§2813 — Title 10 Armed Forces | U.S. Code

Summary

A military department’s Secretary may use money that was set aside for an authorized military construction project at a base to buy an already-existing facility (including the land) at or near that base instead of building the new project. The Secretary must decide the bought facility meets the project’s needs and that buying it is in the best interests of the United States. The Secretary may make any changes or repairs needed so the facility works for the project. Those change and repair costs must stay within the project’s authorized budget and must be counted when deciding if buying is cheaper and better. The Secretary must tell the relevant congressional committees why they plan to buy the facility and then wait 14 days after the committees get that electronic notice before signing any contract.

Title 10, §2813

Armed Forces — Source: USLM XML via OLRC

(a)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)(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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Subsec. (c). Pub. L. 115–91 substituted “notifies the appropriate committees of Congress” for “transmits to the appropriate committees of Congress a written notification” and “14-day period” for “21-day period” and struck out “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided” after “received by the committees”. 2006—Subsec. (c). Pub. L. 109–163 substituted “21-day period” for “30-day period” and “14-day period” for “21-day period”. 2003—Subsec. (c). Pub. L. 108–136 struck out “the end of the 30-day period beginning on the date” after “until” and inserted last sentence. 1996—Subsec. (c). Pub. L. 104–106 substituted “appropriate committees of Congress” for “Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 103–160, div. B, title XXVIII, § 2805(b), Nov. 30, 1993, 107 Stat. 1887, provided that: “Section 2813 of title 10, United States Code, as added by subsection (a), shall apply with respect to military

Construction

projects authorized on or after the date of the enactment of this Act [Nov. 30, 1993].”

§2813 Acquisition of Existing Facilities in Lieu of Authorized Construction