§2810 Military Construction Projects for Innovation, Research, Development, Test, and Evaluation

Summary

The Secretary of Defense may build military facilities to help innovation, research, development, testing, and evaluation when the projects are allowed by law and paid for with the right funds. Each year’s defense budget must list every such project with its title, location, a short description of the work, the original cost shown on the Department of Defense Form 1391, a current cost estimate if it changed, and any other info the Secretary thinks is needed. The budget must also include a clear summary that shows each project and how much money is being requested for that year. These rules apply to projects with a Form 1391 sent to Congress for fiscal year 2023 and later. Each military department Secretary and the Secretary of Defense must also send Congress a five-year plan with goals, major efforts, milestones, estimated costs, how the work will be scheduled so operations keep going, any needed environmental or engineering studies, and how the work will be funded. The plans must use strong, results-focused management practices (such as clear goals, measurable results, listed resources and risks, and regular progress reports). “Innovation infrastructure” means labs, test and evaluation ranges, and other facilities used mainly for research, development, test, and evaluation. Using money set aside for research, development, test, and evaluation, the Secretary of Defense may fund construction at certain kinds of defense labs and research facilities, if the project is authorized in a Military Construction Authorization Act. That authority covers site surveys and planning, site preparation, building work, equipment and utilities, and related oversight and overhead. Those projects must be included in the budget documents, and the Secretary must notify the congressional defense committees at least 14 days before first obligating funds with an updated description, cost, and schedule. Projects paid with research funds must support lab R&D, have strong potential for outside use, be backed by more than one military department or agency, and not fit within other funding limits. The yearly cap on using research funds for such construction is $150,000,000. A military department may also use research funds for architectural and engineering services and design; if those services are estimated to cost more than $4,000,000, the Secretary must notify Congress and wait 14 days after electronic notice before obligating the money.