
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC18233]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                PART V--SERVICE, SUPPLY, AND PROCUREMENT
 
             CHAPTER 1803--FACILITIES FOR RESERVE COMPONENTS
 
Sec. 18233. Acquisition

    (a) Subject to sections 18233a, 18234, 18235, 18236, and 18238 of 
this title and to subsection (c), the Secretary of Defense may--
        (1) acquire by purchase, lease, or transfer, and construct, 
    expand, rehabilitate, or convert and equip, such facilities as he 
    determines to be necessary to carry out the purposes of this 
    chapter;
        (2) contribute to any State such amounts as he determines to be 
    necessary to expand, rehabilitate, or convert facilities owned by it 
    or by the United States for use jointly by units of two or more 
    reserve components of the armed forces or to acquire or construct 
    facilities for such use;
        (3) contribute to any State such amounts as he determines to be 
    necessary to expand, rehabilitate, or convert facilities owned by it 
    (or to acquire, construct, expand, rehabilitate, or convert 
    additional facilities) made necessary by the conversion, 
    redesignation, or reorganization of units of the Army National Guard 
    of the United States or the Air National Guard of the United States 
    authorized by the Secretary of the military department concerned;
        (4) contribute to any State such amounts for the acquisition, 
    construction, expansion, rehabilitation, or conversion by it of 
    additional facilities as he determines to be required by any 
    increase in the strength of the Army National Guard of the United 
    States or the Air National Guard of the United States;
        (5) contribute to any State amounts for the acquisition, 
    construction, expansion, rehabilitation, and conversion by such 
    State of such additional facilities as the Secretary determines to 
    be required because of the failure of existing facilities to meet 
    the purposes of this chapter; and
        (6) contribute to any State such amounts for the construction, 
    alteration, or rehabilitation of critical portions of facilities as 
    the Secretary determines to be required to meet a change in 
    Department of Defense construction criteria or standards related to 
    the execution of the Federal military mission assigned to the unit 
    using the facility.

    (b) Title to property acquired by the United States under subsection 
(a)(1) vests in the United States. Such property may be transferred to 
any State incident to the expansion, rehabilitation, or conversion of 
such property under subsection (a)(2) so long as the transfer of such 
property does not result in the creation of an enclave owned by a State 
within a Federal installation.
    (c) The Secretary of Defense may delegate any of his authority or 
functions under this chapter to any department, agency, or officer of 
the Department of Defense.
    (d) The expenses of leasing property under subsection (a)(1) may be 
paid from appropriations available for the payment of rent.
    (e) The Secretary of Defense may procure, or contribute to any State 
such amounts as the Secretary determines to be necessary to procure, 
architectural and engineering services and construction design in 
connection with facilities to be established or developed under this 
chapter which are not otherwise authorized by law.
    (f)(1) Authority provided by law to construct, expand, rehabilitate, 
convert, or equip any facility under this section includes authority to 
expend funds for surveys, administration, overhead, planning, design, 
and supervision incident to any such activity.
    (2) Authority to acquire real property under this section includes 
authority to make surveys and to acquire interests in land (including 
temporary interests) by purchase, gift, exchange of Government-owned 
land, or otherwise.

(Aug. 10, 1956, ch. 1041, 70A Stat. 121, Sec. 2233; Pub. L. 85-685, 
title VI, Sec. 601(1), (2), Aug. 20, 1958, 72 Stat. 664; Pub. L. 85-861, 
Sec. 1(37)-(39), Sept. 2, 1958, 72 Stat. 1456; Pub. L. 96-125, title 
VII, Sec. 703, Nov. 26, 1979, 93 Stat. 947; Pub. L. 97-99, title VIII, 
Secs. 803, 804, Dec. 23, 1981, 95 Stat. 1380, 1381; Pub. L. 97-214, 
Secs. 3(a), (d)(2), (e)(1), 10(a)(2), July 12, 1982, 96 Stat. 169, 170, 
175; Pub. L. 98-407, title VII, Sec. 703(a), Aug. 28, 1984, 98 Stat. 
1517; Pub. L. 98-525, title XIV, Sec. 1405(34), Oct. 19, 1984, 98 Stat. 
2624; Pub. L. 99-167, title VII, Sec. 702(a), Dec. 3, 1985, 99 Stat. 
985; Pub. L. 102-190, div. B, title XXVIII, Sec. 2801, Dec. 5, 1991, 105 
Stat. 1537; renumbered Sec. 18233 and amended Pub. L. 103-337, div. A, 
title XVI, Sec. 1664(b)(2), (4), Oct. 5, 1994, 108 Stat. 3010; Pub. L. 
106-65, div. B, title XXVIII, Sec. 2805, Oct. 5, 1999, 113 Stat. 850.)

