--- kind: "section" citation: "10 U.S.C. § 2813" title: "10" title_heading: "Armed Forces" number: "2813" heading: "Acquisition of existing facilities in lieu of authorized construction" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/2813" units: - "Subtitle A — General Military Law" - "Part IV — Service, Supply, and Property" - "Chapter 169 — Military Construction and Military Family Housing" - "Subchapter I — Military Construction" --- # §2813. Acquisition of existing facilities in lieu of authorized construction - (a) **Acquisition Authority.—** Using funds appropriated for a [military construction](/usc/10/2801.md?p=a) project authorized by law for a [military installation](/usc/10/2801.md?p=c-4), the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned may acquire an existing [facility](/usc/10/2700.md?p=2) (including the real property on which the [facility](/usc/10/2700.md?p=2) is located) at or near the [military installation](/usc/10/2801.md?p=c-4) instead of carrying out the authorized [military construction](/usc/10/2801.md?p=a) project if the [Secretary](/usc/10/4951.md?p=3) determines that— - (1) the acquisition of the [facility](/usc/10/2700.md?p=2) satisfies the requirements of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned for the authorized [military construction](/usc/10/2801.md?p=a) project; and - (2) it is in the best interests of the [United States](/usc/10/101.md?p=a-1) to acquire the [facility](/usc/10/2700.md?p=2) instead of carrying out the authorized [military construction](/usc/10/2801.md?p=a) project. - (b) **Modification or Conversion of Acquired Facility.—** - (1) As part of the acquisition of an existing [facility](/usc/10/2700.md?p=2) under [subsection (a)](#a), the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned may carry out such modifications, repairs, or conversions of the [facility](/usc/10/2700.md?p=2) as the [Secretary](/usc/10/4951.md?p=3) considers to be necessary so that the [facility](/usc/10/2700.md?p=2) satisfies the requirements for which the [military construction](/usc/10/2801.md?p=a) project was authorized. - (2) The costs of anticipated modifications, repairs, or conversions under [paragraph (1)](#b-1) are required to remain within the authorized amount of the [military construction](/usc/10/2801.md?p=a) project. The [Secretary concerned](/usc/10/2801.md?p=c-5) shall consider such costs in determining whether the acquisition of an existing [facility](/usc/10/2700.md?p=2) is— - (A) more cost effective than carrying out the authorized [military construction](/usc/10/2801.md?p=a) project; and - (B) in the best interests of the [United States](/usc/10/101.md?p=a-1). - (c) **Notice and Wait Requirements.—** A contract may not be entered into for the acquisition of a [facility](/usc/10/2700.md?p=2) under [subsection (a)](#a) until the [Secretary concerned](/usc/10/2801.md?p=c-5) notifies the [appropriate committees of Congress](/usc/10/301.md?p=1) of the determination to acquire an existing [facility](/usc/10/2700.md?p=2) instead of carrying out the authorized [military construction](/usc/10/2801.md?p=a) project. The notification shall include the reasons for acquiring the [facility](/usc/10/2700.md?p=2). After the notification is transmitted, the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/480.md). ## Source credit (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 ### 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].”