-CITE-

10 USC CHAPTER 1803 - FACILITIES FOR RESERVE COMPONENTS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART V - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 1803 - FACILITIES FOR RESERVE COMPONENTS

.

-HEAD-

CHAPTER 1803 - FACILITIES FOR RESERVE COMPONENTS

-MISC1-

Sec.

18231. Purpose.

18232. Definitions.

18233. Acquisition.

18233a. Limitation on certain projects; authority to carry out

small projects with operation and maintenance funds.

18234. Location and use.

18235. Administration; other use permitted by Secretary.

18236. Contributions to States; other use permitted by States.

18237. Supervision of construction: compliance with State law.

18238. Army National Guard of United States; Air National Guard of

United States: limitation on relocation of units.

18239. Waiver of certain restrictions.

AMENDMENTS

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1664(b)(1), (3),

Oct. 5, 1994, 108 Stat. 3010, renumbered chapter 133 as this

chapter and renumbered items 2231 to 2239 as items 18231 to 18239,

respectively.

1982 - Pub. L. 97-214, Sec. 3(b)(2), (c)(2), July 12, 1982, 96

Stat. 169, 170, substituted ''Limitation on certain projects;

authority to carry out small projects with operation and

maintenance funds'' for ''Limitation'' in item 2233a, and added

item 2239.

1958 - Pub. L. 85-861, Sec. 1(42), Sept. 2, 1958, 72 Stat. 1457,

inserted '': compliance with State law'' in item 2237.

Pub. L. 85-685, title VI, Sec. 601(4), Aug. 20, 1958, 72 Stat.

665, added item 2233a.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 114, 2231 of this title.

-CITE-

10 USC Sec. 18231 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART V - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 1803 - FACILITIES FOR RESERVE COMPONENTS

-HEAD-

Sec. 18231. Purpose

-STATUTE-

The purpose of this chapter is to provide for -

(1) the acquisition, by purchase, lease, transfer,

construction, expansion, rehabilitation, or conversion of

facilities necessary for the proper development, training,

operation, and maintenance of the reserve components of the armed

forces, including troop housing and messing facilities;

(2) the joint use of those facilities by units of two or more

of those reserve components, to the greatest practicable extent

for efficiency and economy;

(3) the use of those facilities, in time of war or national

emergency, by those units and other units of the armed forces, to

the greatest practicable extent for efficiency and economy; and

(4) any other use of those facilities by the United States, in

time of war or national emergency, to the greatest practicable

extent for efficiency and economy.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 120, Sec. 2231; Pub. L. 85-215,

Sec. 1, Aug. 29, 1957, 71 Stat. 489; renumbered Sec. 18231, Pub. L.

103-337, div. A, title XVI, Sec. 1664(b)(2), Oct. 5, 1994, 108

Stat. 3010.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2231 50:881. Sept. 11, 1950, ch.

945, Sec. 2, 64

Stat. 829.

-------------------------------

In clause (1), the words ''units of'' are omitted as surplusage.

In clause (4), the words ''United States'' are substituted for

the words ''Federal Government''.

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 2231 of this title as

this section.

1957 - Par. (1). Pub. L. 85-215 included troop housing and

messing facilities.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2231 of this title.

-CITE-

10 USC Sec. 18232 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART V - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 1803 - FACILITIES FOR RESERVE COMPONENTS

-HEAD-

Sec. 18232. Definitions

-STATUTE-

In this chapter:

(1) The term ''State'' means any of the States of the United

States, the District of Columbia, the Commonwealth of Puerto

Rico, and each territory and possession of the United States and

includes political subdivisions and military units thereof and

tax-supported agencies therein.

(2) The term ''facility'' includes any (A) interest in land,

(B) armory, readiness center, or other structure, and (C) storage

or other facility normally needed for the administration and

training of any unit of the reserve components of the armed

forces.

(3) The terms ''armory'' and ''readiness center'' mean a

structure that houses one or more units of a reserve component

and is used for training and administering those units. Such

terms include a structure that is appurtenant to such a structure

and houses equipment used for that training and administration.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 121, Sec. 2232; Pub. L. 85-861,

Sec. 1(36), Sept. 2, 1958, 72 Stat. 1456; Pub. L. 97-214, Sec.

3(d)(1), July 12, 1982, 96 Stat. 170; Pub. L. 100-26, Sec. 7(k)(2),

Apr. 21, 1987, 101 Stat. 284; renumbered Sec. 18232, Pub. L.

103-337, div. A, title XVI, Sec. 1664(b)(2), Oct. 5, 1994, 108

Stat. 3010; Pub. L. 106-398, Sec. 1 (div. B, title XXVIII, Sec.

2807(a), (b)(1)), Oct. 30, 2000, 114 Stat. 1654, 1654A-415.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2232 50:886. Sept. 11, 1950, ch.

