republic-os/legal/us/code/title-10/chapter-169/section-2813.md

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LegalText	10 U.S.C. § 2813	Acquisition of existing facilities in lieu of authorized construction	us	united_states_code	code_section	10	ARMED FORCES	169	MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING	2813	10 U.S.C. § 2813	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip	/us/usc/t10/s2813	data/legal/raw/us/code/title-10/usc10.xml	af19e7463b901602932ed339f991f626e8495d723efc2c433b3a248a3786cc25	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	afb04dd14832b32375035c67a29f4eabd9590c609133f58eef4e077a5cc6326d	2026-07-04	official	legal us-code

10 U.S.C. § 2813 - Acquisition of existing facilities in lieu of authorized construction

Text

(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.)

Notes

Editorial Notes

Amendments2017—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 DatePub. 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].”