10 U.S.C. § 18240 — Acquisition of facilities by exchange

(a) Exchange Authority. Besides the normal way of getting facilities under section 18233, the Secretary of Defense may let a military department's Secretary get a facility^*, or an addition to one, that a reserve component needs, by trading an existing facility it controls. The trade partner can be another federal agency, the Postal Service, a State^*, a local government or authority, or a private entity. The deal can also include getting utilities, equipment, and furnishings for the new facility.

(b) Facilities Eligible for Exchange. Only a reserve-component facility that is not "excess property," as that term is defined in section 102(3) of title 40, may be used in this kind of trade.

(c) Equal Value Exchange. The new facility (or addition) the United States gets, counting its utilities, equipment, and furnishings, must be worth at least as much as the fair market value of the facility the United States gives up. If the values don't match exactly, neither side may pay^* cash to make up the difference.

(d) Requirements for Replacement Facilities. The military department's Secretary can't accept the new facility until deciding it meets three tests. First, it must be finished, usable, fully working, and ready to move into. Second, it must meet every operational need. Third, it must follow all federal, State, and local rules on health, safety, fire, and the environment.

(e) Consultation Requirements. Before trading away an existing facility, the Secretary must talk with representatives of the other reserve components. Together they check two things. First, whether it would be better to give the facility to another reserve component instead of trading it away. Second, whether the trade could instead be used to get a facility, or an addition, that more than one reserve component or unit could share.

(f) Advance Notice of Proposed Exchange. Before the exchange happens, Congress must get advance notice. First, once the department decides to make a trade, its Secretary must send a report to the House and Senate Armed Services Committees. The report must describe the deal's terms and parties, where the idea came from, how the facility being given away will be used, and any cost to the United States. It must describe the facility being given away, including its condition and fair market value, and how that value was figured out. It must describe the new facility or addition being received and how it will be used, with the same level of detail Congress normally gets for military construction projects. It must certify that the Secretary consulted with other reserve components as subsection (e) requires. And it must certify that the trade is in the best interests of the United States and that competition was used as much as possible. Second, the trade can only happen after 21 days have passed since Congress received that report electronically. Third, section 2662 of this title does not apply to a trade made under this section.

(g) Relation to Other Military Construction Requirements. A facility or addition acquired this way is not treated as a military construction project. That means it doesn't need the authorization that section 2802 normally requires for military construction.