H. R. 7776—598 
Subtitle A—Military Construction Program 
SEC. 2801. TEMPORARY INCREASE OF AMOUNTS IN CONNECTION WITH 
AUTHORITY TO CARRY OUT UNSPECIFIED MINOR MILI-
TARY CONSTRUCTION. 
For the period beginning on the date of the enactment of 
this Act and ending on December 1, 2025, section 2805 of title 
10, United States Code, shall be applied and administered— 
(1) in subsection (a)(2), by substituting ‘‘$9,000,000’’ for 
‘‘$6,000,000’’; 
(2) in subsection (c), by substituting ‘‘$4,000,000’’ for 
‘‘$2,000,000’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) 
in 
subparagraph 
(A), 
by 
substituting 
‘‘$9,000,000’’ for ‘‘$6,000,000’’; and 
(ii) 
in 
subparagraph 
(B), 
by 
substituting 
‘‘$9,000,000’’ for ‘‘$6,000,000’’; and 
(B) in paragraph (2), by substituting ‘‘$9,000,000’’ for 
‘‘$6,000,000’’; and 
(4) in subsection (f)(1), by substituting ‘‘$14,000,000’’ for 
‘‘$10,000,000’’. 
SEC. 2802. MODIFICATION OF ANNUAL LOCALITY ADJUSTMENT OF 
DOLLAR THRESHOLDS APPLICABLE TO UNSPECIFIED 
MINOR MILITARY CONSTRUCTION AUTHORITIES. 
Section 2805(f)(2) of title 10, United States Code, as amended 
by this Act, is further amended— 
(1) by striking ‘‘or the Commonwealth’’ and inserting ‘‘Wake 
Island, the Commonwealth’’; and 
(2) by inserting ‘‘, or a former United States Trust Territory 
now in a Compact of Free Association with the United States’’ 
after ‘‘Mariana Islands’’. 
SEC. 2803. PERMANENT AUTHORITY FOR DEFENSE LABORATORY MOD-
ERNIZATION PROGRAM. 
(a) IN GENERAL.—Section 2805 of title 10, United States Code, 
as amended by this Act, is further amended by adding at the 
end the following new subsection: 
‘‘(g) DEFENSE
LABORATORY
MODERNIZATION
PROGRAM.—(1) 
Using amounts appropriated or otherwise made available to the 
Department of Defense for research, development, test, and evalua-
tion, the Secretary of Defense may fund a military construction 
project described in paragraph (4) at any of the following: 
‘‘(A) A Department of Defense science and technology re-
invention laboratory (as designated under section 4121(b) of 
this title). 
‘‘(B) A Department of Defense federally funded research 
and development center that functions primarily as a research 
laboratory. 
‘‘(C) A Department of Defense facility in support of a tech-
nology development program that is consistent with the fielding 
of offset technologies as described in section 218 of the National 
Defense Authorization Act for Fiscal Year 2016 (Public Law 
114–92; 10 U.S.C. note 4811). 
‘‘(D) A Department of Defense research, development, test, 
and evaluation facility that is not designated as a science
H. R. 7776—599 
and technology reinvention laboratory, but nonetheless is 
involved with developmental test and evaluation. 
‘‘(2) Subject to the condition that a military construction project 
under paragraph (1) be authorized in a Military Construction 
Authorization Act, the authority to carry out the military construc-
tion project includes authority for— 
‘‘(A) surveys, site preparation, and advanced planning and 
design; 
‘‘(B) acquisition, conversion, rehabilitation, and installation 
of facilities; 
‘‘(C) acquisition and installation of equipment and appur-
tenances integral to the project; acquisition and installation 
of supporting facilities (including utilities) and appurtenances 
incident to the project; and 
‘‘(D) planning, supervision, administration, and overhead 
expenses incident to the project. 
‘‘(3)(A) The Secretary of Defense shall include military construc-
tion projects proposed to be carried out under paragraph (1) in 
the budget justification documents for the Department of Defense 
submitted to Congress in connection with the budget for a fiscal 
year submitted under 1105 of title 31. 
‘‘(B) Not less than 14 days prior to the first obligation of 
funds described in paragraph (1) for a military construction project 
to be carried out under such paragraph, the Secretary of Defense 
shall submit to the congressional defense committees a notification 
providing an updated construction description, cost, and schedule 
for the project and any other matters regarding the project as 
the Secretary considers appropriate. 
‘‘(4) The authority provided by paragraph (1) to fund military 
construction projects using amounts appropriated or otherwise made 
available for research, development, test, and evaluation is limited 
to military construction projects that the Secretary of Defense, 
in the budget justification documents exhibits submitted pursuant 
to paragraph (3)(A), determines— 
‘‘(A) will support research and development activities at 
laboratories described in paragraph (1); 
‘‘(B) will establish facilities that will have significant poten-
tial for use by entities outside the Department of Defense, 
including universities, industrial partners, and other Federal 
agencies; 
‘‘(C) are endorsed for funding by more than one military 
department or Defense Agency; and 
‘‘(D) cannot be fully funded within the thresholds otherwise 
specified in this section. 
‘‘(5) The maximum amount of funds appropriated or otherwise 
made available for research, development, test, and evaluation that 
may be obligated in any fiscal year for military construction projects 
under paragraph (1) is $150,000,000. 
‘‘(6)(A) In addition to the authority provided to the Secretary 
of Defense under paragraph (1) to use amounts appropriated or 
otherwise made available for research, development, test, and 
evaluation for a military construction project referred to in such 
subsection, the Secretary of the military department concerned 
may use amounts appropriated or otherwise made available for 
research, development, test, and evaluation to obtain architectural 
and engineering services and to carry out construction design in 
connection with such a project.