945, Sec. 7, 64

Stat. 831.

-------------------------------

Clause (1) is substituted for 50:886(b). The words ''(2) Puerto

Rico; and (3) the District of Columbia'' are omitted, since they

are specifically included, where applicable, in the revised

chapter. The words ''together with any improvement thereto'' and

''of the United States'' are omitted as surplusage. 50:886(c) is

omitted, since the reserve components of the armed forces are named

in section 261 of this title. 50:886(d) is omitted, since its

subject matter is covered by other relevant sections of the revised

chapter.

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2232 50:886. Aug. 9, 1955, ch.

662, Sec. 1(g),

(h), 69 Stat. 594.

-------------------------------

The last sentence of 50:886(b) is omitted as surplusage.

AMENDMENTS

2000 - Par. (2)(B). Pub. L. 106-398, Sec. 1 (div. B, title

XXVIII, Sec. 2807(b)(1)), substituted ''armory, readiness center,

or other structure'' for ''armory or other structure''.

Par. (3). Pub. L. 106-398, Sec. 1 (div. B, title XXVIII, Sec.

2807(a)), substituted ''The terms 'armory' and 'readiness center'

mean'' for ''The term 'armory' means'' and ''Such terms include''

for ''It includes''.

1994 - Pub. L. 103-337 renumbered section 2232 of this title as

this section.

1987 - Pub. L. 100-26 inserted ''The term'' after each par.

designation and struck out uppercase letter of first word after

first quotation marks in pars. (2) and (3) and substituted

lowercase letter.

1982 - Cl. (1). Pub. L. 97-214 substituted provision defining

''State'' as any State of the United States, the District of

Columbia, Puerto Rico, and each territory and possession of the

United States including political subdivisions and military units

thereof and tax-supported agencies therein for provision defining

''State'' and ''Territory'' as including political subdivisions and

military units thereof and tax-supported agencies therein.

1958 - Cl. (3). Pub. L. 85-861 added cl. (3).

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.

-CITE-

10 USC Sec. 18233 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART V - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 1803 - FACILITIES FOR RESERVE COMPONENTS

-HEAD-

Sec. 18233. Acquisition

-STATUTE-

(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.

-SOURCE-

(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, Sec. 803, 804, Dec. 23, 1981, 95 Stat. 1380,

1381; Pub. L. 97-214, Sec. 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.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2233(a) 2233(b) 50:882. 50:883(c) Sept. 11, 1950, ch.

2233(c) (1st sentence). 945, Sec. 3, 4(c)

50:884. (1st sentence), 5,

64 Stat. 830, 831.

-------------------------------

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

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2233(a) 50:882 (less 16th Aug. 9, 1955, ch.

through 36th words 662, Sec. 1(b),

and (a)). (d), 69 Stat. 593.

2233(b) 50:883(c) (2d

sentence).

2233(d) 50:882(a) (less last Aug. 3, 1956, ch.

12 words). 939, Sec. 414 (less

last 12 words), 70

Stat. 1018.

-------------------------------

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.

-COD-

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, Sec. 1(37)-(39), 16,

36, Sept. 2, 1958, 72 Stat. 1456, 1558, 1568.

-MISC3-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 18233a, 18234, 18235,

18236, 18237, 18239 of this title.

-CITE-

10 USC Sec. 18233a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART V - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 1803 - FACILITIES FOR RESERVE COMPONENTS

-HEAD-

Sec. 18233a. Limitation on certain projects; authority to carry out

small projects with operation and maintenance funds

-STATUTE-

(a)(1) Except as provided in paragraph (2), an expenditure or

contribution in an amount in excess of $1,500,000 may not be made

under section 18233 of this title for any facility until the

Secretary of Defense has notified the Committee on Armed Services

and the Committee on Appropriations of the Senate and the Committee

on Armed Services and the Committee on Appropriations of the House

of Representatives of the location, nature, and estimated cost of

the facility and a period of 21 days has passed after receipt of

such notification.

(2) Paragraph (1) does not apply to expenditures or contributions

for the following:

(A) Facilities acquired by lease.

(B) A project for a facility that has been authorized by

Congress, if the location and purpose of the facility are the

same as when authorized and if, based upon bids received -

(i) the scope of work of the project, as approved by

Congress, is not proposed to be reduced by more than 25

percent; and

(ii) the current working estimate of the cost of the project

does not exceed the amount approved for the project by more

than (I) 25 percent, or (II) 200 percent of the amount

specified by section 2805(a)(2) of this title as the maximum

amount for a minor military construction project, whichever is

lesser.

(C) An unspecified minor military construction project (as

defined in section 2805(a) of this title) that is intended solely

to correct a deficiency that is life-threatening,

health-threatening, or safety-threatening.

