§ 2805.
(g)
Defense Laboratory Modernization Program.—
(1)
Using amounts appropriated or otherwise made available to the Department of Defense for research, development, test, and evaluation, the Secretary of Defense may fund a military construction project described in paragraph (4) at any of the following:
(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 technology 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 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 construction 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 appurtenances 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 construction 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 potential 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.
(B)
In the case of architectural and engineering services and construction design to be undertaken under this paragraph for which the estimated cost exceeds $4,000,000, the Secretary concerned 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.
(Added [Pub. L. 97–214, § 2(a)], July 12, 1982, [96 Stat. 155]; amended [Pub. L. 99–167, title VIII, § 809], Dec. 3, 1985, [99 Stat. 989]; [Pub. L. 99–661, div. B, title VII, § 2702(a)], Nov. 14, 1986, [100 Stat. 4040]; [Pub. L. 100–180, div. B], subdiv. 3, title I, § 2310, Dec. 4, 1987, [101 Stat. 1217]; [Pub. L. 101–510, div. A, title XIII, § 1301(16)], Nov. 5, 1990, [104 Stat. 1668]; [Pub. L. 102–190, div. B, title XXVIII], §§ 2807, 2870(4), Dec. 5, 1991, [105 Stat. 1540], 1563; [Pub. L. 104–106, div. B, title XXVIII], §§ 2811(a), 2812, Feb. 10, 1996, [110 Stat. 552]; [Pub. L. 104–201, div. B, title XXVIII, § 2801(a)], Sept. 23, 1996, [110 Stat. 2787]; [Pub. L. 105–85, div. B, title XXVIII, § 2801], Nov. 18, 1997, [111 Stat. 1989]; [Pub. L. 107–107, div. B, title XXVIII, § 2801], Dec. 28, 2001, [115 Stat. 1305]; [Pub. L. 108–136, div. A, title X, § 1031(a)(36)], Nov. 24, 2003, [117 Stat. 1600]; [Pub. L. 110–181, div. B, title XXVIII], §§ 2803, 2804, Jan. 28, 2008, [122 Stat. 539]; [Pub. L. 111–84, div. B, title XXVIII, § 2801(a)(1)], (2), (b), Oct. 28, 2009, [123 Stat. 2660]; [Pub. L. 112–81, div. B, title XXVIII, § 2802(a)], (b), Dec. 31, 2011, [125 Stat. 1684]; [Pub. L. 113–66, div. B, title XXVIII, § 2801(a)], Dec. 26, 2013, [127 Stat. 1006]; [Pub. L. 113–291, div. B, title XXVIII, § 2802], Dec. 19, 2014, [128 Stat. 3695]; [Pub. L. 114–328, div. B, title XXVIII, § 2801], Dec. 23, 2016,