INCREASES

619 words·~3 min read·/statute-compilations/comps-13932/sec-2821

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## SEC. 2821 NOTIFICATION REQUIREMENT FOR CERTAIN COST INCREASES Section 2853 of title 10, United States Code, is amended— ####
(1)by redesignating subsection
(f)as subsection (g); ####
(2)by inserting after subsection
(e)the following new subsection: > > ### “(f) > > > ####
(1)> > In addition to the notification sent under paragraph
(1)of subsection
(c)of a cost increase with respect to a project, the Secretary concerned shall provide an additional report notifying the congressional defense committees and the Comptroller General of the United States of any military construction project or military family housing project with a total authorized cost greater than $40,000,000 that has a cost increase of 25 percent or more. > > > #### “(2) > > The report under paragraph
(1)shall include the following— > > > ##### “(A) > > A description of the specific reasons for the cost increase and the specific organizations and individuals responsible. > > > ##### “(B) > > A description of any ongoing or completed proceedings or investigation into a government employee, prime contractor, subcontractor, or non-governmental organization that may be responsible for the cost increase, and the status of such proceeding or investigation. > > > ##### “(C) > > If any proceeding or investigation identified in subparagraph
(B)resulted in final judicial or administrative action, the following: > > > ###### “(i) > > In the case of a judicial or administrative action taken against a government employee, the report shall identify the individual’s organization, position within the organization, and the action taken against the individual, but shall exclude personally identifiable information about the individual. > > > ###### “(ii) > > In the case of a judicial or administrative action taken against a prime contractor, subcontractor, or non-governmental organization, the report shall identify the prime contractor, subcontractor, or non-governmental organization and the action taken against the prime contractor, subcontractor, or non-governmental organization. > > > ##### “(D) > > A summary of any changes the Secretary concerned believes may be required to the organizational structure, project management and oversight practices, policy, or authorities of a government organization involved in military construction projects as a result of problems identified and lessons learned from the project. > > > #### “(3) > > If any proceeding or investigation described in paragraph (2)(C) is still ongoing at the time the Secretary concerned submits the report under paragraph (1), the Secretary shall provide a supplemental report to the congressional defense committees and the Comptroller General of the United States not later than 30 days after such proceeding or investigation has been completed. If such proceeding or investigation resulted in final judicial or administrative action against a government employee, prime contractor, subcontractor, or non-governmental organization, the Secretary shall include in the supplemental report the information required by paragraph (2)(C). > > > #### “(4) > > Each report under this subsection shall be cosigned by the senior engineer authorized to supervise military construction projects and military family housing projects under section 2851(a). > > > #### “(5) > > The Secretary shall send the report required under paragraph
(1)with respect to a project not later than 180 days after the Secretary sends to the appropriate committees of Congress the notification under paragraph
(1)of subsection
(c)of a cost increase with respect to the project. > > > #### “(6) > > The Comptroller General of the United States shall review each report submitted under this subsection and validate or correct as necessary the information provided.” > ; and ####
(3)in subsection (g), as redesignated by paragraph (1), by striking “subsections
(a)through (e)” and inserting “subsections
(a)through (f)”.
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