AUTHORIZED COST VARIATIONS

SEC. 2808. AUTHORIZED COST VARIATIONSSection 2853 of title 10, United States Code, is amended to read as follows: “§ 2853. Authorized cost variations “(a) Except as provided in subsection (c) or (d), the cost authorized for a military construction project or for the construction, improvement, and acquisition of a military family housing project may be increased by not more than 25 percent of the amount appropriated for such project or 200 percent of the minor construction project ceiling specified in section 2805(a)(1) whichever is less, if the Secretary concerned determines that such an increase in cost is required for the sole purpose of meeting unusual variations in cost and that such variations in cost could not have reasonably been anticipated at the time the project was approved originally by Congress. “(b) Except as provided in subsection (c), the scope of work for a military construction project or for the construction, improvement, and acquisition of a military family housing project may be reduced by not more than 25 percent from the amount approved for that project, construction, improvement, or acquisition by Congress. “(c) The limitation on cost increase in subsection (a) or the limitation on scope reduction in subsection (b) does not apply if— 103 STAT. 1649 “(1) the increase in cost or reduction in scope is approved by the Secretary concerned; “(2) the Secretary concerned notifies the appropriate committees of Congress in writing of the increase or reduction and the reasons therefor; and “(3) a period of 21 days has elapsed after the date on which the notification is received by the committees. “(d) The limitation on cost increases in subsection (a) does not apply to a within-scope modification to a contract or to the settlement of a contractor claim under a contract if the increase in cost is approved by the Secretary concerned, and the Secretary concerned promptly submits written notification of the facts relating to the proposed increase in cost to the appropriate committees of Congress.”.