                                          Historical and Revision Notes
                                                    1956 Act
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
2233(a)...............................  50:882.                              Se
pt. 11, 1950, ch. 945, Secs.  3,
2233(b)...............................  50:883(c) (1st sentence).             4
(c) (1st sentence), 5, 64 Stat.
2233(c)...............................  50:884.                               8
30, 831.
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---------------------------------

    In subsection (a), the 16th through the 31st words are omitted as 
executed on July 1, 1955, the end of the 5-year period.
    In subsection (a)(2), the words ``to the extent required'' are 
omitted as covered by the word ``necessary''. The words ``use jointly by 
units of two or more of the reserve components of the armed forces'' are 
substituted for the words ``joint utilization of such facilities'' to 
reflect 50:886(d).
    In subsections (a)(2) and (3), the words ``Territory, Puerto Rico, 
or the District of Columbia'' are inserted to reflect 50:886(b).
    In subsection (a)(3), the words ``to be required'' are substituted 
for the words ``to have been made essential''.
    In subsection (b), the words ``real or personal'' are omitted as 
surplusage.
    In subsection (c), the words ``all or * * * part'', ``conferred'', 
``imposed'', ``without relieving himself of the responsibility 
therefor'', ``or officers'', and ``as he may designate from time to 
time'' are omitted as surplusage.

                                                    1958 Act
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2233(a)...............................  50:882 (less 16th through 36th       Au
g. 9, 1955, ch. 662, Sec.  1(b),
                                         words and (a)).                      (
d), 69 Stat. 593.
2233(b)...............................  50:883(c) (2d sentence).
2233(d)...............................  50:882(a) (less last 12 words).      Au
g. 3, 1956, ch. 939, Sec.  414
                                                                              (
less last 12 words), 70 Stat.
                                                                              1
018.
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---------------------------------

    In subsections (a)(2), (3), and (4), the words ``Territory, Puerto 
Rico, or the District of Columbia'' are inserted to reflect 50:886(c).
    In subsection (d), 50:882(a) (1st 28 words) is omitted as covered by 
section 2233(a)(1) of this title.

                          Codification

    Subsequent to enactment of this section, act Sept. 11, 1950 (cited 
in the Historical and Revision Notes above) was amended by acts Aug. 9, 
1955, ch. 662, 69 Stat. 593; Aug. 3, 1956, ch. 939, title IV, Sec. 414, 
70 Stat. 1018; Aug. 29, 1957, Pub. L. 85-215, Sec. 2, 71 Stat. 490. The 
amendments were later repealed and reenacted in sections 2233 and 2236 
to 2238 [now 18233 and 18236 to 18238] of this title by Pub. L. 85-685, 
title VI, Sec. 602, Aug. 20, 1958, 72 Stat. 665, and Pub. L. 85-861, 
Secs. 1(37)-(39), 16, 36, Sept. 2, 1958, 72 Stat. 1456, 1558, 1568.