(b) Under such regulations as the Secretary of Defense may

prescribe, the Secretary may spend, from appropriations available

for operation and maintenance, amounts necessary to carry out any

project authorized under section 18233(a) of this title costing not

more than -

(1) the amount specified in section 2805(c)(1)(A) of this

title, in the case of a project intended solely to correct a

deficiency that is life-threatening, health-threatening, or

safety-threatening; or

(2) the amount specified in section 2805(c)(1)(B) of this

title, in the case of any other project.

-SOURCE-

(Added Pub. L. 85-685, title VI, Sec. 601(3), Aug. 20, 1958, 72

Stat. 665, Sec. 2233a; amended Pub. L. 87-554, title VII, Sec. 701,

July 27, 1962, 76 Stat. 243; Pub. L. 93-552, title VII, Sec. 703,

Dec. 27, 1974, 88 Stat. 1770; Pub. L. 94-107, title VII, Sec. 703,

Oct. 7, 1975, 89 Stat. 569; Pub. L. 96-125, title VII, Sec. 704,

Nov. 26, 1979, 93 Stat. 947; Pub. L. 97-214, Sec. 3(c)(1), July 12,

1982, 96 Stat. 169; Pub. L. 98-115, title VII, Sec. 702, Oct. 11,

1983, 97 Stat. 782; Pub. L. 98-407, title VII, Sec. 702, Aug. 28,

1984, 98 Stat. 1517; Pub. L. 100-26, Sec. 7(f)(1), Apr. 21, 1987,

101 Stat. 281; Pub. L. 100-180, div. B, subdiv. 3, title I, Sec.

2304(a), Dec. 4, 1987, 101 Stat. 1215; Pub. L. 102-190, div. B,

title XXVIII, Sec. 2804, Dec. 5, 1991, 105 Stat. 1537; renumbered

Sec. 18233a and amended Pub. L. 103-337, div. A, title XVI, Sec.

1664(b)(2), (5), Oct. 5, 1994, 108 Stat. 3010; Pub. L. 104-106,

div. A, title XV, Sec. 1502(a)(10), Feb. 10, 1996, 110 Stat. 503;

Pub. L. 104-201, div. B, title XXVIII, Sec. 2801(b), (c), Sept.

23, 1996, 110 Stat. 2787; Pub. L. 106-65, div. A, title X, Sec.

1067(1), div. B, title XXVIII, Sec. 2806, Oct. 5, 1999, 113 Stat.

774, 850; Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1087(a)(22)), Oct. 30, 2000, 114 Stat. 1654, 1654A-291.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(1). Pub. L. 106-398, Sec. 1 ((div. A), title

X, Sec. 1087(a)(22)(A)), substituted ''section 2805(c)(1)(A)'' for

''section 2805(c)(1)''.

Subsec. (b)(2). Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1087(a)(22)(B)), substituted ''section 2805(c)(1)(B)'' for

''section 2805(c)(2)''.

1999 - Subsec. (a)(1). Pub. L. 106-65, Sec. 1067(1), substituted

''and the Committee on Armed Services'' for ''and the Committee on

National Security''.

Subsec. (a)(2)(C). Pub. L. 106-65, Sec. 2806(a), added subpar.

(C).

Subsec. (b). Pub. L. 106-65, Sec. 2806(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows:

''Under such regulations as the Secretary of Defense may prescribe,

a project authorized under section 18233(a) of this title that

costs $500,000 or less may be carried out with funds available for

operations and maintenance.''

1996 - Subsec. (a)(1). Pub. L. 104-201, Sec. 2801(c), substituted

''$1,500,000'' for ''$400,000''.

Pub. L. 104-106 substituted ''the Committee on Armed Services and

the Committee on Appropriations of the Senate and the Committee on

National Security and the Committee on Appropriations of the'' for

''the Committees on Armed Services and on Appropriations of the

Senate and''.

Subsec. (b). Pub. L. 104-201, Sec. 2801(b), substituted

''$500,000'' for ''$300,000''.

1994 - Pub. L. 103-337, Sec. 1664(b)(2), renumbered section 2233a

of this title as this section.

Subsec. (a)(1). Pub. L. 103-337, Sec. 1664(b)(5)(A), substituted

''18233'' for ''2233''.

Subsec. (b). Pub. L. 103-337, Sec. 1664(b)(5)(B), substituted

''18233(a)'' for ''2233(a)''.

1991 - Subsec. (b). Pub. L. 102-190 substituted ''$300,000'' for

''$200,000''.

1987 - Subsec. (a)(2)(B)(ii)(II). Pub. L. 100-26 substituted

''specified by section 2805(a)(2) of this title'' for ''specified

by law''.

Subsec. (b). Pub. L. 100-180 substituted ''$200,000'' for

''$100,000''.

1984 - Subsec. (b). Pub. L. 98-407 substituted ''$100,000'' for

''$50,000''.

