10 USC 2813 - Acquisition of existing facilities in lieu of authorized construction

U.S Code last checked for updates: Nov 22, 2024

§ 2813.

Acquisition of existing facilities in lieu of authorized construction

(a)

Acquisition Authority.—

Using funds appropriated for a military construction project authorized by law for a military installation, the Secretary of the military department concerned may acquire an existing facility (including the real property on which the facility is located) at or near the military installation instead of carrying out the authorized military construction project if the Secretary determines that—

(1)

the acquisition of the facility satisfies the requirements of the military department concerned for the authorized military construction project; and

(2)

it is in the best interests of the United States to acquire the facility instead of carrying out the authorized military construction project.

(b)

Modification or Conversion of Acquired Facility.—

(1)

As part of the acquisition of an existing facility under subsection (a), the Secretary of the military department concerned may carry out such modifications, repairs, or conversions of the facility as the Secretary considers to be necessary so that the facility satisfies the requirements for which the military construction project was authorized.

(2)

The costs of anticipated modifications, repairs, or conversions under paragraph (1) are required to remain within the authorized amount of the military construction project. The Secretary concerned shall consider such costs in determining whether the acquisition of an existing facility is—

(A)

more cost effective than carrying out the authorized military construction project; and

(B)

in the best interests of the United States.

(c)

Notice and Wait Requirements.—

A contract may not be entered into for the acquisition of a facility under subsection (a) until the Secretary concerned notifies the appropriate committees of Congress of the determination to acquire an existing facility instead of carrying out the authorized military construction project. The notification shall include the reasons for acquiring the facility. After the notification is transmitted, the Secretary may then enter into the contract only after the end of the 14-day period beginning on the date on which the notification is received by the committees in an electronic medium pursuant to section 480 of this title.

(Added Pub. L. 103–160, div. B, title XXVIII, § 2805(a)(1), Nov. 30, 1993, 107 Stat. 1886; amended Pub. L. 104–106, div. A, title XV, § 1502(a)(25), Feb. 10, 1996, 110 Stat. 506; Pub. L. 108–136, div. A, title X, § 1031(a)(40), Nov. 24, 2003, 117 Stat. 1601; Pub. L. 109–163, div. B, title XXVIII, § 2801(b), Jan. 6, 2006, 119 Stat. 3504; Pub. L. 115–91, div. B, title XXVIII, § 2801(a)(10), Dec. 12, 2017, 131 Stat. 1841.)

cite as: 10 USC 2813