Sec. 2804. Use of operation and maintenance funds for military construction projects to replace facilities damaged or destroyed by natural disasters or terrorism incidents
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Section 2854 of title 10, United States Code, is amended by adding at the end the following new subsection: In using the authority described in subsection
(a)to carry out a military construction project to replace a facility, including a family housing facility, that has been damaged or destroyed, the Secretary concerned may use appropriations available for operation and maintenance if— the damage or destruction to the facility was the result of a natural disaster or a terrorism incident; and the Secretary submits a notification to the appropriate committees of Congress of the decision to carry out the replacement project, and includes in the notification— the current estimate of the cost of the replacement project; the source of funds for the replacement project; in the case of damage to a facility rather than destruction, a certification that the replacement project is more cost-effective than repair or restoration; and a certification that deferral of the replacement project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or the protection of health, safety, or environmental quality, as the case may be. A replacement project under this subsection may be carried out only after the end of the 7-day period beginning on the date on which a copy of the notification described in paragraph
(1)is provided in an electronic medium pursuant to section 480 of this title. The maximum aggregate amount that the Secretary concerned may obligate from appropriations available for operation and maintenance in any fiscal year for replacement projects under the authority of this subsection is $50,000,000. . Subsection
(b)of section 2854 of such title, as amended by section 2801(c)(2), is amended by striking under this section and inserting under subsection
(a).