1983 - Subsec. (a)(1). Pub. L. 98-115 substituted ''$400,000''

for ''$200,000''.

1982 - Pub. L. 97-214 substituted ''Limitation on certain

projects; authority to carry out small projects with operation and

maintenance funds'' for ''Limitation'' as section catchline and

completely revised text. Before such revision section had provided

that no expenditure or contribution of more than $175,000 could be

made under section 2233 of this title for any facility until after

the expiration of thirty days from the date upon which the

Secretary of Defense or his designee notified the Senate and the

House of Representatives of the location, nature, and estimated

cost of such facility, but that such requirement did not apply to

facilities acquired by lease, facilities acquired, constructed,

expanded, rehabilitated, converted, or equipped to restore or

replace facilities damaged or destroyed, where the Senate and the

House of Representatives had been notified of that action, and

that, under such regulations as the Secretary of Defense might

prescribe, any project authorized pursuant to section 2233(a) which

did not cost more than $50,000 could be accomplished from

appropriations available for maintenance and operations.

1979 - Par. (1). Pub. L. 96-125 substituted ''$175,000'' for

''$100,000''.

1975 - Par. (2). Pub. L. 94-107 substituted ''$50,000'' for

''$25,000''.

1974 - Par. (1). Pub. L. 93-552 substituted ''$100,000'' for

''$850,000''.

1962 - Pub. L. 87-554 designated existing provisions as par. (1),

substituted ''until after the expiration of thirty days from the

date upon which the Secretary of Defense or his designee notifies

the Senate and the House of Representatives of the location,

nature, and estimated cost of such facility'' for ''that has not

been authorized by a law authorizing appropriations for specific

facilities for reserve forces'', and added par. (2).

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 1987 AMENDMENT

Section 2304(b) of Pub. L. 100-180 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply to

projects authorized under section 2233(a) (now 18233(a)) of title

10, United States Code, for which contracts are entered into on or

after the date of the enactment of this Act (Dec. 4, 1987).''

EFFECTIVE DATE OF 1984 AMENDMENT

Section 702 of Pub. L. 98-407 provided that the amendment made by

that section is effective Oct. 1, 1984.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 702 of Pub. L. 98-115 provided that the amendment made by

that section is effective Oct. 1, 1983.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 18233 of this title.

-CITE-

10 USC Sec. 18234 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART V - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 1803 - FACILITIES FOR RESERVE COMPONENTS

-HEAD-

Sec. 18234. Location and use

-STATUTE-

No expenditures or contribution may be made for a facility under

section 18233 of this title, unless the Secretary of Defense

determines that -

(1) the number of units of the reserve components of the armed

forces located or to be located in the area within which the

facility is to be provided is not and will not be larger than the

number that can reasonably be expected to be maintained at

authorized strength, considering the number of persons living in

the area who are qualified for membership in those reserve units;

and

(2) the plan under which the facility is to be provided makes

provision for the greatest practicable use of the facility

jointly by units of two or more of those components.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 121, Sec. 2234; renumbered Sec.

18234 and amended Pub. L. 103-337, div. A, title XVI, Sec.

1664(b)(2), (6), Oct. 5, 1994, 108 Stat. 3010.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2234 50:883(a). Sept. 11, 1950, ch.

945, Sec. 4(a), 64

Stat. 830.

-------------------------------

The word ''community'' is omitted as covered by the word

''area''. The word ''program'' is omitted as covered by the word

''plan''. The words ''use * * * jointly by units of two or more of

those components'' are substituted for the words ''joint

utilization'' to reflect 50:886(d). The words ''is not and will not

be larger than'' are substituted for the words ''does not

exceed''. The word ''considering'' is substituted for the words

''taking into account''.

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 2234 of this title as

this section and substituted ''18233'' for ''2233'' in introductory

provisions.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 18233 of this title.

-CITE-

10 USC Sec. 18235 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART V - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 1803 - FACILITIES FOR RESERVE COMPONENTS

-HEAD-

Sec. 18235. Administration; other use permitted by Secretary

-STATUTE-

(a) The Secretary of Defense, after consulting the Committee on

Armed Services of the Senate and the Committee on Armed Services of

the House of Representatives on matters of policy, may -

(1) administer, operate, maintain, and equip facilities

constructed, expanded, rehabilitated, or converted under section

18233 of this title or otherwise acquired and used for the

purposes of this chapter;

(2) permit persons or organizations other than members and

units of the armed forces to use those facilities under such

leases or other agreements as he considers appropriate; and

(3) cover the payments received under those leases or

agreements into the Treasury to the credit of the appropriation

from which the cost of maintaining the facility, including its

utilities and services, is paid.

(b) The Secretary may not permit any use or disposition to be

made of a facility covered by subsection (a) that would interfere

with its use -

(1) for administering and training the reserve components of

the armed forces; or

(2) in time of war or national emergency, by other units of the

armed forces or by the United States for any other purpose.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 122, Sec. 2235; renumbered Sec.

