S.Amdt. 5829

1. Adds SEC. 2811. MODIFICATION OF AUTHORITY TO REPLACE DAMAGED OR DESTROYED FACILITIES TO INCLUDE FACILITIES IN FAILING CONDITION at the end of subtitle A of title XXVIII

   Adds a section

   In S.Amdt. 5499 as proposed

   Section 2861(b)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2802 note) is amended, in the matter preceding subparagraph (A), by striking "continental".

   Inserted: SEC. 2811. MODIFICATION OF AUTHORITY TO REPLACE DAMAGED OR DESTROYED FACILITIES TO INCLUDE FACILITIES IN FAILING CONDITION.

   Inserted: (a) In General.--Section 2854 of title 10, United States Code, is amended--

   Inserted: (1) by striking subsection (a) and inserting the following new subsection (a):

   Inserted: "(a) Subject to subsection (b), the Secretary concerned may--

   Inserted: "(1) replace a facility under the jurisdiction of the Secretary concerned, including a family housing facility, that has been damaged or destroyed; or

   Inserted: "(2) subject to subsection (c)(3), replace a facility under the jurisdiction of the Secretary concerned, including a family housing facility, that is in failing condition, if--

   Inserted: "(A) replacement is more cost-effective than repair;

   Inserted: "(B) the replacement facility supports an existing mission of the Department of Defense; and

   Inserted: "(C) the replacement facility does not exceed the total square footage of the replaced facility.";

   Inserted: (2) in subsection (b), by striking "repair, restoration, or";

   Inserted: (3) in subsection (c)--

   Inserted: (A) in paragraph (1), in the matter preceding subparagraph (A), by striking "subsection (a)" and inserting "subsection (a)(1)"; and

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   Inserted: (B) in paragraph (2)--

   Inserted: (i) by striking "this subsection" and inserting "paragraph (1)"; and

   Inserted: (ii) by striking "described in paragraph (1)" and inserting "described in paragraph (1)(B)";

   Inserted: (4) by redesignating paragraph (3) as paragraph (4);

   Inserted: (5) by inserting after paragraph (2) the following new paragraph (3):

   Inserted: "(3) In using the authority described in subsection (a)(2) to carry out a military construction project to replace a facility, including a family housing facility, that is in failing condition, the Secretary concerned may use appropriations available for operation and maintenance."; and

   Inserted: (6) in paragraph (4), as redesignated by paragraph (4) of this subsection, by inserting "per armed force" before "in any fiscal year".

   Inserted: (b) Conforming and Clerical Amendments.--

   Inserted: (1) Heading amendment.--The heading of section 2854 of such title is amended to read as follows:

   Inserted: "Sec. 2854. Replacement of damaged, destroyed, or failing facilities".

   Inserted: (2) Clerical amendment.--The table of sections at the beginning of subchapter III of chapter 169 of such title is amended by striking the item relating to section 2854 and inserting the following new item:

   Inserted: "2854. Replacement of damaged, destroyed, or failing facilities.".

   Original wording

   At the end of subtitle A of title XXVIII, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed