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TITLE --TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle E -- Energy Security

JWNDAA Section

House Conference Report 109-702

SEC. 2853. CONGRESSIONAL NOTIFICATION OF CANCELLATION CEILING FOR DEPARTMENT OF DEFENSE ENERGY SAVINGS PERFORMANCE CONTRACTS.

Section 2913 of title 10, United States Code, as added by section 2851 of this Act, is amended by adding at the end the following new subsection:

`(e) Congressional Notification of Cancellation Ceiling for Energy Savings Performance Contracts- When a decision is made to award an energy savings performance contract that contains a clause setting forth a cancellation ceiling in excess of $7,000,000, the Secretary of Defense shall submit to the appropriate committees of Congress written notification of the proposed contract and of the proposed cancellation ceiling for the contract. The notification shall include the justification for the proposed cancellation ceiling. The contract may then be awarded only after the end of the 30-day period beginning on the date the notification is received by such committees or, if earlier, the end of the 15-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title.'.

The House bill contained a provision (sec. 2805) that would amend section 2865 of title 10, United States Code, to require a notice and wait period for the Secretary of Defense before the award of an energy savings performance contract that contains a cancellation ceiling in excess of $7.0 million.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

House Armed Services Committee Report

SECTION 2805--CONGRESSIONAL NOTIFICATION OF CANCELLATION CEILING FOR DEPARTMENT OF DEFENSE ENERGY SAVINGS PERFORMANCE CONTRACTS

This section would amend section 2865 of title 10, United States Code, to require a notice and wait period for the Secretary of Defense before the award of an energy savings performance contract that contains a cancellation ceiling in excess of $7,000,000.