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TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing Changes

P. L. 112-81

House Conference Report 112-329

(a) Prohibition- Section 2306 of title 10, United States Code, is amended by inserting after subsection (b) the following new subsection:

`(c) A contract entered into by the United States in connection with a military construction project or a military family housing project may not use any form of cost-plus contracting. This prohibition is in addition to the prohibition specified in subsection (a) on the use of the cost-plus-a-percentage-of-cost system of contracting and applies notwithstanding a declaration of war or the declaration by the President of a national emergency under section 201 of the National Emergencies Act (50 U.S.C. 1621) that includes the use of the armed forces.'.

(b) Application of Amendment- Subsection (c) of section 2306 of title 10, United States Code, as added by subsection (a), shall apply with respect to any contract entered into by the United States in connection with a military construction project or a military family housing project after the date of the enactment of this Act.

The House bill contained a provision (sec. 2801) prohibiting the use of any cost-plus system of contracting for military construction and military family housing.

The Senate amendment did not contain a similar provision.

The Senate recedes.

House Report 112-078

SECTION 2801--PROHIBITION ON USE OF ANY COST-PLUS SYSTEM OF CONTRACTING FOR MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING PROJECTS

This section would amend section 2306 of title 10, United States Code, and prohibit the use of cost-type contracting for military construction projects and military family housing projects. Such prohibition will not apply in case of a declaration of war or the declaration by the President of a national emergency pursuant to section 1621 of title 50, United States Code.