18235 and amended Pub. L. 103-337, div. A, title XVI, Sec.

1664(b)(2), (7), Oct. 5, 1994, 108 Stat. 3010; Pub. L. 104-106,

div. A, title XV, Sec. 1502(a)(2), Feb. 10, 1996, 110 Stat. 502;

Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113

Stat. 774.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2235(a) 50:883(c) (less 1st Sept. 11, 1950, ch.

sentence, and less 945, Sec. 4(c)

last 70 words of (less 1st

last sentence). sentence), 64 Stat.

830.

2235(b) 50:883(c) (last 70

words of last

sentence).

-------------------------------

In subsection (a), the words ''from time to time'' and ''or

appropriations'' are omitted as surplusage.

In subsection (b), the words ''United States'' are substituted

for the words ''Federal Government''. The words ''units of'' are

omitted as surplusage. The words ''may not'' are substituted for

the words ''shall at no time''.

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security'' in introductory provisions.

1996 - Subsec. (a). Pub. L. 104-106 substituted ''Committee on

Armed Services of the Senate and the Committee on National Security

of the House of Representatives'' for ''Committees on Armed

Services of the Senate and the House of Representatives''.

1994 - Pub. L. 103-337, Sec. 1664(b)(2), renumbered section 2235

of this title as this section.

Subsec. (a)(1). Pub. L. 103-337, Sec. 1664(b)(7), substituted

''18233'' for ''2233(a)(1)''.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 18233 of this title.

-CITE-

10 USC Sec. 18236 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART V - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 1803 - FACILITIES FOR RESERVE COMPONENTS

-HEAD-

Sec. 18236. Contributions to States; other use permitted by States

-STATUTE-

(a) Contributions under section 18233 of this title are subject

to such terms as the Secretary of Defense, after consulting the

Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives, considers necessary

for the purposes of this chapter. Except as otherwise agreed when

the contribution is made, a facility provided by a contribution

under paragraph (3) or (4) of section 18233(a) of this title may be

used jointly by units of two or more reserve components of the

armed forces only to the extent that the State considers

practicable.

(b) A contribution made for an armory or readiness center under

paragraph (4) or (5) of section 18233(a) of this title may not

exceed the sum of -

(1) 100 percent of the cost of architectural, engineering and

design services (including advance architectural, engineering and

design services under section 18233(e) of this title); and

(2) a percentage of the cost of construction (exclusive of the

cost of architectural, engineering and design services)

calculated so that upon completion of construction the total

contribution (including the contribution for architectural,

engineering and design services) equals 75 percent of the total

cost of construction (including the cost of architectural,

engineering and design services).

For the purpose of computing the cost of construction under this

subsection, the amount contributed by a State may not include the

cost or market value of any real property that it has contributed.

(c) If a State acquires, constructs, expands, rehabilitates, or

converts a facility with amounts contributed under section 18233 of

this title, it may -

(1) permit persons or organizations other than members and

units of the armed forces to use the facility under such leases

or other agreements as it considers appropriate; and

(2) apply amounts received under those leases or agreements to

the cost of maintaining the facility.

(d) Except as otherwise agreed when the contribution is made, and

except as the agreement is later changed, a State may not permit

any use or disposition of the facility that would interfere with

its use -

(1) for administering and training the reserve components of

the armed forces; or

(2) in time of war or national emergency, by other units of the

armed forces or by the United States for any other purpose.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 122, Sec. 2236; Pub. L. 85-861,

Sec. 1(40), Sept. 2, 1958, 72 Stat. 1456; Pub. L. 97-214, Sec.

3(d)(2), (3), (e)(2), July 12, 1982, 96 Stat. 170; Pub. L. 99-167,

title VII, Sec. 702(b), Dec. 3, 1985, 99 Stat. 985; Pub. L. 99-661,

div. A, title XIII, Sec. 1343(a)(11), Nov. 14, 1986, 100 Stat.

3993; renumbered Sec. 18236 and amended Pub. L. 103-337, div. A,

title XVI, Sec. 1664(b)(2), (8), Oct. 5, 1994, 108 Stat. 3010; Pub.

L. 104-106, div. A, title XV, Sec. 1501(b)(36), 1502(a)(2), Feb.

10, 1996, 110 Stat. 498, 502; Pub. L. 106-65, div. A, title X,

Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106-398, Sec. 1

(div. B, title XXVIII, Sec. 2807(b)(2)), Oct. 30, 2000, 114 Stat.

1654, 1654A-415.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2236(a) 2236(b) 50:883(d) (1st Sept. 11, 1950, ch.

sentence). 945, Sec. 4(d),

50:883(d) (less 1st (e), 64 Stat. 830.

sentence).

2236(c) 50:883(e) (less last

87 words).

