Sec. 14. Account
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If the Secretary makes the certification required under section 3(d), there shall be established on the books of the Treasury an account to be known as the Military Infrastructure Consolidation and Efficiency 2019 . The Account shall be administered by the Secretary as a single account. There shall be deposited into the Account— funds authorized for an appropriation to the Account; any funds that the Secretary may, subject to approval in an appropriations Act, transfer to the Account from funds appropriated to the Department of Defense for any purpose, except that such funds may be transferred only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the congressional defense committees; and except as provided in subsection (c), proceeds received from the lease, transfer, or disposal of any property at a military installation that is consolidated, closed, or realigned under this Act.
The Account shall be closed at the time and in the manner provided for appropriation accounts under section 1555 of title 31, United States Code. Unobligated funds which remain in the Account upon the closure shall be held by the Secretary of the Treasury until transferred by law after the congressional defense committees receive the final report transmitted under section 14(a)(3). In such amounts as may be provided in advance in appropriation Acts, the Secretary may use the Account only for the purposes described in section 12 with respect to military installations approved for consolidation, closure, or realignment under this Act.
When a decision is made to use funds in the Account to carry out a military construction project under section 11(b)(1) and the cost of the project will exceed the maximum amount authorized by law for a minor military construction project, the Secretary shall notify, in writing, the congressional defense committees of the nature of, and justification for, the project and the amount of expenditures for such project. Any such project may be carried out without regard to section 2802(a) of title 10, United States Code.
Subject to paragraph (2), the total cost authorized for a closure or realignment action to be carried out using funds in the Account may not be increased by more than 25 percent of the amount specified for such closure or realignment action in the report transmitted by the Commission to the President pursuant to section 9(d). The limitation on cost variations in paragraph
(1)shall not apply if— the Secretary of Defense notifies the congressional defense committees, in writing, of the cost increase and the reason therefor and certifies that the increased cost is necessary in order to implement the recommendation; and a period of 60 days has elapsed after the date on which such notification is provided or, if the notification is provided in an electronic medium pursuant to section 480 of title 10, United States Code, a period of 45 days has elapsed. If any real property or facility acquired, constructed, or improved (in whole or in part) with commissary store funds or nonappropriated funds is transferred or disposed of in connection with the consolidation, closure, or realignment of a military installation under this Act, a portion of the proceeds of the transfer or other disposal of property on that installation shall be deposited in the reserve account established under section 204(b)(7)(C) of the Defense Authorization Amendments and Base Closure and Realignment Act ( 10 U.S.C. 2687 note). The amount so deposited shall be equal to the depreciated value of the investment made with such funds in the acquisition, construction, or improvement of that particular real property or facility. The depreciated value of the investment shall be computed in accordance with regulations prescribed by the Secretary of Defense. In such amounts as may be provided in advance in appropriations Acts, the Secretary may use amounts in the reserve account for the purpose of acquiring, constructing, and improving commissary stores and real property and facilities for nonappropriated fund instrumentalities. Except for funds deposited into the Account under subsection (a), funds appropriated to the Department of Defense may not be used for purposes described in section 12. The prohibition in this subsection shall expire upon the closure of the account under subsection (a)(3).
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