                               Amendments

    1999--Subsec. (f)(1). Pub. L. 106-65 inserted ``design,'' after 
``planning,''.
    1994--Pub. L. 103-337, Sec. 1664(b)(2), renumbered section 2233 of 
this title as this section.
    Subsec. (a). Pub. L. 103-337, Sec. 1664(b)(4), substituted ``18233a, 
18234, 18235, 18236, and 18238'' for ``2233a, 2234, 2235, 2236, and 
2238''.
    1991--Subsec. (a)(2). Pub. L. 102-190 inserted before semicolon ``or 
to acquire or construct facilities for such use''.
    1985--Subsec. (e). Pub. L. 99-167 amended subsec. (e) generally, 
inserting ``, or contribute to any State such amounts as the Secretary 
determines to be necessary to procure,''.
    1984--Subsec. (a). Pub. L. 98-525, Sec. 1405(34)(A), substituted 
``to subsection (c)'' for ``subsection (c) of this section''.
    Subsec. (a)(6). Pub. L. 98-407 substituted ``critical portions of 
facilities'' for ``arms storage rooms'' and ``construction criteria or 
standards related to the execution of the Federal military mission 
assigned to the unit using the facility'' for ``standards related to the 
safekeeping of arms''.
    Subsec. (b). Pub. L. 98-525, Sec. 1405(34)(B), struck out ``or 
Territory, Puerto Rico, or the District of Columbia'' after ``State'' in 
two places. See section 18232(1) of this title.
    1982--Subsec. (a)(2) to (4). Pub. L. 97-214, Sec. 3(d)(2), struck 
out ``or Territory, Puerto Rico, or the District of Columbia'' after 
``contribute to any State''.
    Subsec. (a)(5). Pub. L. 97-214, Sec. 3(e)(1), substituted 
``contribute to any State amounts for the acquisition, construction, 
expansion, rehabilitation, and conversion by such State of such 
additional facilities as the Secretary determines to be required because 
of the failure of existing facilities to meet the purposes of this 
chapter'' for ``contribute to any State or Territory, Puerto Rico, or 
the District of Columbia, such amounts for the acquisition, 
construction, expansion, rehabilitation, or conversion by the failure of 
existing facilities to meet the purposes of this chapter'' and ``A 
contribution made for an armory may not be more than 75 percent of the 
cost of construction of which it is applied''.
    Subsec. (a)(6). Pub. L. 97-214, Sec. 3(d)(2), struck out ``or 
Territory, Puerto Rico, or the District of Columbia'' after ``contribute 
to any State''.
    Subsec. (e). Pub. L. 97-214, Sec. 10(a)(2), substituted 
``architectural and engineering services and construction design'' for 
``advance planning, construction design, and architectural services''.
    Subsec. (f). Pub. L. 97-214, Sec. 3(a), expanded subsec. (f) into 
pars. (1) and (2), and substituted provision that legal authority to 
construct, expand, rehabilitate, etc., any facility under this section, 
also includes the authority to expend funds for surveys, administration, 
overhead, planning, and supervision incident to any such activity and 
provisions that authority to acquire real property under this section 
includes authority to make surveys and to acquire interests in land 
(including temporary interests) by purchase, gift, exchange of 
Government-owned land, or otherwise, for provisions that facilities 
authorized by subsec. (a) could not be considered ``military public 
works'' under the military construction authorization acts that repeal 
prior authorizations for military public works.
    1981--Subsec. (a)(2). Pub. L. 97-99, Sec. 803(1), inserted ``or by 
the United States'' after ``or convert facilities owned by it''.
    Subsec. (a)(6). Pub. L. 97-99, Sec. 804, added par. (6).
    Subsec. (b). Pub. L. 97-99, Sec. 803(2), inserted provisions that 
such property may be transferred to any State or Territory, Puerto Rico, 
or the District of Columbia incident to the expansion, rehabilitation, 
or conversion of such property under subsec. (a)(2) so long as the 
transfer of such property does not result in the creation of an enclave 
owned by a State or Territory, Puerto Rico, or the District of Columbia 
within a Federal installation.
    1979--Subsec. (a)(5). Pub. L. 96-125 added par. (5).
    1958--Subsec. (a). Pub. L. 85-861, Sec. 1(37), substituted ``two or 
more reserve components'' for ``two or more of the reserve components'' 
in cl. (2), added cl. (3), and redesignated former cl. (3) as (4).
    Pub. L. 85-685, Sec. 601(1), inserted reference to section 2233a of 
this title in opening provisions, and struck out provisions which 
required the Secretary of Defense to consult with the Committees on 
Armed Services of the Senate and House of Representatives.
    Subsec. (b). Pub. L. 85-861, Sec. 1(38), inserted ``by the United 
States'' after ``property acquired''.
    Subsec. (d). Pub. L. 85-861, Sec. 1(39), added subsec. (d).
    Subsecs. (e), (f). Pub. L. 85-685, Sec. 601(2), added subsecs. (e) 
and (f).


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of this title.


                    Effective Date of 1984 Amendment

    Section 703(b) of Pub. L. 98-407 provided that: ``The amendments 
made by subsection (a) [amending this section] shall take effect on 
October 1, 1984.''


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-214 effective Oct. 1, 1982, and applicable 
to military construction projects, and to construction and acquisition 
of military family housing authorized before, on, or after such date, 
see section 12(a) of Pub. L. 97-214, set out as an Effective Date note 
under section 2801 of this title.


                 Obligation of Funds Before July 1, 1958

    Section 16 of Pub. L. 85-861, Sept. 2, 1958, 72 Stat. 1558, provided 
that not more than $580,000,000 could be obligated for the purposes of 
this section before July 1, 1958, but with such limitation not 
applicable to the expenses for the leasing of property under subsec. 
(a)(1) of this section.

                  Section Referred to in Other Sections

    This section is referred to in sections 18233a, 18234, 18235, 18236, 
18237, 18239 of this title.