2236(d) 50:883(e) (last 87

words).

-------------------------------

Appropriate references to the Territories, Puerto Rico, and the

District of Columbia are inserted throughout the revised section to

reflect 50:886(b).

In subsection (a), the words ''and conditions'' are omitted as

covered by the word ''terms''. The words ''considers necessary

for'' are substituted for the words ''shall deem necessary to

accomplish''. The words ''used jointly by units of two or more

reserve components of the armed forces'' are substituted for the

words ''joint utilization'', to reflect 50:886(d).

In subsection (b), the words ''the construction to which it is to

be applied'' are substituted for the words ''the additional or

improved facilities to be constructed'', since, under section 2233

of this title, contributions may be made for other purposes as well

as additions and improvements. The words ''may not include'' are

substituted for the words ''shall be exclusive of''.

In subsection (c)(1), the words ''from time to time'' are omitted

as surplusage.

In subsection (c)(2), the words ''defray in whole or in part''

are omitted as surplusage.

In subsection (d), the words ''except as the agreement is later

changed'' are substituted for the words ''by subsequent

modifications of the agreement.'' The words ''units of'' and ''at

no time'' are omitted as surplusage. The words ''United States''

are substituted for the words ''Federal Government''.

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2236(a) 2236(b) 50:883(d) (1st Aug. 9, 1955, ch.

sentence). 662, Sec. 1(e), 69

50:883(d) (less 1st Stat. 593.

sentence).

-------------------------------

In subsection (a), the words ''may be used jointly'' are

substituted for the words ''shall be subject to joint

utilization''. The words ''and conditions'' are omitted as

surplusage.

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-398 inserted ''or readiness

center'' after ''armory'' in introductory provisions.

1999 - Subsec. (a). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

1996 - Subsec. (a). Pub. L. 104-106, Sec. 1502(a)(2), substituted

''Committee on Armed Services of the Senate and the Committee on

National Security of the House of Representatives'' for

''Committees on Armed Services of the Senate and the House of

Representatives''.

Subsec. (b)(1). Pub. L. 104-106, Sec. 1501(b)(36), substituted

''18233(e)'' for ''2233(e)''.

1994 - Pub. L. 103-337, Sec. 1664(b)(2), renumbered section 2236

of this title as this section.

Subsec. (a). Pub. L. 103-337, Sec. 1664(b)(8)(A), substituted

''18233'' for ''2233'' and ''paragraph (3) or (4) of section

18233(a)'' for ''section 2233(a)(3) or (4)''.

Subsec. (b). Pub. L. 103-337, Sec. 1664(b)(8)(B)(i), substituted

''paragraph (4) or (5) of section 18233(a)'' for ''clause (4) or

(5) of section 2233(a)'' in introductory provisions.

Subsec. (b)(2). Pub. L. 103-337, Sec. 1664(b)(8)(B)(ii), which

directed amendment of par. (2) by substituting ''section 18233(e)''

for ''section 2233(e)'', could not be executed because the words

''section 2233(e)'' did not appear in par. (2).

Subsec. (c). Pub. L. 103-337, Sec. 1664(b)(8)(C), substituted

''18233'' for ''2233'' in introductory provisions.

1986 - Subsec. (b). Pub. L. 99-661 struck out '', territory, the

Commonwealth of Puerto Rico, or the District of Columbia, as the

case may be,'' after ''contributed by a State'' in last sentence.

1985 - Subsec. (b). Pub. L. 99-167 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''A

contribution made for an armory under section 2233(a)(4) or (5) of

this title may not be more than 75 percent of the cost of the

construction to which it is applied. For the purpose of computing

the cost of construction under this subsection, the amount

contributed by the State may not include the cost or market value

of any real property that it has contributed.''

1982 - Subsec. (a). Pub. L. 97-214, Sec. 3(d)(3), struck out ''or

Territory, Puerto Rico, or the District of Columbia, whichever is

concerned,'' after ''the State''.

Subsec. (b). Pub. L. 97-214, Sec. 3(d)(3), (e)(2), inserted ''or

(5)'', and struck out ''or Territory, Puerto Rico, or the District

of Columbia, whichever is concerned,'' after ''the State''.

Subsecs. (c), (d). Pub. L. 97-214, Sec. 3(d)(2), struck out ''or

Territory, Puerto Rico, or the District of Columbia'' after ''a

State''.

1958 - Subsec. (a). Pub. L. 85-861 permitted joint use of

facilities provided by contributions under section 2233(a)(4) of

this title.

Subsec. (b). Pub. L. 85-861 substituted ''A contribution made for

an armory under section 2233(a)(4) of this title may not be more

than 75 percent of the cost of the construction to which it is

applied'' for ''No contribution made for a facility under section

2233(a)(3) of this title may be more than 75 percent of the cost of

the construction to which it is to be applied''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 1501(b)(36) of Pub. L. 104-106 effective as

if included in the Reserve Officer Personnel Management Act, title

XVI of Pub. L. 103-337, as enacted on Oct. 5, 1994, see section

1501(f)(3) of Pub. L. 104-106, set out as a note under section 113

of this title.

