Page:United States Statutes at Large Volume 122.djvu/556

 12 2 STA T .53 3 PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 theproj e c t .T he s cope o fw or k for s u ch a project m a yn ot b e re d uced by more than 25 percent from the scope spec i fied in the most recent bud g et documents for the projects l isted in such con - ference report. ‘ ‘ ( 2 )P aragraph ( 1 ) shall not apply to a military construction project or military family housing project to be carried out using funds in the A ccount with an estimated cost of less than $ 5 ,0 00,000, unless the project has not been pre v iously identified in any budget submission for the Account and e x ceeds the applicable minor construction threshold under section 2 8 05 of title 10, U nited S tates C ode. ‘‘( 3 ) The limitation on cost or scope variation in paragraph (1) shall not apply if the Secretary of D efense makes a determina- tion that an increase or reduction in cost or a reduction in the scope of work for a military construction project or military family housing project to be carried out using funds in the Account needs to be made for the sole purpose of meeting unusual variations in cost or scope. I f the Secretary makes such a determination, the Secretary shall notify the congressional defense committees of the variation in cost or scope not later than 21 days before the date on which the variation is made in connection with the project or, if the notification is provided in an electronic medium pursuant to section 4 80 of title 10, United States Code, not later than 14 days before the date on which the variation is made. The Secretary shall include the reasons for the variation in the notification. ’ ’. (b) REPORT O NEXIS TIN G PRO J E C TS. —N ot later than 9 0 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report speci- fying all military construction projects and military family housing projects carried out using funds in the Department of Defense B ase Closure Account 2005 for which a cost or scope of work variation was made before that date that would have been subject to subsection (f) of section 2905A of the Defense Base Closure and Realignment Act of 1990, as added by this section, if such subsection had been in effect when the cost or scope of work variation was made. The Secretary shall include a description of each variation covered by the report and the reasons for the vari- ation. SEC.2705 . TRAN S F ER O FF U N D S FRO M DE P ARTMENT OF DEFENSE B ASE C L OSURE ACCOUNT 2005 TO DEPARTMENT OF DEFENSE H OUS I N G FUNDS. (a) TR A NS F ERA U T H ORIT Y .—Subsection (c) of section 2883 of title 10, United States Code, is amended— (1) in paragraph (1), by adding at the end the following new subparagraph

‘‘( G ) Subject to subsection (f), any amounts that the Sec- retary of Defense transfers to that F und from amounts in the Department of Defense Base Closure Account 2005.’’ and (2) in paragraph (2), by adding at the end the following new subparagraph: ‘‘(G) Subject to subsection (f), any amounts that the Sec- retary of Defense transfers to that Fund from amounts in the Department of Defense Base Closure Account 2005.’’. (b) NOTIFICATION AN DJ USTIFICATION FOR TRANSFER.—Sub- section (f) of such section is amended— Notif i ca tio n.De a dl ine s .

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