107 STAT. 1886 PUBLIC LAW 103-160—NOV. 30, 1993 (A) by striking out The Secretary shall provide that two-thirds" and inserting in lieu thereof "Two-thirds"; and (B) by striking out "for any fiscal ye£ur beginning after fiscal year 1990"; and (2) in paragraph (2), by striking out "(2) The amount" and all that follows through "the Secretary of Defense." and inserting in lieu thereof the following: "(2) The Secretary shall provide that the amount that remains available for obligation under paragraph (1) and section 2866(b) of this title, and the funds made available under section 2483(b)(2) of this title, shall be tised as follows: "(A) One-half of the amount shall be used for the implementation of additional energy conservation measures and for water conservation activities at such buildings, facilities, or installations of the Department of Defense as may be designated (in accordance with regulations prescribed by the Secretary of Defense) by the head of the department, agency, or instrumentality that realized the savings referred to in paragraph (1) or in section 2866(b) of this title.. (c) COVERED UTILITIES.— Subsection (d)(1) of such section is amended by adding before the period the following: "or by any utility for water conservation activities". SEC. 2805. AUTHORITY TO ACQUIRE EXISTING FACILITIES IN LIEU OF CARRYING OUT CONSTRUCTION AUTHORIZED BY LAW. (a) ACQUISITION AUTHORITY. —(1) Subchapter I of chapter 169 of title 10, United States Code, is amended by adding at the end the following:
- § 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 reqmrements 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 ofan existing facility is—
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