§ 2851.
Supervision of military construction projects
(a)
Supervision of Military Department Projects.—
Each contract entered into by the United States in connection with a military construction project or a military family housing project shall be carried out under the direction and supervision of the Secretary of the Army (acting through the Chief of Engineers), the Secretary of the Navy (acting through the Commander of the Naval Facilities Engineering Command), or such other department or Government agency as the Secretary of Defense approves to assure the most efficient, expeditious, and cost-effective completion of the project.
(b)
Supervision of Defense Agency Projects.—
A military construction project for an activity or agency of the Department of Defense (other than a military department) financed from appropriations for military functions of the Department of Defense shall be accomplished by or through a military department designated by the Secretary of Defense.
(c)
Maintenance of Military Construction Information on Internet; Access.—
(1)
The Secretary of Defense shall maintain an Internet site that will permit a person to access and view on a separate page of the Internet site a document or other file containing the information required by paragraph (2) for the following:
(A)
Each military construction project or military family housing project that has been specifically authorized by Act of Congress.
(B)
Each project carried out with funds authorized for the operation and maintenance of military family housing.
(C)
Each project carried out with funds authorized for the improvement of military family housing units.
(E)
Each military department project with a total cost in excess of $15,000,000 for Facilities Sustainment, Restoration, and Modernization.
(F)
Each military construction project, military department Facilities Sustainment, Restoration, and Modernization project, or military family housing project regarding which a statutory requirement exists to notify Congress.
(2)
The information to be provided via the Internet site required by paragraph (1) for each project described in such paragraph shall include the following:
(A)
The solicitation date and award date (or anticipated dates) for each contract entered into (or to be entered into) by the United States in connection with the project.
(B)
The contract recipient, contract award amount, construction milestone schedule proposed by the contractor, and construction completion date stipulated in the awarded contract.
(C)
The most current Department of Defense Form 1391, Military Construction Project Data, for the project.
(D)
The progress of the project, including the percentage of construction currently completed and the current estimated construction completion date.
(E)
The current contract obligation of funds for the project, including any changes to the original contract award amount.
(F)
If funds appropriated for the project have been diverted for use in another project, the project to which the funds were diverted and the amount so diverted.
(G)
For accounts such as planning and design, unspecified minor construction, and family housing operation and maintenance, detailed information regarding expenditures and anticipated expenditures under these accounts and the purposes for which the expenditures are made.
(3)
The information required to be provided for each project described in paragraph (1) shall be made available on the Internet site required by such paragraph not later than 90 days after the award of a contract or delivery order for the project. The Secretary of Defense shall update the required information as promptly as practicable, but not less frequently than once a month, to ensure that the information is available in a timely manner.
(d)
Report on Supervision of Large Military Construction 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 designated 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 military 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.
(5)
The overall staffing approach to oversee the military construction project for each year of the contract term.
(e)
Annual Report on Schedule Delays.—
Not later than March 1 of each year (beginning with 2018), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on each military construction project or military family housing project for which, as of the end of the most recent fiscal year, the estimated completion date is more than 1 year later than the completion date proposed at the time the contract for the project was awarded.
(Added [Pub. L. 97–214, § 2(a)], July 12, 1982, [96 Stat. 163]; amended [Pub. L. 109–163, div. B, title XXVIII, § 2803(a)], (c), Jan. 6, 2006, [119 Stat. 3505], 3506; [Pub. L. 111–383, div. B, title XXVIII, § 2801], Jan. 7, 2011, [124 Stat. 4458]; [Pub. L. 115–91, div. B, title XXVIII, § 2822], Dec. 12, 2017, [131 Stat. 1855]; [Pub. L. 117–81, div. B, title XXVIII, § 2801(a)], Dec. 27, 2021, [135 Stat. 2184]; [Pub. L. 117–263, div. B, title XXVIII, § 2806(a)], Dec. 23, 2022, [136 Stat. 2995].)