H. R. 7776—600 
‘‘(B) In the case of architectural and engineering services and 
construction design to be undertaken under this paragraph for 
which the estimated cost exceeds $1,000,000, the Secretary con-
cerned shall notify the appropriate committees of Congress of the 
scope of the proposed project and the estimated cost of such services 
before the initial obligation of funds for such services. The Secretary 
may then obligate funds for such services only after the end of 
the 14-day period beginning on the date on which the notification 
is received by the committees in an electronic medium pursuant 
to section 480 of this title.’’. 
(b) APPLICABILITY.—Subsection (g) of section 2805 of title 10, 
United States Code, as added by subsection (a), shall apply with 
respect only to amounts appropriated after the date of the enact-
ment of this Act. 
(c) CONFORMING REPEAL.—Section 2803 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 
U.S.C. note prec. 4121) is repealed. 
SEC. 2804. ELIMINATION OF SUNSET OF AUTHORITY TO CONDUCT 
UNSPECIFIED MINOR MILITARY CONSTRUCTION FOR LAB 
REVITALIZATION. 
Section 2805(d) of title 10, United States Code, as amended 
by this Act, is further amended by striking paragraph (5). 
SEC. 2805. MILITARY CONSTRUCTION PROJECTS FOR INNOVATION, 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 
(a) IN GENERAL.—Subchapter I of chapter 169 of title 10, United 
States Code, is amended by inserting after section 2809 the fol-
lowing new section: 
‘‘§ 2810. 
Military 
construction 
projects 
for 
innovation, 
research, development, test, and evaluation 
‘‘(a) PROJECT AUTHORIZATION REQUIRED.—The Secretary of 
Defense may carry out such military construction projects for 
innovation, research, development, test, and evaluation as are 
authorized by law, using funds appropriated or otherwise made 
available for that purpose. 
‘‘(b) SUBMISSION
OF PROJECT PROPOSALS.—As part of the 
defense budget materials for each fiscal year, the Secretary of 
Defense shall include the following information for each military 
construction project covered by subsection (a): 
‘‘(1) The project title. 
‘‘(2) The location of the project. 
‘‘(3) A brief description of the scope of work. 
‘‘(4) A completed Department of Defense Form 1391 budget 
justification that includes the original project cost estimate. 
‘‘(5) A current working cost estimate, if different that the 
cost estimate contained in such Form 1391. 
‘‘(6) Such other information as the Secretary considers 
appropriate. 
‘‘(c) BUDGET JUSTIFICATION DISPLAY.—The Secretary of Defense 
shall include with the defense budget materials for each fiscal 
year a consolidated budget justification display that individually 
identifies each military construction project covered by subsection 
(a) and the amount requested for such project for such fiscal year. 
‘‘(d) APPLICATION TO MILITARY CONSTRUCTION PROJECTS.—This 
section shall apply to military construction projects covered by 
subsection (a) for which a Department of Defense Form 1391 is
H. R. 7776—601 
submitted to the appropriate committees of Congress in connection 
with the budget of the Department of Defense for fiscal year 2023 
and thereafter.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by inserting after the item 
relating to section 2809 the following new item: 
‘‘2810. Military construction projects for innovation, research, development, test, and 
evaluation.’’. 
SEC. 
2806. 
SUPERVISION 
OF 
LARGE 
MILITARY 
CONSTRUCTION 
PROJECTS. 
(a) 
SUPERVISION
OF
LARGE
MILITARY
CONSTRUCTION 
PROJECTS.—Section 2851 of title 10, United States Code, is 
amended— 
(1) by redesignating subsection (d) as subsection (e); and 
(2) by inserting after subsection (c) the following new sub-
section: 
‘‘(d) REPORT ON SUPERVISION OF LARGE MILITARY CONSTRUC-
TION PROJECTS.—Before the award of a contract of a value greater 
than $500,000,000 in connection with a military construction 
project, the individual directing and supervising such military 
construction project under subsection (a) or the individual des-
ignated pursuant to subsection (b) (as applicable) shall submit 
to the appropriate committees of Congress a report on the intended 
supervision, inspection, and overhead plan to manage such military 
construction project. Each such report shall include the following: 
‘‘(1) A determination of the overall funding intended to 
manage the supervision, inspection, and overhead of the mili-
tary construction project. 
‘‘(2) An assessment of whether a Department of Defense 
Field Activity directly reporting to such individual should be 
established. 
‘‘(3) A description of the quality assurance approach to 
the military construction project. 
‘‘(4) The independent cost estimate described in section 
3221(b)(6)(A) of this title. 
‘‘(5) The overall staffing approach to oversee the military 
construction project for each year of the contract term.’’. 
(b) CONFORMING AMENDMENT
TO DUTIES
OF
THE DIRECTOR 
OF
COST
ASSESSMENT
AND
PROGRAM
EVALUATION.—Section 
3221(b)(6)(A) of title 10, United States Code, is amended— 
(1) in clause (iii), by striking ‘‘and’’ at the end; and 
(2) by adding at the end the following new clause: 
‘‘(v) any decision to enter into a contract in connec-
tion with a military construction project of a value 
greater than $500,000,000; and’’. 
(c) APPLICABILITY.—This section and the amendments made 
by this section shall apply to contracts entered into on or after 
the date of the enactment of this Act. 
SEC. 2807. SPECIFICATION OF ASSISTANT SECRETARY OF DEFENSE 
FOR ENERGY, INSTALLATIONS, AND ENVIRONMENT AS 
CHIEF HOUSING OFFICER. 
Subsection (a) of section 2851a of title 10, United States Code, 
is amended to read as follows: 
‘‘(a) IN GENERAL.—The Assistant Secretary of Defense for 
Energy, Installations, and Environment shall serve as the Chief 
Housing Officer, who shall oversee family housing and military