Sec. 2802. LIMITATIONS ON AUTHORIZED COST AND SCOPE OF WORK VARIATIONS

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## SEC. 2802 LIMITATIONS ON AUTHORIZED COST AND SCOPE OF WORK VARIATIONS ###

(a)Process for Approving Certain Exceptions; Limitations Subsections

(c)and

(d)of section 2853 of title 10, United States Code, are amended to read as follows: > > ### “(c) Exceptions to Limitation on Cost Variations and Scope of Work Reductions > > > ####

(1)> > > #####

(A)> > Except as provided in subparagraph (D), the Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection

(a)and approve an increase in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost increase in the manner provided in this paragraph. > > > ##### “(B) > > The notification required by subparagraph

(A)shall— > > > ###### “(i) > > identify the amount of the cost increase and the reasons for the increase; > > > ###### “(ii) > > certify that the cost increase is sufficient to meet the mission requirement identified in the justification data provided to Congress as part of the request for authorization of the project; and > > > ###### “(iii) > > describe the funds proposed to be used to finance the cost increase. > > > ##### “(C) > > A waiver and approval by the Secretary concerned under subparagraph

(A)shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. > > > ##### “(D) > > The Secretary concerned may not use the authority provided by subparagraph (A)— > > > ###### “(i) > > to waive the cost limitation applicable to a military construction project with a total authorized cost greater than $500,000,000 or a military family housing project with a total authorized cost greater than $500,000,000; and > > > ###### “(ii) > > to approve an increase in the cost authorized for the project that would increase the project cost by more than 50 percent of the total authorized cost of the project. > > > ##### “(E) > > In addition to the notification required by this paragraph, subsection

(f)applies whenever a military construction project or military family housing project with a total authorized cost greater than $40,000,000 will have a cost increase of 25 percent or more. Subsection

(f)may not be construed to authorize a cost increase in excess of the limitation imposed by subparagraph (D). > > > #### “(2) > > > #####

(A)> > The Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection

(a)and approve a decrease in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost decrease not later than 14 days after the date funds are obligated in connection with the project. > > > ##### “(B) > > The notification required by subparagraph

(A)shall be provided in an electronic medium pursuant to section 480 of this title. > > > #### “(3) > > > #####

(A)> > The Secretary concerned may waive the limitation on a reduction in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve a scope of work reduction for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this paragraph. > > > ##### “(B) > > The notification required by subparagraph

(A)shall— > > > ###### “(i) > > describe the reduction in the scope of work and the reasons for the decrease; and > > > ###### “(ii) > > certify that the mission requirement identified in the justification data provided to Congress can still be met with the reduced scope. > > > ##### “(C) > > A waiver and approval by the Secretary concerned under subparagraph

(1)> > Except as provided in paragraph (4), the Secretary concerned may waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve an increase in the scope of work for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this subsection. > > > #### “(2) > > The notification required by paragraph

(1)shall describe the increase in the scope of work and the reasons for the increase. > > > #### “(3) > > A waiver and approval by the Secretary concerned under paragraph

(1)shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such paragraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. > > > #### “(4) > > The Secretary concerned may not use the authority provided by paragraph

(1)to waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project and approve an increase in the scope of work for the project that would increase the scope of work by more than 10 percent of the amount specified for the project in the justification data provided to Congress as part of the request for authorization of the project.” > . ###

(b)Conforming Amendment Related to Calculating Limitation on Cost Variations Section 2853(a) of title 10, United States Code, is amended by striking “the amount appropriated for such project” and inserting “the total authorized cost of the project” ###

(c)Clerical Amendments Section 2853 of title 10, United States Code, is further amended— ####

(1)in subsection (a), by inserting “Cost Variations Authorized; Limitation.—” after the enumerator “(a)”; ####

(2)in subsection (b), by inserting “Scope of Work Variations Authorized; Limitation.—” after the enumerator “(b)”; ####

(3)in subsection (e), by inserting “Additional Cost Variation Exceptions.—” after the enumerator “(e)”; ####

(4)in subsection (f), by inserting “Additional Reporting Requirement for Certain Cost Increases.—” after the enumerator “(f)”; and ####

(5)in subsection (g), by inserting “Relation to Other Law.—” after the enumerator “(g)”.