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 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 18233 of this title.

-CITE-

10 USC Sec. 18237 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART V - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 1803 - FACILITIES FOR RESERVE COMPONENTS

-HEAD-

Sec. 18237. Supervision of construction: compliance with State law

-STATUTE-

(a) Any construction, expansion, rehabilitation, or conversion

under section 18233(a)(1) of this title may be performed under the

supervision of the Chief of Engineers of the Army or the head of

such office or agency in the Department of the Navy as the

Secretary of the Navy may designate.

(b) The construction, expansion, rehabilitation, or conversion of

facilities in a State under paragraph (2), (3), (4), (5), or (6) of

section 18233(a) of this title shall be done according to the laws

of that jurisdiction and under the supervision of its officials,

subject to the inspection and approval of the Secretary of Defense.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 123, Sec. 2237; Pub. L. 85-861,

Sec. 1(41), Sept. 2, 1958, 72 Stat. 1457; Pub. L. 89-718, Sec. 19,

Nov. 2, 1966, 80 Stat. 1118; Pub. L. 97-214, Sec. 3(d)(2), July 12,

1982, 96 Stat. 170; renumbered Sec. 18237 and amended Pub. L.

103-337, div. A, title XVI, Sec. 1664(b)(2), (9), div. B, title

XXVIII, Sec. 2852, Oct. 5, 1994, 108 Stat. 3010, 3011, 3072; Pub.

L. 104-106, div. A, title XV, Sec. 1501(b)(37), Feb. 10, 1996, 110

Stat. 498.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2237 50:885. Sept. 11, 1950, ch.

945, Sec. 6, 64

Stat. 831.

-------------------------------

The words ''of facilities'' are omitted as surplusage. The words

''Chief of Engineers'' are substituted for the words ''Chief, Corps

of Engineers'' to conform to section 3036(a)(1) of this title. The

words ''of the Army'' and ''of the Navy'' are inserted for clarity.

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2237(a) 2237(b) 50:885(a). 50:885 Aug. 9, 1955, ch.

(less (a)). 662, Sec. 1(f), 69

Stat. 594.

-------------------------------

In subsection (b), the words ''Territory, Puerto Rico, or the

District of Columbia'' are inserted to reflect 50:886(c).

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-106, Sec. 1501(37)(A),

substituted ''18233(a)(1)'' for ''2233(a)(1)''.

Subsec. (b). Pub. L. 104-106, Sec. 1501(37)(B), substituted

''18233(a)'' for ''2233(a)''.

1994 - Pub. L. 103-337, Sec. 1664(b)(2), renumbered section 2237

of this title as this section.

Subsec. (a). Pub. L. 103-337, Sec. 1664(b)(9)(A), which directed

amendment of subsec. (a) by substituting ''paragraph (2), (3), or

(4) of section 18233(a)'' for ''section 2233(a)(2), (3) and (4)'',

could not be executed because the words ''section 2233(a)(2), (3)

and (4)'' did not appear subsequent to intervening amendment by

Pub. L. 103-337, Sec. 2852(a). See below.

Pub. L. 103-337, Sec. 2852(a), substituted ''under section

2233(a)(1)'' for ''under any provision of this chapter except

section 2233(a)(2), (3), and (4)''.

Subsec. (b). Pub. L. 103-337, Sec. 1664(b)(9)(B), which directed

amendment of subsec. (b) by substituting ''paragraph (2), (3), or

(4) of section 18233(a)'' for ''section 2233(a)(2), (3) or (4)'',

could not be executed because the words ''section 2233(a)(2), (3)

or (4)'' did not appear subsequent to intervening amendment by Pub.

L. 103-337, Sec. 2852(b). See below.

Pub. L. 103-337, Sec. 2852(b), substituted ''paragraph (2), (3),

(4), (5), or (6) of section 2233(a)'' for ''section 2233(a)(2),

(3), or (4)''.

1982 - Subsec. (b). Pub. L. 97-214 struck out ''or Territory,

Puerto Rico, or the District of Columbia'' after ''facilities in a

State''.

1966 - Subsec. (a). Pub. L. 89-718 substituted ''the head of such

office or agency in the Department of the Navy as the Secretary of

the Navy may designate'' for ''the Chief of the Bureau of Yards and

Docks of the Navy''.

1958 - Pub. L. 85-861 inserted '': compliance with State law'' in

section catchline.

Subsec. (a). Pub. L. 85-861 designated existing provisions as

subsec. (a) and substituted ''under any provision of this chapter

except section 2233(a)(2), (3), and (4) of this title'' for ''under

this chapter''.

