[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Page S5310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5829. Mr. OSSOFF submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 2811. MODIFICATION OF AUTHORITY TO REPLACE DAMAGED OR 
                   DESTROYED FACILITIES TO INCLUDE 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) Subject to subsection (b), the Secretary concerned 
     may--
       ``(1) replace a facility under the jurisdiction of the 
     Secretary concerned, including a family housing facility, 
     that has been damaged or destroyed; or
       ``(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--
       ``(A) replacement is more cost-effective than repair;
       ``(B) the replacement facility supports an existing mission 
     of the Department of Defense; and
       ``(C) the replacement facility does not exceed the total 
     square footage of the replaced 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)''; 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)(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
       (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 of 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.''.
                                 ______