Page:United States Statutes at Large Volume 92 Part 1.djvu/635

 PUBLIC LAW 9 5 - 3 5 6 — S E P T. 8, 1978 (other than Alaska or H a w a i i), and by 10 p e r centum when outside the United States or in Alaska or H a w a i i, if he determines that such increase (1) is required for the sole purpose of meeting unusual variations in cost, and (2) could not have been reasonably anticipated a t the time such estimate was submitted to the Congress. (c) VARIATIONS I N INSTALLATION TO T A L S — O N L Y O N E P R O J E C T AT

AN INSTALLATION.—When the amount named for any construction or acquisition in title I, II, III, or IV of this Act involves only one project a t any military installation and the Secretary of the military department or Director of the defense agency concerned determines that the amount authorized must be increased by more than thQ applicable percentage prescribed in subsection (b), h e may proceed with such construction or acquisition if the amount of the increase does not exceed by more than 25 per centum the amount named for such project by the Congress. (d) VARIATIONS I N INSTALLATION TOTALS—REPORTS BY THE SECRE-

TARY OF DEFENSE.—When the Secretary of Defense determines that any amount named in title I, II, III, or IV of this Act must be exceeded by more than the percentages permitted in subsections (b) and (c) to accomplish authorized construction or acquisition, the Secretary of the military department or Director of the defense agency concerned may proceed with such construction or acquisition after a written report of the facts relating to the increase of such amount, including a statement of the reasons for such increase, has been submitted to the Committees on A r m e d Services of the Senate and House of Representatives, and either (1) t h i r t y days have elapsed from the date of submission of such report, or (2) both committees have indicated approval of such construction or acquisition. Notwithstanding the provisions in prior Military Construction Authorization Acts, the provisions of this subsection shall apply to such prior Acts. (e) COST AND SCOPE VARIATIONS o r INDIVIDUAL P R O J E C T S; REPORTS

TO CONGRESS.—No individual project authorized under title I, II, III, or IV of this Act for any specifically listed military installation for which the current working estimate is $400,000 or more may be placed under contract if— (1) the approved scope of the project is reduced in excess of 25 per centum; or (2) the current working estimate, based upon bids received, for the construction of such project exceeds by more than 25 per centum the amount authorized for such project by the Congress; until a written report of the facts relating to the reduced scope or increased cost of such project, including a statement of the reasons for reduction in scope or increase in cost, has been submitted to the Committees on Armed Services of the Senate and House of Representatives, and either t h i r t y days have elapsed from the date of submission of such report, or both committees have indicated approval of such reduction i n scope or increase i n cost, as the case may be. (f) A N N U A L REPORT TO CONGRESS.—The Secretary of Defense shall

submit an annual report to the Congress identifying each individual project (other than a project authorized under section 103, 203, 303, or 403) which has been placed under contract i n the preceding twelvemonth period and with respect to which the then current working estimate of the Department of Defense based upon bids received for such project exceeded the amount authorized by the Congress for that project by more than 25 p e r centum. The Secretary shall also include in such report each individual project with respect to which the scope

92 STAT. 5 8 1

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