
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2813]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
                   SUBCHAPTER I--MILITARY CONSTRUCTION
 
Sec. 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 
end of the 30-day period beginning on the date the Secretary concerned 
transmits to the appropriate committees of Congress a written 
notification 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.

(Added Pub. L. 103-160, div. B, title XXVIII, Sec. 2805(a)(1), Nov. 30, 
1993, 107 Stat. 1886; amended Pub. L. 104-106, div. A, title XV, 
Sec. 1502(a)(25), Feb. 10, 1996, 110 Stat. 506.)


                               Amendments

    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''.


                             Effective Date

    Section 2805(b) of Pub. L. 103-160 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].''
