Military Facilities Upgrades Act

II 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 author- ity of the Secretary of each military department to re- place damaged or destroyed facilities to include replace- ment of certain facilities in failing condition, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Military Facilities Up- 4 grades Act’’. 5 VerDate Sep 11 2014 04:10 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1721.IS S1721 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1721 IS SEC. 2. MODIFICATION OF AUTHORITY TO REPLACE DAM- 1 AGED OR DESTROYED FACILITIES TO IN- 2 CLUDE CERTAIN FACILITIES IN FAILING CON- 3 DITION. 4 (a) IN GENERAL.—Section 2854 of title 10, United 5 States Code, is amended— 6 (1) by striking subsection (a) and inserting the 7 following new subsection (a): 8 ‘‘(a)(1) Subject to subsection (b), the Secretary con- 9 cerned may replace a facility under the jurisdiction of the 10 Secretary concerned, including a family housing facility— 11 ‘‘(A) that has been damaged or destroyed; or 12 ‘‘(B) that is a facility described in paragraph 13 (2) in failing condition, if— 14 ‘‘(i) replacement is more cost-effective than 15 repair; 16 ‘‘(ii) the replacement facility supports an 17 existing mission of the Department of Defense; 18 and 19 ‘‘(iii) the replacement facility does not ex- 20 ceed the total square footage of the replaced fa- 21 cility. 22 ‘‘(2) A facility described in this paragraph is any of 23 the following facilities of the Department of Defense or 24 an armed force: 25 VerDate Sep 11 2014 04:10 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1721.IS S1721 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1721 IS ‘‘(A) Any barracks, housing, or dormitory facil- 1 ity. 2 ‘‘(B) A child development center. 3 ‘‘(C) Any other quality of life facility, including 4 a fitness center, recreation facility, dining facility, or 5 commissary facility.’’; 6 (2) in subsection (b), by striking ‘‘repair, res- 7 toration, or’’; 8 (3) in subsection (c)— 9 (A) in paragraph (1), in the matter pre- 10 ceding subparagraph (A), by striking ‘‘sub- 11 section (a)’’ and inserting ‘‘subsection 12 (a)(1)(A)’’; and 13 (B) in paragraph (2)— 14 (i) by striking ‘‘this subsection’’ and 15 inserting ‘‘paragraph (1)’’; and 16 (ii) by striking ‘‘described in para- 17 graph (1)’’ and inserting ‘‘described in 18 paragraph (1)(B)’’; 19 (4) by redesignating paragraph (3) as para- 20 graph (4); 21 (5) by inserting after paragraph (2) the fol- 22 lowing new paragraph (3): 23 ‘‘(3) In using the authority described in subsection 24 (a)(1)(B) to carry out a military construction project to 25 VerDate Sep 11 2014 04:10 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1721.IS S1721 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1721 IS replace a facility, including a family housing facility, that 1 is in failing condition, the Secretary concerned may use 2 appropriations available for operation and maintenance.’’; 3 and 4 (6) in paragraph (4), as redesignated by para- 5 graph (4) of this subsection, by inserting ‘‘per 6 armed force’’ before ‘‘in any fiscal year’’. 7 (b) CONFORMING AND CLERICAL AMENDMENTS.— 8 (1) HEADING AMENDMENT.—The heading for 9 section 2854 of such title is amended to read as fol- 10 lows: 11 ‘‘§ 2854. Replacement of damaged, destroyed, or fail- 12 ing facilities’’. 13 (2) CLERICAL AMENDMENT.—The table of sec- 14 tions at the beginning of subchapter III of chapter 15 169 of such title is amended by striking the item re- 16 lating to section 2854 and inserting the following 17 new item: 18 ‘‘2854. Replacement of damaged, destroyed, or failing facilities.’’. Æ VerDate Sep 11 2014 04:10 Jun 02, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1721.IS S1721 kjohnson on DSK79L0C42PROD with BILLS