Page:United States Statutes at Large Volume 95.djvu/1402

 95 STAT. 1376

PUBLIC LAW 97-99—DEC. 23, 1981

set forth in title V for the United States share of the cost of the North Atlantic Treaty Organization program must be increased, the Secretary may incur obligations in excess of such amount if the amount of the increase does not exceed by more than 25 percent the amount set forth in such title. (e) VARIATIONS IN INSTALLATION TOTAUS—REPORTS BY THE SECRETARY OF DEFENSE.—When the Secretary of Defense determines that

any amount specified in title I, II, III, IV, or V must be exceeded by more than the percentages permitted in subsections (b), (c), and (d) to accomplish authorized construction or acquisition or for contribution by the United States as its share of the cost of the North Atlantic Treaty Organization infrastructure program, the Secretary of Defense or the Secretary of the military department or Director of the defense agency concerned may proceed with such construction, acquisition, or contribution 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 Coimnittees on Armed Services of the Senate and House of Representatives and either (1) thirty days have elapsed from the date of submission of such report, or (2) both committees have indicated approval of such construction, acquisition, or contribution. Notwithstanding the provisions in prior Military Construction Authorization Acts, the provisions of this subsection shall apply to such prior Acts.

(f) COST AND SCOPE VARIATIONS OF INDIVIDUAL PROJECTS: REPORTS

TO CONGRESS.—No individual project authorized under title I, II, III, or IV for any specifically listed military installations for which the current working estimate is greater than the statutory upper limit for minor construction projects may be placed under contract if— (1) the approved scope of the project is reduced in excess of 25 percent; or (2) the current working estimate, based upon bids received, for the construction of such project exceeds by more than 25 percent 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, includii^ 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 thirty days have elapsed from the date of submission of such report or both committees have indicated approval of such reduction in scope or increase in cost, as the case maybe. (g) ANNUAL REPORTS TO CONGRESS.—The Secretary of Defense, or the Secretary's designee, 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 in the preceding twelve-month period and with respect to which the then current workii^ 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 percent. The Secretary shall also include in such report each individual project with respect to which the scope was reduced by more than 25 percent in order to permit contract award within the available authorization for such project. Such report shall include all pertinent cost information for each individual project, including the amount in dollars and percentage by which the current working estimate based on the contract price for the project exceeded the amount authorized for such project by the Congress.

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