[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1721 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1721

 To amend title 10, United States Code, to modify the authority of the 
 Secretary of each military department to replace damaged or destroyed 
  facilities to include replacement of certain facilities in failing 
                   condition, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2023

  Mr. Ossoff (for himself and Mr. Lankford) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to modify the authority of the 
 Secretary of each military department to replace damaged or destroyed 
  facilities to include replacement of certain facilities in failing 
                   condition, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Facilities Upgrades Act''.

SEC. 2. MODIFICATION OF AUTHORITY TO REPLACE DAMAGED OR DESTROYED 
              FACILITIES TO INCLUDE CERTAIN FACILITIES IN FAILING 
              CONDITION.

    (a) In General.--Section 2854 of title 10, United States Code, is 
amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection (a):
    ``(a)(1) Subject to subsection (b), the Secretary concerned may 
replace a facility under the jurisdiction of the Secretary concerned, 
including a family housing facility--
            ``(A) that has been damaged or destroyed; or
            ``(B) that is a facility described in paragraph (2) in 
        failing condition, if--
                    ``(i) replacement is more cost-effective than 
                repair;
                    ``(ii) the replacement facility supports an 
                existing mission of the Department of Defense; and
                    ``(iii) the replacement facility does not exceed 
                the total square footage of the replaced facility.
    ``(2) A facility described in this paragraph is any of the 
following facilities of the Department of Defense or an armed force:
            ``(A) Any barracks, housing, or dormitory facility.
            ``(B) A child development center.
            ``(C) Any other quality of life facility, including a 
        fitness center, recreation facility, dining facility, or 
        commissary facility.'';
            (2) in subsection (b), by striking ``repair, restoration, 
        or'';
            (3) in subsection (c)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``subsection (a)'' and 
                inserting ``subsection (a)(1)(A)''; and
                    (B) in paragraph (2)--
                            (i) by striking ``this subsection'' and 
                        inserting ``paragraph (1)''; and
                            (ii) by striking ``described in paragraph 
                        (1)'' and inserting ``described in paragraph 
                        (1)(B)'';
            (4) by redesignating paragraph (3) as paragraph (4);
            (5) by inserting after paragraph (2) the following new 
        paragraph (3):
    ``(3) In using the authority described in subsection (a)(1)(B) 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
            (6) in paragraph (4), as redesignated by paragraph (4) of 
        this subsection, by inserting ``per armed force'' before ``in 
        any fiscal year''.
    (b) Conforming and Clerical Amendments.--
            (1) Heading amendment.--The heading for section 2854 of 
        such title is amended to read as follows:
``Sec. 2854. Replacement of damaged, destroyed, or failing 
              facilities''.
            (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:

``2854. Replacement of damaged, destroyed, or failing facilities.''.
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