Subsec. (b). Pub. L. 85-861 added subsec. (b).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 1664(b)(2), (9) of 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 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.

-CITE-

10 USC Sec. 18238 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART V - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 1803 - FACILITIES FOR RESERVE COMPONENTS

-HEAD-

Sec. 18238. Army National Guard of United States; Air National

Guard of United States: limitation on relocation of units

-STATUTE-

A unit of the Army National Guard of the United States or the Air

National Guard of the United States may not be relocated or

withdrawn under this chapter without the consent of the governor of

the State or, in the case of the District of Columbia, the

commanding general of the National Guard of the District of

Columbia.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 123, Sec. 2238; Pub. L. 85-861,

Sec. 1(43), Sept. 2, 1958, 72 Stat. 1457; Pub. L. 97-214, Sec.

3(d)(4), July 12, 1982, 96 Stat. 170; renumbered Sec. 18238, Pub.

L. 103-337, div. A, title XVI, Sec. 1664(b)(2), Oct. 5, 1994, 108

Stat. 3010.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2238 50:883(b). Sept. 11, 1950, ch.

945, Sec. 4(b), 64

Stat. 830.

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The words ''from any community or area'' are omitted as

surplusage. The word ''relocated'' is substituted for the words

''location * * * be changed''. The words ''Territory, or Puerto

Rico, or the commanding general of the National Guard of the

District of Columbia'' are inserted to reflect 50:886(b), since the

source statute applied to the District of Columbia and there is no

''governor'' of the District of Columbia. The words ''as the case

may be'' are substituted for the words ''within which such unit is

situated''. The words ''with regard to such withdrawal or change

of location'' are omitted as surplusage.

1958 Act

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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2238 50:883(b). Aug. 9, 1955, ch.

662, Sec. 1(c), 69

Stat. 593.

-------------------------------

The words ''shall have been consulted'' and ''such withdrawal or

change of location'' are omitted as surplusage.

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 2238 of this title as

this section.

1982 - Pub. L. 97-214 substituted ''or, in the case of the

District of Columbia, the commanding general of the National Guard

of the District of Columbia'' for ''or Territory, or Puerto Rico,

or the commanding general of the District of Columbia, as the case

may be''.

1958 - Pub. L. 85-861 required the consent of the governor, or

the commanding general of the National Guard of the District of

Columbia, prior to relocation or withdrawal.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 18233 of this title.

-CITE-

10 USC Sec. 18239 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART V - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 1803 - FACILITIES FOR RESERVE COMPONENTS

-HEAD-

Sec. 18239. Waiver of certain restrictions

-STATUTE-

(a) The Secretary of Defense and the Secretary of each military

department may make expenditures and contributions under section

18233 of this title without regard to section 3324(a) and (b) of

title 31.

(b) Authority provided by law to place permanent or temporary

improvements on land under section 18233 of this title may be

exercised on land not owned by the United States -

(1) before title to the land on which the improvement is

located (or is to be located) is approved under section 3111 of

title 40; and

(2) even though the land will be held in other than a fee

simple interest in a case in which the Secretary of the military

department concerned determines that the interest to be acquired

in the land is sufficient for the purposes of the project.

-SOURCE-

(Added Pub. L. 97-214, Sec. 3(b)(1), July 12, 1982, 96 Stat. 169,

Sec. 2239; amended Pub. L. 97-295, Sec. 1(23), Oct. 12, 1982, 96

Stat. 1290; Pub. L. 97-321, title VIII, Sec. 805(a)(2), Oct. 15,

1982, 96 Stat. 1573; renumbered Sec. 18239 and amended Pub. L.

103-337, div. A, title XVI, Sec. 1664(b)(2), (10), Oct. 5, 1994,

108 Stat. 3010, 3011; Pub. L. 107-217, Sec. 3(b)(42), Aug. 21,

2002, 116 Stat. 1298.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-217 substituted ''section 3111

of title 40'' for ''section 355 of the Revised Statutes (40 U.S.C.

255)''.

1994 - Pub. L. 103-337, Sec. 1664(b)(2), renumbered section 2239

of this title as this section.

Subsecs. (a), (b). Pub. L. 103-337, Sec. 1664(b)(10), substituted

''18233'' for ''2233''.

1982 - Subsec. (a). Pub. L. 97-295 substituted ''section 3324(a)

and (b) of title 31'' for ''section 3648 of the Revised Statutes

(31 U.S.C. 529)''.

Subsec. (b). Pub. L. 97-321, in introductory text, substituted

''on land'' for ''on lands'' and inserted ''on land not owned by

the United States''; redesignated former cl. (1) as par. (1); added

par. (2) and struck out former cl. (2) ''even though the land is

held temporarily''.

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

Section 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 a note under

section 2801 of this title.

-CITE-